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02/14/2011 - 7528� � �ff1' 4F FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 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 763-572-3500. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Claims ............................................................................................................. 1 - 9 2. Licenses ....................................................................................................... 10 - 11 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 3. Consider Issuing a 3.2% Malt Liquor and Wine License to Naveen Shrestha of Shrestha Group, d/b/a Himalayan Restaurant II, Located at 765 — 53rd Avenue N. E. (Ward 1) ................................................................ 12 - 13 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 2 PUBLIC HEARINGS (CONTINUED): 4. Consider an Ordinance Declaring the North Half of Vacated 73'/ Avenue Excess and Authorizing the Sale Thereof (Ward 2) .......................................................................................................... 14 - 16 NEW BUSINESS: 5. Resolution Authorizing the City of Fridley to Enter into a Connectivity Services Agreement with Anoka County for Broadband Services and Authorizing the Mayor to Execute Said Agreement ......................................... 17 - 41 6. First Reading of an Ordinance Amending Chapter 205.23, Related to Purpose, District Boundaries, Permitted Uses, Accessory Uses, Existing Uses, Excluded Uses, Lot Width, Lot Coverage, Setbacks, and Refuse for Properties within the S-1, Hyde Park Neighborhood Zoning District (Text Amendment, TA #11-04, by ........................................... 42 - 48 the City of Fridley) 7. First Reading of an Ordinance Amending Chapter 205.24 of the Fridley Zoning Code Pertaining to S-2 Redevelopment District Regulations (Text Amendment, TA #11-02, by the City of Fridley) ........................................................................................... 49 - 52 8. First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to General Provisions and Fees (Land Use Fees) .............................................. 53 - 54 9. First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to General Provisions and Fees (Rental Housing Fees) ............................................................................................................... 55 - 56 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2011 PAGE 3 NEW BUSINESS: 10. Approve Change Order No. 1 from Northwest Asphalt, Inc., for 61 st Avenue Rehabilitation Project No. ST2009-02 11 and Approve Payment of Estimate No. 5 from Northwest Asphalt, Inc., in the Amount of $39,110.01 ............................................................. ......................................... 57 - 61 Informal Status Reports .................................................................................. 62 ADJOURN. � AGENDA ITEM � COUNCIL MEETING OF FEBRUARY 14, 2011 � �F CLAI MS FRIDLEY CLAIMS 149666 - 149754 PREPARED 02/10/2011, 10:30:iI A/P CHECKS BY PERIOD AN� YEAR PAGE 1 PROGRAM: GM350L CITY OF PRIALEY FROM 02/07/2011 TO 02/11/i011 61�K CODE 00 ------------------------ - `------------------------- - - -----__°°_ °------------------- CHECK CHECK CHECK TJ71T�' NUMBER VE[3DOR NAME VEN�OR # ' AMOUNT _""""""_........ ...._..'_""""'__'____________"__"______`_____________"_""_'__'_'______'_""""________ ACCOUNT # TRPf DATE DESCRIPTION INVOICE PO # PER/YEAR TF.�I AMOUNT q2/10/2Q11 149666 101-6440-425.43-32 02/16/2011 149667 101-0000-138.00-00 1Q1-6331-415.42-2D 1p1-9940-425.42-20 1Q1-0661-435.42-20 1Q1-0669-435.42-20 1Q1-9770-g55.42-20 27Q-0771°455.42-2D 02/10/2011 149668 101-0664-435.42-17 101-0666-435.42-17 6fl2-7000-415.4�-17 101-0668-435.42-17 &01-7000-415.A2-17 101-0669-435.42-17 02/10/2011 249669 101-0660-415.42-22 101-0669-435.42-22 101-0440-425.42-22 101-0550-425.42-22 270-0771-455.A2-22 601-7000°415.42-22 02/10/2011 IA9670 270-0771-455.42-21 270-0771-455.42-21 270-0000-2�3.OI-DO 02/10/2011 ].9:9671 101-0666-435.42-22 02/].0/2D11 14967� 101-0550-425.42-17 02/10/20ii 149673 101-0331-415.43-40 351-0000-475-43-40 02/10/20II 149674 101-0660-415.43-40 02/10/2012 149675 602-7000-915.42-22 02/10/201I 149676 101-0668-435.42-22 ANOKA COUNTY CENTRAL COMMUNICA 1005 02/04/2011 JAN WTRELESS SERVICE ANCHOR PAPER CO 1035 02/02/2011 COPIER PAPER 02/02/2011 COPIER PAPER 02/02/2011 � COPT�R PAPER 02/02/2011 COPIER PAPER 02/02/2011 C�PTER PAPER 02/02/2011 COPIBR PAPER 0.2/02/2011 COPIER P11P612 ARAMARIC i7PFTFORM SERVICES 1045 01/28/2011 iiNIFORMS PI/28/2011 LTNIFORMS 01/28/2011 UNIFORMS 01/28/2011 UNIFQRMS 01/28/2011 UNIFQRMS O1/28/2011 RUGS,MATTS APACHE GROUP OF MINNESOTA,INC 7.047 oa/oi/zoii �Ap�x exoDUC�rs 02/Ol/2011 PAPER PRODlSC'i5 02/07./2011 PAPER PRODUCTS 02/Ol/2011 PAPER PRODUCTS 02/O1/2011 PAPER PRODUCTS 02/Ol/2011 PAPER PRO]]L7CT5 ACORN NATURAL2ST$ 1058 Oi/28/2011 AMiMAL STAMPS O1/28/207.1 MN LiSE TAX EXPENSE 48.50 O1/28/2011 MN USE TA.X PAYABLE 48.60 ABLE HOSE & RT36SER 7.159 02/04/2011 ARM ASSX ASPEN MILLS INC 1161 02/D1/2011 � UNIFORMS ANOKA COUNTiX PROP RECORDS/TAX � 1233 02/02/2011 TRUTH IN TA}CATTON 20�0 02/02/20ZZ SPECIAL ASSESMENT 2010 FLCE SOLiD WASTE, INC 1241 02/6I/20II FEB REFUSE fiAIILiNG HATTET2T�S PLIIS 20Q4 Q2/04/2piZ BATTERIES BARTON SAND � GRAVEL CO 2005 67./17/20I1 - WASH SAND 2011105 1027263800 1027263800 1027253800 10272b3800 1027263800 10272fi3800 1027263800 13461001 13461002 13461003 13461004 13461005 13461006 127648 127648 127648 127648 127648 127648 260355A 260355A 260355A 2828213 205154,Z05149 82I7372 028328641 02/2011 02/207.3. 02/2011 02/2011 02/20i1 02/2011 02/20i1 02/2011 02/20i1 02/20i1 02/2011 02/2011 02/2011 02/2011 02/2011 02/2011 02/2011 02/2017 02/2011 02/2011 02/2611 62/2p17. 02/267.1 62/2Q7.1 02/2011 13/2010 13/2010 02/2071 02/2011 62/2011 PREPARED 62/10/2011, 10:30�11 A/P CHECKS BY pERIQp AND YEAR PAGE 2 PROGRAM: GM350L CTTY DH FRIDLEX FROM 02/07/2011 TO 02/11/2011 BANK CO➢E 00 - ------------------°°__ ----_°__°------------------------------------------°----------- CHECK CHECK CHECK �� �ATE NUMBER VEFTDOR NAME VEIVA�R # AMOVNT __......---------------------°°__---------------------------------------------------------°°___----------------__°-'_____--------------- ACCOUNT # TRN DATE LESCRTPTT6A7 T1+FVOICE PD #k PER/YEAR TRN AMOL7NT 02/10/2011 149677 227-0000-415.43-AO 92/10/2011 Z49678 101-0440-425.43-40 02/10/2011 149679 101-0668-A35.43-40 02/10/2011 249680 601-7000-415.A3-4I 601-7000-415.42-22 02J10/�011 149681 101-0000-149_00-00 02/10/2011 149682 270-0771-455.42-21 D2/10/2011 149683 101-0669-435.43-40 02/10/201I 1.49684 101-0666-435.42-22 02/1D/2011 149685 705-0000-4i5.42-21 101-0333-4i5.42-21 02/10/201Y Z49686 101-100D-41S_43-37 02/10/2011 149657 101-p22�-4I.5.43-30 02/10/2011 I49688 101-0770-455.42-21 02/10/2021 149689 101-0669-435.42-22 02/1D/20�� 149690 601-6000-415.43-35 601-6000-415.43-35 fiD1-5ppp-4J5.43-32 602-6000-415.43-32 602-6000-415.43-32 601-6ppp-415.43-32 02J10/20I2 149691 101-0440-425.42-29 CITY OF BLAINE 2058 02/02/2011 JLEC AU�'O THFT OVERTIME BRIGHT4N VETERINARY HOSPITAL 2138 02/02/2011 - SEPT-DEC ANIMAL CONTROL CIiSHMAN NeOTOR CO INC 3050 01/25/2011 TRA1VSMZSSION #740 CULLIGAN � 3067 O1/31/2021 ,7AN RENTAL FEE 61/31/2011 SALT CATC4 PARTS SERVICE INC 3124 01/25/2011 SOLEMOID CUB FOODS ENC - 33.27 02/03/2021 VOL DTNNER SUPPLIES COMO LUB,E & SUPPL265 E1VC 3129 O1/27/201I HAZ WASTE bISPOSAL CONTINENTAL RESEARCH CORP 3159 02/03/201I CLEANING S'UPPLiES C.P.W. GOVERNMENT, INC 3163 O1/24/20I1 POE SWITCIi HP O1/24/2011 MULTI MEIIiA PLA'.F RICK CRESTIK 3165 02/04/20II SCHL REIMB PALI, 2020 C.H.E.S.S.-COM2LETE HEALTft,SNV 3289 O1/3I/2011 PAPER SCAN SAFETY INVESTG CHRIS�AND ROBS 3290 02/69/2011 TE6N DANCE-PIZZA DALCO 4078 02/03/2011 RESTROOM SVPPLIES DATA RECOGNITION CORPORATiON-➢ 4124 01/3I/2011 JAN STATEMEATTS 01/27/207.1 METER CARDS O1/i7/2011 P45TAGE O1/27/2011 POSTAGE 07./27/2p11 POSTAGE O1/27/2011 P4S'FAGE EME72GENCY AUTqMOTIVE TECHNOLOG 5073 O1/24/2011 WINDOW GUARI7 P�545 152620 100X03412207 100X03412207 176154 502329 346959CRC1 Y7PP1269 WFP1269 II-1107 1107029 2297177 73557 73540 206�P.N10 206SAN10 208JAN11 zoa�arr�� JC0114113 02/2011 13/2010 02/2011 02/2011 02/2017 02/2011 02/2011 02/2011 02/2011 D2/2011 02/2011 13/2010 02/2011 02/2011 02/2011 02/2011 02/20J7. 02/201I 02/2011 02/2011 02/2011 02/20Ii 2,144.00 2,144.00 6,000.00 6,OOO.QQ 7,036.64 7,038.64 688.15 126.45 561-70 97.10 97.10 107.42 107.42 58.89 58.89 464.91 464.91 569.55 465.47 124.08 532.11 532.11 300.00 300.00 149.45 149.45 i60.30 160.30 3,005.71 827.60 934.72 329.98 264.99 249.47 498.95 I73.57 y�s.s� PREPARED 02/10/20Ii, 10:30:11 A/P CAECKS BY�PERIDD AN� YEAR PAGE 3 PROGRAM: GM350L CTTY 0� FRTDLEY FROM Q2/07/2011 TO 02/11/20Ii BANK CO�E 00 ----------------------------------------------------------------------------°__ °°_--------------- CHECK CHECK CHECK �ATE NUMBER- VENDDR NAM� VENDOR # AMOUNT ..'__""""'_'_""""'__ """""""""'___° ___°____""""'_' ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT 02/10/20ZZ 149692 101-0440-425.42-21 101-0770-455.42-21 02/10/202I 149693 101-0000-144.00-00 101-0000-143.00-DD 02/1D/2011 149694 107.-0440-A25.42-22 02/10/2021 349695 101-0660-415.42-17 270-077I-955.42-17 02/10/2011 149696 601-7000-415.42-22 02/10/201i 149697 101-0770-455.43-4D 02/1D/2011 149696 101-0770-455.43-50 101-0770-455.43-40 101-0770-455.43-40 101-0770-455.43-32 7.01-0770-455.43-32 101-D770-455.43-32 02/10/20II 149699 601-7000-47.5-43-40 02/10/2011 149700 602-7000-4I5.42-25 02/10/2011 149701 101-0550-425.42-22 02/10/2011 149702 101-0440-425.42-22 02/10/2011 149703 101-0000-144.00-00 02/10/2011 1A9704 704-0000-415.43-30 02/10/2011 149705 101-0000-136.00-00 CITY OP ERIDLEY 6023 02/09/2011 12�'GTSTER iINDRCVR VEHICLE 62��9�20I1 WIA1T$RFEST SUPPT�26S GENIIENE PARTS CO/NAPA 7019 01/31/2011 PARTS 01/3z/2Q11 CORE REFUND GLOCK, IATC 7043 62/02/2011 GLOCK PARTS G b K SERVTCES 7100 01/3I/2011 RUGS,MATTS, TOWELS 61/32/201�. RUGS,1+7A7.'TS fiENRY'S WATERWORKS, INC 8148 62/0i/2011 SAN�PIPE REPAIR PARTS HASTTSA'GS Hl75KiES & HORSES RAPTC 8158 02/08/20i1 DOG SLED FINAL PMT INDEPEND£NT SCHOOL 1JIST. #14 9006 02/02/2011 FACILITY LTSAGE D2/OI/2011 SEC ALA12M 62/02/2011 AIR/ELEVATOR INSPECTI014 62/OI/2011 PHONE SERV 62/OI/2011 PHONE SERV 02/OI/2011 PHONE SERV iNSTRUMENTAis RESEARCH, INC 9036 02/02/2011 WATER TESTING INFRATECH INC 9�51 Q1/25/2011 GAS FOR SPERIAIV MONITDRS KLIER'S NURSERY 11Q99 42/04/201.7. SAW PARTS L-3 COMMI7NICATIONS MOBILE �1'ZST 12616 Q2/03/2011 ANTENNA LANO EQL32PMENT IFTC 12664 61/28/201.J. � WIPER ARM LEAGIIE OP MN CTTT�S INS TRUST 12082 Q2/01/20i1 WORKCMB DEDUCTIBLE LEAGUS OF MN CITIES INS TRUST 12082 01/30/2011 2011 VOLUNTEER INS 587342 14790 3872 3872 3872 3872 3872 3872 5979 2Z00025 4130088 OZ67310IN 192958 19597 02/2011 oz/zoii 02/2011 02/2011 D2/207.1 02/2011 02/2011 02/2011 02/2011 02/2017. 02/2011 02/2011 02/2011 02/2011 02/2011 02/207.1 02/2011 02/2011 02/2011 fl2/2011 02/2011 02/2077 PREPARED 02/10/2011, 10:3D:11 A/P CHECKS BY PERIOD AATD YEAR PAGE 4 PROGRAM: GM3SOL CITY OF FRIDLEY FROM 02/07/2011 TO 02/11/2011 BANK CODE 00 -------------------- _______------- -------- ________ CHECK CHECx CHECK � fJATk N'UMBER VENDOR NAME VENDOR # AMOI]NT """""_' ""'_"_________ _--..-____"'_"_ """"__..____________________'__'___"" ACCOL7NT # TRN T?ATE DESCRIPTEON INVOICE PO # F�R/YEAR TRN RMOUNT 02/1OJ201Z 1A9706 101-0440-425.43-40 02/1D/2011 199707 101-0000-241.00-00 02/10/20i1 1A9708 602-7000-4I5.43-38 02/10/2023. I49709 60Z-7000-415.43-37 02/10/2011 149710 101-0440-425.43-35 02/10/2011 149711 10I-0000-138.00-00 10I-0440-425.43-35 201-0669-435.43-35 I01-0331-415.43-35 02/20/20�.3 149712 10I-0000-205.00-00 02/20/20i1 149713 101-0333.