02/22/2010 - 29278CITY COUNCIL MEETING
CITY OF FRIDLEY
FEBRUARY 22, 2010
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Saefke
Councilmember Bolkcom
Councilmember Barnette
MEMBERS ABSENT: Councilmember Varichak
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
James Kosluchar, Public Works Director
Scott Hickok, Community Development Director
Hugh Robinson, Executive Vice President for Tri-Land Properties
Rob Viera, Clear Wireless, LLC
PRESENTATION:
Annual National Pollutant Discharge Elimination System (NPDES) Review of Fridley's
Stormwater Pollution Prevention Plan (SWPPP) for 2009.
James Kosluchar, Public Works Director, stated the NPDES (National Pollutant Discharge
Elimination System) stormwater authority legislation by the federal government is delegated to
the State of Minnesota through the MPCA. Fridley is an MS4, which is a municipal separate
stormwater system incorporating physical characteristics such as ditches, curbs, gutters, storm
sewers, and similar means of collecting the main runoff that do not collect to a wastewater
collection system or treatment plant. The City of Fridley has issued its own permit under the
State of Minnesota's permit.
Mr. Kosluchar said in 2008, Fridley received a reauthorization of its MS4 permit which has
been e�tended for five years. The heart of the permit is a stormwater pollution prevention
program, which has six minimum control measures that are part of the program. This is the
completion of Fridley's seventh year under the NPDES program. Fridley has been very
proactive over the years in the implementation of a stormwater program even prior to regulatory
requirements to do so.
Mr. Kosluchar stated the first minimum control measure is public education and outreach. In
2009, the City of Fridley broadcasted 272 programs related to stormwater including 101 that are
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 2
specific to stormwater pollution prevention. The City distributed printed materials to the public,
such as bookmarks, Mississippi River and Springbrook Watershed brochures, and stormwater
educational calendars at City buildings and events (such as recycling drop-offs). The City
continues to do the stormwater inlet labeling program. The City attaches a plastic disc within the
concrete when it has the opportunity to do so along street rehabilitation work The City also
developed an educational program for good housekeeping for our own municipal operations.
Mr. Kosluchar said the second control measure is public participation and involvement. Rain
gardens are part of this, and the City planted four new rain gardens in 2009 with the street
rehabilitation project. This is an activity that involves the participation of residents. If people do
desire to have a rain garden, the City tries to educate them on what a rain garden is and how to
take care of it. The City will provide for the curb cut and reinstall the curbing to allow for the
rain garden, depending on the circumstances.
Mr. Kosluchar stated this meeting is also part of the minimum control measure as it allows
public information and comment.
Mr. Kosluchar stated MCM3 is illicit discharge detection elimination. The City accomplishes
this through several activities, including mapping of our storm sewer system. It continues to
work to add information on private systems to our database and maps, and staff does still find
some of our own system corrections that need to be done from the old as-built drawings. The
City also maintains an illicit discharge ordinance prohibiting the dumping of hazardous materials
into the storm drainage system or waterway which is enforceable as a public nuisance. It also
developed an inspection program for good housekeeping for its municipal operations, and staff
does annual outfall inspection and cleaning. This year it was in the northwest area of town.
Mr. Kosluchar said the City also identifies non-stormwater discharge and flows, and staff is
working on wash water discharge with properties which is an ongoing activity right now.
Construction site runoff control is one of the more time-consuming and probably immediately
beneficial MCM's that the City enforces. The City has an erosion control ordinance that was
approved by the City Council in 2006. Our construction compliance requires use of best
management practices by contractors such as silt testing, temporary ponding, concrete washout
areas, and soil stabilization. The City maintains its own projects in that fashion. The 2009
projects that were fairly large include the Northstar station, Minneapolis emergency operation
training facility, and the Totino-Grace renovations.
Mr. Kosluchar said the City also has post-construction stormwater management as part of its
minimum control measures. The City maintains compliance with development ordinances. City
staff reviews plans and ensures that stormwater management systems are going to perform in as
good a fashion as the existing condition. The City requires stormwater management agreements
to be filed with large development and redevelopment owners, and it requires them to grant
access easements to the City for correction if that is ever needed.
Mr. Kosluchar stated the last minimum control measure is pollution prevention and
housekeeping for municipal operations. The City does annual treatment device cleaning. These
are stormceptors (basically catchments for grit). The City has a pretty intense street sweeping
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 3
program. Staff had about 680 hours of street sweeping last year. It removed about 3,400 yards
of material from our streets. In addition, it did some storm sewer cleaning last year along 61st
and removed 13-14 yards of sediment out of that piping system. The City also reduced the
amount of sand applied to roadways. In 2009, it was about 50 percent less than three years prior.
That reduced the amount of spring sweeping required and the amount of solids passing down the
stormwater system.
Mr. Kosluchar stated there is a new draft MS4 permit which will apply to the City and will go
into effect in 2011. There will be more requirements, including moving toward the role as being
the enforcement arm for stormwater quality. TMDL's are being developed right now, including
probably the most famous one in this area, the Lake Pepin TMDL which will affect the City.
These TMDL studies define waste load allocations to impaired waters, and Fridley will have to
abide by those waste load allocations. We will see additional requirements in the future,
possibly including monitoring.
Mr. Kosluchar stated sediment disposal controls are on the horizon with testing of existing pond
deficiencies and testing for disposal of sediments. Additional costs are coming to comply with
the added rules and permit requirements.
Councilmember Bolkcom asked about half of sweepings being sand applied to roadways, what
makes up the other half.
Mr. Kosluchar replied leaves, organic matter, and grass clippings.