-415.43-31 i36-0000-415.43-31 02/IO/2013. 149714 Z�Z-0770-455-43-40 ZO1-0770-455.43-35 270-0771°455.43-40 I01-0440-425.43-4D D2/1p/2017. 149715 601-7000-415.42-22 201-0550-425.42-25 02/10%2011 149716 602-7000-415.43-46 02/10/2011 149717 101-0660-A15.A3-AO 02/10/207.1 149716 601-7000-415.42-ZZ 02/10/2011 149719 I01-0666-435.42-22 LEXTSNEXIS RiSK BATA MANGEMENT 12116 01/31/2011 JAN II9ER PEES LUBRICATTON TECHNOLOGiES, INC 12162 01/25/2D11 FUEL METROPOLTTAN COUNCIL 13020 02/02/2011 MARCH WASTEWATER SERV MiNN POLLi3TFON CONTROL AGENCY- 13071 02/02/2012 .WASTEWATER CERT RENEWAL MINN COi3NTY ATTORNEYS ASS6C 131Q6 02/07/201I SEIZURE/FqRFEIT NOTICES hiETRO SAL65 INC 13135 O1/2A/2011 COPIER Li6AGE FEES O1/24/2021 COPIER USAGE FEES 01/24/203.I COPIER LTSAGE FEES O1/24/20I2 COPTER USAGE FEES MINN DEPT OF LABOR & INDCTSTRY 13150 O1/24/2011 SAN 617RCHARGE R�MA.INING MTNNESOTA G.F.O.A.� 13191 02/Oi/2011 MEMBERSHIP RENEWALS D2�02�201I MEMBER3HIP-KTERNAN MARCO . 13233 O1/04/2011 MI-1INTENANCE O1/OA/207.1 USAGE O1/04�/201J. MAINTENANCE CONTRACT 01/30/2011 D"SiR REPAIRS MENARDS - FRIDLEY � 13256 02/02/2011 BLACK PIPES p2%07/207.7. .7UMP STARTER MR ROOTER 13428 02/09/2011 SEWER REPAIRS/SPC ASSESMT MINN WILD ANIMAL MFtiNAGEMENT 13429 02/09/2011 SQUIRREL REMOVAL SERV CI7.'X �P NEW BRIGHTON 14067 9i/02/2011 WATER Ci�I�MICALS NORTHERN TOOT, & EQUIP 14094 01/26/2P11 SNOW PLDW LIGHT TiTT 242689020110131 2865771,1865770 952575 18099540 394726 394726 394726 394726 108800�3055 2p11 2011 INV649ZZ7 SNV6492i7 651719,650113 666567 926i4 94102 75315 4041p92396 62/�011 02/2611 02/2011 02/2017 02/2011 02/2011 02/2011 02/2011 02/2011 92/2411 02/2f711 02/2011 02/2011 02/2011 02/2011 02/2011 02/2011 02/2011 02/20J7 02/2011 02/2011 02/2011 PREPARED 02/IO/2011, 10:3Q:11 A/P CHECKS BY PERIOD AND YEAR PAGE 5 PRDGRAM: GM350L CITY OF FRIDLEY FRpM 02/07/2011 TO 02/II/20I1 BANK CO�E 00 --------____°-----------------°------------------------- --- -------------- ____---------- CHECK CHECK � CHECK ➢ATE NiJMBER VEN�OR NAME VENOOR # AMOUNT -------------- °-__------------ ----'------__°°_° __-_°_-----'-------------------------__°°_--- ACCOUNT # TR�E �ATE DESCRSPTION INVQICE PO � PER/YEAR TRN AMOUN'I' 02/10/2011 149720 101-0770-455.A2-21 101-Q776-455.42-21 02/i0/2011 1A9721 101-055Q-425.43-30 02/10/2Q7.1 149722 101-0220-415.42-20 101-0331-415.42-20 101-0334-415.A2-20 101-04A0-425.42-20 101-0661-435.42-20 602-7600-415.42-21 101-077Q°455.42-20 270-D77�-455.92-20 227-Q000-415.42-21 225-0009-415.42-20 1Q1-0779-955.42-21 Q2/10/2011 149723 161-0&&0-415.43-40 02/1p/201}� 149724 101-1000-415.43-30 62/10/2011 14R725 101-0770-455.A2-21 02/1Of2011 J.Q9726 101-0664-435.45-40 02/10/2911 149727 1a7.-OA40-425.43-32 &f71-7000-415.43-32 191-0669-435.43-32 101-OS50-425.43-32 2R0-0771-455.43-32 101-0333-415.43-32 02/10/2011 149728 101-011D-415.43-32 101-0220-415.43-32 101-0221-415.A3-32 101-0331-415.43-32 101-0332-415.43-32 101-0333-415.43-32 101-0334-415.43-32 ].01-0440-425.43-32 NEW PAPER, LLC J.4158 O1/25/2017. WINTERFEST SUPPLIES O1/25/2011 AFTEi2SCHL StJPPL2ES NORTf3WOBK$ OCCUPA'Z'IO].VAL HEALTH 14163 O1/31/2011 FIREFTR PHYSECAL ERAMS OPFICE �EPOT INC 15004 O1/31/2011 OFFSCE SUPPLEES 01/37./2011 OFFICE SUPPLIES 01/31/2011 OFFICE SLSPPLIES 02/31/2011 OFFICE SUPPLZES OI/31/2011 OFFICE SUPPLIES 02/31/2011 pVD-TELEVISING OZ/31/2011 OFFICE SUPPLIES O1/31/2011 OFFICE SUPPLIES Oi/31/2011 SCTPPLIES 01/31/2011 OFFICE SUPPLIES OI/31/2011 SUPPLIES OLSON'S PLUMBING CO �SOp9 02/07/2011 JJRIAN CLEANING OPTUMHEALTH FINANCIAL SERVICES 15015 O1/31/2011 JFSi FLEX/HRA PLYMOUTH PLAYHOUSE 16132 02/08/2011 AAMISSIONS PUMP.& MSTER SERVICE I6177 Ol/31J2�11 HOIST INSTALi, FINAL QWEST � 17009 oz/oi/zo�a Pxo�� s�x� 02/01/2011 BFIDIVE SERV 02/01/20iI PHONE SERV � oz/oi/aoaa. PxoH� se�zv 02/D1/20I1 PFIONE SERV 02/01/2012 PHONE SERV qw�sx i�oa9 02/O1/202i . PHDAiE SERV 02/O1/2012 PHOME 56RV 02/01/2021 PHDISE SERV 02/O1/2011 PHONE S6RV 02/O1/20II PHONE SERV 02/D1/2pI�. PHONE SERV 02/O1/201I PHONE SERV 02/01/2011 PHONE SERV 3478 1389092 1369692 1369092 1389092 1389092 1369092 1389092 7.369092 1389092 1369Q92 1369692 131684 2105093J 612E830233 612Z610548 612Z010545 612Z010545 612E1273&1 7635742480 612Z010553 612Z010553 612Z010553 612Z010553 612Z010553 512Z07.0553 61iZ010553 612Z910553 02/2021 02/20II 02/2011 02/2011 02/201I 02/2011 02/20I1 02/2P11 02/2011 02/2011 02/20I1 02/2011 02/2011 02/2011 02/2011 02/2011 02/2p7.7. 73/2010 02/2011 02/20J7 02/2011 oz/zaii 02/2011 02/2011 02/2011 02/2011 02/2011 02/2011 02/2p11 02/2011 02/2011 02f201I 56.83 Z7.91 28.92 866.00 866.00 i,143.74 302.42 342_78 35.19 zas.za 93.84 56.20 24.29 22.17 20.03 35.07 7.48 256.00 256.00 479.56 479.56 360.00 360.00 25.719.57 25,719.57 T.120.33 113.89 I60.88 ii�.ai 304.05 385.69 38.81 i,o�y.ss 7.69 19.23 I1.5A 46-IS II.54 34.60 �.z.s� 373.01 PREPAR�D 02/10/2611, �p:30:I1 A/P CHECKS BY PERIOD AND XEAR PAGE 6 PRbGRAM: GM350L . CYTY OP ERIDLEY FROM 02/07/2011 TO 02/11/2Q11 BANK CODE 00 °_°_--------- --------__°__ --------------------------------- °°----- CHECK CHECK CHECK DATE Ni,TMBER VENDOR NAME � VENDOR # AMOiINT _ ......_'_"""'_ """""_.._________________""""_'_ ""_""..__ ______'_"' ___"_____ ACCOUNT # TRN TJATE DESCRIPTIQN I1�FVOICE PO # PER/YEAR TRN AMpUNT --------°__ --------------- ---------_° __°°-------- -------__°°__ °_-'------------ 101-p441-925.43-32 02/O1/2D11 PHONE SERV 612Z010553 ❑2/2011 38.45 101-0550-425.43-32 02/Q1/2611 PHONE SERV 612Z010553 02/2033 - 61.53 161-4551-425.43-32 02/p7./2011 PHONE SERV 612Z010553 02/2013 7.69 7.01-fl560-47.5.43-32 02/01/2fl11 PHONE SERV 612Z010553 02/2011 126.90 � 101-0561-435.43-32 02/61/2011 PH6NE SERV 612Z010553 02/2011 34.61 1f71-0669-435.43-32 02/01/2p11 PHONE SERV 612Z01p553 02/2011 49.99 101-0880-465.43-32 02/O1/2011 PHONE SERV 612Z010553 02/2011 i6.92 101-0881-465.43-32 02/O1/2011 PHpNE SERV 612Z010553 02/2011 34.61 101-0770-455.43-32 02/O1/2011 PHONE SERV 612Z010553 02/2011 42.3D 101-077D-455.43-32 02/O1/2011 PHONE SERV 612Z010553 O2/2011 3.85 270-0771-455.43-32 . 02/01/2011 I?HONE SERV 612ZO1D553 02/2D11 19.23 601-6000-415.43-32 02/O1/207.1 PHONE SERV 6I.2Z010553 02/2011 7.68 601-7000-415.43-32 02/O1/2011 PHDNE SERV 6I2Z010553 02/2611 7.69 225-0000-415.43-32 02/O1/2011 PAONE SERV 622Z010553 02/2Q11 7.69 227-0000-k15.43-32 02/01/2017. PHONE SERV 6I2Z020553 Q2/2011 11.54 237-D000-4A5.43-32 02/O1/2011 PHDN'��SERV 5I2ZOI0553 02/2011 7.69 236-0000-4Z5.43-32 02/01/2011 FHONE SERV 6122010553 Q2/2011 7.69 02/1D/20I7. 149729 RHODE'S LOCK & GLA55 16069 101-0441-425.42-21 02/09/2011 PADLOCK KEYS 02J10/202i I49730 RIVERSiDE AUTO WASH iNC 1801A 101-0770-455.43-40 O1/32/20iI VEHICLE WASiiES 7.01-0881-465.43-40 61/31/2022 VEHICI,E WASiiES 10I-0440-425.43-AO 61/3I/2011 SQIIAD WASHES 02/5.0/20y1 149737. S& T OFFICE PRODUCTS 19039 7.OI-0440-425.42-20 01/31/2021 OFFICE SUPPLIES ZOI-0881-465.42-20 01/3�/2011 OFFICE SUPPLIES 02/10/2011 149732 201°�440-425.42-17 I01-0440-425.A2-17 101-0440-42$-42-22 101°0440-4Z5-42-17 i01-0440-425.42-17 101-0440-425.42-17 101-0440-425.42-17 1p1-0440-425.42-17 101-0440-425.42-17 101-OhA0-A25.42-21 10J.-0440-425.42-17 101-0440-425.42-17 101-0440-425-42-17 7.07.-0441-425.92-17 1D1-6AA0-425.92-17 101-Q44Q-425.42-17 S77REI CHER' S 01/19/2011 02/01/2011 OJ./26/2011 O1/10/20i3 02/02/20i1 01/33./2011 O1/31/20i1 O1/28/2011 O1/26/2017. 07./25/2011 O1/20/2011 O1/20/2011 oi/zo/aoii O1/22/2011 01/13/207.7. O1/13/i011 19050 i]NIFORMS tIN I FORMS REPAI72 PARTS U1�FIFORMS UNIFORMS UNIFORMS UNIF0S2MS CTN'7 FORMS UNIFORMS MAG HOLDERS [INIFORMS UNIFORMS UNIFORMS IINIFORMS TTNIFORMS UNIFDRMS 340 140 140 805884,805$4$ 809449,809419 807852 802999 809701 BD9075 606965 8D6622 BQ7650 867627 806191 804294 80644D,953,409 808319,BQ6756 aa4is4 809419,609449 02/291J. 02/2011 02/2011 02/2011 02/2011 oz/zoii 02/2011 02/2011 02/2011 02/2011 02/2011 02/2011 D2/2011 02/2022 02J202I 02/2021 02/20II 02/20I}. 02/20IJ 02/20I1 02/2011 02/2011 02/10/2D11 1A9733 STPSf➢ARD INSlTRANCE COMPANY 19063 1Q1-OOQQ-219.12-00 02/O1/2611 FEB PREF�FIi3M5 � 6A3996 02/2011 12.85 12.65 190.14 17.24 5.06 167.84 84.72 52.57 3z.as 3,944.73 11.94 170.97 11.61 49.98 21.35 72.00 1,359.99 111.00 22.q4 118.63 36.00 �a.00 258.57 91.29 1,359.99 170.97 4,954.70 2,574.52 PRE9ARED 02/10/2011, 10:30:11 A/P CHECKS BY PERIOD PsFD YEAR � PAGE. 7 PROGRAM: GM350L CTTY OF FRI➢LEY � FROM 02/07/2011 TO 62/11/2011 BANK CQDE 00 _°------------------- ------------__-°_ --°----------------'-----------°- CHECK CHECK � CHECK DATE NCJMBER VEN➢OR NAME VEN[]OR # AMOUNT _"_""""__.._ ____"""""""_______________"'____'_'__.._.. ___"""__ """' ACCOtTNT # TRN DAT$ � DESCRIPTION INVOICE PO # PER/YEAR TiZA7 AMOUNT -__°_°_----------- ---------------- _°°_---------------------------------°_ ____ 236-OD00-219.12-00 02/�1/2011 FEB PREMIUMS 643900 02/2011 42.75 101-0000-219.23-00 02/01/2p11 FE6 PREMIi1M5 643900 02/2011 2,322.3I 236-fl000-219.23-00 p2/p1/2011 FEB PREMIUMS 64390D . 02/2011 15.12 02/1D/2011 i49734 SLTBURBAN RA'tE At7THORITY 19070 1,200.00 101-0220-415.43-3I 02/09/207.7. - 7.st HLF MEM$ER ASSESSNAIT p2/Zp11 1,200.00 02/lp/207.1 i49735 GINNY SKYY 19118 377.35 101-1000-425_43-37 02/09/2011 SCHL REEMB SPRTPIG 2011 I-CHEM206101 62/2611 377.35 02/10/20Zi 149736 S3' JOSEPH EQUIPMEATT iNC I9157 87.24 101-ODp0-].44.00-00 02/02/201I �LOADER PARTS S�I84230 02/2611 87.24 02/10/2011 149737 9CHNIIT TOWING, INC 19202 705.43 101-0440-425.43-40 02/08/201i 4TH 4RT FORFETTURE TOWS 13/201Q 705.43 62/10/201i 149738 9TIMEY ELECTRIC 19255 81�..66 101-0660-415.43-40 02/08/20iI LSGtiTING REPA3RS 1700,I701 02/2011 811.66 02/10/2011 149739- STERICYCLE 1g323 276.87 101-0440-A25.A3-40 02/0�1/2011 B20-HAZ MAT REMOVAL 4002318244 02/2011 � 276.87 02/1D/20J.7. ].49740 SUN NEWSPAPERS 19325 J.63.36 101-0334-415.43-34 02/03/2021 � LEGAL N�TIEC-LIQUOR LIC 1299938 02/24J.1 32.18 101-0440-425.43-34 02/03/2011 LEGAL NOTI.�C-ORD 1274 1299939 02/2q11 8g.10 603-7000-415.43-34 02/03/201J. LEGAL N4TIEC-SWPPP 129994� 02/2011 42.08 02/10/2011 149741 STOP TECH,LTD � 19351 34.25 101-0440-425.42-21 02/03/2011 CORD REEL 37346 02/20�.7, 34.25 02/10/2011 ].49742 TAIITGES, REDPATH & CO LTD 200i0 5,$B5.19 601-6000-415.43-30 Q1/31/2011 2010 AU]JIT COSTS 1107143 02/2017. 411.96 602-6000-415.43-3Q 01/32/2011 2010 AUDiT COSTS 1107143 02/2011 294.26 603-6000-415.43-30 61/3I/2011 2010 A171�iT COSTS ii07143 02/2011 1i7.70 609-9100�415.43-3a 01/31/2013 2010 Al]DIT COSTS 1i07143 02/2011 235.41 609-9206-415.43-3D 01/31/2011 2010 ALIDIT COSTS 1107143 02/2011 i76.56 703--0000-415.43-30 01/31/2011 2010 At3DiT COSTS 3107143 02/2011 235.41 10i-033i-415.43-36 O1/31/2011 207.0 ALiDIT CDSTS i3071A3 02/201�, 4,413.69 02/Ip/207.7. 149743 TERRY OVERACKER PLUMSING 20029 � 720.Off i01-O880-465.43-46 91/31/201i PLi7MBING TNSPECTFONS 3i350,31351 02/2011 720.00 02/10/2011 7.A97A4 TOSii2SA HUSINESS SOLUTIOISS 20060 � 17_�p 201-0669-435.43-35 02/02/20i1 COPIER USAGE 6032483 02/2011 17.70 02/20/2011 149745 TOUSLEY FORD, INC 20101 3,911.49 7.07.-0000--144.60-6Q O1/31/2011 PARTS 02/207.1 1,785.06 101-0440-425.43-AO 01/31/2013. ELECTRiCAL REPAIR #323 02/2011 425.00 704-0000-415.43-40 O1/31/2011 ACCI➢ENT REPAIRS #366 - 02/2011 1,701.43 02/IO/2p17. 149746 UI3ITEB PARCEL SERVICE 21025 � 23.90 I01-OSSD-425.A3-A9 O1/29/207.1 DELIVERY SERV YW2291052 02/2011 23.90 PREPARED 02/10/20iI, 10:30:11 A/P CHECKS BY PERIOD AAfA YEAR PAGE 8 PRDGRAM: GM350L CTTY OP FRIDLEY FROM Q2/07/2p11 T6 02/11/2011 BPSTK CODE pQ -----__ °------------------- __----- ----_°_-------°---- CHECK CHECK � ----- ----------------` CHECK DATE N-EIMBER VENDOR NAME VHLV�OR # AMOUNT __"'_ """__________.,.,_"" ""_'_____________" ""'__ ..