Councilmember Bolkcom stated if we all kept our leaves in our own yards that would help.
Mr. Kosluchar replied, absolutely, and actually that is a requirement of ordinance as well, to
maintain any kind of yard debris within your property and to dispose of it properly.
Councilmember Bolkcom asked if the additional costs would be unfunded.
Mr. Kosluchar replied correct.
Mayor Lund asked where the City was dumping its street sweepings.
Mr. Kosluchar replied at Bunker Hills Park Anoka County has a facility there for composting.
Mayor Lund asked if the sand and dirt was mixed in with the composting.
Mr. Kosluchar replied, the sand and the dirt are actually screened on-site at the Public Works
garage, and we re-use the sand and dirt.
Councilmember Barnette asked why Lake Pepin affected us.
Mr. Kosluchar said it affects us because the Mississippi River flows through Lake Pepin. The
Mississippi River is also the receiving water from all of the City's drainage. Fridley is not
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 4
singled out in these requirements. Columbia Heights will be a part of it and our neighboring
cities to the north, south, to the west, and probably many to the east as well.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 8, 2010 (amended minutes with resolution numbers
added.)
Councilmember Bolkcom said she would like the minutes to indicate that she arrived at the
meeting at 8:20 p.m.
APPROVED AS AMENDED.
NEW BUSINESS:
1. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise
Permit for Spring Lake Park Youth Hockey Association at Broadway Bar and Pizza
Located at 8298 University Avenue N.E. (Ward 3).
William Burns, City Manager, stated the Spring Lake Youth Hockey Association currently
conducts other lawful gambling at Nicklow's in Spring Lake Park and Time Out in Blaine. Staff
has conducted a background investigation for the gambling manager and found no reason to deny
the application. A new state law passed last July changes the term of the premise permit from
two years to perpetual. This means the license will remain in effect until one of the parties
terminates the contract with Broadway Pizza or until the State's charitable gambling control
board suspends or revokes the permit. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2010-14.
2. Resolution Ordering Advertisement for Bids: 2010 Miscellaneous Concrete Repair
Project No. 395.
William Burns, City Manager, stated this is an annual concrete repair program for City streets.
The repairs include repairs to curbs and streets and occur as a result of utility breaks,
deterioration of streets or driveway reconstruction. The City has budgeted $45,000 for this work
which he believes is the same amount the City budgeted for 2009. Staff expects to open bids on
March 16 and to bring this to Council at their March 29 meeting. Staff recommends Council's
approval.
ADOPTED RESOLUTION NO. 2010-15.
3. Approve Change Order No. 4 for 2008 Street Improvement Project No. ST2008-01.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 5
William Burns, City Manager, stated the work was done on Siverts Lane in 2009 after being
held over due to right-of-way issues in 2008. The change order is for Midwest Asphalt
Corporation in the amount of $15,281.50. The final cost for this project is $2,365,590.72. Staff
recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Approve Joint and Cooperative Agreement for the Formation and Administration
of the Anoka-Hennepin Narcotics and Violent Crimes Task Force.
William Burns, City Manager, stated this agreement describes the work of a multi-agency task
force whose main objective is to gather evidence and apprehend drug traffickers in the
geographic area as represented by its members. The task force has been in existence since 1996.
The agreement was last amended in 2001. The agreement formalizes Fridley's role in providing
a sergeant who supervises the day-to-day work of the task force. Additionally, a new agreement
incorporates Columbia Heights as a member and eliminates the cities of Brooklyn Park and
Brooklyn Center which have left the Task Force. The current members include the cities of
Anoka, Blaine, Champlin, Coon Rapids, Fridley, Maple Grove, and Anoka County.
Dr. Burns stated the Task Force commander is a lieutenant from the Anoka County Sheriff's
Office. There are currently 11 full-time law enforcement officers who serve on the Task Force.
The Task Force is one of 20 multi-agency groups operating in Minnesota. It has the distinction
of ranking No. 1 among the 20 task forces in terms of arrests, felony charges filed, handguns
seized, arrests per $1,000 of grant funding, and arrests per full-time detective. Staff recommends
Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Claims (145125 — 145255).
APPROVED.
6. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
7. Estimates:
Midwest Asphalt
5929 Baker Road, Suite 420
Minnetonka, MN 55345
2008 Street Improvement Project No. ST2008-01
FINAL ESTIMATE ... ... ... ... ... ... ... ... ... ... ... ... ... $ 63,638.23
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 6
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item Nos. 3 and 4 be removed from the consent agenda.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
Nos. 3 and 4. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 3
and 4. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
There was no response from the audience under this item of business.
NEW BUSINESS:
8. First Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA
#10-01, by Tri-Land Properties, Inc., to Rezone Property from C-3, General
Shopping, to Planned Unit Development Zoning, for the Redevelopment of the Site
Generally Located at 244, 246, 248 and 250 — 57t'' Avenue N.E.) (Ward 3).
Scott Hickok, Community Development Director, stated the City Council held a public hearing
on this item at its February 8, 2010, meeting. Staff recommends holding the first reading of the
ordinance and approving the rezoning.
Councilmember Bolkcom asked why the stipulations do not have actual dates in them.
Mr. Hickok said those dates will come with the planned development agreement that will
accompany the second reading of the ordinance at the ne�t meeting. Those have to do with
phasing, start times, scheduling, specific plans. They will have the dates prior to the second
reading.
Councilmember Bolkcom asked if they have seen the agreement.
Mr. Hickok said it should be coming this week.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 7
Councilmember Bolkcom asked that a representative for the petitioner come forward as she had
a change in one stipulation. She referred to Stipulation No. 20. She would like to change it to
read, "No fertilizer shall be stored outside the store's principal building, nor shall any other
garden center materials be stored outside the garden center's fenced containment area."
Hugh Robinson, Executive Vice President for Tri-Land Properties, replied that should be fine.
They did have some conversation about small things within plastic containers of fertilizers, etc.
He asked whether this was intended to not let Cub do that, too.
Mr. Hickok stated there was some discussion regarding product you typically would have ne�t
to the checkout.
Councilmember Bolkcom asked, such as Miracle Grow?
Mr. Robinson replied, yes.
Mr. Hickok stated, yes, things like that. It would be on a shelf and would be covered to protect
it from rain, etc. Besides that, any bags of fertilizers would have to be inside the store.
Mr. Robinson said they understand that.
Councilmember Bolkcom said as she previously discussed with him her other issue was about
run-off from watering the plants. He reassured her about how the runoff would be handled.
Mr. Kosluchar stated that is addressed in the stipulations. Basically they talk about the City's
stormwater pollution prevention program. They would need to develop a stormwater
management plan that would have to be approved by the City in order to store those kinds of
materials outside.
William Burns, City Manager, over the last couple of years, people have been led to believe that
a project is going to happen but it does not because the financing fell apart. He asked Mr.
Robinson, using a scale from 1 to 10, what are the prospects for their project happening at all.
Mr. Robinson said that they are not immune to the current commercial real estate problems that
will continue to plague the country for some time to come. One of the advantages they have is a
new lease with Cub Foods for an e�tended period of time which is attractive even in today's
environment from a financing perspective. They will need to bring additional new equity capital
to the project, and they believe that it is eminently doable. This is not the project that is going to
happen overnight. There are a few things that have to happen, a whole series of phasing that has
to take place to get to the point before Cub can even actually start construction. They still have a
lot to do on the financing end.
Dr. Burns asked if they have raised any equity separate from the equity that Super Valu brings
to the project.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 8
Mr. Robinson said they have plus or minus $6 million of existing equity into the deal at this
particular point of time.
Dr. Burns stated but at the same time they need new equity to build. Is any of that equity
around other than the Cub equity?
Mr. Robinson not at this point in time. They have successfully raised new equity for other
redevelopments they have under construction right now in Kansas City. They know what they
have to build as far as the City of Fridley is concerned. They are ten days or so away from
signing a letter of intent with Cub and proceeding with the lease negotiations. They hopefully
will be entering into negotiations with the City about the Fridley Liquor Store. Simultaneous
with that they will be working with both banks and their existing equity sources to put together a
financing package that will provide the capital necessary to complete the project. Cub is
bringing a significant amount of equity to the table as well. All of those pieces have to come
together for them to be able to make this happen.
MOTION by Councilmember Bolkcom to amend Stipulation No. 20 to read as follows: "No
fertilizer shall be stored outside the store's principal building, nor shall any other garden center
materials be stored outside the garden center's fenced containment area." Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading with the following stipulations:
1. The property shall be developed in accordance to the General Plan for
Development Agreement, which will include the architectural plans dated
and the Architectural Design and Signage Guidelines dated (This
agreement shall be prepared by the petitioner and approved by staff prior to City
Council review of the rezoning request.)
2. The General Plan for Development Agreement must include a three-year time
limit to construction inactivity between phases until full build out of the site is
complete as proposed.
3. The property shall be developed in accordance with the site plan SP.1 dated
, which will incorporate the stipulations included herein and approved by
staff. (Site plan shall be revised per City staff comments included in staff report
prior to City Council review of the rezoning request.)
4. The building elevations and signage shall be constructed in accordance with
architectural plans , dated . (Architectural elevations
shall be modified to list every material to be used on each side of each of the
building and architectural design and signage guidelines shall be modified per
City staff's request prior to City Council review of the rezoning request.)
5. Phasing Plan shall be modified to show demolition of the entire 50 feet on the
front of the building to be completed within one year of the opening of the Cub
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 9
Foods store and the plans and shall be redone to show modification of parking
areas and installation of landscaping, signage and pedestrian connections.
6. The applicant shall obtain all necessary permits before each phase prior to
construction, including but not limited to building, land alteration, sign permits.
7. The proposed project and phasing shall meet all Building code, Fire code, and
ADA requirements.
8. City engineering staff to review and approve grading and drainage plan prior to
issuance of building permits.
9. Landscape plan to be reviewed and approved by City Staff prior to issuance of
building permit. Any dead trees on the site will need to be replaced annually.
10. Applicant of building permit applications, to pay all water and sewer connection
fees prior to issuance of a building permit.
11. The subject property shall not be allowed to have telecommunication facilities or
billboards constructed on it.
12. Existing light poles and fi�tures 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 57tn
Avenue.
14. All lighting shall be no more than 3-foot candles at the property line.
15. Site Plan must be redrawn to relocate outdoor sale areas to a location off of an
access drive aisle. Fence design around the outdoor sales area shall be reviewed
and approved by City staff prior to issuance of a building permit for Phase 2A. If
the loss of parking or snow storage space resulting from use of the outdoor sale
area creates a parking shortage, the outdoor sale areas use must remain solely for
parking.
16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored
pavement to accommodate safe pedestrian movement between the retail buildings.
17. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
18. The petitioner shall comply with any requirements set forth by the Minnesota
Department of Transportation.
19. No firework displays shall occur within the outdoor sales areas.
20. No fertilizer shall be stored outside the store's principal building, nor shall any
other garden center materials be stored outside the garden center's fenced
containment area.