__"' ""_`_____..""" '_'__.._ ACCOUNT # TRN �ATE pESCRIPTION � IN'VOICE PO # PER/YEAR TRN AMOU�FT 02/16/2911 149747 141-1fl00-A1S.43-30 02/10/2011 149748 101-0661-435.42-17 02/10/2011 149749 603-6000-415_43-30 D2/10/2017. 149750 60I-7000-415.43-40 02/3.0/2011 149751 101-0669-435.43-40 02/10/2011 149752 ioi-000a-zao.00-oo 02/10/2011 149753 ioi-0000-2aa.ao-oo 02/10/2611 149754 601-0000-245.00-00 U.S. BANIC TRUST N.A. 21038 D1/25/2011 VE6A FEE STATEMENT VEKING INDUSTR2AL CENTER . 22011 02/03/2011 SAFETY SACKET W.S.B. & ASSOCIATES TNC 23012 12�}J,�2020 � DEC SE$V-45TH AVE WATER CpNSERVATiON SERVICE, IN 23059 02/04/2011 L�AK LOCATE YALE MECH.AATiCAL INC 25003 O1/31/2013. AIR EXCHANGE REPAIRS EZ CASH LLC 99998 02/02/2011 TEMp SIGN PERMiT DEPOSIT FPSFTASTIC SAMS 49998 02J02/2611 TEMP SIGN PERMIT DEPOSiT HARSTAD, GLEN & KIRSTEN 99999 02/03/2011 UB REFUtiD-DOLT6LE PMT 67691A2 263220 5 2320 116476 DEFOSIT REFUND DE$OSIT REFUND 02/2011 02/2611 13/ZO10 02/2011 02/2011 oa/zo�z 02/20II 162845-510490 02/2011 DATE RAbSGE TOTAL * 375.D0 375.00 SS.00 55.00 96.00 96.00 215.30 215.30 742.58 7A2.58 200.00 2D0.00 20D.00 200.00 121.54 121.54 4I8,I43.90 * � AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 14, 2011 ��F LICENSES FRIDLEY TYPE (�F LICENSE: ' APPLICANT: ' ' APPRQ�ED BY: LAWFLJL GAMBLING PERMIT HAYES ELEMENTARY City Clerk (request to waive City Fee) SCHOOL — RAFFLE' S FOR Public Safety SCHOOL CARNIVAL HEL APRIL 9, 2011 JAIME LYNN OLVERA — CARNIVAL CHAIR � AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 14, 2011 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Castle Home Services Inc Commercial or Marty Schirber Ron Julkowski, CBO S ecialt Greenstone Associates Commercial or John Harriss Ron Julkowski, CBO S ecialt Heatin & Coolin Solutions Inc Heatin Brian R chl Ron Julkowski, CBO Sever Construction Co Commercial or Matt Sever Ron Julkowski, CBO S ecialt Si nminds Inc Si n Erector Shell Rees Ron Julkowski, CBO � � �ff1' 4F FRIDLEY To From Date: AGENDA ITEM CITY COUNCIL MEETING OF February 14, 2011 William W. Burns, City Manager Darin R. Nelson, Finance Director Debra A. Skogen, City Clerk February 9, 2011 Re: Public Hearing for 3.2% Malt Liquor and Wine License Applications for Naveen Shrestha, President, Shrestha Group Inc dba Himalayan Restaurant II , located at 765 53rd Avenue NE, Fridley, MN Naveen Shrestha has applied for a 3.2% malt liquor license and a wine license to operate a business known as Shrestha Group Inc., dba Himalayan Restaurant II, located at 765 53rd Avenue NE. Section 603.07 of the Fridley City Code requires a public hearing be held to consider the approval of an on-sale intoxicating liquor license. The City Code also requires that the license can not be approved during the same meeting. The Notice of Public Hearing, Attachment A, was published in the Fridley Sun Focus on February 3, 2011 with the ten day advance notice requirement. The Police Department has conducted a background investigation and has found no reason to deny the application at this time. Mr. Shrestha has no criminal history or character issues which would make him ineligible to hold the license. A wine license requires a minimum seating capacity of 50 persons. The Himalayan Restaurant II has a seating capacity for 96 persons. Staff recommends holding a public hearing for an intoxicating liquor license. CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL (Legal Notice) Notice is hereby given that the Fridley City Council will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on Monday, February 14, 2011, at 7:30 p.m. on the question of issuing an on-sale 3.2% Malt Liquor and Wine License to Naveen Shrestha of Shrestha Group Inc dba Himalayan Restaurant II located at 765 53rd Avenue NE, Fridley, Minnesota (Formerly India House). Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than February 9, 2011. Anyone having an interest in this matter should make their interest known at this public hearing. /s/ Debra A. Skogen, City Clerk Published: February 3, 2011 in the Fridley Sun Focus � � �ffY �F FF�IaLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 14, 2011 February 9, 2011 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Public Hearing of an Ordinance Declaring the North %z of Vacated 73 %z Avenue Excess and Authorizing Sale Thereof BACKGROUND The Council will recall that in November of 2010, Ashland Oil, owner of the former Valvoline at 7315 Hwy 65 received approval for the vacation of a portion of 73 %z Avenue, just north of their site. Ashland is in the process of selling that property to Mr. and Mrs. Jim Uthe. In mid-December staff received a request from Mr. and Mrs. Uthe, requesting the ability to purchase the north %z of the vacated 73 %z Avenue that reverted to the City when the street was vacated. The Uthe's have determined that by acquiring this additional land, they'll have the adequate room they need to install a hard surface driveway, with a few parking stalls, curb and the code required screening and landscaping needed for their business. The Uthe's operate a specialty clothing supplier, whose focus is primarily in industrial grade work, western, biker, and law enforcement footwear and apparel. As part of their business, they have two trucks that are used as class and product showrooms. The vehicles travel to regional work places to serve as a showroom for potential clients. 73R(a AVE/UUE NC}�7TH�1 When not on a job site, the trucks will be parked on the subject property. While on site, they will be backed up to the north side of the building and will be accessible from within the store to serve as further showroom space and to store goods. City staff has determined that this vacated right-of-way could be sold to a private party as long as all the utility easements are retained. The Uthe's are aware of this condition and are agreeable to it. City staff is waiting for the Uthe's to provide some additional information and the $1,500 public hearing process fee and then we will begin working with the City Attorney to develop a purchase agreement. The Uthe's have agreed to a selling price of the property of $7,362.70, which is $2/sq. ft., which Mary Smith; City's Assessor, determined was a fair amount for the City to sell our portion of the vacated street. The Uthe's also understand that they will be in charge of all fees associated with the preparation of the purchase agreement, closing costs, and filing fees related to the sale. As required by statute, staff advertised the public hearing to consider the land sale, and notified all property owners within 350 ft. RECOMMENDATION Staff recommends that the City Council hold the public hearing regarding the potential land sale at their February 14, 2011, meeting. This allows Council the opportunity to accept testimony regarding the City's option to declare the property excess and sell the property. Staff further recommends that the first reading of the ordinance be held on March 14, 2011, if the purchase agreement and terms are ready. If the purchase agreement isn't available for the March 14, 2011, City Council meeting, staff will recommend a postponement until all necessary documents are ready. ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: The North Half of that part of vacated 73rd Avenue N. E. (now know as 73 1/2 Avenue N. E.) as platted in CENTRAL VIEW MANOR, according to the recorded plat thereof, Anoka County, Minnesota, which lies westerly of the following described line: Beginning at the northwest corner of the East 40 feet of Lot 2, Block 2, said CENTRAL VIEW MANOR; thence northerly, along the northerly extension of the west line of said East 40 feet, a distance of 9.11 feet; thence northerly, northeasterly and easterly 69.26 feet along a tangential curve to the right having a radius of 44.00 feet and a central angle of 90 degrees 11 minutes 02 seconds; thence easterly, northeasterly and northerly 19.70 feet along a compound curve to the left having a radius of 13.20 feet and a central angle of 85 degrees 31 minutes 21 seconds to the south line of Block 1, said CENTRAL VIEW MANOR and there said line terminates. generally described as the north '/2 of 73 '/2 Avenue recently vacated, north of 7315 Hwy 65. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to transfer the above described land to James and Mary Uthe of address for disposal. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the transfer of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2011. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: February 14, 2011 First Reading: Second Reading: Publication: � � CfTY 4F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 14, 2011 William W. Burns, City Manager Darin R. Nelson, Finance Director Jim Erickson, IT Manager February 9, 2011 Resolution Authorizing the City of Fridley to Enter into a Connectivity Services Agreement with Anoka County for Broadband Services The Connect Anoka County proj ect will link 145 anchor institutions with three core rings, creating a 286-mile fiber optic backbone. The backbone will connect police, fire, public works, libraries, K- 12 schools, colleges, city and town halls, and county buildings. This network will provide a direct advantage to local businesses, passing directly through the county's key business districts and economic development zones. The Connect Anoka County proj ect was made possible by a$13.4 million federal grant. An additional $2.9 million is being provided by Zayo Bandwidth, the company that will install and operate the fiber network, and an additional $2.9 million is being contributed by Anoka County. Even though Fridley is only part of the overall proj ect, laying a fiber network is an expensive undertaking and a self-funded fiber proj ect by the city would be cost prohibitive. However, as part of the county-wide, federally subsidized project, the city stands to gain benefits far in excess of its investment. The Connect Anoka County fiber proj ect will provide a number of immediate and long-term tangible benefits to city government, as well as the community as a whole. While it is possible the city will incur a small increase in its overall connectivity costs, the benefits far outweigh these costs. Not only does the Connect Anoka County proj ect have the potential to increase efficiency of city government itself, but readily available broadband connectivity in general, and fiber optics in particular, can be an engine for economic growth within a city. Among the most immediate tangible benefits the fiber network will provide are: • Increased efficiencies within the city due to high-speed connections to remote sites, including inter-departmental cooperation, IT consolidation, and higher employee productivity. • High-speed connectivity to Anoka County and the State of Minnesota will enable increased collaboration between agencies and more efficient use of current applications. • Opportunity for collaboration between local school districts and the city (e.g., Springbrook Nature Center). • Infrastructure for possible future wireless service to city vehicles. • Growth opportunities for local businesses. • Ability of the city to promote fiber connectivity to businesses considering locating in Fridley. • Enabling police patrols to spend more time in neighborhoods through the use of remote fire stations as reporting stations. In addition to the listed benefits, the city will also reduce costs in some areas. First, the city will no longer need to lease a T1 circuit (1.SMbps) between city hall and the SpringbrookNature