21. Access to Holiday Station store and CVS Pharmacy shall be maintained during
construction.
22. Bike racks shall be provided on site per code requirements.
23. Design detail shall be provided for the main sidewalk running north and south in
the parking lot.
24. Specific areas shall be designated for snow storage and a plan shall be submitted
showing those areas, prior to issuance of a building permit for Phase 1.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 10
25. The petitioner shall submit a comprehensive sign plan to be attached to the
General Plan for Development.
26. Applicant will have to provide a specific stormwater conveyance and treatment
system plan for approval by Engineering for each development phase prior to
construction commencement. An approved plan may include facilities that have
not been shown on plans to date.
27. Applicant will have to provide a specific temporary and permanent erosion
control plan for approval by Engineering for each development phase prior to
construction commencement. An approved plan may include facilities that have
not been shown on plans to date.
28. Access easements for the stormwater collection system, stormwater treatment
facilities, and sanitary sewer and water systems will be provided to the City of
Fridley as approved by Engineering prior to construction commencement.
29. Maintenance agreements for the stormwater collection system, stormwater
treatment facilities, and sanitary sewer and water systems will be provided to the
City of Fridley as approved by Engineering prior to construction commencement.
30. As part of a maintenance agreement for the stormwater collection system, a
permanent SWPPP will be submitted for the site and approved by Engineering to
include consideration for treatment facility maintenance, minimization of
contaminated runoff from garden center areas, truck dock areas, snow storage
areas, etc. This will be provided prior to construction commencement.
31. Applicant will have to provide a specific utility plan for approval by Engineering
for each phase prior to construction commencement. An approved plan may
include facilities that have not been shown on plans to date. Note that inclusion
of restaurants, cafes, or dining areas of all types will require e�ternal grease traps
approved by Engineering on respective sanitary sewer discharge lines.
32. The traffic study shall be revised to show traffic impacts to the site and
surrounding road network for a restaurant use or restaurant use with a drive-thru
within Retail A and Retail B. Upon completion the petitioner shall provide
revised traffic data to the City, County and Mn/DOT for approvals.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Approve Tower Site Lease Agreements between the City of Fridley and Clear
Wireless, LLC, for Water Tower #1, Water Tower #2 and the Marion Hills
Reservoir.
Mr. Kosluchar, Public Works Director, stated Clear Wireless, LLC contacted the City of
Fridley some months ago in regard leasing three sites: Fridley's Water Tower #1 at Commons
Park, Water Tower #2 on Highway 65, and the Marion Hills Reservoir on Johnson Street. Clear
Wireless intends to construct a 4G mobile internet wireless network The goal of their network
is to provide increased internet bandwidth with larger area coverage. They are requesting lease
agreements for the three Fridley sites and are permitting three additional non-city sites. Clear
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 11
Wireless will require a panel at each site, along with a maximum of six antennas and dishes. Our
standard lease rates are geared toward a minimum charge accommodating nine antennas and
substantial communications shelters. We prorated this charge for six antennae/dishes and
smaller communications panels. Each site would start at a rate of $1,350 per month under the
draft leases. Clear Wireless would commit to a CPI adjustment with a minimum 4 percent
escalator in addition to that. Modifications to our standard agreement are minimal thanks to the
City Attorney. The major change is the major inclusion of the ability of Clear Wireless to delay
our first payment until construction starts. Staff recommends Council's approval of the multiple
leases. These are basically identical agreements.
Councilmember Saefke asked whether this was part of the contemplated Anoka County
wireless project.
Mr. Kosluchar said he did not believe so.
Councilmember Saefke asked if the County went ahead with their project, would they be
seeking leases on our towers.
Mr. Kosluchar replied, he did not know. They have not really discussed it although he knows
Fridley towers, just because of their physical location and height, are typically in demand in this
area.
Councilmember Saefke asked how much room do we have left on the towers if this is granted.
Mr. Kosluchar replied, Commons will have three leases, T-Mobile will be on there. We also
have TTM which is a small dish, these three, and the Metro Transit which has another small dish.
On Highway 65 these will be the second company there. It will be separate and there is no
problem with space. On Marion Hills, there is quite a bit of space up on top. Commons is
probably getting the most crowded.
William Burns, City Manager, said he heard from John Tomming at the County that they are
planning on completely revamping the dispatch center. He did ask if the County had any plans
for cell towers for the County, and there are no immediate plans for that.
Councilmember Saefke said he knows when Marion Hills was rebuilt, it was structurally
designed to support additional towers and stands. He was just wondering how much more room
we have on different locations.
Mayor Lund asked Mr. Kosluchar if he knew what the capacity was at the Commons Park site.
Mr. Kosluchar replied we do have additional space. As far as structural, part of the requirement
will be for them to perform a structural analysis and make that determination, which is going to
be a fairly significant task for Commons. There still is room on the top. On the rail, it is getting
a little bit crowded.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 12
Councilmember Saefke asked as far as future maintenance on any of these towers, when it
comes to painting, etc., does the City get contributions or is that just part of the monthly rent.
Mr. Kosluchar replied we do not get a contribution from the tenant for painting. The tenant, per
the agreement, basically removes their equipment and reinstalls the equipment at their own cost.
Councilmember Bolkcom asked about the three non-city sites.
Mr. Kosluchar said these are private sites that have permits for telecommunications facilities,
and they have permit requests in for those.
Councilmember Bolkcom asked but that is not part of this lease agreement?
Mr. Kosluchar said correct.
Councilmember Bolkcom asked with respect to them not actually paying rent until they
actually have them built, what in the agreement keeps them from waiting a year or two and tying
up a site the City could be getting rent for.
Mr. Kosluchar said the rent starts after 12 months, regardless of construction.
Councilmember Bolkcom stated in the meantime, they could tie up these three sites for 12
months without the City getting any rent.
Mayor Lund stated there is still space on those towers.
Councilmember Bolkcom asked if this is our normal agreement.
Mr. Kosluchar said he believes our normal agreement is within a date certain of being passed.
He thinks it is either upon the date of the agreement or 30 or 60 days.
Councilmember Bolkcom asked why it is being changed.
Mr. Kosluchar said it is the one thing they requested that is a material change to the agreement.
They requested a lot of things, but they ended up with this one modification.
Councilmember Bolkcom asked if they gave a reason.
Mr. Kosluchar said he thinks they are looking at cash flow and construction needs.
Councilmember Bolkcom said she is balking a little bit because we are not holding them to
something and they get a whole year to actually start paying rent. She likes the 4 percent of the
cost of living. A whole year to wait on something seems a little too long to her. Someone else
could come along and want those very same sites. To her they are just tying up sites all over and
they have a whole year to do something about it.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 13
Mayor Lund stated up to a whole year or until they start construction.
Councilmember Bolkcom replied, right, but up to a whole year they cannot pay and they have
tied up three sites. Everyone is fighting for these sites.
Mayor Lund stated he agrees, but we do still have capacity on the sites.
Councilmember Bolkcom said if they do it for this one, the ne�t person could ask for the same
thing. She thinks they could negotiate something in between such as 0-6 months rather than a
whole year.
Councilmember Barnette stated it sounds like that was part of the negotiations. They gave a
little, we gave a little, and this is what we came up with.
Councilmember Bolkcom stated it is similar to the last one where we had the whole thing
related to the cost of living and they wanted it bad enough. Does this agreement have to be done
tonight? Could we go back to them and say we would like to negotiate six months?
Mayor Lund asked if this type of equipment could be installed year-round.
Mr. Kosluchar replied, he thinks most of the equipment can be installed year-round. There is
some underground work with cabling, etc.
MOTION by Councilmember Bolkcom to table the approval of Tower Site Lease Agreements
between the City of Fridley and Clear Wireless, LLC, for Water Tower #1, Water Tower #2 and
the Marion Hills Reservoir. Seconded by Councilmember Barnette.
Rob Viera, Buell Consulting, Inc., stated the reason for the 12 months is because they are
building out a network and building on almost 600 different sites. It is hard to determine which
ones they are going to build out first. Some approvals take a long time to get done. They do not
necessarily need 12 months per se. He would be willing to reduce the amount of time to 9
months. He thinks some point during this calendar year is feasible. This system is different in a
sense that all these different sites have to communicate with each other. They have to have line
of sight. To devise an entire network in a seven-county area and have 600 different sites makes
it hard to determine where they are going to start this network and actually fill them all in.
Mayor Lund asked Mr. Viera if he has the authority to change the agreements to 9 months.
Mr. Viera said he does.
Councilmember Bolkcom asked why 9 months versus 6 months. They have never had this
before in all the agreements they have had in the past. There has never been anyone who has not
started paying right away.
Mr. Viera said Verizon already has a network in place. With Clear Wireless they are trying to
build out this entire network They need almost 600 different sites and it is so hard to plan which
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 14
ones are going to get approved first, built first, and work with each other. Some of these sites are
kind of moving targets, and the engineers are just constantly trying to develop this whole
network They just want a little more flexibility than is typical to kind of find a good time to
actually build out Fridley.
Councilmember Bolkcom said they have already established these are sites they want their cell
towers on.
Mr. Viera stated they are going to start in one city and then move to another. Just to coordinate
600 different sites, it is difficult to find the personnel to do that in a timely fashion. To have a
little flexibility is imperative for network buildout. Some of the agreements have almost two
years or just commence upon construction. He thinks the 9 months will work for them.
Councilmember Bolkcom asked if he is willing to start to pay in 6 months.
Mr. Viera replied, the agreements are not even signed yet which is going to take a while.
Councilmember Bolkcom replied but it will be 6 months after the agreement is signed.
Mr. Viera said they have to get a building permit so this could put them out another few
months--at least two.
Councilmember Bolkcom stated no one else has ever had a problem.
Mr. Viera replied, but nobody is doing what they are trying to do—build up an entire network in
a fairly quick timeframe.
Councilmember Bolkcom stated she would like to see this tabled and get a letter in writing
from them that they are agreeing to the nine months. She is not saying that Mr. Viera cannot
speak for this, but it is not an agreement between Mr. Viera and the City of Fridley.
Councilmember Barnette asked if they could get this all done by the March 8 meeting. He
asked Councilmember Bolkcom if that would be okay.
Councilmember Bolkcom replied, yes.
Mayor Lund asked Mr. Viera if a couple of weeks is going to slow them down.
Mr. Viera replied, it could. They are doing several of these now. They have to get these leases
done and then get building permits and try to get the whole network in place.
Councilmember Bolkcom said it is two weeks.
Mr. Viera stated they applied for these sites with Mr. Kosluchar back in October. They are
looking at late February and to get delayed another two weeks, it is time-sensitive to get this
network up and operational.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 15
Councilmember Bolkcom asked why something had not been done since October.
Mr. Viera stated they have been going back and forth with Mr. Kosluchar on the lease. It is
difficult to say, when you are trying to develop an entire network like this and have so many
different sites. They will accept 9 months, but six months would be difficult. If they say 6
months now and the leases get signed and it takes 3 months for a building permit, they would
only have a few months to actually start construction.