Center and will no longer need some of the smaller lines leased at the remote fire stations. The Springbrook T1 line alone costs the city almost $400 per month and is 600 times slower than the proposed fiber connection. Along with the savings on currently leased lines, the city may be able to save significant money on its Internet service. Because the fiber network will allow the State of MN to remove the costly T 1 lines that they pay for at most police departments in the county, including Fridley; Anoka County is negotiating with the State to provide Internet service at little to no cost to the connected cities. If this can be worked out with the State, Fridley will be able to save over $600 per month on Internet service fees that we currently pay. Other savings will be realized through the consolidation of IT services. Because of the low- bandwidth connections currently used, sites such as Springbrook Nature Center must be supported with dedicated servers and other equipment costing thousands of dollars. High-speed fiber will allow us to bring those services back to city hall, thus saving associated hardware and licensing costs. Also, networking equipment such as switches and routers will no longer have to be purchased and maintained by the city because they will be part of the services offered by the fiber network. While these cost savings do not completely offset the projected $1,000 - 1,200 per month cost of the fiber network, they do significantly reduce the net cost to the city. The Connect Anoka County proj ect provides the city with an exciting opportunity to increase the efficiency and efficacy of government, as well as to increase the level of service it provides to its citizens. The proj ect also has great potential to be a catalyst for business growth in the community. Staff recommends Council approve the attached resolution authorizing the City of Fridley to enter into a connectivity services agreement with Anoka County for broadband services and authorizing the Mayor to execute said Agreement. 2 RESOLUTION NO. 2011 - A RESOLUTION AUTHORIZING THE CITY OF FRIDLEY TO ENTER 1NT0 A CONNECTIVITY SERVICES AGREEMENT WITH ANOKA COUNTY FOR BROADBAND SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Zayo Bandwidth LLC (ZAYO) was recently awarded a grant from the National Telecommunications and Information Administration which is to be combined with matching funds from ZAYO and Anoka County to build a fiber optic network in Anoka County to provide high-speed services to Community Anchor Institutions; and WHEREAS, Anoka County entered into an agreement with ZAYO to build a fiber optic network in Anoka County to provide high-speed broadband services to Community Anchor Institutions; and WHEREAS, Anoka County recently entered into a Master Fiber Indefeasible Right of Use (IRU) Agreement and a Wholesale Master Service Agreement with ZAYO in order to facilitate the purposes of the grant obtained by ZAYO; and WHEREAS, Anoka County and ZAYO have identified multiple Community Anchor Institutions to be connected by the Core Backbone and Distribution Network which will comprise the fiber optic network; and WHEREAS, Anoka County desires to arrange for co-location service sites at various Community Anchor Institutions which have been identified for the purposes of building the fiber optic network; and WHEREAS, the City of Fridley (CITY) has been identified as a Community Anchor Institution and co-location service sites have been designated in the CITY; WHEREAS, Connectivity Services will become available at the designated CITY co-location service sites as a result of the fiber optic network built by Anoka County and ZAYO; and WHEREAS, the CITY will have the option of accepting Connectivity Services initially, or allowing the equipment to be installed and reserving the acceptance of Connectivity Services until a later time; and WHEREAS, the CITY will be referred to as an Entity, a community anchor institution which owns, leases, controls, rents or administers a designated co-location service site; and WHEREAS, it is in the interest of the Entity to work together with Anoka County to facilitate ZAYO in building the fiber optic network. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley is authorized to enter into a Connectivity Services Agreement with Anoka County for Broadcast Resolution No. 2011- Page 2 Services at Co-location Service Cites, Attachment 1, and that the Mayor of the City of Fridley is hereby authorized to execute said Agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF FEBRUARY 2011. ATTEST: Debra A. Skogen, City Clerk Scott J. Lund, Mayor � Connectivity Services Agreement With Community Anchor Institution(s) For Broadband Services At Co-location Service Site(s) This Agreement, entered into by and between: 1. COUNTY of Anoka (Anoka County), 2100 Third Avenue North, Anoka, Minnesota 55303; and 2. City of Fridley, (Entity), 6431 University Ave. NE., Fridley, Minnesota, 55432. WHEREAS, ZAYO Bandwidth LLC (ZAYO) was recently awarded a grant from the National Telecommunications and Information Administration (NTIA) which is to be combined with matching funds from ZAYO and Anoka County to build a fiber optic network in Anoka County to provide high-speed broadband services to Community Anchor Institutions; and WHEREAS, Anoka County has recently entered into a Master Fiber Indefeasible Right of Use (IRU) Agreement and a Wholesale Master Service Agreement with ZAYO in order to facilitate the purposes of the grant obtained by ZAYO; and WHEREAS, Anoka County and ZAYO have identified multiple Community Anchor Institutions to be connected by the Core Backbone and Distribution Network which will comprise the fiber optic network; and WHEREAS, Anoka County desires to arrange for co-location service sites at various Community Anchor Institutions which have been identified for the purposes of building the fiber-optic network; and WHEREAS, Connectivity Services will become available to each of the Community Anchor Institutions at the co-location service sites as a result of the fiber- optic network built by Anoka County and ZAYO; and WHEREAS, the Community Anchor Institutions will have the option of accepting Connectivity Services initially, or allowing the equipment to be installed and reserving the acceptance of Connectivity Services until a later time; and WHEREAS, Entity is a community anchor institution which owns, leases, controls, rents or administers a designated co-location service site; and Agreement as of January 4, 2011 WHEREAS, it is in the interest of Entity to work together with Anoka County to facilitate ZAYO in building the fiber optic network. NOW, THEREFORE, the parties hereto agree as follows: I. DEFINITIONS That the parties agree the following definitions for terms used in this Agreement: a) Community Anchor Institutions: quasi-government, government, educational and public safety institutions. b) Co-location service sites: designated physical sites located in various Community Anchor Institutions located in and around Anoka County. (See Attachment A.) c) ZAYO System: an integrated multi-cable, multi-ring fiber optic communication system comprise of cables and ducts, lateral connections, and the manholes and handholds locates therein, and related equipment required to provide Connectivity Services as provided through the NTIA grant. d) Connectivity Services: As described in Article V. e) Underlying Rights: all deeds, IRUs, easements, rights-of-way agreements, licenses, franchises, grants, contracts and other rights, titles and interests to use real property of any third person, which are necessary for the construction, placement, location, installation, operation, use, IRU rental, maintenance, repair or replacement by ZAYO or Anoka County, as the case may be, of the ZAYO System, Ducts, County Equipment, Cable or County Dark Fibers. f) IRU: Indefeasible Right of Use. g) Equipment: electronics, optronics, and other devices as necessary to deliver the Connectivity Services. h) Permitted use: services shall only be used by Community Anchor Institutions for quasi-governmental, governmental, educational or public safety purposes and shall not be used to directly or indirectly compete with ZAYO. i) ZAYO Staff: Employees, consultants, and other sub-contractors working under the direction of ZAYO to install and support the ZAYO System. 2 Agreement as of January 4, 2011 II. SCOPE OF SERVICES A. Anoka County will provide, through its contract with ZAYO, Connectivity Services to Entity through the fiber optic network built by ZAYO. Once the fiber optic network is built and the system is installed in the various co-location service sites, Anoka County, through its agreement with ZAYO, its successors and/or assigns, will provide ongoing support for the provision of Connectivity Services to Entity. Only site location identified with fee amounts on Attachment A will receive Connectivity Services. Any mutually agreed changes to Connectivity Services will require a modification to Attachment A pursuant to section XII. B. Entity shall provide space for a co-location service site where ZAYO, on behalf of Anoka County, can install equipment to be connected to the ZAYO system in order to build the Fiber Optic network. Entity shall provide Underlying Rights to the co- location site to Anoka County for the purpose of building the Fiber Optic network to the point of demarcation. III. COSTS AND COMPENSATION A. To the extent that Connectivity Services are used by Entity, Entity will pay Anoka County a monthly fee as detailed in Attachment A. Fees reflect the actual costs to provide the Connectivity Services. For entities receiving connectivity services, the initial fee is established at $75.00 per month for 100 mb and $400.00 per month for 1 gb. Fees will be periodically reviewed to reflect current costs, but will not be modified without the agreement of both parties. Fees will be invoiced starting the month following when Connectivity Services begin. Entity will provide payment within 30 days of receipt of an invoice. Nonpayment shall be grounds for default. B. Entity shall not charge Anoka County for the Underlying Rights in the co- location site used by Anoka County and ZAYO to build the Fiber Optic Network. Additionally, Entity shall not charge rent, access fees, lease payments, or any other fee 3 Agreement as of January 4, 2011 to Anoka County or ZAYO for the co-location space provided for the installation and housing of Equipment provided for connectivity service for Entity. IV. PHYSICAL ACCESS TO CO-LOCATION SITE A. Entity shall provide co-location space at co-location service sites indicated on Attachment A where ZAYO, on behalf of Anoka County, can install Equipment to provide services. Security shall be maintained at the site as indicated in Attachment B. Entity shall provide adequate power and temperature control as may be further detailed on the service order Attachment B. Entity shall provide all Underlying Rights and rights of access necessary for ZAYO to enter the premises and to construct and maintain fiber connections across the co-location service site whether the site is owned, leased, rented or administered by Entity. B. ZAYO, on behalf of Anoka County, shall provide, install, maintain, repair, operate and control its Equipment, as necessary. Unless specifically provided in Attachment A, there shall be no cost to Entity for the purchase and/ or installation of the ZAYO Equipment. Any ZAYO Equipment shall be maintained and replaced at no expense to Entity until the earlier of August 17, 2017, or this contract is otherwise terminated. Thereafter, if the ZAYO Equipment deteriorates, or no longer supports the provisioning of services, Entity agrees that it shall pay the prorata costs incurred in the replacement of such ZAYO Equipment. C. ZAYO, through Anoka County, may request permission to place additional ZAYO Equipment at the co-location service site indentified in Attachment A to solely service commercial customers. If Entity elects to allow such installation for commercial service at the co-location service site, ZAYO shall pay to Entity $250 per month for the first device, and $100 per month for each additional device. No co-location fees will apply if ZAYO Equipment used to provide services to Entity and to Anoka County if such ZAYO Equipment is also used to serve a commercial customer. 