UPON A VOICE VOTE, COUNCILMEMBER BARNETTE AND COUNCILMEMBER
BOLKCOM AYE, AND MAYOR LUND AND COUNCILMEMBER SAEFKE VOTING
NAY, THE MAYOR DECLARED THE MOTION FAILED ON A 2 TO 2 VOTE.
MOTION by Councilmember Saefke to change the time limit from 12 months to 9 months or
until construction starts per agreement which will be done in writing. Seconded by
Councilmember Barnette.
Councilmember Bolkcom asked Mr. Kosluchar who he has been negotiating the leases with.
Mr. Kosluchar replied Mr. Viera.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND
COUNCILMEMBER SAEFKE VOTING AYE, AND COUNCILMEMBER BOLKCOM
VOTING NAY, THE MAYOR DECLARED THE MOTION CARRIED ON A 3 TO 1
VOTE.
MOTION by Councilmember Barnette to approve the Tower Site Lease Agreements between
the City of Fridley and Clear Wireless, LLC, for Water Tower #1, Water Tower #2 and the
Marion Hills Reservoir. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, AND
COUNCILMEMBER SAEFKE VOTING AYE, AND COUNCILMEMBER BOLKCOM
VOTING NAY, THE MAYOR DECLARED THE MOTION CARRIED ON A 3 TO 1
VOTE.
10. Resolution Authorizing the City Clerk to Withdraw the Certification of Certain
Special Assessment for Street Improvement Project No. ST2008-01.
James Kosluchar, Public Works Director, said the 2008 street reconstruction project was
partially funded by special assessments against benefiting properties for curb and gutter. A
parcel located at 6890 Channel Road was included in the assessment roll and subsequent
resolution certifying the assessment. Anoka County Parks owns and operates the property.
Notice was mailed to the County but it did not get forwarded to the proper person prior to the
assessment hearing. Anoka County staff indicated they believe no special benefit was received
by the property, and it was dedicated park land with no development allowed.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 16
Mr. Kosluchar stated City staff believed at the time the project was reviewed on the initial
assessment that the paved area abutting the property was intended to provide maintenance access
to the property. Anoka County Park staff indicated that this is not the case, and the paved area is
rather an encroachment upon park property. There is no requirement for the City to withdraw
the special assessment as requested by the County in the amount of $9,182.04. It is, however,
consistent with our special assessment policy to do so. Anoka County Park staff stated they are
working to alleviate the encroachment that exists on their property. Staff recommends Council's
approval.
Councilmember Saefke asked if it was the dead end portion of Channel Road.
Mr. Kosluchar replied correct.
Councilmember Saefke asked what part the City assessed.
Mr. Kosluchar said the City assessed the parcel based on the consideration it could be
developed at the end of the road. There could be a driveway permitted onto that property and
access onto that property through an easement agreement with the residential neighbor to the
east.
Councilmember Saefke asked what they used for footage.
Mr. Kosluchar said they took the end of street. They used an area benefit method. Sometimes
in cases like this, the land does not have the frontage but it would have some similar benefit to
frontages of other properties. They took the common properties on the west side and applied the
square footage amount onto that property.
Mayor Lund said he can eliminate some of the confusion. What they see is like a converted
driveway parking area that is the encroachment to the property owner to the immediate north.
He actually looked at this site today to try and figure it out. The property owner was out on the
street. He knows the gentleman, and he gave Mayor Lund a history of it. It is an encroachment
by the property owner. He said he told the property owner he should resolve the problem and
buy the property from the County where he has his driveway/parking lot. A lot of that area is
encroaching on the County's property. At some point when he wants to sell his property, he may
want to buy that. The owner said the County was amicable to that but made a suggestion that it
would be a lot of paperwork for them to do so. He assumed by the City's assessment that meant
the City did the asphalt. That improvement was made by the property owner.
Mayor Lund stated was wondering why the City should give them a deal and not assess them,
but he does not see where their property abuts the actual improved road. He was also wondering
why that whole area did not get a cul de sac because it probably makes it difficult for the City to
plow that street. He understands why the County should not be assessed. There is no benefit.
Mr. Kosluchar said if this was a private parcel and the parcel had access to the roadway, it
would actually be benefiting from the project. The improvement gets them to and from the
property. Whether it is developed or not is up to the disposition of the property owner and, as
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 17
Mayor Lund said, a cul de sac could be in the future there. That is why they included them in the
area of benefit.
Mayor Lund asked Mr. Kosluchar if he felt the County should still be assessed.
Mr. Kosluchar replied, his understanding is the land is park and cannot be developed.
Mayor Lund said the County has not done anything about the encroachment. They are not
pushing to correct that encroachment, although there is a stake there where they did some
surveying to delineate the true property line from the property owner and the County. The
County did make them move a shed that has existed according to the property owner for 25
years.
Councilmember Bolkcom asked if this should be treated any different than other park
encroachments.
Mayor Lund replied, no. He said that he does not see, though, where the County is actually
benefiting. There is no footage on the road. It does give them some accessibility but the County
is not doing anything with the property.
Councilmember Bolkcom said that is not the City's issue.
Mayor Lund stated he does not see the benefit especially when there is no footage adjacent to
the road.
Mr. Kosluchar stated there are five other Anoka County properties on that project and all of
those have been assessed and actually have all paid. So it is not a matter of whether it is an
Anoka County property or not.
Mayor Lund stated this one is not touching the road.
Councilmember Bolkcom said the County needs to correct that part themselves. It seems odd
that it is all totally done and now they are coming forward and saying they do not think they
should have to pay for that.
Mayor Lund stated he agreed.
Councilmember Bolkcom asked how the County found out about it.
Mayor Lund said they got the bill. He can see the County's reasons for asking it to be removed.
He asked Mr. Kosluchar if there was any discussion about any improvements on that road when
they were making improvements. In his presentation he said the County is working on
correcting this matter with the homeowner. That is contrary to what the homeowner told him.
Mr. Kosluchar stated it was his understanding that they were.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 18
Mayor Lund said he told the property owner that he should really push to rectify it now rather
than later. He would like the City to have some contact with them and make sure the two parties
get connected. He asked where the money would come from.
Mayor Lund asked where the money comes from.
Mr. Kosluchar stated the project is paid for out of various accounts. We basically reimburse the
street reserve fund. It would come out that street improvement fund.
MOTION by Councilmember Saefke to adopt Resolution No. 2010-16. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Receive Bids and Award Contract for the 2009 Street Improvement Project No.
ST2009-02.
James Kosluchar, Public Works Director, stated the 61st Avenue Mill and Overlay Project is the
rehabilitation project from Starlite Boulevard to Old Central on 61st Avenue and Moore Lake
Drive. This is the project that is partially funded by ARRA (American Recovery and
Reinvestment Act) stimulus funding. The workshops and hearing were held in the fall of 2009.
The original project budget was $463,000. Concrete work costs increased as MnDOT required
that adjacent pedestrian ramps meet ADA requirements, as this is a federally-funded project and
they were talking about the adjacent ramps to every corner along the resurfacing area. They also
have some additional work with street signs which are federally mandated for upgrade.
Mr. Kosluchar stated there was a bid letting on December 29, 2009. The City received seven
bids from $518,660.86 to $609,387.81. Northwest Asphalt of Shakopee, Minnesota, was the low
bidder and they have worked in Fridley previously on several projects including the 2004
neighborhood street reconstruction and resurfacings in 2005 and 2007. Since the City has held
the bid opening, it forwarded the results to MnDOT which has done reviews for concurrence due
to the federal dollars involved. Northwest Asphalt received their disadvantaged business
enterprise goal certification by MnDOT's civil rights office, and the civil rights office notified
the City of Fridley last week that it can award to Northwest Asphalt.
Mr. Kosluchar stated, looking at the bids received, staff did a reanalysis of special assessments
that are still in line for the project at approximately $1,400. The lowest asphalt price notably was
provided by Northwest Asphalt. Staff wanted to make sure it was not imbalanced and would not
create an issue with the assessment.
Mr. Kosluchar stated the project, if awarded, would require an additional State Aid contribution
of $78,800 for the added project elements they talked about before. Staff recommends the award
of this project. The ne�t steps would be for staff to continue to process paperwork required by
the delegated contract process with the various MnDOT offices, MnDOT establishes a
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 19
reimbursement with FHWA, the City holds a preconstruction meeting, citizen notifications
would come out, and construction would begin.
Councilmember Bolkcom stated the $78,800 of additional mandates by the federal government
to get the federal funds is unbelievable. The $1,400 assessment is for the property owners but
the commercial property is still being assessed at that high rate.
Mr. Kosluchar replied correct. They calculated both and reviewed both with the bids received,
and they are both in line with what they projected.
Mayor Lund stated it was estimated at $1,500 but usually those are a little on the high side.
Councilmember Bolkcom asked what was so special about the street signs. Does this mean that
all of the City's street signs are mandated to meet federal retro reflectivity standards by 2015?
Mr. Kosluchar replied correct. It is a federal requirement.
William Burns, City Manager, stated money is budgeted for those signs in this year's budget.
He asked why could the City not use that money rather than pull new MSAS money?
Mr. Kosluchar replied that is a possibility. The complication is staff has budgeted the program
to include our own workers so we are only paying for materials. In this case, we are bidding for
the purchase and installation of the signs. They could look at the possibility of a deduction off
the budgeted amount, therefore saving some of the MSAS dollars.
Dr. Burns asked whether it would complicate the contract with Northwest Asphalt.
Mayor Lund stated in any case with this added increase for the signage, it does not mean that
the residents who are going to be assessed will be paying for it.
Dr. Burns replied no.
Mr. Kosluchar said nor the curb ramping or the concrete berm.
MOTION by Councilmember Bolkcom to receive the bids and award the contract for the 2009
Street Improvement Project No. ST2009-02 to Northwest Asphalt, Inc., of Shakopee, Minnesota,
in the amount of $518,660.86. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12. Approve Joint Powers Agreement between the City of Fridley and the County of
Anoka for Roadway Improvements of CSAH 6(Mississippi Street NE and Rice
Creek Road NE) and County Road 106 (Mississippi Street NE).
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 20
Mr. Kosluchar stated in 2009, the City of Fridley requested that Anoka County accelerate the
resurfacing of Mississippi Street and Rice Creek Road. Anoka County agreed with the concept
and asked that a draft agreement be prepared. The City and Anoka County worked out this
agreement and, according to the attached Joint Powers Agreement, the estimated cost of roughly
$330,000 for the County's mill and overlay work would be reimbursed to the City. The City will
bid out the project with its 2010 street project, with the idea that there is economy to both
projects by doing so and increasing the quantity. In addition, the City of Fridley would be
reimbursed for contract administration costs of 8 percent for any construction.
Councilmember Bolkcom asked if the 8 percent for contract administration costs covers the
costs.
Mr. Kosluchar replied it probably more than covers the costs. Our contract administration costs
on this type of work are typically around 4 to 5 percent for this type of project.