4 Agreement as of January 4, 2011 D. The ZAYO Equipment shall remain the sole and exclusive property of ZAYO, and nothing contained herein shall give or convey to Entity any right, title or interest whatsoever in the ZAYO Equipment. The ZAYO Equipment shall remain personal property, notwithstanding that it may be or become attached to, or embedded in, realty. The ZAYO Equipment shall not be considered a fixture of that real property. Neither Anoka County nor Entity shall tamper with, remove or conceal any identifying plates, tags, or labels identifying ZAYO's ownership interest in the ZAYO Equipment. E. Equipment and service beyond the point of demarcation and/or interconnection between ZAYO's facilities and Entity terminal Equipment and the wiring at the point of demarcation shall be the responsibility of the Entity. F. Entity shall provide access to ZAYO on behalf of Anoka County to provide services for purposes of installation, maintenance and repair of ZAYO Equipment. ZAYO, on behalf of Anoka County, shall restrict access to the co-location site space to authorized ZAYO staff. ZAYO staff shall abide by any physical security requirements provided to ZAYO in writing. ZAYO shall make reasonable attempts to provide at least two days notice prior to entering the co-location site to install, maintain, or repair any of the ZAYO Equipment. If it is not reasonably possible to provide such notice, or in an emergency, ZAYO shall provide notice as soon as practicable, but in all events prior to entering the co-location site. See Attachments B and D. G. If Entity provides its own Equipment, Anoka County, or ZAYO on Anoka County's behalf, shall have no obligation to install maintain or repair the Equipment. If, on responding to an Entity initiated service call, Anoka County, ZAYO and Entity jointly determine that the cause of the service delinquency was a failure, malfunction or the inadequacy of Entity's Equipment, Entity shall compensate Anoka County/ZAYO for ZAYO's actual time and materials expended during the service call. 5 Agreement as of January 4, 2011 H. Neither party shall adjust, align, attempt to repair, relocate or remove the other party's Equipment, or ZAYO's Equipment, except as expressly authorized in writing by the other party or ZAYO. I. Prior to any installation of the SYSTEM, ZAYO will submit to Entity entrance and construction plans specifying the location, construction and method of installation related to the System. Such plans shall be deemed accepted unless objected to in writing within ten (10) business days of submission by ZAYO. Entity shall immediately provide notice to ZAYO of known asbestos or other hazardous substances, pollutants or contaminants as defined by the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), Title 42, U.S. Code, or similar state or federal law. J. Entity shall provide to Anoka County 24-hour contact information for the purpose of gaining co-location service site access. This information shall be used for both business hour and non-business hour services access. Entity will review and update the information provided as needed, but at least on an annual basis. See Attachment D. K. Entity shall not arbitrarily or capriciously require ZAYO to relocate ZAYO Equipment. However, upon ninety (90) days written notice, or, in the event of any emergency, Entity may require ZAYO to relocate co-located ZAYO Equipment; provided, however, the site of relocations shall afford comparable environmental conditions for the ZAYO Equipment and a comparable accessibility to the ZAYO Equipment. V. CONNECTIVITY SERVICE LEVEL REQUIREMENTS A. Anoka County, through its agreement with ZAYO, shall provide Connectivity Services to Entity at the capacity level indicated in Attachment A. Any upgrades to service will be dependent on costs of Equipment, fees to ZAYO, capacity 6 Agreement as of January 4, 2011 limitations of the network, and other relevant factors. Entity recognizes that the network has a total bandwidth of 10GB on the core ring and 1 GB on distribution rings and distribution laterals. This total capacity is shared among other Community Anchor Institutions which are part of this project. Entity agrees to work with Anoka County to manage bandwidth and equitably resolve capacity issues on the network. B. Dark fibers will be installed at each co-location service site as indicated in Attachment A. These dark fibers will be terminated at the site and are reserved for future use. This agreement neither contemplates nor conveys to Entity present or future rights to the use of the dark fiber. Any future use will be by a separate agreement and at an additional cost. C. Entity may use the network only to provide service to itself in keeping with the permitted uses of this agreement. D. Transport Availability: The transport services being provided will meet or exceed 99.999% network availability for protected optical service, 99.99% for protected TDM based services such as DS3s and DS1 s and 99.9% for unprotected services as measured on a monthly basis. If Network Availability is below the percentage above in two out of the three preceding calendar months not due to an Excused Outage, the same shall constitute an event of default hereunder. E. Ethernet Availability: The Ethernet Services being provided will meet or exceed 99.9% network availability for unprotected service and 99.95% for protected service as measured on a monthly basis. If Network Availability is below 99.9% for unprotected circuits and 99.95% for protected circuits in two out of the three preceding calendar months not due to an Excused outage, the same shall constitute an event of default hereunder. F. Mean Time To Repair (MTTR): ZAYO's MTTR will be four hours for protected services and eight hours for unprotected services as measured on a monthly 7 Agreement as of January 4, 2011 basis for outages of the services provided or any part of the services provided; for example an individual DS3 or group of DS3s. If ZAYO's MTTR for all protected services greater than four hours in two out of the three preceding months not due to a Force Majeure Event such occurrence shall constitute an Event of Default on the part of ZAYO for the affected circuit. VI. TERM This Agreement will be for a period commencing on the date of signing by all parties, and continuing until August 16, 2015 (Initial Term), with up to a total of three (3) renewal periods of additional five (5) years terms (Renewal Terms) upon written amendment. Both parties shall provide written notice of intent to renew this agreement not less than one hundred eighty days (180) before the end of the Initial Term or Renewal Term. For purposes of this agreement, written notices shall be sent to the addresses of each of the Parties as indicated above. Upon the termination or expiration of this Agreement, Anoka County shall have no further obligation to provide Services and no further liability to Entity. Upon termination or expiration of this agreement, ZAYO shall be provided a reasonable opportunity to retrieve its equipment from the co-location service site(s). VII. INDEMNIFICATION To the extent permitted by law, each party shall indemnify, defend and hold harmless the other party, it's commissioners, council members, school board members, superintendents, directors, officers, employees and agents, successors and assigns, from all damages, costs, expenses and liabilities, including reasonable attorney's fees and disbursements, sustained in any action commenced by any third party in connection with the indemnifying party's performance of its obligations and duties under this Agreement except those damages, costs, expenses, and liabilities arising from the negligence or willful misconduct of the other party. The indemnified party shall promptly notify the other party in writing of any such law suit or claim. 8 Agreement as of January 4, 2011 VIII. INSURANCE During the Initial Term, and during each renewal term, each party shall obtain and maintain not less than the insurance set forth in Attachment C. IX. LIABILITY AND LIMITATIONS OF LIABILITY A. Entity shall be liable for any loss of or damage to the ZAYO Equipment caused by Entity's negligence, intentional acts, willful misconduct or unauthorized maintenance. Entity shall reimburse Anoka County on behalf of ZAYO for the reasonable cost of repair of the ZAYO Equipment, or the replacement thereof, within thirty (30) days after receipt by Entity of a written request for reimbursement. B. Anoka County shall be liable for any loss of or damage to Entity's equipment caused by Anoka County or ZAYO's negligence, intentional act, willful misconduct or unauthorized maintenance. Anoka County shall reimburse Entity for the reasonable cost of repair of the equipment, or the replacement thereof, within thirty (30) days after a written request for reimbursement and ZAYO has reimbursed Anoka County for the loss or damage pursuant to Anoka County's Agreement with ZAYO. C. Anoka County shall not be liable for delays in installation, commencement or restoration of the service; for any temporary or permanent cessation of service; for errors, malfunctions, delays or defects in transmission of the service; for loss or damage occasioned by a Force Majeure Event. Anoka County's liability for any and all causes and claims whether based in contract, warranty, negligence or otherwise shall in no event exceed: 1) an amount equivalent to the proportionate charge by Anoka County to Entity for the period of service affected, or 2) if applicable, the replacement value of any Entity equipment which is lost or damaged as a result of Anoka County's gross negligence or willful misconduct. 9 Agreement as of January 4, 2011 D. ANOKA COUNTY NEITHER ASSUMES NOR MAKES ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AS TO THE DESCRIPTION, QUALITY, MERCHANTIBILITY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OF THE SERVICE, LOCAL ACCESS OR ANY OTHER MATTER, EXCEPT AS SET FORTH IN THIS AGREEMENT. SUCH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED. X. FORCE MAJUERE Neither party individually and Anoka County on behalf of ZAYO shall be liable for any failure of performance hereunder due to causes beyond its reasonable control including, but not limited to acts of God, fire, explosion, vandalism, cable cut, flood, storm, or other similar catastrophe, any law, order, regulation, direction, action or request of the government, or any department, agency, commission, court, or bureau of a government, or any civil or military authority, national emergency, insurrection, riot, war, strike, lockout, or work stoppage (each a"Force Majeure event"). The party claiming relief under this section shall notify the other party of the occurrence or existence of the Force Majeure event and of the termination of such event. In the event Anoka County through ZAYO is unable to deliver services as a result of a Force Majeure event which precludes ZAYO from performing, the other party shall not be obligated to pay for the services so affected for as long as ZAYO is unable to deliver the Services. XI. COMPLIANCE WITH LAWS In providing all services pursuant to this Agreement, the parties shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement and shall entitle the Parties to terminate this Agreement immediately upon delivery of written notice of termination. 10 Agreement as of January 4, 2011 XII. MODIFICATIONS Any material alterations, modifications or variations of the terms of this Agreement shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. XIII. DATA PRIVACY In collecting, storing, using and disseminating data on individuals in the course of providing services hereunder, the parties agree to abide by all pertinent state and federal statutes, rules and regulations covering data privacy, including, but not limited to, the Minnesota Data Practices Act and all rules promulgated pursuant thereto by the Commissioner of the Department of Administration. All data created, collected, received, stored, used, maintained, or disseminated by the parties in performing this Agreement is also subject to the provisions of Minn. Stat. § 13 et. seq. (the Minnesota Government Data Practices Act) and, pursuant to that statute, the parties must comply with the requirements of that statute. All remedies set forth in Minn. Stat. § 13.08 shall also apply to the parties. XIV. EARLY TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon One Hundred Eighty (180) written days notice delivered by mail or in person. If notices are delivered by mail, they shall be effective two days after mailing. XV. DEFAULT AND REMEDY A. Default by Entity: Entity is in default of the agreement if Entity: 11 Agreement as of January 4, 2011 1) is more than 15 days past due in paying for services as agreed in this contract, or any invoice pursuant to its terms, excluding those amounts which Entity has notified Anoka County as reasonably being in dispute; or 2) fails to observe or perform any non-monetary obligation or covenant hereunder; or 3) files or initiates proceedings or has proceedings filed or initiated against it, seeking liquidation, reorganization or other relief(such as the appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or similar law; or 4) violates the permitted uses. In the event of default by Entity, notification of Default shall be sent to the address provided below in Section XVI. Entity shall have five days to cure a monetary breach, or thirty days to cure a non-monetary breach. If the Default remains uncured, Anoka County may suspend services until Entity remedies the Default, terminate or suspend services under this agreement and/or the applicable services being provided under the service order. If Anoka County terminates this Agreement pursuant to this article of the Agreement, Anoka County shall have the right to seek full payment for amounts due for services rendered prior to the date of termination. B. Anoka County shall be in default under this Agreement if it: 1) fails to arrange for ZAYO to provide the services in accordance with the Service Order or otherwise fails to cure any breach of the Agreement after receiving written notice of default from Entity; or 2) defaults on its agreement with ZAYO and does not cure said default within five days for a monetary breach or thirty days of a non-monetary breach of that agreement: or 3) fails to notify Entity of default by ZAYO within five days of said Default, or fails to notify Entity that ZAYO has alleged that Anoka County is in Default, within five days of receipt of notification from ZAYO. 12 Agreement as of January 4, 2011 Notification of Default by Anoka County shall be sent to the address provided below in Section XVI. Anoka County shall have five days to cure a monetary breach and thirty days to cure an non-monetary breach of the agreement. If Anoka County is caused to be in default of this agreement by the breach of ZAYO, Anoka County shall notify ZAYO in writing and allow ZAYO thirty days to cure, or such longer period of time as may be reasonably necessary to cure as long as the cure is initiated and diligently pursued within such thirty days or provide notice of a dispute about the existence such default. However, Entity and Anoka County may terminate this agreement upon written notice if ZAYO causes Anoka County to default by not meeting the terms of Article V. CONNECTIVITY SERVICE LEVEL REQUIREMENTS as noted above. XVI. NOTICES Notices shall be sent to the parties at the following: Anoka County: Cindy Kevern or successor/assign Information Services Department 2100 Third Avenue North STE300 Anoka County Government Center Anoka, Minnesota 55303 Entity: City of Fridley 6431 University Ave. NE Fridley, Minnesota 55432 XVII. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties is contained herein and that this Agreement supersedes all oral agreements and 13 Agreement as of January 4, 2011 negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the Anoka County and Entity relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this Agreement is the only and complete agreement regarding the subject hereof. IN WITNESS WHEREOF, the Governmental Units hereto do hereby authorize execution of their respective authorized representatives and the undersigned governmental units do hereby represent that their respective Governmental Units have, in accordance with the statutes of the State of Minnesota, authorize them to execute this agreement. ANOKA COUNTY By: Rhonda Sivarajah, Chair County Board of Commissioners Dated: ATTEST By: Terry L. Johnson County Administrator Dated: APPROVED AS TO FORM By: Kathryn M. Timm Assistant County Attorney Dated: 14 Agreement as of January 4, 2011 FRIDLEY, MINNESOTA : Scott J. Lund, Mayor Dated: ATTEST : Dated: APPROVED AS TO FORM : Dated: Attachments Attachment A: Capacity and costs for each co-location service site Attachment B: Co-location service site requirements Attachment C: Insurance Requirements Attachment D: Building Access Contact Information 15 Agreement as of January 4, 2011 ATTACHMENT A Capacity and Costs for Co-location Sites 1. Entity Name: Fridley, MINNESOTA 2. Entity Contact Information: Principal Contact: Name: Scott J. Lund Position: Mayor Office Phone: (763) 572-3500 Cell Phone: ���'�� Home Phone: (763) Pager: (763) Email: lunds(a�ci.fridley.mn.us Secondarv Contact: Name: Debra A. Skoqen Position: City Clerk Office Phone: (763) 572-3523 Cell Phone: � �'�� Home Phone: (763) Pager: (763) Email: skogend(a�ci.fridley.mn.us Billinq Contact: Name: Darin Nelson Position: Finance Director Office Phone: (763) 572-3520 Cell Phone: ���'�� Home Phone: (763) Pager: (763) Email: nelsond(a�ci.fridley.mn.us 16 Agreement as of January 4, 2011 3. Following are the site locations included for equipment co-location: Site # Location Address City Service 95 Public Works Garage 400 71" Ave NE Fridley 1 GB 96 Commons Water Treatment Plant 601 61St Ave Fridley 100M 97 Springbrook Nature Center 100 85th Ave NE Fridley 1GB 98 Fridley Fire Station 3 110 77th Way NE Fridley 100M 99 Fridley Fire Station 2 6381 Central Ave NE Fridley 100M 100 Fridley City Hall/Fire Station 1/ 6431 University Ave NE Fridley 1GB Police Station 101 Community Ctr / 6085 7th Ave NE Fridley 100M High School (FLIP) Learning Center (Shared with Fridley School District) TOTAL 17 Agreement as of January 4, 2011 Monthly Costs N/A N/A $400.00 $75.00 $75.00 $400.00 $37.50 $987.50 Attachment B Co-Location Service Site requirements A. Security Requirements. Entity shall provide best practices physical security to the co-location service site in the form of traditional lock service, key card, numeric access code, or electronic security system equal to that which Entity provides for its own assets. Keys, key cards, numeric access codes and the electronic security systems shall be maintained according to industry standards. Entity shall take all reasonable precautions to ensure the integrity of the security of the co-location service site. B. Temperature and Environmental Control Requirements. Space provided to ZAYO for the housing of the ZAYO system and equipment in the co-location service site shall meet industry standards for temperature controls, humidity, lighting, and protection from power surges and outages. Entity shall ensure that the co-location service site temperature remains in a constant range between 68°F and 83°F, and humidity remains in a constant range of 40%--60%. Entity shall use best efforts to implement a protection plan ensuring that the ZAYO System remains functional in the event of a power outage or similar emergency. C. Environmental Space Requirements. Entity shall provide sufficient cubic space for the installation of the ZAYO system and equipment in a secure area. ZAYO shall provide the space specifications for each co-location service site directly to Entity. Entity shall ensure that the space provided to ZAYO for the installation of the ZAYO System and equipment will also include sufficient space for ZAYO to access the equipment for repairs, maintenance and upgrades. The space will be convenient to the demarcation point, and will include any necessary space to install cable, conduit, fiber, and or circuitry from the demarcation point to the equipment. 18 Agreement as of January 4, 2011 Attachment C Insurance Requirements Insurance Limits. During the Term, each party shall obtain and maintain not less than the insurance set forth below: Worker's Compensation: Statutory limits. Commercial General Liability and /or Umbrella Liability: All liability insurance must meet the requirements of Minn. Stat § 466.04 subdivision 1 (a) (3) or $500,000.00, minimum liability for claims of death by wrongful act or omission and $500,000.00 to any claimant in any other case, whichever is greater. All liability insurance must meet the requirements of Minn. Stat. § 466.04 Subdivision 1 (a) (7) or $1, 500,000.00 minimum liability for any number of claims arising out of a single occurrence, whichever is greater. All umbrella insurance must meet the requirements of Minn. Stat. §466.04 Subd. 1(a) �$)� The above minimum requirements as to insurance coverage shall not limit the liability of either party under this agreement. The above limits may be satisfied using a combination of primary and excess coverage, self insurance as provided by Minn. Stat. § 471.981. Each Party shall obtain and maintain the insurance policies required above with insurance and /or reinsurance companies authorized to insure risks in Minnesota. With the exception of Worker's Compensation, each party, its Affiliates, and their officers, directors and employees and any other person entitled to indemnification hereunder, shall be named as additional insured to the extent of such indemnification. Each Party shall provide the other party with a certificate of insurance showing that the party has complied with the insurance requirements of this Attachment. Each insurance policy shall contain a provision providing such other party with thirty days advanced notice of any cancellation or material change in coverage at which time such party will notify the other party immediately of such cancellation or material change in coverage. Deductible/ Self Insured Retentions: All proof of insurance shall clearly set forth deductible or self insured retentions. Each Party shall be responsible for its deductible and/or self insured retentions. 19 Agreement as of January 4, 2011 ATTACHMENT D Buildinq Access Contact Information Entity shall provide 24 hour, seven day a week access to ZAYO for the ZAYO System equipment housed in the Co-location service site for the purposes of maintenance, service, upgrade and repairs of the equipment and system. Such access will include the name and contact information of co-location site key-holder for business and non- business hour access. P/ease provide contacts below. Business Hour Contact(s) — List contacts in the order you would like them to be called. Provide a minimum of 2 contacts (you may provide as many as you would like). Name: Position: Office Phone Cell Phone: Home Phone Pager: Email: Name: Position: Office Phone Cell Phone: Home Phone Pager: Email: Name: Position: Office Phone Cell Phone: Home Phone Pager: Email: r[:�c3 (763) (763) (763) (7R'�l � (763) (763) (763) (7R'�l � (763) (763) Contact #1 Contact #2 Contact #3 20 Agreement as of January 4, 2011 Non-Business Hour Contact(s) — List contacts in the order you would like them to be called. These contacts should have keys for building access to the co-location equipment area and be available after hours. Select people you would like called in case of such emergencies as equipment failures, fiber hits, storm damage, emergency locates, etc. Provide a minimum of 2 contacts (you may provide as many as you would like). Contact #1 Name: Position: Office Phone: Cell Phone: Home Phone: Pager: Email: Contact #2 Name: Position: Office Phone: Cell Phone: Home Phone: Pager: Email: Contact #3 Name: Position: Office Phone: Cell Phone: Home Phone: Pager: Email: Updates may be submitted to Anoka County IS at address provided in the Notices Section. 21 Agreement as of January 4, 2011 � � CffY OF FRIaLEI' Date To: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 14, 2011 February 8, 2011 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: First Reading for Text Amendment Request, TA #11-04, Hyde Park Zoning District, Chapter 205.23 INTRODUCTION One of the action steps in the Comprehensive plan was to consider amending the Hyde Park zoning district to allow redevelopment of property with existing multi-family housing to new multi-family housing. The Hyde Park Neighborhood is bordered by Main Street on the west, 615t Avenue to the north, University Avenue to the east and 57th Place to the south. ANALYSIS Staff has taken some time over the last few months to research the existing Hyde Park code language. We determined that minor modifications need to be made to the language to allow existing uses, to be considered permitted uses. We also took this time to amend other sections of this zoning code that need updating. The amended sections include the Purpose section and those dealing with district boundaries, accessory uses, existing uses, and excluded uses. Other proposed changes also deal with lot width, lot coverage, setbacks, and refuse. PREVIOUS CITY COUNCIL ACTION The City Council held a public hearing for TA #11-04 on February 7, 2011. There was no recommendation made by the Council to modify the proposed text language. PLANNING COMMISSION RECOMMENDATION At the January 19, 2011, Planning Commission meeting, a public hearing was held for TA #11-04. After staff's presentation and receiving comments from the public, the Planning Commission made a motion to approve TA #11-04, with no modificaitons. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends the City Council hold the first reading on the attached ordinance to modify sections of the S-1, Hyde Park zoning district regulations. Ordinance No. AN ORDINANCE AMENDING CHAPTER 205.23, RELATED TO PURPOSE, DISTRICT BOUNDARIES, PERMITTED USES, ACCESSORY USES, EXISTING USES, EXCLUDED USES, LOT WIDTH, LOT COVERAGE, SETBACKS, AND REFUSE FOR PROPERTIES WITHIN THE S-1 HYDE PARK NEIGHBORHOOD ZONING DISTRICT The Fridley Planning Commission and City Council hereby finds after review, examination and recommendation of staff that Chapter 205.23, S-1, Hyde Park Neighborhood District Regulations be amended as follows: SECTION 1: That Section 205.23.2 be hereby amended as follows: 2. PURPOSE The purpose of this special zoning district is to: A. Establish a zonin� mechanism for the nei�hborhood that will allow a varietv of housin� tvpes on lots with reduced lot sizes and setbacks. r��e�e�����', �� �� �� B. Su�ort ���_�:n the residential character of the neighborhood. C. Protect the property rights of all � landowners , while promoting reinvestment and development in *��e�*�ae�=ek�ne��e€ the neighborhood. � - - - - :,! . SECTION 2: That Section 205.23.3 be hereby amended as follows: 3. DISTRICT BOUNDARIES . . .. � � . � . • • � � • � • • . � . . � . . � . . . . The Hvde Park Nei�hborhood shall be comprised of all parcels bordered between Main Street on the west, Universitv Avenue (HWY 47) to the east, 61st Avenue to the north and 57th Place to the south. SECTION 3: That Section 205.23.4 be hereby amended as follows: 4. USES PERMITTED A. Principal Uses. The following are principal uses in the S-1 District: One-family dwellings, except for those uses as allowed as part of section 205.23.4.C.(1). B. Accessory Uses. . .. . .. . . . . . . . . .. . . . . . ,�,�----�.,,,�,,.,�T,:,_:.,: - r�.�i.at�sr.srrs���s�s:r:e�E�retr:r�.ee�rs. (1) A private �ara�e is the first accessorv buildin�. It shall not exceed 100% of the first floor area of the dwellin� unit or a maximum of 1,000 square feet. (2) A second �ara�e or accessorv buildin� over 120 square feet provided the followin� criteria are met: (a.) The combined total floor area of all accessory buildin�s shall not exceed 1,400 square feet. (b.) The ma�mum hei�ht for all accessory buildin�s shall not exceed fourteen (14) feet above �rade at the midspan of roo£ Midspan for purposes of this ordinance shall be described as the midpoint between the eave line and the hi h._ e�st point on the buildin�s roof, as measured at the front elevation of the structure. (c.) Accessorv buildin� shall not be used for a home occupation or as livin._ a�rea. (d.) Accessory structure shall be architecturall�patible with e�stin� home by matchin� sidin�, color schemes, roofin� materials, roof type and roof pitch. (e.) All drive and parkin� areas to be hard surfaced. (3) Privatelv owned recreational facilities which are for the enjovment and convenience of the residents of the principal use and their u._ e�sts. (4) Home occupations (5) The rental of �uest rooms to not more than two (2) persons per dwellin� unit. (6) Solar ener�y devices as an inte�ral part of the principal structure. C. Existing Uses. (1) All existing uses will be classified as permitted uses within the zoning district on the present property which they occupy. _ �s. �rr�:rrsr.�ree�:r.�e��:�e��. . - - - -- - -- - -- - - -- -- -- - - -- - -- - -- -- - . D. Uses Excluded. The following are excluded uses in the S-1 District: . (2) Uses which mav be dan�erous, create annovin� odors, noise disturbances or be otherwise detrimental to the �eneral welfare of persons residin� or workin� in the vicinitX thereof or mav impair the use, enj ovment, or value of anv propert� SECTION 3: That Section 205.23.5 be hereby amended as follows: 5. LOT REQUIREMENTS AND SETBACKS B. Lot Width. (1) The width of a lot shall not be less than sixty (60) feet at the required setback Corner lots shall not be less than sixty-five (65) feet at the required setback. �es:�r.r.���ee�:�r:r�ss. _ . �s�els:t�e��:ees�:esr:r�ss�s�r . . C. Lot Coverage: Not more than ° thirtv-five percent 35%� of the area of a lot shall be covered by the main building and all accessory buildings. D. Setbacks: (2) Side Yard: > > �se�.�,e�t��t�° °'��" r°����r° T�wo (2) side yards are required, each with a width of not less than seven and one half (7.5) feet, except as follows: (Ref 1217) (a) Where a house is built without an attached garage, a minimum side yard requirement shall be ten (10) feet on one side, and thirteen (13) feet on the other side, so that there is access to the rear yard for a detached and off-street parking area. (b) Where a house is built with an attached garage, the side yard adjoining the attached garage or accessory building may be reduced to not less than five (5) feet, provided the height of the garage or accessory building on that side is not more than �i�€�5� fourteen 14� feet. SECTION 4: That Section 205.23.7.0 C. Refuse. All waste materials, refuse or garbage shall be contained in closed containers as required under the Chapter entitled "�e Refuse Disposal" of the Fridley City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2011 Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: February 7, 2011 First Reading: February 14, 2011 Second Reading: March 14, 2011 Publication: � � �ff1' 4F FRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 14, 2011 February 9, 2011 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager First Reading of an Ordinance for Text Amendment TA # 11-02, S-2 Redevelopment Zoning Code Background During a public hearing at the last Council meeting, staff explained that the Process for Approval section of the S-2 Redevelopment section of the Zoning Code does not refer to an application fee. Since, City Code is frequently viewed online by developers, staff is striving to make our processes very clear to the viewer. The fee for an S-2 Master Plan or Master Plan Amendments has been in place since the creation of this zoning district, so this is not a new fee. The fee; however, has never been included in updates to Ch. 11, Fees. Therefore, Council will also be asked at the February 14, meeting to update Chapter 11 to include the current $1,500 application fee for this land use action. Such code changes do not require a public hearing before the Planning Commission or the City Council. Additionally, when staff was preparing the language for the proposed TOD overlay code, it was noted that the wording in the S-2 code regarding Fridley Housing and Redevelopment Authority review needed to be updated. Now that State Statute requires cities to act on land use applications within 60 days, the process described in code is not feasible to attain in 60 days since the HRA and the Planning Commission only meet monthly. Staff concluded that the original intent of the language was to provide the HRA an opportunity to comment since some redevelopment proposals could be located within tax increment districts. The same language was inserted in the TOD plan review process section since the HRA owns the land where the east side of the train station is located. The new proposed wording will still require the HRA to comment, but only by the time the proposal reaches the City Council level of review. Staff has not received any public inquiries regarding this proposed text amendment to date. Planning Commission Recommendation In addition to the February 7, City Council public hearing, the Planning Commission also held a public hearing on text amendment TA # 11-02 at their January 19, meeting. No one from the public appeared to testify on the matter at either hearing. The Commission passed a motion to forward the text amendment, as written, to Council with unanimous approval. Staff Recommendation Staff recommends that the City Council hold the first reading of the attached ordinance amending Ch. 205.24 pertaining to S-2 Redevelopment Zoning District regulations at your February 14, meeting. The second reading is scheduled for March 14, 2011. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205.24 OF THE FRIDLEY ZONING CODE PERTAINING TO S-2 REDEVELOPMENT DISTRICT REGULATIONS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that Section 205.24.5 of the Fridley Zoning Code be hereby amended as follows: 5. PROCESS FOR APPROVAL A. Plans for each individual proj ect or combination of proj ects must be submitted, upon pavment of anv required fee as provided in Chapter 11 herein, to the Planning Commission for review and recommendation to the City Council. The City Council shall have final authority to approve all project plans. B. Project plans submitted to the Planning Commission and City Council shall include the following minimum criteria: (1) Site plans showing the location of buildings, off-street parking, street and utility locations, auto and pedestrian access to and from the project, any modification to existing services, grading plans, storm water plans, building exterior finish, lighting and signing and landscape plans. (2) Written City staff review on proj ect compatibility to the overall redevelopment plan. (3) �� Review and recommendation to the Citv Council from the FridleX Housing and Redevelopment Authority (HRA) ;,ao .,�; PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2011. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: February 7, 2011 First Reading: February 14, 2011 Second Reading: March 14, 2011 Published: � � �ff1' 4F FRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 14, 2011 February 9, 2011 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager First Reading of an Ordinance for an Amendment to Chapter 11, Fees Background Since the creation of the S-2 Redevelopment Zoning District, the City has charged an application fee for both master plan submittal and master plan amendments. The current fee of $1,500 was set in 2004 and re-evaluated along with our other land use fees in 2009. Staff is not recommending any change to the fee. The fee has inadvertently been omitted from Chapter 11 and simply needs to be added. This type of code adjustment does not require a public hearing before the Planning Commission or the City Council as the Zoning Code text amendment related to this fee does. Since Planning staff was bringing this update to the fee schedule before Council, we checked to see if there were any other fees that needed to be updated. Staff discovered that there has been no listing in the fee schedule for comprehensive plan amendments. While there is no text in the Fridley Zoning Code referring to this process (it is explained in State Statute), our legal counsel advises that we add the fee we have been charging for this service to the fee schedule. Besides the two fees staff recommends adding to Chapter 11, we also recommend that Council remove the listing of three fees that are no longer in place. Those are: construction trailer temporary office fees, yard waste gate fees, and town house development fees. The other two changes shown in the attached ordinance clarify the wording of two land use fees: the special use permit fee and vacations. Previously planned additions of TOD plan application fees have been removed for later consideration. Staff Recommendation Staff recommends that the City Council hold the first reading of the attached ordinance amending Ch. 11, Fees, at your February 14, meeting. The second reading is scheduled for March 14, 2011. These dates are meant to coincide with the dates for readings of the text amendment proposed to Ch. 205.24, S-2 Redevelopment Zoning District Master Plan Amendment fees. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE PERTAINING TO GENERAL PROVISIONS AND FEES The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that Chapter 11, Fees, of the Fridley City Code be hereby amended and appended into the table alphabetically as follows: 11.10. FEES License and permit fees shall be as follows; CODE SUBJECT ' ' FEE ' MS 462.355 Comurehensive Plan Amendment $1,500 � , 205.24 Master Plan Amendment $1,500 205 Special Use Permit $1,000 for R-1 $1,500 for all others v.,,,,� �x�., m,,.,,, c, r., � �� �3 �s�e� r te�Rte�-ee ez cn .. ;,.i, , .. +,..,,.i, „ .,n +,..,;i,,,. �S �SA9 205 �}LVacations, Right of Way or Easement $1,500 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2011. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: February 14, 2011 Second Reading: March 14, 2011 Published: � � CffY OF FRIDLEY To From: Date AGENDA ITEM CITY COUNCIL MEETING OF February 14, 2011 William W. Burns, City Manager John Berg, Fire Chief January 27, 2011 Re: First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to Fees In 2010 the City increased rental housing inspection license fees by an average of 19%. While this increased the amount of revenue for the rental housing inspection program by an estimated $30,000 it has still left the City to subsidize the rental housing inspection program by over $25,000. The fee study conducted by the finance department in 2009 indicates that the rental housing inspection budgeted expenditures are considerably less than the study's indicated cost for direct and indirect services for rental housing inspections. Given the City's direction to fund the rental housing inspection program through fees and reduce subsidy, and the City's actual cost for direct and indirect services to the rental housing program, I am recommending a twenty-five dollar ($25) increase in the base fee for a rental property license and a two dollar ($2) increase in the rental housing license for each unit in a building with more than four units. The average proposed increase for a property is 15%. The proposed increase in license fees combined with the estimated re-inspection fees will reduce the City's subsidy for the rental housing inspection program to less than $2,000 for the year 2011. Staff is recommending an amendment to Chapter 11 of the Fridley City Code that will increase fees for multiple dwelling licensing by $25 for the base property fee and $2 per unit for buildings over four units. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 GENERAL PROVISIONS AND FEES OF THE FRIDLEY CITY CODE WHEREAS, The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 11 related to general provisions and fees be hereby amended and ordains as follows: CHAPTER 11. GENERAL PROVISIONS AND FEES Section 11.10. FEES 'Code '' Descri tion Fee 220 Multiple Dwelling Single rental unit �5-99 $100.00 Two rental units �3-A9 $150.00 Three units �99 $210.00 Four units �4�-9�$270.00 Five or more units �99 $270.00 plus $10.00 $12.00 per unit. Reinspection Fee $300 Transfer Fee $25 License Fee after Revocation or $150% rimes the annual license fee Suspension PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2011. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk First Reading: Second Reading Publication: � � CffY OF FRIDLEI' TO FROM DATE AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 14, 2011 William W. Burns, City Manager James Kosluchar, Public Works Director Layne Otteson, Assistant Public Works Director February 14, 2011 PW11-012 SUBJECT: 61st Avenue Rehabilitation Project No. ST2009-02 - Change Order No. 1 and Pay Estimate No. 5 Attached is Change Order No. 1 for the 61st Avenue Street Rehabilitation Project No. ST2009-02. The change order includes additional work beyond the estimated amounts required to complete the project. The work includes concrete sidewalk, street patching, grading, topsoil and seeding. The additional costs will be paid using available balance from the City's MSAS account. The amount of this change order is $38,510.37. Pay Estimate No. 5 is also attached to this Agenda Item in order to expedite payment to the contractor for Change Order No. 1. Approval of Pay Estimate No. 5 is subject to the approval of Change Order No. 1. The next City Council Meeting is not until March 14tn The work on the project is complete, no corrective items are outstanding and final paperwork is in progress. Items 1 through 6 are for work related to replacing concrete sidewalk adjacent to street intersections. Federal accessibility rules require sidewalk and pedestrian ramp enhancements adjacent to construction projects including mill and overlay. During design, Staff expected 1VINDOT to continue to allow considerable flexibility in retrofitting pedestrian ramps as they had in the past. At the beginning of construction, we were advised little exception was going to be allowed by 1VINDOT to meet accessibility requirements for allowable slope. This required flatter pedestrian ramps and additional sidewalk to be replaced. Staff responded by spending considerable time field surveying the proposed pedestrian ramps and sidewalks to satisfy 1VINDOT and minimize walk replacement. In most instances, sidewalk replacement behind pedestrian ramps was extended to satisfy the required slopes. Staff coordinated compliance with a 1VINDOT inspector on-site to minimize budget impact and ensure State Aid funding approval. State and Federal guidelines allow considerable ambiguity for interpretation by the 1VINDOT inspector. 1VINDOT's project concurrence allows the release of the Federal funds to the City. The additional sidewalk replacement impacted adj acent boulevard and lawn areas with significant grade changes. This required excavation (grading), topsoil placement, seeding and mulching (soil stabilizer) to properly restore boulevard and lawn areas. Staff communicated with several of the impacted property owners during the process. Item 7 is for bituminous patching repairs to the underlying pavement base prior to placement of the new pavement. Several days after the milling process was completed, many small and large areas of pavement began breaking apart under traffic. Staff's investigation identified these areas to be unexpectedly thinner than expected. One area of significant patching was west of Trunk Highway 65 in the Able Street and Baker Street vicinity. Staff continued to monitor and identified areas throughout the length of the project requiring base reconstruction and directed the contractor to correct prior to placement of the final bituminous surfacing. Staff recommends the City Council approve Change Order No. 1 to Northwest Asphalt, Inc. in the amount of $38,510.37. The revised contract amount sha11 be increased to $557,171.23. Staff recommends the City Council approve Pay Estimate No. 5 to Northwest Asphalt, Inc. in the amount of $39,110.01. LRO/lro Attachments CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 February 14, 2011 SUBJECT: Change Order No. 1 for 2010 Street Rehabilitation Project No. ST2009-02 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the 61St Avenue Rehabilitation Project No. ST2009-02 by including the following items: Item No. Descri tion Units Unit Price Quantit Cost 1 Remove Conc. Walk SF $ 0.50 4,304.00 $ 2,152.00 2 Install 4" Conc. Walk SF $ 3.95 3,820.00 $ 15,089.00 3 Common Excavation (EV) CY $ 20.00 97.46 $ 1,949.20 4 Select To soil Borrow CV CY $ 25.00 97.46 $ 2,436.50 5 Seed, Mixture 270 LB $ 10.00 30.29 $ 302.90 6 Hydraulic Soil Stabilizer, Type 5 or 6 LB $ 4.15 480.00 $ 1,992.00 7 3.5" Bituminous Patch w/ 6" Class 5 Aggregate SF $ 2.66 5,484.50 $ 14,588.77 TOTAL $ 38,510.37 Submitted and approved by James Kosluchar, Director of Public Works, on the 14th day of February, 2011. James P. Kosluchar, Director of Public Works Approved and accepted this day of , 2011 by Northwest Asphalt Inc. Northwest Asphalt Inc., Representative Approved and accepted this day of , 2011 by City of Fridley Scott Lund, Mayor Wlliam W. Burns, City Manager � AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 14, 2011 �ff1' 4F FRIDLEY INFORMAL STATUS REPORTS