Councilmember Bolkcom asked if there are overruns in their portion of this and change orders
are we still protected with the joint powers agreement.
Mr. Kosluchar replied yes.
Councilmember Bolkcom asked with this agreement if something should come up, he would
just go back to one of their engineers and have that change order approved.
Mr. Kosluchar replied on a material change, yes.
MOTION by Councilmember Barnette to approve the Joint Powers Agreement between the City
of Fridley and the County of Anoka for Roadway Improvements of CSAH 6(Mississippi Street
NE and Rice Creek Road NE) and County Road 106 (Mississippi Street NE). Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Approve Change Order No. 4 for 2008 Street Improvement Project No. ST2008-01.
Councilmember Bolkcom asked about boulevard branches and whether Public Works could
have taken care of that.
Mr. Kosluchar said he believes Public Works crews did the majority of the work. He is not sure
if this is related to stump removal or additional branches that needed to be removed after the fact
because of the utility relocations. The Public Works crew did some brushing and clearing there
to save some dollars for us.
Mayor Lund asked if the final estimate for Midwest Asphalt was for the same project.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 21
Mr. Kosluchar said it is included there. Usually that is delayed two weeks from when the
change order is approved.
Mr. Kosluchar stated this is the final change order on this project, and Midwest was very good
to work with on this project. They had a total of 2 percent change orders on this project and the
project final cost is 2.16 percent less than the actual contract cost. He thinks it is important to
note that both Midwest and staff worked together to maintain costs.
MOTION by Councilmember Bolkcom to approve Change Order No. 4 for 2008 Street
Improvement Project No. ST2008-01. Seconded by Councilmember Barnette.
4. Approve Joint and Cooperative Agreement for the Formation and Administration
of the Anoka-Hennepin Narcotics and Violent Crimes Task Force.
Councilmember Bolkcom said under Section 1 of the contract, it says this agreement for the
Task Force Operation shall be in effect from January 1, 2009. She asked why it was coming to
them now. She asked if Dr. Burns could get that answered for her.
Councilmember Bolkcom said in the agreement it says the Task Force shall lease up to one
vehicle for each officer, but the fuel, insurance, and maintenance costs all get billed to the City.
She asked how that worked.
William Burns, City Manager, said he does not know exactly how that process works. He does
know they spend about $5,500 a year towards the Task Force expenses.
Mayor Lund asked Councilmember Bolkcom whether she is asking if the City is paying for the
fuel here and using our mechanic or if we were paying for them to do it somewhere else.
Councilmember Bolkcom replied right. She thought leasing a vehicle for a year would be
costly.
Councilmember Saefke replied the Task Force itself is doing the leasing. The City is
responsible for routine maintenance, such as brakes and tires, fuel and oil changes, etc. If there
is anything major, the Task Force pays for the major repairs which should be covered under the
terms of the lease. As far as the timing of this, he thinks it was mentioned that Brooklyn Park
and Brooklyn Center no longer belong to it, but under the section on membership, they have
deleted those and added Columbia Heights so that might be part of the timing of this particular
agreement.
Dr. Burns stated those are the only changes as he understands it in a long-standing agreement
that has been around since 1996.
Councilmember Bolkcom stated but why is it not a whole new agreement saying that it is
starting from this date then if we are approving a new change.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 22
Mayor Lund stated he thought it would look better if they had something showing what is
existing and what is new.
Councilmember Bolkcom asked whether they passed something in January of 2009.
Dr. Burns replied they did not. It is his understanding that the last one was passed in 2001.
Councilmember Bolkcom said it has been in existence supposedly since January 1, 2009, and
we are just getting around to looking at it.
Mayor Lund stated he thinks all that really was needed was the information that highlighted the
actual changes.
Councilmember Bolkcom asked if most of the City's joint power agreements are approved or
renewed every year.
Dr. Burns said no, not every year. For example, we have the joint powers agreement for the fire
training site that we have not seen in five or six years.
Councilmember Bolkcom asked if they should be looking at them closer. She said they talked
about how this was so much clearer than the Hennepin County one. Then they see an agreement
that has been in existence since 2001. This agreement been in existence since January 2009 and
is over a year old.
Dr. Burns stated he will have to ask him why that is like that.
Councilmember Bolkcom said it seems a little after the fact.
Councilmember Barnette referred to the section of the agreement which talks about the
administration, and that the commander will be assisted by the sergeant assigned to the Task
Force by the Fridley Police. Has this been in existence since 2001?
Dr. Burns said that happened in 2009.
Councilmember Barnette stated he is 100 percent for this but asked if we currently had two
open positions on our police force unfilled. Somewhere we need to come up with some money
to fill those positions.
Dr. Burns stated we belong to two task forces--this local task force which is a county-centered
one and the Federal DEA Task Force. As they are looking at budget choices for 2011, he thinks
they are going to have to look at the DEA Task Force membership. He thinks this one is the
higher priority.
Councilmember Barnette asked but that is new that the sergeant will be from Fridley.
Dr. Burns replied correct. That person is running the day-to-day operations of the task force.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 23
Councilmember Saefke stated this is an example of many communities working together for
one purpose. Wherever it is possible, we do try to work together to accomplish a mission. No
individual city that belongs to this could afford to do that on its own and protect its citizens and
clean up its streets. However, working together we can. It still costs money, but it is a real
benefit to the local communities to have these able people to take care of this for us.
MOTION by Councilmember Bolkcom to approve the Joint and Cooperative Agreement for the
Formation and Administration of the Anoka-Hennepin Narcotics and Violent Crimes Task Force.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Report.
There were no informal status reports.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Saefke, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:14 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor