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04/11/2011 - 6180� � CITY COUNCIL MEETING OF APRIL 11, 2011 CfTY flF FRIaLE'f The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534) PLEDGE OF ALLEGIANCE. LOCAL BOARD OF APPEAL AND EQUALIZATION MEETING — 7:00 P.M. CITY COUNCIL MEETING APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 28, 2011 NEW BUSINESS: 1. Approve Proposed Comprehensive Sign Plan Amendment for Fridley Commerce Center, Generally Located at 201 — 57t" Avenue N. E. (Ward 3) ........................................................................................................... 1- 4 2. Motion to Approve the Recommended Disbursement of the Twin Cities Gateway Community Grant Funds forthe City of Fridley ....................................................................................... 5 FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 i= �� ��� 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 Fridlejr's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534) PLEDGE OF ALLEGIANCE. LOCAL BOARD OF APPEAL AND EQUALIZATION MEETlNG — 7:00 P.M. CITY COUNC/L MEETING APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 28, 2011 NEW BUSINESS: 2. 3 4. Approve Proposed Comprehensive Sign Plan Amendment for Fridley Commerce Center, Generally Located at 201 — 57'h Avenue N.E. (Ward 3) ........................................... 1- 4 Motion to Approve the Recommended Disbursement of the Twin Cities Gateway Community Grant Funds for the City of Fridley ...................... 5 Claims (150193 —150448) ............. 6 - 20 Licenses......................................... 21 - 27 ADOPTION OF AGENDA: OPEN FORUM. VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: 5. Consideration of a Text Amendment, TA #11-03, by the City of Fridley, to Consider the Creation of a Transit-Oriented Development Overlay Zoning District Near the Northstar Train Station (Continued February 7, 2011) ........ 28 - 38 OLD BUSINESS: 6. Second Reading of an Ordinance Amending Chapter 508 of the Fridley City Code Allowing for the Temporary Sale of Strong • Beer and Wine at Commons Park and �/,,c; � Communiry Park during Community � ,T Festivals ....................................... 39 - 41 � S . drd t oz79 � a� .p�c.P,,�:P,� — ,o�,►.� 4-+9 � � � 7. Resolution Authorizing the City of Fridley to P Enter into a Connectivity Services Agreement � with Community Anchor Institution(s) for Broadband Services at Co-Location Service Site(s) with Anoka County and Authorizing the Mayor to Execute said Agreement (Tabled March 14, 2011) ...... �}. �..�....�...... .. I�—��... 42 - 80 1� � Approve 2011 Reappointments to City Commissions (Tabled March 28, 2011) 81 - 83 .............................................. FRIDLEY CITY COUNCIL MEETING OF APRIL 11. 2011 ___ PAGE 2 NEW BUSINESS: Approve 2011-2012 Liquor License Renewals........................................ 84 - 86 10. Informal Status Reports .................. 87 ADJOURN. r � CffY OF FRIDLEY LOCAL BOARD OF APPEAL & EQUALIZATION MEETING FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 7:00 p.m. - City Council Chambers Attendance Sheet Please �rint name address and item number �ou are interested in. Priat 'Nam� (C1early); , ;Addsess �t�m 1�%. ���I�j A�e�rc.� �i�� r'��-r".�� ��l C�"v���,e(�a �v� �� •�sS�Z IC � �� 5`1�� I tv � ��2i��, a�� � � C,`. - — �� �a� � � N � �. `� � � - � (Legal Notice) City of Fridley Notice of Board of Appeal and Equalization Notice is hereby given that the Board of Appeal and Equalization of the City of Fridley, County of Anoka, Minnesota, will meet at the Fridley Municipal Center located at 6431 University Avenue NE, Fridley, Minnesota, in the City Council Chambers at 7:00 p.m., on Monday, April 1 l, 2011, for the purpose of reviewing and correcting the assessment of said City for the year 2411. All persons considering themselves aggrieved by said assessment, or who wish to complain that the property of another is assessed to low, are hereby notified to appear at said meeting, and show cause of having such assessment corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under by hand this 21 st day of March, 2011. /s/ Debra A. Skogen, City Clerk (Published in the Fridley SunFocus March 31, 2011) FR�DLEYAMERICAIY LEGIONPOST 343 7361 Central Avenue NE Pin# 12 30-24-13-0083 To: Fridley Board of Review and Equalization From: Fridley American Legion Post 303 Subject: Appeal on Valuation Qur American Legion Post, like other Veteran Posts throughout the area, is faced with financial difficulties. Income is down in spite of hying inventive activities to increase income on our gaming. We are aware that our real estate t� is just one of the many expenses we must meet. Our valuation has been lowered by the City annually during the recession. According to the information we received, the value for taxes payable in 2010 was $891,504. ($268,8QO land, and $622,744 buildings). Value for taxes payable in 2011 was $816,40(?. The ta�� based on these values was 2010--$1,188.82 and for 2011--$1,224.b6. This was only an increase of $35.84 (3%). Our building is an older slructure requiring many maintenance type repairs. The c�rrent estimated value on this 10,976 square foot building is $52.06/sq. ft. (down from $56.73! sq. ft. the prior year). These figures aze based on building values af $622,700 and $571,700. Land Value was $268,800 ($6.86/sq. ft.) down to $245,OOU ($6.34/sq. ft.) on 38,633 sf. We respectfiilly request that the values be set at: Building (10,976 sq. ft.) @ $40.00/sq. ft. _ $439,Q40 Land (38,633 sq. ft.) @$5.00! sq. ft. _$I93,165 For a 2011 value for 2012 taxes of $632,2Q5. Based on our location (not on a main highway) and the age and design of our building, we believe this value is probably on the high side for toda.y's mazket. Your consideration of this appeal would be appreciated. Resp�ectfully submitted, Malcolm O. Watson Chaplain Post 303 Appraiser, Civil Engineer Consultant Lic #4000369 FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Claims (1 501 93 — 1 50448) .............................................................................. 6- 20 4. Licenses .......................................................................................................... 21 - 27 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: 5. Consideration of a Text Amendment, TA #11-03, by the City of Fridley, to Consider the Creation of a Transit-Oriented Development Overlay Zoning District Near the Northstar Train Station (Continued February 7, 2011) ........................................................................................... 28 - 38 OLD BUSINESS: 6. Second Reading of an Ordinance Amending Chapter 508 of the Fridley City Code Allowing for the Temporary Sale of Strong Beer and Wine at Commons Park and Community Park during Community Festivals.......................................................................................................... 39 - 41 FRIDLEY CITY COUNCIL MEETING OF APRIL 11, 2011 PAGE 3 OLD BUSINESS (CONTINUED): 7. Resolution Authorizing the City of Fridley to Enter into a Connectivity Services Agreement with Community Anchor Institution(s) for Broadband Services at Co-Location Service Site(s) with Anoka County and Authorizing the Mayor to Execute said Agreement (Tabled March 14, 2011) ....................................... 42 - 80 8. Approve 2011 Reappointments to City Commissions (Tabled March 28, 2011) ......................................................... 81 - 83 NEW BUSINESS: 9. Approve 2011-2012 Liquor License Renewals........................................................................................................ 84 - 86 10. Informal Status Reports .................................................................................. 87 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY MARCH 28, 2011 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 8:00 p.m. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: PRESENTATION: Mayor Lund Councilmember-at-Large Barnette Councilmember Varichak Councilmember Bolkcom Councilmember Saefke William Burns, City Manager Fritz Knaak, City Attorney Jim Kosluchar, Public Works Director Donovan Abbott, Director of Public Safety Sue Johnson, Anoka County Tony Palumbo, Anoka County Attorney Jack Kirk, Parks and Recreation Director 7im Kordiak, Anoka County Commissioner John VonDeLinde, Director of Anoka County Parks & Recreation Chip Suchy, 12008 Oak Park Boulevard, Blaine Pam Reynolds, 1201 Norton Avenue Go Anoka County — www.�oanokacounty.or� APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second 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 the City of Fridley); and Adopt Official Title and Summary Ordinance. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 2 William Burns, City Manager, said this ordinance updates the language in Chapter 205.23 to bring it into conformity with State law and other sections of the zoning code. It allows existing uses, such as multi-family uses to become permitted uses as allowed by state law. Dr. Burns said under current language, multi-family units may be rebuilt only if they were damaged or destroyed by fire or some other disaster. The new language allows them to be rebuilt within their current footprint as a permitted use. The new language also expands the allowed lot coverage for conforming uses (single family) from 25% to 35%, as allowed for pre- 1955 lots in other sections of the City. Staff modified the lot coverage language since the last meeting to make it clear that it applied only to conforming, single-family uses. The accessory use section of the ordinance has also been modified to bring it into conformity with accessory use language in the single-family section of the zoning code. Dr. Burns said since the last meeting, language has been added describing privately owned recreational facilities as including, but not limited to, playground equipment and swimming pools. The revisions also deal with lot width and setback requirements. There are no substantive changes other than to raise the allowable garage height from 14 feet to 15 feet to match the R-1 code. Otherwise, the wording has been changed to make it simpler. Dr. Burns said the changes also describe the Hyde Park boundaries differently. Previously, boundaries were described by block and lot numbers. The new language describes Hyde Park as all parcels bordered by Main Street on the west, University Avenue on the east, 61st Avenue on the north, and 57th Place on the south. Dr. Burns said the wording of the purpose section of the ordinance has been changed to reflect the City is establishing a zoning mechanism that "will allow a variety of housing types on lots with reduced lot sizes and setbacks." This emphasis on a variety of housing types is the only substantive change. The final change is a name change. Under the "Refuse" section, language referring to waste disposal has been changed to "Sold Waste Disposal and Recycling Collection." Dr. Burns said these changes were approved by the Planning Commission on January 19. Council approved the first reading on March 14. Staff recommends Council's approval of the second and final reading of this ordinance and the adoption of the summary ordinance. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 2. Resolution Entering into a Joint Powers Agreement with the State of Minnesota and the City of Fridley to Allow Access to Criminal Data Systems. William Burns, City Manager, said this agreement replaces an agreement that has been in effect since 1977 and was last renewed in 2004. It established the terms and conditions under which employees of the Fridley Police Department have access to the Bureau of Criminal FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 3 Apprehension's (BCA) Criminal Justice Data Communications Network (C7DN). The data system is a very important source of information for running criminal histories, identifying individuals involved in incidents, processing cases for prosecution, officer safety, and a variety of other needs. Dr. Burns said while the data covered by this agreement has changed, there are no substantive changes in the cost for BCA access or in the requirements for access. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2011-18. 3. Resolution Approving and Authorizing Signing and Agreement with Sergeants of the City of Fridley Police Department for the Years 2010 and 2011. William Burns, City Manager, said the City began negotiations in 2009 and continued them through 2010 without agreement. Lacking agreement, the union certified for interest arbitration last year. Both sides averted the costs of arbitration by re-entering grievance mediation in January over the annual leave sellback Resolution of the annual leave sell-back issue in February led to agreement on the overall contract and Memorandum of Understanding. The terms are as follows: 1. A two-year contract covering 2010-2011. 2. Same insurance benefit package as all other City employees. 3. An additional $50 per year for their uniform allowance (total=$450). 4. Wages increased by 1% beginning January 1, 2010, and no additional adjustment for 2011. 5. Agreement with suspension of the annual leave sellback program for 2010 and 2011. 6. Full amount of tuition reimbursement limited to those currently in the program for 2010 and 2011. 7. Raise in allowance for sellback of unused holiday pay from 24 hours to 32 hours. Dr. Burns said the cost of the agreement, not including increased cost for health insurance benefits, is $7,535 for 2010 and $1,901 for 2011. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2011-19. 4. Approve 2011 Reappointments to City Commissions. William Burns, City Manager, said that the following terms expire in 2011. 1. Planning Commission - Jack Velin and Brad Dunham 2. Appeals Commission - Christopher Anderson and Del Jenkins 3. EQEC - Barbara Johns and Ann Andrews 4. Parks and Recreation Commission - Michelle Barrett FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 4 Dr. Burns said all of the incumbents except for Barbara Johns and Ann Andrews (both from EQEC) wish to be reappointed. All of the positions are for three-year terms which expire on March 31, 2014. Staff recommends reappointment of all of those requesting reappointment. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Claims. APPROVED CLAIMS 150057 THROUGH 150190. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. ADOPTION OF AGENDA: Councilmember Bolkcom asked for Item Nos. 1 and 4 to be removed from the consent agenda and placed on the regular agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item Nos. 1 and 4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item Nos. 1 and 4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Jim Kosluchar, Public Works Director, said daily flood updates have been followed with the National Weather Service. The projections indicate things should be okay through next week. Increased flooding in the following weeks could be high as there is a lot of water in the snow containment along the Mississippi River. All equipment is ready to be installed at Riverview Heights and staff has been monitoring levels at Rice Creek The sandbagging program is underway, offering up to 100 bags free to property owners. Five sanding stations are located around Fridley where sandbags can be filled. If someone is in need of more sandbags because of potential flooding they can order sandbags delivered to their home. The City's website is updated on a regular basis; www.ci.fridlev.mn.us. This is the best place to get the latest updates and predictions. Mayor Lund asked if people have used the sanding sites. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 5 Mr. Kosluchar said that about a dozen property owners have picked up sandbags. NEW BUSINESS: 7. Resolution in Support of the Anoka County Joint Law Enforcement Council's Public Safety Data System. Tony Palumbo, Anoka County Attorney, said he is currently the Chair of the Joint Law Enforcement Council (JLEC). The JLEC Board was formed in 1970 with the purpose to improve public safety effectiveness and efficiency by cooperatively providing services like the 911 dispatch center, major crimes investigating, recordkeeping, training throughout the County, the 911-800 mhz, and auto theft grant which has reduced auto theft by 62%. Attorney Palumbo said the JLEC is looking to cooperate in the public safety data system which is a shared record system to benefit emergency officials to share information for a greater increase in efficiency which will reduce errors. Currently various agencies have to re-input data from other agencies which causes error. Records are currently not accurate and this would implement a computer system to share documents. Attorney Palumbo said the resolution supports this safety data system and attempts to amend the current legislation in place for bonding of the 800 mhz system to allow to bond for this project. The 7LEC is asking Council to give serious consideration and a favorable vote to this item. Councilmember Bolkcom asked what the cost would be for this service. Attorney Palumbo said the annual cost would be about $3.50 per household. The total cost is between $3.5 — S.SM. The County will sell bonds and finance this project over 10 years. The County is not asking for funds from the City, and a separate tax item will be on the taxpayer's statement. The cost based on a$200,000 value home and would begin in 2013. Councilmember Bolkcom asked how people could find out more information about this proj ect. Attorney Palumbo said they could contact the Public Safety Director with any questions. MOTION by Councilmember Barnette to adopt Resolution No. 2011-20. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Resolution Supporting the Changes and Improvements to Locke Park being Proposed by the Anoka County Parks and Recreation Department. Jack Kirk, Parks and Recreation Director, said in November of 2010 a representative from the Anoka County Parks came to the city parks to present information about improving Locke Park. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 6 The improvements would include replacement of the road, surface water ponding and relocation of the dog park There was a unanimous motion moved to support this project. Representatives from Anoka County will talk about the improvements being recommended for the park. Jim Kordiak, Anoka County Commissioner, said Locke Park has a history in Fridley and has been present for over 30 years. Anoka County became involved with this park about 25 years ago. Locke Park is a big part of the regional trail system and Anoka County is looking to make some improvements. The current roadway is 35 years old. It is a straight road and it is suggested to realign this road to become more appealing. Other areas of improvement include relocating the runoff, parking opportunities, shelters, planting trees and relocating the dog park. All these improvements will be funded and these improvements will be good for the community. John VonDeLinde, Director of Anoka County Parks and Recreation, said that Locke Park is located behind Columbia Arena and has been operating under a Joint Powers Agreement for 31 years. The park is in need of infrastructure redevelopment. The reconstruction of the road would create a curvier road. Other design features would increase access for those with disabilities, shorten the parking lot at the east end and require storm water drainage installation. The new road will go from a two lane roadway to a curbed two lane road so there will not be as much paved surface. The sign at the front entrance will also be replaced. The project is funded by a Met Council grant. Mr. VonDeLinde said one of the items getting attention is the dog park that was put in 5 to 6 years ago. The current dog park is one acre and has received a high response from the community. It is difficult to grow grass and there are some issues with runoff, access for those with disabilities and safety. The committee decided it would be best to relocate the dog park to a more centralized part of the park In the proposed area there are better soils and easier accessibility. It would also allow for expansion of the dog park Dog park patrons would park in the center of the park During the winter, snow would not need to be plowed all the way to the end of the park, which would save money. Mr. VonDeLinde said bids were recently received for this project and they came in $120,000 under budget. The project is scheduled to begin in May and construction would be complete in July; depending on weather and how quick the contractor moves on the project. The contractor would try to implement this project with the least amount of disruption to residents and users of the park. Councilmember Varichak said the first preliminary research done by Anoka County showed that Locke Park was not a proper place for a dog park. She asked how Locke Park was chosen to be the site for the dog park. Commissioner Kordiak said he was very involved in the selection for a dog park No Anoka County parks offered a dog park and certain conditions need to be met to have a dog park The committee spent 2 to 4 years looking at various sites for a dog park and in the end Locke Park seemed to be the least problematic. It was large enough, tucked away and was safe place for a dog park. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 7 Mr. VonDeLinde said Locke Park may not be ideal in terms of size. Ideally if there were an open area in southern Anoka County they would look for a 5 to 10 acre site for a dog park The committee had to look at where the dog park would best be located to serve all of Anoka County. Ultimately, this was the best available location in southern Anoka County. Councilmember Varichak asked why the decision to establish a dog park never came to Council. It was decided amongst Anoka County staff and commissioners and the Park and Recreation Commission. Mr. Kirk said creation of the dog park was brought before the Parks and Recreation Commission in 2005. Normally when the motion passes, it goes from the Parks and Recreation Commission to the Planning Commission and then to the City Council. The dog park was not considered a major capital improvement. Both parties can make improvements but if it is a capital improvement it needs to be approved by the City Council. This was not considered a capital improvement. The minutes were presented to Council but the item was not on the agenda. A memorandum was sent in October from Mr. Kirk that outlined what took place at the Parks and Recreation Commission meeting. A resolution was not passed at that time by Council. Councilmember Bolkcom said it states that any development plan approved other than maintenance should be approved by City Council. This is an interpretation error from back in 2005. She asked how many dogs are at the park on a daily basis. Mr. VonDeLinde said one patron counted 47 dogs one day when he was there. Councilmember Bolkcom asked how people will know about this project. There are notices on the dog park fence and the Anoka County website. She was concerned that people who use this park are not aware of this project. Mr. VonDeLinde said it is on the website, posted at City Hall and on the fence at the dog park. It is his understanding that if a project is done that does not change the park itself it does not have to go through a public hearing process. Ninety percent of the cost of this project is for rebuilding the roads and parking lots. Moving the dog park was not on the original plan and they did not think a large public hearing was needed to talk about moving the dog park. Councilmember Bolkcom said the normal process is if any improvements are done a letter is sent to the neighbors. Council wants to make sure people know what is happening to the parks in our community. She asked if there were ever any complaints or problems with people controlling their dogs. Don Abbott, Director of Public Safety, said he has not heard anything in the past 2 to 3 years. There were some issues when the park first opened. Councilmember Bolkcom asked if there would be more lighting at the new dog park location. Mr. VonDeLinde said they are not proposing more lighting but there will be security lighting on the roadway and in the parking lot. Lighting in the dog park may be something to consider. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 8 Councilmember Bolkcom said this seems to be a popular place and asked if there would be room to expand in the future. Mr. VonDeLinde said the area is close to the maximum space to be allowed at this site. The new location will be bigger than the current site and the committee is doing their best to enhance the use of the dog park. Councilmember Bolkcom asked how close the parking lot would be to the dog park. Mr. VonDeLinde said parking would be geographically closer to University and closer to the park entrance. It will be more visible and less intimidating and closer than the current parking. The current storm water drainage is on the east end of the parking lot and the only outflow is into the current dog park This had a bearing as to relocating the dog park The new area has sandy and permeable soils and water should flow off into the surrounding landscape. A storm water pond will be located in the east end and other areas throughout the park. Commissioner Kordiak said the committee did not go through with the public hearing process. This dog park is very successful and you can tell people are excited about dog parks because they are well utilized. Councilmember Barnette asked if the $850,000 grant was specific for this park in our community and what would happen if Fridley would not get these funds. Commissioner Kordiak said the grant funds could be spent on any park in Anoka County. Locke Park was chosen because the maintenance in this park is long overdue. Councilmember Barnette said he was glad to see the funds spent to improve a park in Fridley. Mayor Lund said Anoka County has stepped up to the plate to make enhancements to Fridley parks. He said 90% of this proj ect is street reconstruction which is really needed. Councilmember Varichak asked how much maintenance would be done to the new dog park. The old park had wood ships brought in the fall and spring. She asked if there would be a fenced area, grass and seeding. Commissioner Kordiak said in the new area, the soils are more conducive to the park so there may not be a need for wood chips; but if needed, chips will be placed accordingly. Councilmember Varichak asked if the soil will be able to drain properly once it gets packed down. Mr. VonDeLinde said wood chips would be supplemented if needed. Wood chips used to be free but they are no longer available at no charge. Councilmember Varichak asked what would happen if the dog park were left at its current location. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 9 Mr. VonDeLinde said the down side is with the storm water, soil compaction, ponding and water collection at the current location. Commissioner Kordiak said if the dog park were to stay where it is, they would take down the fence, take away the chips, rebuild the soil and put everything back In the end it would cost more money to leave the dog park in the current location. The current location is a hidden and smaller site. The committee thinks the new site is a win/win solution. Chip Suchy, 12008 Oak Park Boulevard, was concerned with the proposal of the new road and where it would curve because green space would be taken away from where people play volleyball and other games on the grass. The current dog park is very open and allows owners to play fetch with their dogs. The new location is more wooded which will make this difficult. He agreed that there are ponding issues but it is only a problem for about two weeks during the spring. If there is a storm in the summer the wood chips soak it up. Wood chips keep the dog clean. If you move the location where there is a sand and dirt mixture, the dogs will get very dirty and people will not like this. Mr. Suchy said patrons of the dog park do their best to pick up feces in the area. He did not know if larger waste containers in the park were a good idea as some residents come to dump things like futon mattresses. He was concerned about not plowing the entire roadway in the winter. The area needs to be plowed enough for park activities and dog park patrons. Mr. VonDeLinde said 18 parking spaces would be plowed at the dog park location along with the west area for overflow parking. The parking lot should handle 80 to 90% of common users. During peak periods patrons can use the other lot. Councilmember Bolkcom asked for clarification on what areas will be plowed. Mr. VonDeLinde said the east end of the road will not be plowed. The shelter in this park is only reserved once per year and it is by the City of Fridley. Patrons may use the shelter casually but the shelters are not going to be moved. They are looking at possibly adding an additional shelter in the future on the east end. Councilmember Bolkcom asked about the issues regarding green space when patrons come with their families. Mr. VonDeLinde said he has not observed a lot of volleyball and soccer being played in the park They can look at moving the road further back to the north to address this concern. Councilmember Bolkcom said that she wants to see improvements to the park but it is important to respond to the issues of the residents. Mr. Suchy said he goes to the park every day and sees people using those areas. On the weekends quite a few people are in those areas playing games. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 10 Mayor Lund said improvements are necessary and needed at Locke Park This is a well used facility and most will be happy the dog park will increase in size. He likes that the new dog park will be closer to the road, ADA accessible and will be a visible security conscious site. MOTION by Councilmember Varichak to adopt Resolution 2011-21. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. First Reading of an Ordinance Amending Chapter 508 of the Fridley City Code Allowing for the Temporary Sale of Strong Beer and Wine at Commons Park and Community Park during Community Festivals. Jack Kirk, Parks and Recreation Director, said City staff has been asked by representatives of the Fridley Lions Club and the Fridley Rotary Club to consider a change to Chapter 508 of the City Code to allow the sale of strong beer and wine at Commons Park during community festivals. The current ordinance allows the temporary on-sale of 3.2% malt liquor at Community and Commons Parks. This issue was brought before the Parks and Recreation Commission on March 7, 2011, for consideration. Mr. Kirk said the proposed amendment adds a new Section 4 to Chapter 508 as an ordinance change allowing strong beer and wine during community festivals. The wording is similar to what was in the ordinance before that allowed the 3.2 beer. There are no changes in the rest of the chapter. Councilmember Barnette asked about wine tasting at Springbrook Nature Center. Mr. Kirk said that would be allowed in the code. Councilmember Bolkcom asked if this ordinance was just for `49er Days or if it would allow anyone to come before Council with a request. Mr. Kirk said this would only apply to a community event. It could be used to accommodate something like the 75th Anniversary of the City or Oktoberfest. If the event is not a community celebration it would not qualify. Councilmember Bolkcom asked if other community events would be allowed to do this and if they would need a temporary license. Mr. Kirk said they would need approval of City Council. Mayor Lund said Council has two items within this statement; designation by City Council for what is constituted a city event and to have the ability to approve or deny a liquor license. Councilmember Bolkcom did not think that was clearly stated in the ordinance. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 11 Mayor Lund asked if there was similar language in another chapter. Mr. Kirk said it is the same as Section 3 that was passed several years ago. Councilmember Bolkcom asked if there was a better way to say it. Mayor Lund suggested that the City Attorney look at the wording to make sure it is the best language. Councilmember Varichak asked if this would affect police calls. Don Abbott, Director of Public Safety, said he has not seen any data nor has reports to show a difference in calls between 3.2 beer and strong beer. As in the past, the City will continue to have a police officer on duty to provide extra police presence. He does not anticipate any additional protection will be needed with this change. Councilmember Barnette asked for a definition of strong beer and wine. Chief Abbott said that a temporary liquor license would allow the sale of strong beer which would be anything over 3.2. A typical strong beer is between 4.4 -5.1 and wine is higher--up to 12%. Councilmember Bolkcom asked if the alcohol has to be served in a contained area. Chief Abbott said that applies to a few ordinances. With the ability to obtain a temporary license the City often puts conditions to the license. These conditions would include place, the vendor would have to follow certain rules like no trays of beer, alcohol consumption may not occur in parking lots in connection to bars etc. At Community Park the City asks organizations to specify where they will be serving before they are approved. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. First Reading of an Ordinance Amending the Fridley City Code, Chapter 506, Vehicle Parking Near Mailboxes. Don Abbott, Director of Public Safety, said currently there is no statute or provision in City Code preventing people from parking cars in front of curbside mailboxes. The USPS will not deliver mail when a car is parked so that access to the mailbox is blocked. Police receive several calls each year from residents whose mail delivery has been disrupted by cars parked by their mailbox. Police officers use the power of influence to resolve these issues, but lack enforcement authority to require compliance. Unfortunately, by the time a resident calls police on this issue, they have usually missed at least one day's mail delivery. It is a violation in several area cities to FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 12 park and block a mailbox (Blaine, Circle Pines, Lexington Spring Lake Park, Brooklyn Park, Champlain, Maplewood and Roseville). Chief Abbott said the proposed change would prohibit parking within 10 feet of a mailbox during hours during which mail delivery occurs. It would add the following section and language into Chapter 506.08 of the Fridley City Code: 18. Within ten (10) feet of any mailbox which is designated for the receipt of US Mail either incoming or outgoing from 8:OOam — S:OOpm, Monday — Saturday. Violation of this section would subject the vehicle's owner to a petty misdemeanor citation (omitted for First Reading — will add for Second Reading). Chief Abbott said this ordinance would give police officers and CSO's the ability to quickly and effectively resolve this issue. The Fridley Postmaster is supportive of this change. Staff recommends approval of the First Reading. Councilmember Bolkcom asked how people would find out about this because it will take away a significant number of street parking spaces. Chief Abbott said that public education is part of any new ordinance or code. In this case it would be accomplished by this meeting being published and the ordinance published. Warning tickets can be issued and so can a citation but first the officer will try to get the vehicle moved. William Burns, City Manager, said that there will be an article about this in the June newsletter. Councilmember Bolkcom asked how much a ticket would cost. Chief Abbott said that the fine has not been set by the court yet. The max would be $200 but parking tickets are considerably less. Once this is passed, they will notify the court of the ordinance and then they will set a fee. Similar violations are $25 to $100. Councilmember Bolkcom asked if it was a holiday if she could park there because there would be no mail. Chief Abbott said that currently public holidays are not exempt from this ordinance. Mayor Lund said it may be a good idea to exclude US Postal service holidays. Councilmember Bolkcom asked how many calls they get about this problem. Chief Abbott said they get about 12 calls a year, but it is hard to say as there is no way to track this type of violation. This is a good way to solve an issue that is irritating and an inconvenience to the homeowner who is not getting mail delivery. Councilmember Bolkcom said she wants to make sure people are aware of this change. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 13 Pam Reynolds, 1201 Norton Avenue, said she took a drive around the City and her street was not the only one with mail boxes on both sides. This limits parking, especially when there are driveways and fire hydrants that you cannot park in front of either. The cities that were listed who have this ordinance, many have specific hours, some say rural mailboxes and the Blaine language says they cannot obstruct with delivery of U.S. mail. Ms. Reynolds said that because of the way the mailboxes are set up throughout the city, it would ban parking on both sides of some streets. This is a little harsh. Whenever people have a festivity in their home they cannot have visitors park on the street between 8 and 5 which is an issue. This ordinance needs to be looked at a little closer because this will impose a total ban of parking on some streets in Fridley. Chief Abbott said it will be difficult to work with hours as the mail delivery time is different depending on where you live. MOTION by Councilmember Barnette to table the first reading of this ordinance until April 25, 2011. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Receive Bids and Award Contract for the 2011 Street Rehabilitation Project No. ST2011-01. Jim Kosluchar, Public Works Director, said the 2011 Street Proj ect for the Hyde Park Neighborhood will rehabilitate streets and includes reclaiming and paving neighborhood streets, replacing fire hydrants and repairing curbs. The work will be done in the Hyde Park neighborhood and on Main Street (57th Avenue to 61st Avenue). Mr. Kosluchar said that bids received from nine contractors and were opened on March 16. The two lowest bids were less than $6,000 (1%) apart. The low bid was in line with staff estimate from February (1% over). Mr. Kosluchar said Northwest Asphalt had the lowest bid. Past City projects they have done include mill and overlays, reconstruction, and utility work Staff has found Northwest Asphalt, Inc., to be generally thoughtful, flexible, and responsive. In 2010, they scheduled their work on 61st Avenue around `49er Days at the City's request. The quality of workmanship and materials are acceptable and past proj ects were completed as scheduled. Mr. Kosluchar said the schedule needs to be approved by staff. The gas main and service replacement will begin in April or May. The water, sewer, and curbing upgrades are expected in May or later and the pavement rehabilitation in June or later. The Main Street mill and overlay will be coordinated with the sidewalk project. Mr. Kosluchar said that staff recommends award of this project to Northwest Asphalt, Inc., of Shakopee, Minnesota, in the amount of $544,373.14. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 14 Councilmember Bolkcom said the original budget was $477,500. This is now $67,000 over budget and then there are always over runs. She asked if the higher cost was related to moving the high pressure main. Mr. Kosluchar answered yes, that amount was in the project cost and will be reimbursed. Councilmember Bolkcom asked if that would be coordinated with the sidewalks. Mr. Kosluchar said that an addendum was issued for that. Councilmember Bolkcom said that the sidewalk has no match on our part. Mr. Kosluchar said that is correct. Councilmember Bolkcom said there have been issues in the past and she asked if staff was comfortable with the specs and if the information was clear to the contractor. Mr. Kosluchar said the specifications have been tightened up. This creates higher costs but less risk and better project outcomes. MOTION by Councilmember Bolkcom to receive bids and award the contract for the 2011 Street Rehabilitation Project No. ST2011-01 to Northwest Asphalt, Inc., in the amount of $544,373.14. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. Second 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 the City of Fridley); and Adopt Official Title and Summary Ordinance. Councilmember Bolkcom said she saw that the part about swimming pools and playground equipment was added but asked where it said for single family homes. Scott Hickok, Community Development Director, said it was listed under Uses Permitted. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt Ordinance No. 1278 on second reading and adopt Ordinance No. 1278-5, the Official Title and Summary Ordinance and order publication. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 15 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Approve 2011 Reappointments to City Commissions. Councilmember Bolkcom said there was a discussion regarding attendance of inembers. She suggested approving the Parks and Recreation Commission reappointment because they had a meeting on April 4. MOTION by Councilmember Bolkcom to approve the reappointment of Michele Barrett to the Parks and Recreation Commission. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to table the remaining appointments until the April 11, 2011, City Council meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports. Councilmember Varichak said the Springbrook Nature Center is having a fundraiser event on April 9 at the Coon Rapids Community Center from 5:30 to 9:00 p.m. Scott Hickok, Community Development Director, said on April 16 a recycling event will be held from 9 a.m. to 1 p.m. Charges and items that can be dropped off will be posted on the website or people can call Rachel Harris at 763-572-3594. Councilmember Bolkcom said that a Block Captains meeting will be held on Tuesday at 6:30 p.m. Don Abbott, Director of Public Safety, said to call Myra Harris at 763-572-3629 for more information. Councilmember Varichak said that on April 9 there will be an event at the Anoka High School called "Anoka's Got Talent." This is a fundraiser for the Lee Carlson Center for Mental Health and Well Being. Tickets can be purchased through the Lee Carlson Center by calling 763-230- 7836. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF MARCH 28, 2011 PAGE 16 UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:45 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor � AGENDA ITEM CITY COUNCIL MEETING OF APRIL 11, 2011 CfTY flF FRIdLEY Date: April 5, 2011 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Sign Plan Amendment for Fridley Commerce Center at 201 57th Avenue NE (Building owned by Linn Companies) INTRODUCTION Steve Linn, of Linn Companies, and owner of the Fridley Commerce Center, located at 201 57th Avenue is seeking an amendment to the Comprehensive Sign Plan for his building. This building was constructed in 1999 as a multi-tenant building and as a result, a comprehensive sign plan was also adopted at that time to ensure signage consistency. SUMMARY Code Section 214.14, requires that shopping centers and multiple tenant buildings have a comprehensive sign plan approved by the City. The purpose of this requirement is to assure that buildings have well planned, aesthetically pleasing, and consistent appearance to the signage on the walls of their buildings. The proposed amendment will allow minor changes that the owner feels will update the signs to a more modern standard. The current plan requires internally lit neon signs and today's signs are typically lit with LED technology, which is more energy efficient and provides a longer product life. The other sign plan modification will be in relation to the color of the trim and returns around the letters. Currently, the plan requires "gold" trim, which the owner feels is generally an outdated look. As a result, the owner is allowing the tenant to make that decision, with his approval, which he says is typical with most franchise programs. The proposed amended sign plan will continue to meet all the City's criteria and a consistent look will remain for the signage of this building. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the proposed comprehensive sign plan amendment for Fridley Commerce Center at 201 57th Avenue NE. Fridley Commerce Center 201 57t Ave. N.E., Fridley, MN 55432 Signage Criteria General Tenants at Landlord's option may display an e�terior sign. All such signs shall be subject to the requirements and limitations as outlined hereafter. The furnishing and installation of a sign and the cost incurred shall be the responsibility of the Tenant. 2. Character, design and layout of signs shall be subject to the written approval of the landlord. 3. Tenant shall be allocated an area on the e�terior fa�ade of the Center to identify their Business consistent with drawings of building elevations showing tenant signage. 4. No sign shall be placed in final position without the written approval of the landlord, in addition to a City of Fridley approved sign permit. 5. Upon expiration or early termination of the Lease Term, Tenant shall remove the sign and repair all damages to the building caused thereby at his/her own expense. Sign Construction Specifications Tenant signs shall consist of internally illuminated channel letters mounted on a raceway. All signs shall be installed in compliance with municipal and electrical codes. Illuminated Letters Illuminated tenant signs shall consist of individually illuminated letters with 3/16" acrylic faces, (color of face to be tenant's choice), and 1" trim. Letter returns will be fabricated .040 aluminum with 5.5" return depth. Trim and return colors are subject to Landlord approval. Letters will be internally illuminated with neon or LED and be fully contained within the depth of the letter. Individual letters and electrical components shall be mounted to raceway; raceway will be finished to match building stucco color. Color specification will be provided by Landlord. Only the raceway shall be mounted to the building fa�ade. Illuminated letters shall not exceed 24" in height, and shall be mounted in center of space from top edge of window overhang to bottom edge of building trim, (see attached drawings). Tenant sign shall be placed no closer than 24" from either side of lease line or in an area designated by the Landlord. Tenants Allowable Sign Space Each tenant must not exceed the maximum square footage of building signage allowed by the City of Fridley, but in any event must not exceed fifteen times the square root of the linear length of the tenant's frontage. Prohibited Signs The following types of signs or sign components shall be prohibited: A. Paper or cardboard signs, stickers or decals used as signs, letters, symbols or identification painted directly on any surface of the premises. B. Signs of temporary character or purpose. Auxiliary signage used for grand openings or special events is subject to Landlord or municipal approval. C. Moving, flashing or flickering lights. D. Flood lighted signs. Sign Approval Procedure Tenant shall submit to landlord drawing and specifications. The drawings shall clearly show location of sign on the fa�ade, construction and attachment detail. Landlord will approve or disapprove within 5 working days of receiving drawings and specifications. Subject to city approval. � _ .::�� r �''�£ . � � y , r r, ::.' �.., ..+ �:> .. : �. �,:x- , s �x �' � �} :���xx� }. ' �I Sta�}!' �tr4tl'lb2r�, �ity c�f �ri�l�y 6�31 iir�iversityAvenu� I�E Fr��l��y, MP� 5�432 . . . _ _ � _ � r} lrru CJ `7 � ._.t`,. ��.... r F2'J �'��.E" :> . I t� � �,x'...._ �' E a',�� `i`. � -.. 3 ;r�.c'�c:} tp�„rC";t.',.:P•'. .: �� �} t,=""., �Sisi-1'�. �,?-'. �:'C,"'��=,.,!..��.F2�`?va 'vi,': � x 3 ..� -3'�= r C"j. , �.>:it t,.?.� �7_ u_ .7 � �a Thank �+c�� fa� y�ur help v��th th� prcacess c�f c��taini�� th� prc��ase� am�r��rnent to the sign c�it�ri� for �he b�i�ding k�c�vsrn �s Fridl�y ��amrr�erce Center �t �C�1 57t�' Ave� �E. s s rt� e a , . � � *� � � r e� ` ♦ ♦ a • - - s (f y�u h�ve any questio�s flr �one�rr�s ple�se fe�� fre� �c� �t�ntact m�. �"h�nl� �gain fc�r you assis nce, � � ___v-� .. . �, � ,� i� -! - Ste �n L. �'� � e�ic�enfi ik � � CfTY OF FRIaLE'f To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF APRI L 11, 2011 William W. Burns, City Manager Darin R. Nelson, Finance Director Debra A. Skogen, City Clerk April 5, 2011 Approval of Twin Cities Gateway Community Grant Funds Dispersal The City of Fridley is a member of Twin Cities Gateway (TCG), a Tourism Bureau which collects a 3% lodging tax on hotel/motel properties. TCG provides a Community Grant program to all member cities providing a minimum grant of $2000, and/or a percentage of the lodging tax each city brought in for the previous year, whichever is greater. As fiscal year 2010 ended in February of 2011. The Treasurer provided a report showing the 2010 lodging taxes which were received and provided the break-out for each community showing the amount of the 2011 Community Grant. The 2010 TCG lodging tax revenue was $588,633.23. Of that amount, the lodging properties in the City of Fridley contributed $31,266.77 or 5.3% of the total. Based on that information the City will receive a total Community Grant in the amount of $3,081.00. According to MN Statutes 469.169, the grant must be used, "for the purpose of marketing and promoting the City as a tourist or convention center." In other words, the grant should be used to increase visitation into and throughout the community. In the past the Fridley 49er's Committee has received the $2000 grant from Visit Minneapolis North and TCG for marketing their events. Due to the change in the grant amount and because of some of the other programs the community provides throughout the year, the information was shared with Jack Kirk, Parks and Recreation Director, for a recommendation. Jack Kirk's recommendation would be to allocate the TCG Community Grant as follows: Fridley 49er Days Springbrook Nature Center "Pumpkin Night in the Park" Winterfest.. Fridley Parks and Recreation Total Grant Funding $2,000.00 $ 540.50 $ 540.50 $3,081.00 Staff recommends a motion approving the disbursement of the TCG Community Grant as recommended above. � AGENDA ITEM � COUNCIL MEETING OF APRIL 11, 2011 °'� °F CLAI MS FRIaLE'f CLAIMS 150193 - 150448 •-+ N Fz a i U p � O�j � � O i 0. � I' U � � �i a � � F w �� � � � o � � u� � �� � �a� �W I � (� 1 \ t � I I [i] � �a i � � � a ai .-I � � N N I� m � � a q o : O a °� w a � ti 3+ o � m r� i � ui m � x N � U �r w .,, � Un i a o�� Fi W I � r rn a �i N �.7 � [�o p] o �n,7 �m R d' ,� Fi O U fY p .. � a � D � � G1 O F W' {1i M W ¢� U [� � w � � z FL' i Q i y � � � � I � [� I [a] � I x U 7., i �4 G1 � a , U Q i W U H � � H 2 0 � H U N w R H � a F � F+ � 0 C.1 � m�w n'ov�cvMC^�vr� r�m oo n7mm o00 00 oa ornmmmmrnmrnmm�� otir �o�o [� YCf n' W N H h d� [� h R� �9 l0 O O d' m b O� d' l!] If7 111 O O lp � W 61 01 Ol 61 Q] OI O e0 O tl1 T� Ol �Il N lil lfl O li1 d� .-I r+l h d' l0 L� N LD lC1 N O lIi ll1 O.-I T a0 W N N Sfl r+l M'-I .i .-I ri f`l ri 01 f�1 61 a5 .-I Q5 [Y N I� li 1 N Q1 Q� h N <N 01 O d� Ol O� f � C f�l O Lfl O d' 10 W Ill N O O O nl �'1 �"1 r'1 O f'1 N O rl h t�l [� N[V fV rW H .-I {� r-I N IS1 O N 01 r'1 m �-i ri m(�Y W rf .i r1 W r1 C� l� [� '� M N tV N N H N �I �-1 �I N N ri N ri e-I N N ,� r-1 e-I N N ri rV �I �] e-V �1 ri N c-] N.-+ ri r-I e-I N N e-i .-1 rl r1 ri r-I N � e--I ri ri ri r� e-I r-I .� ri e� '-I .-I .-f .-i ri ri ci r1 N rl .-I .i O O O 6 p O O O O O q O O O O o p p O O O O O O O O O O O O O O N N (V (V N CV N N (V N IV N N N N ry N N N N N N N N N N N (V N N N ry \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ M� m�nr�mmr� rt r� m r+im Mri �n r+i r�rnr� m mn� c�rh rim �� r�r� m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o n o 0 0 0 0 o a o 0 0 N ry N (V N N N .�-1 .� .-I �-I .i ri ri mmmmcoww �r r r�-��rr �n 1� [� l� h h f� [� v1 Ol N N N C�3 N ry N W M O O O O O O O � �p � .-i � � .i .a ,-a .� r .i 4 � r 0 0 Lrl ri �➢ ri O O r-I N �moa,��o �in�arvMNm O�' O H O O O O O M�`i �`l d' ri oo,-�0000n000000 0 0 0 0 0 0 o n o 0 0 0 0 0 � V N,� N w N.� m� v� r� r+� m� .-I � n1 ri d' [V N!+1 rY1 �+5 W d' V' V� 6 nl tl' N r-f a' M.� rl M d' d' V� O� �--1 �-I ri N r-f N O rl ri �'-I .-I .-I .-I W W W W it7 W G] fa] W W W W W i+] N F+N f-�F E EH HF FNEH £ � '£ �' � z'" $ $ E � � £ £ � � [7 t7 i9 C7 C7 C7 [7 L7 [7 [7 C� [9 [9 C7 W ��������s����� � wwmr�wwwwwwwwww H W ENH HFF FNE-�EFE FE R', � . vivinla�vlv�mvlv]ulmmmc/7 W 3 3 3 S 3 3 3 3 3� 3 3 3 3 O � � LlG-lfaFa f�OOqClt�ClqLlG1 E W � � ""'� d' U1 �' lf1 rn I-i H Fi H N i-e H H M H H H M H r1 jy o "'aaa���a �'� 10a � � � W� Maaaaa.zaaaaaaaa am O O W W[q [�7 k7�7 [� O CC o[q O .� .,' ti NO0000000pp p000 t�N rruc� .aaaawwwa �w .-� �v�cn ,�uv � �� ,�m�nmmmmmmm�u�cnmw ,-� cn rri S FC Ft a EC �C � z H t� t9 cn m m ��,� �� a�,an,aaa a � uu af �' a �a��a'�'��a�a�d���a��a � 0.S .] F E E E-< E-� f+ L E,� E F E-� F E F cC x` � fa] GI W W W W W 'S` L�s7 T, x 5� O O � UU r� w r-i r-iN H F; U} H UU U U G. ]FK �+5� �?+?+N?+}a?�?+>+7<>+Ya U F" �''�''�'�'p'�' UR � a+a �a *+ r EI-+NEHH FNFEFE EE W W 000n000 za � �£ �� � H� '�aaa,�aaaxaaaaar� �a �U�uuuu H�, oa `amwawawwaawa�w �h H ° �' W �' � tt A w � o � U �qz E a U N U - � H KC U a a � z i Ui U C7 � H C1 a � O W Hy � tz-� U W �0.' 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Joseph B Jenniges 205 5 Fire Inspector Ave Public Safet Seoul Foods, Kyung Ahn Community Development 1071 E Moore Lake Dr Fire Inspector Public Safet Babylon Grocery Nazar Alfahed Community Development 6566 University Ave Fire Inspector Public Safet Buffet's Inc. Old Country Buffet Community Development 6540 University Ave Fire Inspector Public Safet The Best of Thai, Inc. dba Taste of Community Development Thailand Toun Thanane Fire Inspector 7890 Universit Public Safet Quiznds Subs Hiep Pho Community Development 7610 University Ave Fire Inspector Public Safet Perkins & Marie Callender's , Inc. Community Development for Perkins Restaurant & Bakery Fire Inspector 7520 University Ave Public Safety Fridley Alano Society Community Development 6279 University Ave Fire Inspector Public Safety Maricopa Management, Inc.dba Community Development Zantigo Fire Inspector 255 57 Ave NE Public Safety Rinconcito Latino Restaurant Community Development Maria Baires Fire Inspector 7891 E River Road Public Safety Bon Appetit@ Medtronic Community Development 7000 Central Ave Employee Cafe' Fire Inspector Public Safety Bon Appetit @ Medtronic Community Development 710 Medtronic PKWY Employee Cafe' Fire Inspector Public Safety Bosnian Supermarket Community Development Sanel Hoso Fire Inspector 6237 Universi Ave Public Safet 2011-12 License Renewals TYPE OF LICENSE: APPLICANT: APPROVED BY: Food Establishment (cont) Mc Donald's Community Development Mark Wheeldon Fire Inspector 244 57t'' Ave NE Public Safety Mc Donald's Community Development Mark Wheeldon Fire Inspector 8100 University Ave Public Safety Wendy's Community Development Daniel Opitz Fire Inspector 7601 Viron RD NE Public Safety Border Foods, dba Community Development Taco Bell #20117 Fire Inspector 7295 University Ave Public Safety Bob's Produce Ranch Community Development 7620 University Ave Fire Inspector Public Safety Dolly Belle LLC dba Dunn Bros. Community Development Coffee Fire Inspector Steven Gudim Public Safety 7610 Universi Ave Wongs Gourmet Community Development Zhi H Wu Fire Inspector 1254 E Moore Lake Dr Public Safet Fourteen Foods, dba Community Development Dairy Queen Fire Inspector 225 Osborne Rd NE Public Safety Mike's Discount Foods Community Development Mike Abernathy Fire Inspector 230 Osborne Road Public Safety Cronie's Pizza (replaces Uncle Buddies Community Development Pizza) Christopher powns Fire Inspector 317 Osborne Road Public Safety Burger King #13091 Community Development 289 57t'' Ave NE Fire Inspector Public Safety Ricky's Embers America Community Development Joseph Rickenbach Fire Inspector 5400 Central Public Safety LTF Club Operations Company, Inc Community Development Life Cafe Life Time Fitness Fire Inspector 1200 E Moore Lake Public Safety Hong Kong Kitchen Community Development Xi Ming Guan Fire Inspector 6562 Universi Ave Public Safet College Town Pizza, Inc. dba Community Development Dominds Pizza Fire Inspector 7510 Universi Ave Public Safet Food & Tobacco Wal-Mart Stores, Inc. Wal-Mart Community Development Store # 1952 8450 University Ave Fire Inspector Public Safet 2011-12 License Renewals TYPE OF LICENSE: APPLICANT: APPROVED BY: Food & Tobacco (cont) Mr. Discount Tobacco & Grocery Community Development Bilal Haidairi Fire Inspector Public Safet Walgreen's #04697 Community Development 6525 University Ave Fire Inspector Public Safet CVS Community Development 5696 University Ave Fire Inspector Public Safet Food, Tobacco & Gasoline Bona Brothers, Food & Fuel Community Development John Bona 5311 University Ave Fire Inspector Public Safet University Holiday Market Community Development Andrea K Drake Fire Inspector 7295 Universi Ave NE Public Safet Holiday Station Store #118 Community Development 200 57 Ave Fire Inspector Public Safet Holiday Station Store #188 Community Development 5695 Hackman Fire Inspector Public Safet East River Road Spur, Inc Community Development Fridley BP Fire Inspector Youssef Ramayti Public Safety River Boat Food & Fuel Community Development River Boat Grill Fire Inspector Mohamed Zaro Public Safety 7883 E River Rd Super Stop Community Development Raees Chohan Fire Inspector 5300 Central Ave Public Safet Kadi Brothers, Inc. dba Amore's Community Development Fuel N Tobacco Fire Inspector 7298 Highway #65 Public Safety Tobacco License Fridley Liquor #3 Community Development 248 57t'' Ave NE Fire Inspector Public Safety Fridley Liquor #2 Community Development 6289 Highway 65 Fire Inspector Public Safety Massage Therapv Julie Elise Kemples —Therapist City Clerk Virginia Piper Cancer Institute Public Safety Uni Hos ital Hawkins Healing —Deanna J. Hawkins City Clerk Therapist Public Safety 7091 Highway #65 # 105 2011-12 License Renewals TYPE OF LICENSE: APPLICANT: APPROVED BY: Massage Therapv (cont) Bridget Wickstrom — Therapist City Clerk Life Balance Thera eutic Public Safet Salon Amore' City Clerk Kelli Portatz Public Safety 1278 E Moore Lake Pawn Shop Cash-N-Pawn of Minnesota dba Public Safety Max it Pawn 7300 University Ave Managerial License: Jason Dillard & James Thomas Pawn America Public Safety 789 53 Ave Ne Managerial License: Adreinne L. Oxley, Christopher Bahl & Ste hanie L. O'Keefe Food and Off-Sale 3.2% Malt Target Corpration dba Police Department Li uor Target Store T-2200 Fire Department 755 53rd Avenue NE Cit Clerk Food, Tobacco and Fridley 1998 LLC dba Cub Foods Police Department Off-Sale 3.2% Malt Liquor 246 57th Avenue NE Fire Department Cit Clerk Sam's West Inc dba Sam's Club #6310 Police Department 8150 University Avenue Fire Department Cit Clerk Food, Retail Gas, Tobacco and 4 Corners Gas & Convenience Police Department Off-Sale 3.2% Malt Liquor Steven Haw Owner Fire Department 1301 Mississi i Street Cit Clerk Erickson Oil Products dba Police Department Freedom Valu Center #58 Fire Department 7600 Universit Avenue Cit Clerk Food, Retail Gas, Tobacco and Northern Tier Retail LLC dba Police Department Off-Sale 3.2% Malt Liquor Super America #4199 Fire Department 7299 Hi hwa 65 Cit Clerk Northern Tier Retail LLC dba Police Department Super America #4175 Fire Department 5667 University Ave City Clerk Northern Tier Retail LLC dba Police Department Super America #4207 Fire Department 7449 East River Road City Clerk Refuse Hauler, Garbage Trucks Ace Solid Waste Public Safety Roll-Offs Recycling Coordinator City Clerk Allied Waste Services, LLC Public Safety Recycling Coordinator City Clerk Shamrock Disposal, INC Public Safety Recycling Coordinator City Clerk 2011-12 License Renewals TYPE OF LICENSE: APPLICANT: APPROVED BY: Refuse Hauler, Garbage Trucks Tennis Roll Off, LLC Public Safety Roll-Offs (cont) Recycling Coordinator City Clerk Walters Recycling & Refuse Public Safety Recycling Coordinator City Clerk WTI-LLC Waste Technology, Inc Public Safety Recycling Coordinator City Clerk Aspen Waste Systems, Inc. Public Safety Recycling Coordinator City Clerk Premier Waste Services Public Safety Recycling Coordinator Cit Clerk Dick's Sanitation Service, Inc. Public Safety Recycling Coordinator Cit Clerk Viet Cont Corp, dba Veit Disposal Public Safety Recycling Coordinator Cit Clerk All-Ways hauling, Inc. Public Safety Recycling Coordinator Cit Clerk Veolia Environmental Services Public Safety Recycling Coordinator Cit Clerk Randy's Sanitation, Inc. Public Safety Recycling Coordinator Cit Clerk Le Page & Sons Public Safety Recycling Coordinator Cit Clerk Gasoline Sales — Private Pump Determine Brownie, Inc. Community Development 1241 72"d Ave NE Fire Inspector Public Safety Hotel / Motel License Budget Host Inn Community Development Divyesh Bhakta Fire Inspector 6881 Hw . #65 Public Safet Auto Bodv Repair Abra Auto Body & Glass Public Safety Abra Minnesota, Inc Community Development 7710 Universi Ave Fire De artment Mc Clure Automotive, Inc dba Public Safety MACCO Collision Repair & Community Development Painting Fire Department 148 Osborne Road 2011-12 License Renewals TYPE OF LICENSE: APPLICANT: APPROVED BY: Auto Bodv Repair (cont) Newman Automotive, LLC Public Safety Fridley Auto Body Community Development 960 Osborne Rd Fire De artment Auto Body with Used Vehicle Fridley Motor Company dba Public Safety License Friendly Chevrolet, Inc Community Development 7501 Hi hwa 65 NE Fire De artment Used Motor Vehicles Midwest Car Search Public Safety Scott Spica Community Development 990 Osborne Road Junk Yard A ABCO Fridley Auto Parts Community Development Derek Haluptzok Fire Inspector 7300 Central Public Safety B1dg.Inspector Used Motor Vehicle & Junk Yard Copart Community Development 3737 E River Rd Fire Inspector Public Safety B1dg.Inspector Tree Removal & Treatment Arbor Design Tree Service, Inc dba Public Safety Arbor Tree Service Public Works Louis Lawrence Arbortech Stump & Tree Removal Public Safety Christopher Bipes Public Works Bartlett Tree Experts Public Safety Mark Madsen Public Works Central Minnesota Tree Service Public Safety James Savre Public Works Precision Landscape & Tree Public Safety Christine Groholski Public Works Metro Tree & Stump Service Public Safety Mike Straus Public Works Terras Canopies Public Safety Phili Castano Public Works Rainbow Tree Care Public Safety Ben Coo er Public Works Timberline Tree Service (new) Public Safety Karl Brogren Public Works 2011-12 License Renewals � AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 11, 2011 °'�°F LICENSES FRIaLE'f Contractor T e A licant A roved B Albrecht Si n Com an Inc Si n Tom Albrecht Ron Julkowski, CBO Buberl Recycling & Composting Inc Wrecking Robert Buberl Ron Julkowski, CBO Clear Choice Windows Commercial or S ecialt Brian O'Gea Ron Julkowski, CBO Corval Construction Inc Heatin Pamela Johnson Ron Julkowski, CBO Corval Construction Inc Gas Pamela Johnson Ron Julkowski, CBO Corval Construction Inc Commercial or Specialty Pamela Johnson Ron Julkowski, CBO D& M Mason Inc Wreckin John Duf Ron Julkowski, CBO D& M Mason Inc Commercial or S ecialt John Duf Ron Julkowski, CBO Fireplace Gallery Heating Mike Moriarty Ron Julkowski, CBO Frankensigns Inc Sign Erector Mike Johnson Ron Julkowski, CBO K& B Mechanical Heating William Miller Ron Julkowski, CBO Metro Sheet Metal Inc Heatin Michael Dobihal Ron Julkowski, CBO Morcon Construction Commercial or Specialty Hans Madsen Ron Julkowski, CBO Phoenix Construction Commercial or Specialty Alex Happ Ron Julkowski, CBO S ri s Plumbin & Heatin Inc Gas Michael Dobihal Ron Julkowski, CBO � � CfTY OF FRIaLE'f Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF APRIL 11, 2011 Apri16, 2011 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Continued Public Hearing for TA #11-03, Northstar Transit Oriented Development District Background On February 7, 2011, the City Council held the public hearing for Text Amendment TA #11-03, an amendment to the Zoning Code proposed by staff to create an overlay zoning district that is designed to be transit friendly. Due to the testimony received at that public hearing, the City Council voted to continue the public hearing until the April 11, City Council meeting, asking staff to hold additional meetings with the property owners affected. Staff held two meetings, one in the afternoon and one in the evening on Monday, March 7. There were 9 participants besides Council and staff at the afternoon session and 18 at the evening session. Some participants attended both sessions. Participants were asked to voice their concerns at the beginning of the meeting, a presentation was then given by staff, and the questions answered. For the folks attending the meetings, staff clarified several points, including: 0 What the plans are for 57t'' Avenue in the 2030 Comprehensive Plan, and why the connection between the Northstar Station and 57t'' are important. 0 There's no tax impact to Fridley tax payers by the TOD requirements. The TOD code requires developers to pay for infrastructure improvements and maintain them, taking that financial burden away from the City. 0 The private market will drive where development will occur. The TOD code will control the structural design of new development to ensure it supports multi-modal transportation, and design consistency. 0 Redevelopment of rental housing in Hyde Park to a different housing type (owner-occupied townhomes or accessible, attached, senior housing) is allowed with the TOD overlay within specified design criteria. Currently, the neighborhood is lacking life-cycle housing. Without the TOD overlay zoning, this type of housing is not allowed in Hyde Park. 0 The 15' front yard setback requirement in TOD code would not apply to individual single family homes being remodeled or rebuilt. They would need to abide by the 25' front yard setback. 0 Staff's suggestion to modify the building height exception for Hyde Park to state that the 45' height would only be allowed if a development included tuck-under or underground parking. No new points of concern regarding the text language were raised at the March 7t'', meetings. Regardless, staff has continued to analyze the proposed TOD code to see if sections need further clarification. As a result, besides changing the wording under Section 20533.08.C, Height, staff proposes to also modify the wording of Section 20533.07, Process for TOD Plan Approval, to clarify that single family housing in Hyde Park is exempt. More significant wording changes are suggested for Section 205.33.08, Design Criteria, to again clarify that the TOD code criteria does not apply to individual single family properties. The changes in these sections have been noted in the attached ordinance draft. Some residents simply want Hyde Park removed from the proposed TOD District. Most Hyde Park opponents fear the TOD code will bring more rental housing into the neighborhood. Staff suggests that the proposed TOD code will allow some of the existing rental housing to convert to an owner-occupied type of multi-family housing in the future. The private market will determine if that happens, but without the proposed TOD code, the existing rental housing will continue to decline. Recommendation Staff recommends that the City Council complete the public hearing to see if there is any new information to be heard regarding TA #11-03. The next step in the process is to hold the first reading ofthe attached ordinance at the next Council meeting. ORDINANCE NO. AN ORDINANCE CREATING CHAPTER 205.33 O-8 OF THE FRIDLEY CITY CODE PERTAINING TO NORTHSTAR TRANSIT ORIENTED DEVELOPMENT OVERLAY ZONING DISTRICT REGULATIONS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley Zoning Code be hereby amended as follows: SECTION 205.33 O-8 NORTHSTAR TRANSIT ORIENTED DEVELOPMENT OVERLAY DISTRICT REGULATIONS 205.33.01. BACKGROUND AND AUTHORITY The City of Fridley finds that Transit Oriented Development benefits the general health and welfare of the inhabitants of Fridley by fulfilling existing housing, transportation and employment needs. Therefore, the City of Fridley implements this overlay district which designates a portion of the City as a Transit Oriented Development District ("TOD" District) in an effort to support all modes of transportation. This overlay district is adopted per authority granted by the City of Fridley in Minnesota State Statutes Chapter 462. 205.33.02. PURPOSE The purpose of this overlay zoning district is to: A. Implement code requirements that will encourage dense, mixed use, pedestrian-friendly development within a one-half mile of the Northstar Commuter Rail Station in Fridley. B. Create multi-modal connections to the Fridley Northstar Commuter Rail Station that allow for safe access to the station no matter what means of transportation someone uses. C. Create a neighborhood identity with the Northstar Station that promotes the use of mass transit, human interactions, safety and livability. D. Reduce automobile dependency by locating a variety of land uses within a half mile of the train station. E. Provide life cycle housing for people of different income levels and housing space needs within one half mile of the train station. 205.33.03. DISTRICT BOUNDARY The TOD Overlay District consists of those areas shown on Appendix A to this Chapter, entitled Northstar TOD Map, which is on file with the City Clerk and dated [INSERT DATE MAP IS ADOPTEI? BY,THE CITY]. 205.33.04. DEFINITIONS The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning; 1. Drive-Through Service A type of service provided by a business that allows occupants of a motor vehicle to receive or obtain a product or service through a building opening without leaving the vehicle. 2. Mixed Use Structures A building or development that contains two or more different uses such as, but not limited to, residential, commercial, industrial, or public facilities. 3. Primary Street The street adjoining the properiy which has the highest traffic counts. 4. Zero Lot Line Setback The location of a building on a lot in such a manner that one or more of the building's e�terior edges rest directly on a side property line. 205.33.05. USES PERMITTED Permitted uses in the O-8 TOD Overlay District are those uses which are acceptable to the overall redevelopment plan and specific development plans as approved by the City. Upon approval of the specific development plans, the City shall determine the specific uses that are permitted within the development. Mixed use structures do not require a special use permit as underlying zoning requirements may require. 205.33.06. USES EXCLUDED A. Uses which may be dangerous, create annoying odors, noise disturbances or be otherwise detrimental to the general welfare of persons residing or working in the vicinity thereof or may impair the use, enjoyment, or value of any property. B. Trucking Terminals C. Uses whose operation requires the outdoor storage of materials or equipment, including the outdoor manipulation of said materials or equipment. D. Uses whose principal operation requires the outdoor storage of motor vehicles, including the outdoor manipulation of said motor vehicles. 205.33.07. PROCESS FOR TOD PLAN APPROVAL A. Plans for each individual project or combination of projects in the TOD District must be submitted upon payment of any required fee as provided in Chapter 11, except plans for individual, detached, single family housing construction projects in the Hyde Park zoning district� which are �€ exempt from the TOD plan review process. Project plans will be reviewed by the Planning Commission, who will provide a 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) Scalable 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 project compatibility to the overall Transit Oriented Development District. (3) Review and recommendation to the City Council from the Fridley Housing and Redevelopment Authority (HRA). C. Any substantial modification to the plan must be submitted through the Planning Commission and approved by the City Council. 205.33.08. DESIGN CRITERIA All �'°- °'^rm°r+ rr^r^°^'° � r new development or redevelopment TOD proposals �+'�°��°�� requirin� a buildin� permit after the effective date of this ordinance must meet the following design criteria standards designed to enhance the pedestrian scale and safety of the development. Sin�le family construction projects located within the Hyde Park Zonin� Overlay District are exempt from followin� the TOD desi�n standards. In situations where an existing building is being partially expanded, the new standards will only apply to the new addition, except as provided in Section 20533.08.B, Setbacks. Dimensional Requirements A. Lot Coverage Lot coverage may exceed 40% in cases where vehicle parking is shared, underground, or structured, provided all landscaping requirements are met. Allowances exceeding the 40% lot coverage limit will be made in designs that finance the creation and maintenance of public open space for commuters nearby. Alternative storm water treatment methods such as permeable pavers, porous asphalt, vegetated roof areas, especially at the top of structured parking facilities, and other innovative techniques to reduce stormwater run-off are encouraged. B. Setbacks Exceptions to the following setback requirements will be granted to building additions to structures located on property zoned M-2, Heavy Industrial, at the date of the creation of this TOD zoning district. (1) Front Yard a. Except for individual, detached, single-family homes in the Hyde Park overlay zoning district, buildings shall be set back no further from the front property line than 15 feet. b. Corner Lots: On corner lots, the buildings shall have front and side facades aligned no further back than 15 feet from the corner lot lines. c. Double Frontage: In cases of double frontage, buildings on both fronts may be set back at 15 feet. On three or four-sided lots, buildings would not be required to meet the minimum 15 foot setback on more than one corner. (2) Side Yard Buildings may be set back as close as 15 feet to the property line. On corner lots, the maximum allowable building setback is 15 feet. Zero lot line setbacks are encouraged. (3) Rear Yard Buildings may be set back as close as 15 feet to the property line. C. Height The height limitations of the underlying zoning district shall apply except in the Hyde Park Zoning District, where a building height of 45 feet shall apply if a development includes tuck-under or under�round parkin�. Building Design A. Entrance Orientation Primary building entrances on all new buildings shall be oriented to the primary abutting public street. Additional secondary entrances may be oriented to a secondary street or parking area. Entries shall be clearly visible and identifiable from the street, and delineated with elements such as roof overhangs, recessed entries, landscaping, or similar design features. B. Fa�ade Articulation Building widths of 40 feet or less are encouraged. New buildings of more than 40 feet in width shall be divided into smaller increments, between 20 and 40 feet in width, through articulation of the fa�ade. This can be achieved through combinations of the following techniques, and others that may meet the intent of this section. (1) Fa�ade Modulation — Stepping back or extending forward a portion of the fa�ade (2) Vertical Division — Using different te�tures or materials, provided materials are drawn from a common palette) . . . xx::xxx::x::x::x::x::x::x::x::x::xxxxx::x::x::xxxxxxxxxxxxxxxxxxxxxx�xxxxxx�� (3) Storefronts — Division of building '° " = xx�� face into distinct storefronts with ' �. separate entrances and display � windows � ` "� � ' � ..... .... . . . , wm �.� �, (4) Roof Lines — Varied roof lines with alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval (5) Articulation Interval — Placement of arcades, awnings, window bays, arched windows, or balconies at intervals equal to the articulation interval C. Building Face No blank walls shall be permitted to face the public street, sidewalk, or other public spaces, such as plazas. Elements such as windows, doors, columns, changes in material, and similar details should be used to add visual interest. Buildings shall be designed with a base, middle, and a top, created by variations in detailing, color, and material. Articulated tops shall be considered in the design of all new buildings. This articulation may consist of pitched roofs, dormers, gable ends, or cornice detailing. The base of the building shall include human scale elements, such as doors, windows, projections, awnings, canopies, and ornamentation. D. Door and Window Openings In new commercial, mixed-use and civic buildings, window and door openings shall comprise at least fifty (50) percent of the length of the main floor of the primary street fa�ade. Window openings shall be located at a pedestrian sight level. (1) Windows shall be designed with openings that create a strong rhythm of light and shadow. (2) Glass on windows and doors on the primary street fa�ade shall be clear or slightly tinted, allowing views into and out of the building interior or, as an alternative, used as display windows enclosed by walls inside the building. Where security needs warrant it, Spandrel glass may be used in the primary street fa�ade windows subject to City approval in the plan review process. (3) Window shape, size and patterns shall emphasize the intended organization of the fa�ade and the definition of the building. E. Loading Docks Outside loading docks shall be located in the rear or side yard and be screened from view from any public right-of-way. The space needed for the loading dock must be adequate to handle the loading and unloading needs of the building without obstructing the public right-of-way. F. Building Materials All buildings except single family shall primarily be constructed of high-quality materials such as brick, stone, textured cast stone, EFIS, or tinted masonry units. The following materials are generally not acceptable: Plain or painted concrete block, sheet metal panels, reflective glass, or aluminum, vinyl, fiberglass, asphalt or fiberboard siding. Parking structures shall be constructed with building materials that are architecturally compatible with the adjoining structure(s). G. Refuse/Recycling Storage Multi-tenant buildings shall share a common refuse/recycling storage area. Refuse/recycling collection areas must be screened from view form any public right-of-way and are encouraged to be enclosed inside a building. 205.33.09 Parking Requirements A. Reduction of Parking Reduction of the parking stall dimensions and number of parking stalls required in the underlying zoning district may be allowed due to the nature of the proposed use or agreements in place with surrounding businesses for shared parking. (1) The number of required parking stalls may be reduced by no more than 50% of the minimum required in the underlying zoning district for the proposed use. (2) The maximum number of parking stalls shall not exceed 120% of the minimum number of parking stalls required by the use in the underlying zoning district. This maximum provision shall not apply to park-and-ride or other transit facilities. (3) Off-street surface parking is not permitted between the front fa�ade and the primary street. Parking may be located in the rear or side yard. (4) Bicycle parking shall be provided as a component of all parking facilities as a ratio of one bicycle space per 20 automobile spaces. Bicycle parking must be provided within view of each business front entrance. Adjoining businesses may share common bicycle parking areas. B. Additional Parking When the provisions for parking space required are inadequate, the City may require that additional off-street parking be provided. C. Drive-Through Service Drive-through service designs are allowed and will not require a special use permit as underlying zoning may require. 205.33.10 Landscape and Streetscape Requirements Landscaping A. Scope A landscaping plan shall be submitted according to the requirements of the underlying zoning district, except for as provided in Section 205.33.10.B. L Mixed use projects must have a unified landscaping scheme. The landscaping requirements in this Chapter will only apply to new construction projects or projects where existing buildings are expanded to the reduced 15 foot setback. B. Plant Materials Substitutions The landscaping requirements in the underlying zoning district shall apply to properties in the TOD Overlay District with some exceptions. 1) TOD landscape plans for redevelopment of property located in the underlying Hyde Park zoning district must follow the landscape requirements for the zoning district that most closely represents the use proposed. 2) In the TOD Overlay District, one ornamental tree will count as one over-story deciduous tree. In addition, ornamental trees may exceed 50 percent of the required trees. 3) Due to the amount of hardscape needed for pedestrian walkways, if the level of open space for planting restricts the ability to provide adequate growth space for tree roots, shrubbery planting beds and flower beds may also be substituted for over-story trees at a rate of 36 square feet per tree. 4) Decorative walkway light poles meeting the TOD design specified for the TOD district may be substituted at a ratio of one light pole for two trees if the site design warrants additional walkway lighting. 5) Street-side sculptures, large planters, hanging flower baskets, light pole banners, clock towers, arbors, seating benches, or similar ornamentation may be considered as substitution to meet landscaping requirements. If it is not feasible to meet the landscaping requirements of the underlying zoning district with the allowed substitutions above, the City may approve a monetary payment per fees established in Chapter 11 into the TOD Capital Project Fund for the purpose of funding streetscape amenities within the street rights of ways within the TOD overlay district. C. Water Drip irrigation systems are encouraged to reduce water consumption and to prevent wet walkways. Alternative storm water treatments such as permeable pavers, porous asphalt, vegetative roof areas and other innovative techniques to reduce storm water runoff are encouraged. Streetscapin g A. Sidewalks Sidewalks of a minimum five foot width must be provided on all street frontages. Sidewalk design detail will need to be approved by the City in accordance to TOD streetscape design on public right of ways adjacent to the proposed development. Paved connections, also a five foot minimum width, to building entrances, crosswalks, and adjacent bus stops must also be incorporated into any site design. A colorized pavement pattern connecting the sidewalk on each side of the driveway shall be incorporated into driveways, warning drivers of the sidewalk connection on each side of the driveway. Such connection shall be accessible. B. Lighting Lighting types, styles, and colors shall be coordinated with the overall design of City-installed lighting in the TOD District. Pedestrian-oriented lighting is required on all streets, trails, sidewalks, and public gathering places within the district. A lighting plan and fixture specification schedule shall be included in the documents submitted to the City for approval. C. Signs Changeable electronic signs will not be allowed in the TOD District. Door and window awnings are encouraged and will not count towards wall signage percentage allowed on a building face. D. Fencing Decorative fencing incorporated into landscape designs shall be of the same color, type, and style used in the adjacent TOD streetscape or of similar design approved by the City. E. Outdoor Dining Outdoor dining areas may be incorporated into the front and side yard setbacks up to five feet from the property line, leaving five feet for the sidewalk. The dining area shall be designed with safety protections that reasonably attempt to prevent vehicles from accidentally encroaching into the dining area. Store locations that serve alcohol must apply for a patio endorsement on their liquor license, but relaxation of screening requirements may be considered by the City in the TOD District. F. Farmer's Market Parking areas may be used for seasonal weekly open air markets to sell produce, crafts, and flowers with a special use permit. The special use permit will supersede any underlying zoning requirements for outdoor sale licenses. In order to qualify for the special use permit, the market must not interfere with traffic patterns and adequate parking must be available for the other uses on the site. There must also be safe separation between market users and vehicular traffic. Sale equipment shall meet all applicable building, fire, and electrical codes, and any requirements of the Anoka County Health Department and the Minnesota Department of Agriculture. 205.33.11 Maintenance In addition to the maintenance requirements of the underlying zoning district, property owners in the TOD district are required to maintain the landscape and streetscape abutting their property. This includes the removal of debris and snow on trails and walkways and at bus stops and the irrigation of planters on their own private property and those in the public right-of-way adjoining the property. Further details of the maintenance requirements shall be addressed in a development agreement approved by the City. 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: First Reading: Second Reading: Published: � � CfTY flF FRIaLE'f AGENDA ITEM CITY COUNCIL MEETING OF APRIL 11, 2011 To: William W. Burns, City Manager From: Jack Kirk, Director of Parks and Recreation Date: April 4, 2011 Re: Second Reading of Proposed Ordinance Amending Chapter 508 of the Fridley City Code Allowing for the Temporary Sale of Strong Beer and Wine at Commons Park and Community Park During Community Festivals At the March 28, 2011, City Council meeting, Councilmember Bolkcom suggested that the description of "nonprofit public or private organizations" referred to in the ordinance was not clear. The question arose as to whether or not the private organizations described in the ordinance were also expected to be nonprofit. As per the discussion at the meeting, the wording has now been changed to read "nonprofit public and nonprofit private organizations". This change has been made in five places in the proposed ordinance. The other area of discussion at the last City Council meeting had to do with the statement that defined community festivals. The current wording in the ordinance related to community festivals was decided upon three years ago when this ordinance was last amended. The wording was chosen to indicate that not all events, in fact very few events, will actually qualify as having broad community appeal such as Fridley `49er Days. The wording gives the City Council control on this and gives them the opportunity to make the determination as to whether or not an event qualifies as a community festival. The current definition of community festival that is in the ordinance was developed by staff in consultation with our City Attorney, Mr. Knaak. I have discussed the item with him again this week and he would recommend that we leave the wording as it is. He stated that the current wording "gives the City Council full control and discretion over what constitutes a festival and who can run one". If the City Council is uncomfortable with the current definition of community festivals, then it would be my recommendation that we change the wording to limit the beer and wine sales to Fridley `49er Days, which is currently our only citywide festival. This would then prohibit sales of beer and wine at any other future events/festivals at Commons Park, unless the ordinance would once again be amended. The proposed wording changes for the ordinance change are on the attached pages. I am recommending the City Council amend Chapter 508 of the Fridley City Code related to alcoholic beverages in the City Parks. Please let me know if you need any additional information on this recommended change. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 508 OF THE FRIDLEY CITY CODE ALLOWING FOR THE TEMPORARY SALE OF STRONG BEER AND WINE AT COMMONS PARK DURING COMMUNITY FESTIVALS. The City Council of the City of Fridley hereby finds, after review, examination and recommendation of the Fridley Parks and Recreation Commission and staff, that the Fridley City Code be hereby amended as follows: CHAPTER 508. PARKS AND PARKWAYS 508.21. ALCOHOLIC BEVERAGE It shall be unlawful for any persons to have in their possession or to consume any intoxicating liquor or 3.2% malt liquor in or upon any City park or bathing beach, except as provided in subdivisions 1, 2 and 3 below: (Ref 1239) 1. Notwithstanding laws to the contrary, possession and consumption of 3.2% malt liquor is permitted in Locke Park. 2. The City Council may grant permission to consume 3.2% malt liquor in City parks to neighborhood groups. 3. Notwithstanding any laws to the contrary, upon approval of the City Council and issuance of a temporary on-sale license for the sale of 3.2% malt liquor, a club, charitable, religious or nonprofit public or nonprofit private organization may sell and allow buyers to consume 3.2% malt liquor in Community Park. �r� r^mm^r° "�r-�-��r° �r� ^ rt�e�r��,?� m��* �;^„^r > > � �p°^' ""�,a r",��c�t�e�g�-��°�'�C'�«rc�l�te€���� 4. Notwithstandin� anv laws to the contrarv, upon a�roval of the Citv Council and issuance of a temporary on-sale intoxicatin� liquor license, as provided for in Chapter 603 of the Fridley Citv Code, for the sale of stron� beer and wine, a club, charitable, reli�ious or nonprofit public or nonprofit private or�anization may sell and allow buyers to consume stron� beer and wine at Commons Park and Community Park Sale and consumption of stron� beer and wine at Commons Park and Community Park shall be limited to that occurrin� durin�, and as part of, a community festival. Community festivals shall include Fridley 49er Days and other festivals of broad communit��peal and participation as desi�nated by City Council. 5. Notwithstanding any laws to the contrary, malt liquor or wine, as defined by Minnesota State Statute 340A, may be sold and or consumed for receptions or social events within the Springbrook Nature Center Interpretive Building and/or in an adjacent outdoor designated space allowed only by special permit under the following conditions: (Ref 1239) A. Upon issuance of a temporary on-sale intoxicating liquor license as provided for in Chapter 603 of the Fridley City Code, a club, charitable, religious or nonprofit public or nonprofit private organization may sell and allow buyers to consume malt liquor and/or wine. B. Upon issuance of a temporary on-sale 3.2% malt liquor license, as provided for under Chapter 602 of the Fridley City Code, a club, charitable, religious or nonprofit public or nonprofit private organization may sell and allow buyers to consume 3.2% malt liquor. C. A club, charitable, religious or nonprofit public or nonprofit private organization may allow guests to consume malt liquor or wine at their own organizational social gathering. D. A private party may contract with a City of Fridley approved licensed caterer to allow their guests to purchase and or consume malt liquor or wine if they are renting the Springbrook Nature Interpretive Building for a reception or social event. 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: Publicarion: � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF APRIL 11, 2011 William W. Burns, City Manager Darin R. Nelson, Finance Director Jim Erickson, IT Manager April 11, 2011 Connectivity Services Agreement with Anoka County for Broadband Services Back on February 14th, staff provided the Council with a presentation on the Connect Anoka County project. The presentation included representatives from Anoka County, including commissioner Kordiak Due to some last minute changes to the agreement just prior to the February 14th council meeting, staff felt that it was in the city's best interest to table the agreement to March 14tn However, as of the March 14th council meeting, the county had yet to finalize a uniform agreement amongst all the entities. Rather than approving an agreement that may need to be amended in the near future, staff recommended tabling the agreement until April l ltn A uniform agreement has now been finalized and prior outstanding issues have been addressed. The main issue that held this agreement up was the lack of language addressing an entity's cable franchising authority. Language has since been added that states "nothing in this agreement affects or limits the city's cable franchising authority or other authority to manage and regulate ZAYO's use of public rights of way". Our city attorney has opined at this point there is no conflict between this agreement and the franchise with Comcast and the city can move forward without any renegotiation or concessions to Comcast. As you may recall, 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 project, 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 project 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 T1 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 2 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 proj ected $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 requesting approval of the connectivity services agreement with Anoka County for broadband services at specific co-location sites throughout the City. Please note Attachments G& H are not included in this packet. Attachment G is a Wholesale Master Service Agreement between Anoka County and Zayo Bandwidth, and Attachment H is the Master Fiber IRU Agreement between Anoka County and Zayo Bandwidth. These attachments are not included in the memo in order to save printing costs and are available upon request. Please contact the city manager if you would like copies of these documents. � '�� Attachments RESOLUTION NO. 2011 - A RESOLUTION AUTHORIZING THE CITY OF FRIDLEY TO ENTER 1NT0 A CONNECTIVITY SERVICES AGREEMENT WITH COMMUNITY ANCHOR 1NSTITUTION(S) FOR BROADBAND SERVICES AT CO-LOCATION SERVICE SITE(S) WITH ANOKA COUNTY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Zayo Bandwith 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. Resolution No. 2011- Page 2 NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley is authorized to enter into a Connectivity Services Agreement with Community Anchor Institutions for Broadcast 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 11 TH DAY OF APRIL 2011. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk 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 Final Agreement as of April 4, 2011 WHEREAS, it is in the interest of Entity to work together with Anoka County to facilitate the construction of the ZAYO System in order to encourage the continued deployment and availability of advanced and reliable telecommunications capabilities in Anoka County and and access to such capabilities at affordable rates. NOW, THEREFORE, the parties hereto agree as follows: I. DEFINITIONS The parties agree to 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 comprised 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, (exclusive or non-exclusive) easements, licenses, grants, contracts and other rights, titles and interests to use real property of any third person, which are reasonably 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 to the co-location sites. (See specific identified rights for this Community Anchor institution in attachment I). f) IRU: Indefeasible Right of Use. g) Equipment: electronics, optronics, and other devices as necessary to deliver the Connectivity Services. h) Permitted use: Connectivity services shall only be used by Community Anchor Institutions for quasi-governmental, governmental, educational or Final Agreement as April 4, 2011 public safety purposes and shall not be used to directly or indirectly compete with ZAYO in the commercial markets. i) ZAYO Staff: Employees, consultants, and other sub-contractors working under the direction of ZAYO to install and support the ZAYO System. 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 locations 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 ZAYO only pursuant to Minnesota Statutes Chapter 237 and local ordinances for the purpose of building the Fiber Optic network to the point of demarcation. C. Nothing in this agreement affects or limits Entity's cable franchising authority or other authority to manage and regulate ZAYO's use of public rights of way. 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 Final Agreement as April 4, 2011 initial fee is established at $75.00 per month per site for 100 mbps and $400.00 per month per site for 1 gbps. Fees will be periodically reviewed to reflect current costs, but will not be modified without the agreement of both parties. Initially the fees will primarily be used to pay the proportionate share of the county's match to the project. Once the proportionate share of this match is recovered, it is expected the fee amount will decrease if other factors remain constant. 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, or ZAYO through 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 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 Final Agreement as April 4, 2011 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. 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 Final Agreement as April 4, 2011 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. 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 ZAYO System, ZAYO will submit to Entity entrance and construction plans specifying the location, construction and method of installation related to the System. Entity shall respond to the plans with any objections as soon as reasonably possible, but in any event no later than 60 days. 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. Final Agreement as April 4, 2011 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 limitations of the network, and other relevant factors. Entity recognizes that the network has a total bandwidth of 10gbps on the core ring and 1 gbps 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, and agencies and departments of the Entity 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 Final Agreement as April 4, 2011 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 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 is 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, on behalf of Anoka County, for the affected circuit. VI. TERM This Agreement will be for a period commencing on the date of signing by both 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). At the request of the entity, ZAYO will remove equipment from individual Final Agreement as April 4, 2011 terminated co-location sites within a mutually agreed time not to exceed 180 days. Upon termination of Entity's connectivity service from a co-location site, without terminating this entire agreement, ZAYO, at the request of the entity, shall remove its equipment from said co-location site within a mutually agreed time not to exceed 180 days and any underlying rights for that co-location site shall terminate with the removal without further action or notice by any party. Any underlying rights granted by the Entity under this Agreement shall terminate or expire with the Agreement without need for further action or notice by any party. 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. Under no circumstances shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466, or any similar statutory limits on tort liability. 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 Final Agreement as April 4, 2011 A. Entity shall be liable for any loss of or damage to the ZAYO Equipment at the co-location site caused by Entity's negligence, intentional acts, willful misconduct or unauthorized maintenance subject to statutory limits. 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. Anoka will make reasonable effort to pursue reimbursement on the Entity's behalf. 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. 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 Final Agreement as April 4, 2011 OTHER MATTER, EXCEPT AS SET FORTH IN THIS AGREEMENT. SUCH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED. X. FORCE MAJEURE 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. Final Agreement as April 4, 2011 XII. MODIFICATIONS Any material alterations, modifications, amendments, 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 Government 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 in entirety by either party at any time, with or without cause, upon One Hundred Eighty (180) days written notice delivered by mail or in person. If notices are delivered by mail, they shall be effective two days after mailing. Termination of an Entity's connectivity service, and obligation to pay therefore, may be terminated on sixty (60) days written notice, as provided for in this agreement. XV. DEFAULT AND REMEDY A. Default by Entity: Entity is in default of the agreement if Entity: Final Agreement as April 4, 2011 1) is more than 15 days past due in paying for services as agreed in this Agreement, or any invoice pursuant to its terms, excluding those amounts which Entity has notified Anoka County as reasonably being in dispute; or 2) materially 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 (see Exhibit E) 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. Final Agreement as April 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: Information Technology Director Anoka County Government Center Information Technology Department 2100 Third Avenue North Ste. 300 Anoka, Minnesota 55303 Entity: City Manager City of Fridley 6431 University Ave. NE Fridley, Minnesota 55432 XVII. AFFIRMATIVE ACTION In accordance with Anoka County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded Final Agreement as April 4, 2011 from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin. XVIII. SURVIVAL OF REPRESENTATIONS AND WARRANTIES. The representations, warranties, covenants, and agreements of the parties under this Agreement, and the remedies of either party for the breach of such representations, warranties, covenants, and agreement by the other party shall survive the execution and term of this Agreement. XIX. WAIVER. The waiver of any of the rights and/or remedies arising under the terms of the Agreement on any one occasion by any party hereto shall not constitute a waiver of any rights or remedies in respect to any subsequent breach or default of the terms of the Agreement. The rights and remedies provided or referred to under the terms of the Agreement are cumulative and not mutually exclusive. XX. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota, excluding the State of Minnesota's choice of law provisions. Jurisdiction and venue shall reside in the County of Anoka, Minnesota. XXI. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement. Final Agreement as April 4, 2011 XXII. NO RIGHTS OF THIRD PARTIES. Except for specific provisions as related to ZAYO acting through the auspices of Anoka County, nothing in this Agreement is intended to confer any rights or remedies on other than the parties to the Agreement XXIII. ATTACHMENTS AND EXHIBITS. The following Exhibits are attached to this agreement and are incorporated into this agreement by reference: 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 Attachment E: Service Order Form Attachment F: Frequently Asked Questions (FAQ) The following Attachments are included for reference in this agreement and are informational exhibits, but do not confer any rights onto the Entity unless also specifically included in this agreement: Attachment G: Wholesale Master Service Agreement, Anoka County Contract #2010-0239 Attachment H: Master Fiber IRU by and between ZAYO BANDWIDTH, LLC and Anoka County, Minnesota dated August 17, 2010 (this exhibit does not include 20 pages of photographic exhibits which are included in the original, and are available to Entities on request.) Attachment I: Identification of Underlying Rights. Final Agreement as April 4, 2011 XXIV. AUDIT, DISCLOSURE AND RETENTION OF RECORDS Both parties agree to make available to duly authorized representatives of the other and of the State of Minnesota, for the purpose of audit examination pursuant to Minn. Stat. § 16C.05, any books, documents, papers, and records of the party that are pertinent to the provision of services hereunder. Both parties further agree to maintain all such required records for six (6) years after receipt of final payment and the closing of all other related matters. XXV. INDEPENDENT CONTRACTOR A. Anoka County has entered into a separate contract with ZAYO for the construction of the ZAYO system/fiber optic network. See informational Exhibits G and H. ZAYO remains an independent contractor, however, and neither that agreement nor this one creates a partnership, joint venture or agency relationship between Zayo or the County. Anoka County has no authority to bind ZAYO beyond the obligations and responsibilities of those contracts. B. It is agreed by the parties that at all times and for all purposes hereunder, the relationship of the County to the Entity is that of an independent contractor and not an employee or agent of the Entity. C. It is agreed by the parties that at all times and for all purposes hereunder, the relationship of the Entity to the County is that of an independent contractor and not an employee or agent of the County XXVI. 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 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. Final Agreement as April 4, 2011 IN WITNESS WHEREOF, the Parties do hereby authorize the adoption of this agreement and do set their hands. 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: Final Agreement as April 4, 2011 FRIDLEY, MINNESOTA By: Scott Lund Mayor Dated: ATTEST By: Deb Skogen City Clerk Dated: APPROVED AS TO FORM By: Fritz Knaak City Attorney 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 Attachment E: Service Order Form Attachment F: Frequently Asked Questions (FAQ) Attachment G: Wholesale Master Service Agreement, Anoka County Contract #2010-0239� Attachment H: Master Fiber IRU by and between ZAYO BANDWIDTH, LLC and Anoka County, Minnesota dated August 17, 2010 (this exhibit does not include 20 pages of photographic exhibits which are included in the original, and are available to Entities on request.) Attachment I: Identification of Underlying Rights ' Note Bene, the MSA has two attachments which will be amended, but have not been so at the time of this writing. The list of 145 co-location sites has been altered since the MSA was signed on August 17, 2010. Once the final sites are approved by the NTIA, this attachment will be amended. Additionally, there is an attachment which details minimum power requirements at the co-locarions site of 48 volts DC. The County and Zayo verbally agreed that these requirements will be changed to standard 110 AC. This verbal agreement has not been reduced to wriring as of the date of this writing but is expected shortly. Final Agreement as April 4, 2011 ATTACHMENT A Capacity and Costs for Co-location Sites 1. Entity Name: Fridley, MINNESOTA 2. Entity Contact Information: Principal Contact: Name: William Burns Position: City Manager Office Phone: (763) 572-3500 Cell Phone: � � Home Phone: ( ) Pager: ( j Email: burnsbna ci.fridlev.mn.us Secondary Contact: Name: Darin Nelson Position: Finance Director Office Phone: (763) 572-3520 Cell Phone: � � Home Phone: ( ) Pager: ( j Email: nelsondna ci.fridlev.mn.us Billinq Contact: Name: Jean Michaels Position: Accounts Payable Clerk Office Phone: (763) 572-3527 Cell Phone: � � Home Phone: ( ) Pager: ( ) Email: michaelsina ci.fridlev.mn.us Final Agreement as April 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 61 St Ave Fridley 100M 97 Springbrook Nature Center 100 85th Ave NE Fridley 1 GB 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 1 GB Police Station 101 Community Ctr / 6085 7th Ave NE Fridley 100M High School (FLIP) Learning Center (Shared with Fridley School District) TOTAL Final Agreement as April 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. Anoka County shall make reasonable efforts to ensure that its employees and agents, including ZAYO, follow all written instructions at the co-location site as provided by the Entity. 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. Final Agreement as April 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. Automobile Liability Insurance: Such policy coverage will include coverage for all vehicles owned, hired, non-hired, non- owned and borrowed by the party in the performance of the obligations covered under this agreement: Combined single limit: $1,000,000.00 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) (8). Umbrella insurance coverage must be on a"follow-form" basis. 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. Final Agreement as April 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. All access shall comply with written instructions provided to ZAYO and County (see section IV. F). 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: Contact #1 Jim Erickson (763) 572-3541 r���� ��R_Rn�� � ericksonj@ci.fridley.mn.us Contact #2 Name: Mary Tra�p Position: IT Technician Office Phone: (763) 572-3542 Cell Phone: � � Home Phone: ( ) Pager: ( ) Email: trappm(a�ci.fridley.mn.us Contact #3 Name: AI Folie Position: Assistant Finance Director Office Phone: (763) 572-3521 Cell Phone: � � Home Phone: ( ) Pager: ( j Email: folieana ci.fridlev.mn.us Final Agreement as April 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). 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: Contact #1 Jim Erickson IT Manager 763-572-3541 7�i�_��R_RnAF ericksonj(a�ci.fridley.mn.us Contact #2 John Crelly Assistant Fire Chief 763-572-3611 7�i�_��R_RnR7 crellviC�ci.fridlev.mn.us Contact #3 Siah St. Clair Nature Center Director 763-572-3589 7�'i'�-�'�d-F 1 dF stclairs(a�ci.fridley. mn. us Updates may be submitted to Anoka County IS at address provided in the Notices Section. Final Agreement as April 4, 2011 EXHIBIT E EXAMPLE SERVICE ORDER FORM EXHIBIT E EXAMPLE SERVICE ORDER FORM Attachment F Connect Anoka County Frequently Asked Questions What is Connect Anoka County? Connect Anoka County is the county-led effort to increase the amount of fiber optic cable in the county. The Connect Anoka County project has resulted in a partnership between Zayo Bandwidth, LLC and Anoka County. Through the partnership, Zayo Bandwidth applied for and received a National Telecommunications Information Administration (NTIA) grant paying 70 percent of the fiber construction cost and initial equipment. The grant project will construct an approximately 286 mile fiber network throughout Anoka County linking 145 governmental institutions. 2. Who owns the fiber optic cable? The fiber optic cable that is installed as part of the grant will be owned by Zayo Bandwith. Zayo will provide the capacity services for the governmental network and separately offer connectivity services to the private sector. The grant will also provide dark fiber strands for Anoka County use. The right to use these dark strands is conveyed to the county through a fiber Indefeasible Right to Use (IRU), which is similar to a long-term lease. Should the county decide to use the dark fiber, equipment will need to be purchased and a monthly maintenance fee paid to Zayo. 3. What are the project costs and how are they paid? The total grant-funded project budget is $19.1 million. Seventy percent of the costs ($13.4 million) will be paid by the NTIA grant. The balance of the project ($5.7 million) will be paid equally by Zayo Bandwidth and Anoka County ($2.8 million each). The county intends to recoup a portion of the $2.8 million match by charging the anchor institutions a proportional share based on a per connection charge. 4. What services are offered? The project is only providing connectivity, meaning that any governmental institution will still need to have an Internet Service Provider (ISP). The county purchases its ISP service from the State of Minnesota, Office of Enterprise Technology (OET) and is in discussions with OET to expand ISP services to include cities that are a part of the project. If this option becomes available, Cities will be notified. 5. How were the 145 anchor institutions decided upon? The agreements between Anoka County and Zayo Bandwidth specify 145 governmental and quasi- governmental anchor institutions as a part of the grant project. The list was made by asking each jurisdiction to submit a list of facilities to include in the project. As the project developed, some sites were added and others dropped at the request of the entities. NTIA will need to approve all changes. 6. Can sites be added in the future? The agreements between Anoka County and Zayo Bandwidth limit the number of sites to 145. Any additional sites on the network will require a service request to Zayo Bandwidth. As additional governmental sites require fiber, each entity will need to conduct an analysis as to the most cost- effective way to serve the location. In some cases it may be possible to connect through one of the original 145 sites. In other cases it may be cost effective to have Zayo Bandwidth or another private company serve the facility. March 7, 2011 7. What is the project schedule? The project is currently underway. The environmental assessment is scheduled to be completed by spring 2011. Some connectivity service may be provided in 2011, but project completion will not be until 2012. Zayo Bandwidth is also working with road authorities to acquire the appropriate permits. 8. What are the decisions needed by my entity and when? Thus far, entities have only been asked for good-faith non binding commitments. However, Anoka County will need to have written agreements in place with any entity that wishes to participate by April 1, 2011. Specifically, each jurisdiction will need to confirm the sites and the connection speed. 9. What are the costs to my entity? Anoka County will charge each entity that connects a monthly fee. Any fee charged will be included in the agreement. The proposed agreement establishes a fee of $75/month for 100 mbps service, and $400/month for 1gbps service. Cities that do not need service immediately can elect through the agreement to have equipment placed at their facility as part of the project and then establish service during the term of the agreement. The monthly fee will not be charged until service is established. To establish service at that time or make some other change for sites that have equipment, the entity and Anoka County will need to modify Attachment A of the agreement. 10. What do I do if a business in my community asks me about service? Zayo Group provides a full range of business products to the private sector. If you are interested in learning more, or getting information for business expos, chamber of commerce meetings, or specific businesses, the contact is Steve Kopp, Senior Account Manager, Zayo Enterprise Networks, at 952- 230-4861 or steve.ko��(a�zavoenterprise.com, Web site www.zavo.com. 11. Who is Zayo and how were they selected for this project? Anoka County developed a Request for Proposal (RFP) seeking a partner for the Connect Anoka County project and to submit for an NTIA grant. The county received five proposals and, after review, selected Zayo Bandwidth. Zayo Bandwidth is a part of the Zayo Group which provides telecom and bandwidth infrastructure solutions that span over 153 markets and 30 states plus the District of Columbia including over 21,000 miles of fiber optic infrastructure. 12. Will each Entity be required to provide easements without cost to Anoka County and/or Zayo? Yes, it is contemplated that the easement will be provided without charge to get from the right of way to your facility across the private property of your facility. Entities retain authority to charge for building permits, franchises, etc. in the right of way. 13. Will physical access be required by Zayo? The agreement contemplates that there may be specific requirements that vary from location to location. Zayo must abide by your written security requirements. For example, if you want equipment installed in a location that you do not want to give unaccompanied access to, simply state that requirement in writing. Also, you do not need to give keys, access codes, or access cards to Zayo, so presuming that you keep your facilities locked, they would not be able to enter them without someone to let them in. The access that Zayo needs to maintain your equipment is similar to other providers such as Qwest, Comcast, US Cable, etc. March 7, 2011 2 14. What assurances are in place for Zayo perFormance? Zayo has obligations under the agreement with the County to perform as well as NTIA grant requirements that Zayo must follow. In addition, Zayo will have an incentive to complete the fiber network so they can sell connectivity services to their commercial customers. 15. Does the County agreement with Zayo include a PerFormance Bond requirement? No, there is no performance bond requirement. However, Zayo has notified the County that performance bonds will be required from Contractors that Zayo employs in the construction process. 16. What happens if Zayo goes bankrupt? Prior to entering into an agreement with Zayo, an analysis was completed that determined that Zayo was in a healthy financial situation. If, in the future, Zayo files for bankruptcy, the outcome would be determined by the bankruptcy court. Additionally, Anoka County has an IRU in the dark fiber, there is added protection for the integrity of the network even if Zayo is no longer available to provide maintenance and support. 17. Concern was expressed with the warranty language in Section IX.D. This type of warranty language is very typical of fiber agreements such as this. This warranty language is a pass through to the Entities of the warranties negotiated between Zayo and the County. Anoka County cannot bind Zayo to any other warranties than what is provided in the Master Service Agreement and the IRU which are attached to the agreement in Exhibits G and H. 18. How will equipment replacement be made after the expiration of the warranty on August 17, 2017? If the equipment needs to be replaced after that time, the entity will need to pay the prorata costs for such replacement. In addition, consideration will need to be made for future maintenance of this new equipment. If the entity is not getting connectivity service, or no longer wants service, no replacement equipment at entity cost is required. 19. Will there be a forum for the entities to provide input in the future? It is the County's intent to continue meetings with the entities. In addition, if there is interest, we could consider creating advisory committees (i.e. technical, administrative) to provide a forum for interested entities to meet more frequently. 20. Does the agreement only address the installation of equipment at the co-location site, or does it also include the construction of dark fiber to the site? The entity needs to approve the agreement to allow the placement of equipment at the site as well as construction of the network including dark fiber to the co-location site. However, the entity may initially elect not to receive the connectivity service at a site. 21. I note the service site requirements in Attachment B(security, temperature and environmental, and space requirements). What is the size of the equipment; how much space is required, and; are there any special location requirements? The County and Zayo staff will be conducting a review of each site location over the next couple of months. It should also be noted that the Zayo equipment will be owned and managed by Zayo. The equipment will be switches that will fit into standard racks commonly found in data closets. See #27. March 7, 2011 3 22. Should additional language be included for waiver of subrogation? No, the mutual indemnification language included in the agreement eliminates the need for any waiver of subrogation. 23. What is the point of demarcation contemplated in the Agreement? It is clear in the Agreement that the Entity is responsible for interconnection and wiring beyond the point of demarcation. Does this mean that the Entity will be required to wire to individual sites within the co-location service site? Yes, the Entity is responsible for wiring within each co-location site. This wiring is likely the entity's existing network. See Exhibit H for definition of demarcation point. 24. What exactly will the Entity be paying for'? Does the agreement contemplate the use of dark fiber, or any additional cost to add capacity in the future? The entity is paying for connectivity which includes transport and ethernet service. The Entity will only pay if the connectivity service is used. The dark fiber will be installed with the network, but additional equipment will be required to utilize it. No specific use of the dark fiber is included in the agreement. 25. The Agreement states that the Entity will work with the County to manage bandwidth, but what does that mean? If there are capacity issues, all the entities will need to work together to resolve them to the mutual benefit of the parties. We will also be working to monitor bandwidth utilization to identify potential problems before they impact the service. 26. Have the insurance issues been resolved so that the requirements coincide with what is currently provided through the League of Minnesota Cities? We have made edits to the insurance language with input from the cities. Kurt Glaser, Lexington City Attorney, requested an opinion from the League of Minnesota Cities, which was received on March 2, 2011. Additional edits were made to the insurance requirements in order to comply with this opinion. 27. What are the space and environmental requirements for the Zayo Equipment? Ideally there would be rack space (19'X72" standard steel or aluminum telecom relay rack) available for the switch of 8u or about 12 inches, with sufficient space to access the equipment for repairs, maintenance and upgrades. The space should also be convenient to the entity's demarcation point. To maintain maximum uptime, it would be best to meet the specified requirements for space and environmental conditions. However, if all specifications cannot be met, the County and Zayo will work with the entity to determine an acceptable equipment location. See #21. 28. Why isn't Zayo a party to the Connectivity Services agreement? Some attorneys have suggested that ZAYO should be a party to this agreement. The County's agreement with ZAYO provides that the County must secure the various co-location sites, whether the properties are County owned or owned by another governmental or quasi-governmental agency. ZAYO has expressed disinterest in directly contracting with the various entities. 29. Who is responsible if Zayo damages equipment or systems belonging to a third party that are at the co-location site during installation? March 7, 2011 4 This agreement does not confer any third party benefits to anyone. The agreement is between the County and the Entity, with Zayo subordinate to the County. If the entity is concerned that Zayo will not use due care regarding a third party's equipment located at the co-location site, then the Entity should limit ZAYO's access to third party property. 30. We are not clear on the meaning of certain terms, such as Demarcation Point, Fiber Optic Network, Ducts, Network Availability, Transport Services, Ethernet Services, etc. Are these terms defined anywhere? Many of these terms are defined in the Master Service Agreement and Indefeasible Right of Use Agreement executed between the County and Zayo on August 17, 2010. A copy of these two agreements will be attached to the Connectivity Services Agreement for reference as informational exhibits. Additionally, some of these terms are "terms of art" in the broadband and Information Technology industry, and are used here in standard industry usage. 31. Why doesn't the Entity gain ownership rights in the equipment if the city is required to pay a pro-rata share for repairs and/or replacement after the warranty period expires on August 16, 2017? The initial equipment is paid for by the grant, at no cost to the Entity. Contrast this with more typical agreements, where the Entity pays a much larger monthly fee to a provider for both the service and the equipment. If, after 2017, equipment is replaced completely the situation may change. Options for total replacement at that time, if necessary, may include replacement with Zayo Equipment, Entity Equipment or County Equipment, 32. May the entity, in particular a city, charge building permit fees, franchises, etc. to Zayo outside of the co-location site? Pursuant to Paragraphs II.C. and III.B., Entities retain franchising authority, and may issue building permits, franchise fees as allowed by Minnesota statutes. The entity may not charge these fees for the co-location site itself (for example, the entity may not charge fees for underlying rights needed to place equipment in City Hall, or a fire station which are the designated co-location sites described in Exhibit A.) 33. Will Zayo or Anoka County be providing cable services in competition with Comcast or other private cable carriers through this agreement? No. Anoka County will not be a cable provider. Providing cable TV services is not consistent with Anoka County's mission statement. The County's fibers may only be used for governmental and quasi- governmental purposes. Zayo is not a cable provider, nor does it offer triple- play services (telephone/voice, data/internet, and cable/video). While no one can predict the future, a more likely scenario is that private carriers will contract with Zayo to use Zayo's fibers to provide services to private customers throughout the county. 34. Where can I get more information on the project? By phone: 763-422-7537 (Carrie Johnson) By e-mail: ConnectAnokaCountvCa�co.anoka.mn.us By mail: Connect Anoka County, Attn: Information Technology 2100 3rd Avenue, Suite 300 Anoka, MN 55303 March 7, 2011 5 Attachment I Identification of Underlying Rights For Co-location sites 1. Entity: City of Fridley, MN Co-Location Site #95: Public Works Garage Type of Underlying Right given: Nothing in this agreement shall require the conveyance of any fee interest. No other conveyance or transfer shall occur without the express finding of necessity by the City under the terms of this Agreeement, and a detailed legal description of any interest to be transferred. Co-Location Site #96: Commons Water Treatment Plant Type of Underlying Right given: Nothing in this agreement shall require the conveyance of any fee interest. No other conveyance or transfer shall occur without the express finding of necessity by the City under the terms of this Agreeement, and a detailed legal description of any interest to be transferred. Co-Location Site #97: Springbrook Nature Center Type of Underlying Right given: Nothing in this agreement shall require the conveyance of any fee interest. No other conveyance or transfer shall occur without the express finding of necessity by the City under the terms of this Agreeement, and a detailed legal description of any interest to be transferred. Co-Location Site #98: Fridley Fire Station 3 Type of Underlying Right given: Nothing in this agreement shall require the conveyance of any fee interest. No other conveyance or transfer shall occur without the express finding of necessity by the City under the terms of this Agreeement, and a detailed legal description of any interest to be transferred. Co-Location Site #99: Fridley Fire Station 2 Type of Underlying Right given: Nothing in this agreement shall require the conveyance of any fee interest. No other conveyance or transfer shall occur without the express finding of necessity by the City under the terms of this Agreeement, and a detailed legal description of any interest to be transferred. Co-Location Site #100: Fridley City Hall/Fire Station 1/Police Station Type of Underlying Right given: Nothing in this agreement shall require the conveyance of any fee interest. No other conveyance or transfer shall occur without the express finding of necessity by the City under the terms of this Agreeement, and a detailed legal description of any interest to be transferred. Co-Location Site #101: Community Center/High School Learning Center Type of Underlying Right given: Nothing in this agreement shall require the conveyance of any fee interest. No other conveyance or transfer shall occur without the express finding of necessity by the City under the terms of this Agreeement, and a detailed legal description of any interest to be transferred. Final Agreement as of April 4, 2011 Anoka County Proposed Fiber Network • Core Ring 1 Sites Distribution Fiber • Core Ring 2 Sites tt�,tit. Core Ring 1 Fiber • Core Ring 3 Sites ; Core Ring 2 Fiber O Redundancy Required Core Ring 3 Fiber , ,� Railroad � � � 'i' Industrial Zones c4' ''r County Park '' Nowthen Unserved FTTx Linwood Township Unserved FTTx City of Fridley ���: � �; � k.. � DEC1,2010 � � CfTY flF FRIaLE'f Memo to: From: Subject: Date: AGENDA ITEM CITY COUNCIL MEETING OF APRIL 11, 2011 The Mayor and Council William W. Burns, City Manager Commission Appointments April 7, 2011 At our March 28 Council meeting, you made one reappointment to the Parks and Recreation Commission and tabled the appointments to the other commissions. These include one Planning Commission position, two Appeals Commission positions, and four EQEC positions. All are identified on the attached list of Fridley Commission members. In order to facilitate the availability of commission quorums, staff recommends that Council make appointments to these vacancies. 2011 CITY OF FRIDLEY COMMISSION TERMS Term Present Members Ex ires Appointee PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term) GENERAL Dave Kondrick 4-1-12 CHAIR VICE-CHAIR LeRoy Oquist 4-1-13 AT-LARGE See Environmental Quality and CHAIR Jack Velin 4-1-11 Energy Commission. ENVIRON. QUALITY CHAIR Brad Sielaff 4-1-12 APPEALS CHAIR Marcy Sibell 4-1-12 PARKS & REC. p AT LARGE Dean Saba 4-1-13 AT LARGE Brad Dunham 4-1-11 APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) CHAIR Brad Sielaff 4-1-12 Blaine Jones 4-1-13 Matthew Brown 4-1-12 Christopher Anderson 4-1-11 Del Jenkins 4-1-11 ENVIRONMENTAL QUALITY (Chapter 6) (7 Members — 3 Year Term) AND ENERGY COMMISSION CHAIR Jack Velin 4-1-11 Richard Svanda 4-1-12 Martina Nelson 4-1-12 Paul Westby 4-1-13 Vacant 4-1-13 Vacant 4-1-13 Vacant 4-1-11 Term Present Members Ex ires Appointee PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) CHAIR David Kondrick Marcy Sibell Tim Solberg Michael Heintz Michele Barrett 4-1-12 4-1-12 4-1-13 4-1-13 4-1-14 � � �RY 4F FRIOLEY AGENDA ITEM CITY COUNCIL MEETING OF To: William W. Burns, City Manager April 11, 2011 From: Darin Nelson, Finance Director Debra A. Skogen, City Clerk Donovan Abbott, Public Safety Director Robert Rewitzer, Police Captain Date Re April 6, 2011 2011-12 Liquor License Renewals The annual liquor license renewals have been reviewed by staff. All on-sale intoxicating liquor license establishments, 3.2% on-sale and wine, and club on-sale intoxicating liquor licenses up for renewal have all provided the necessary insurance, bond, and CPA statement with supporting documentation pertaining to food to liquor sales as required by City Code. After reviewing the supplied documentation, it was found these establishments have complied with the City Code requirement of 40% food sales and 60% liquor sales, or 30% food sales for restaurants within bowling alleys. The police review found no major issues that would prevent these establishments from receiving a renewal on-sale liquor license. They have provided information per establishment on the number of calls received, number of police calls per $lOK, calls per service ratio, and whether or not they failed either of the two compliance checks made in 2010. Based on the information above, staff recommends approval of the following liquor license renewals at this time: On-Sale Intoxicating Liquor License ■ AMF Bowling Centers Inc dba AMF Maple Lanes ■ Applebee Minnesota LLC dba Applebees Neighborhood Grill & Bar ■ BAM Inc dba Shortstop - Fridley ■ Billiard Street Cafe Inc dba Two Stooges Bar & Grill ■ Fridley Grill LLC dba Pickle Park ■ GMME Dough Inc., dba Broadway Bar & Pizza ■ King's Restaurant ■ Shorewood Inc dba Shorewood Restaurant in Fridley On-Sale 3.2% Malt Liquor and Wine License ■ Rob Did it Again Inc dba Chris & Rob's Chicago Taste Authority On-Sale Club Intoxicating Liquor Licenses ■ Fridley American Legion ■ Fridley VFW ■ Fridley Knights of Columbus � O � � � � �." � � � � C ��/ Fil � � � C� i� � � � N � � rl �--I O N O '"' � O ' i � � N O �i 0 N O ,—, � � � . � � � � � O �., � N O� O ' U � O N � N � � O ° oz o -� � a� -� � � � N �1. ,� � � O � � U � '� � x � U � U ,s: U � U U V � U �" • ,� � cd �. ;-y � O � 0 o U � �� � � b�A � O ;� � U �" O �j � � � 0 o '� ° � \° • � �C o � � � � 'C . ..� ��. � � � � � � � � � O � � � � � � � � � � y o 0 0 0 � o 0 0•� � � � � � � � � � � �. � c�C c�C c�C c�C � c�C c�C c�C `�" � � � � � � � � � � •� � � � � � . � � � � � V .Vi .Vi .Vi � .Vi .Vi .Vi V � ' O � � P-i P-i P-i P-i C� �N P-i P-i P-i s"-+-'r f"-�r '�.,� W' c> s„ � � � � N U�� a a a a a a a a a a a � � � E� � E� � E� � � � '',x, � � '�" '.� C' � � c�y � � cNV o o � Qy ,'�4S � C%1. . . . . . . . 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The Report provides following information: o Whether they have a late night endorsement o Whether they passed/failed liquor or tobacco compliance checks o The number of police ca11s per establishment, who originated or made the call, the date of the call and they type of call the police department responded to. o The gross food to liquor sales o How many police calls are made to that establishment for every $10,000 in sales o A summary of police concerns For instance, if you look at AMF Maple Lanes, the report shows: They have no late night endorsement They passed both alcohol compliance checks They do not possess a tobacco license There were 9 police calls for 2010 The first police ca11 shows the case number (10039515); who originated the call (the Police Department) the date of the call (02/23/2010) and the reason for the call (Warrant Arrest). Each following call provides similar information. Their Gross food sales were $92,058 (42% - 30% required for AMF) Their Gross liquor sales were $125,762 (58%) Their Gross sales were $217,820 If you divide their gross sales ($217,820) by the number of police calls (9), it shows that there is 1 call for every $24,202 of gross sales. If you divide that number ($24,202) by 10,000, it gives you the number of calls for every $10,000 in sales. This report shows there is .41 calls for every $10,000 in sales for AMF. The police summary shows the police have no concerns for AMF. Each report provides the same information, specific to that establishment. We thought you might like to have this information to go along with the memo that is in the Agenda Book for the liquor license renewals. If you have any questions about these reports, your questions should be directed to Bob Rewitzer or pon Abbott. , :,�.:; y J AMF Maple Lanes 6310 Highway 65 NE No Late Night License Endorsement Liquor Compliance Check Results: 4-26-10 Passed / 10-7-10 Passed Tobacco Compliance Check Results: Does not have Tobacco License Police Calls for Service 2010: CASE # ORIGINATION 10039515 POLICE DEPT 10067977 PATIL 10090109 BARANOWSKI 10158598 SCARSDALE SEC 10169753 MAPLE LANES 10173123 KACHEL 10219297 MAPLE LANES 10233082 REYNOLDS 10239518 MAPLE LANES DATE 02/23/2010 03/30/2010 04/25/2010 07/11/2010 07/24/2010 07/28/2010 09/21 /2010 10/09/2010 10/16/2010 9 Police Calls for Service in 2010 vs. 11 in 2009 and 7 in 2008. Sales Ratios 2010: Gross Food Sales Gross Liquor Sales Gross Food/Liquor Sales $92,058 $125,762 $217,820 OFFENSE DESCRIPTION WARRANT ARREST THEFT CHECK WELFARE ALARM THEFT MISC PUBLIC THEFT FROM VEHICLE VEHICLE THEFT THEFT FROM VEHICLE 42% 58% 100% Police Calls for Service Ratio (total gross sales = number of calls): $217,820 = 9= 1 call per $24,202 of gross sales =.41 calls per $10,000 of sales Summary: Police have no concerns. Applebee's 5277 Central Avenue NE No Late Night License Endorsement Liquor Compliance Check Results: 4-26-10 Passed / 10-29-10 Passed Tobacco Compliance Check Results: Does not have a Tobacco License Gambling Compliance Check Results: Does not have a Gambling Endorsement Police Calls for Service 2010: CASE # ORIGINATION DATE OFFENSE DESCRIPTION 10001558 APPLEBEE'S O1/03/2010 DISTURB PEACE — PUBLIC NUISANCE 10026119 APPLEBEE'S 02/OS/2010 SUSPICION 10025436 APPLEBEE'S 02/OS/2010 DETOX TRANSPORT 10092166 FRANSON 04/27/2010 THEFT FROM MTR VEHICLE 10115553 APPLEBEE'S OS/24/2010 THEFT — NO PAY 10127705 APPLEBEE'S 06/06/2010 CHECK FORGERY 10128261 APPLEBEE'S 06/07/2010 THEFT — NO PAY 10128949 APPLEBEE'S 06/08/2010 HARRASSING PHONE CALLS 10146977 APPLEBEE'S 06/29/2010 PUBLIC ASSIST 10189834 APPLEBEE'S 08/16/2010 CHECK FORGERY 10234353 WINEBRENNER 10/11/2010 MEDICAL 10235359 ADT 10/12/2010 ALARM 10240669 HOPWOOD 10/18/2010 HARRASSING PHONE CALLS 10250809 APPLEBEE'S 10/30/2010 CHECK WELFARE 10288725 APPLEBEE'S 12/20/2010 SOLICITATION / TRESPASS 10290208 APPLEBEE' S 12/22/2010 THEFT — NO PAY 10295562 APPLEBEE'S 12/31/2010 PUBLIC ASSIST 17 Police Calls for Service in 2010 vs. 26 in 2009 and 17 in 2008. Sales Ratios 2010: Gross Food Sales Gross Liquor Sales Total Gross Sales $498,894 $131,709 $630,603 79% 21% 100% Police Calls for Service Ratio (total gross sales = number of calls): $630,603 = 17 = 1 call per $37,094 of gross sales =.27 calls per $10,000 of sales Summary: Police have no concerns. GMME Dough Inc dba Broadway Bar & Pizza 8298 University Avenue NE No Late Night License Endorsement Liquor Compliance Check Results: 4=26-10 Passed / 10-7-10 Passed Tobacco Compliance Check Results: Does not have Tobacco License Police Calls for Service 2010: � CASE # ORIGINATION DATE OFFENSE DESCRIPTION 10062206 LUNDSTEN 03/24/2010 THEFT 10213774 POLICE DEPT 09/14/2010 ASSIST DRUG TASK FORCE 10235274 BROADWAY 10/12/2010 MEDICAL COMMITMENT 10249923 JOHNSON 10/29/2010 HIT & RUN ACCIDENT 4 Police Calls for Service in 2010 vs. 6 in 2009 and 3 in 2008. Sales Ratios 2010: Gross Food Sales $904,641 83.38% Gross Liquor Sales $180,381 16.62% Total Gross Sales $1,085,022 100% Police Calls for Service Ratio (total gross sales = number of calls): $1,085,022 = 4= 1 call per $271,256 of gross sales =.04 calls per $10,000 of sales Summary: Police have no concerns. Rob Did it Again, Inc, dba Chris & Rob's Chicago Taste Authority 7429 East River Road No Late Night License Endorsement Liquor Compliance Check Results: 4-26-10 Passed / 10-7-10 Passed Tobacco Compliance Check Results: Does not hold a tobacco license Police Calls for Service 2010: CASE # 10088848 10093794 10230449 ORIGINATION CHRIS & ROB'S CHRIS & ROB'S CHRIS & ROB' S DATE 04/23/2010 04/29/2010 10/OS/2010 OFFENSE DESCRIPTION PUBLIC ASSIST SUSPICIOUS PERSON THEFT 3 Police Call for Service in 2010 vs. 1 call in 2009 and 1 in 2008 Sales Ratios 2010: Gross Food Sales Gross Liquor Sales Total Gross Sales $395,013.39 $2750.00 $395,38839 99% 1% 100% Police Calls for Service Ratio (total gross sales = number of calls): $395,388 = 3= 1 call $131,763 of gross sales =.08 calls per $10,000 of sales. Summary: Police have no concerns. Fridley American Legion dba Shaddrick and LaBeau Post 7365 Central Avenue NE No Late Night License Endorsement Liquor Compliance Check Results: 4-26-10 Passed / 10-7-10 Failed Tobacco Compliance Check Results: Does not hold a tobacco license Police Calls for Service ZO10: CASE # ORIGINIATION DATE 10130347 DONOVAN 06/10/2010 10132246 LEGION POST 06/12/2010 10231850 POLICE DEPT 10/07/2010 10234041 PARADISE 10/10/2010 4 Police Calls for Service in 2010 vs. 3 in 2009 and 4 in 2008. Summary: Police have no concerns. OFFENSE DESCRIPTION ASSAULT SUSPICIOUS PERSON LIQUOR VIOLATION THEFT FROM VEHICLE a Fridley VFW 1040 Osborne Road NE No Late Night License Endorsement Liquor Compliance Check Results: 4-26-10 Passed / 10-7-10 Passed Tobacco Compliance Check Results: Does not hold a Tobacco License Police Calls for Service 2010: CASE # 10278101 10241226 10189945 10145137 10142371 10112878 10098919 10061213 10057650 10012182 ORIGINATION DATE OFFENSE DESCRIPTION ACCESS SYS 12/06/2010 ALARM ACCESS SYS 10/19/2010 ALARM VFW 08/16/2010 DAMAGE TO PROPERTY VFW 06/26/2010 ANIMAL IMPOUND FISHER 06/23/2010 TRAFFIC COMPLAINT ACCESS SYS OS/22/2010 ALARM ACCESS SYS OS/06/2010 ALARM ACCESS SYS 03/23/2010 ALARM SIMNING 03/18/2010 VEHICLE THEFT VFW O1/17/2010 SUSPICION 10 Police Calls for Service in 2010 vs. 9 in 2009 and 13 in 2008. Summary: Police have no concerns. North Air Home Association dba North Air Banquets (formerly Knights of Columbus) 6831 Central Avenue NE No Late Night License Endorsement Liquor Compliance Check Results: Closed during both liquor compliance checks Tobacco Compliance Check Results: Does not hold a Tobacco License Police Calls for Service 2010c CASE # 10131084 10134300 10268813 ORIGINATION POLICE DEPT JOINER NORTH AIR DATE 06/ 10/2010 06/ 14/2010 11/23/2010 3 Police Calls for Service in 2010 vs. 3 in 2009 and 4 in 2008. Summary: Police have no concerns. OFFENSE DESCRIPTION JUVENILE ACTIVITY SUSPICIOUS VEHICLE THEFT 0 King's Club & Restaurant 1051 E Moore Lake Drive No Late Night License Endorsement Liquor Compliance Check Results: Tobacco Compliance Check Results; Police Calls for Service 2010: CASE # DATE 4-26-10 Passed I 10-7-10 Passed Does not hold a Tobacco License ORIGINATION No Police Call for Service in 2010 vs. 1 in 2009 and 1 in 2008. Sales Ratios 2010: Gross Food Sales Gross Liquor Sales _ Total Gross Sales $495,600 $20,095 $515,695 96% 4% 100% OFFENSE DESCRIPTION Police Calls for Service Ratio (total gross sales = number of calls): $515,605 = 0 = 0 calls per $ Summary: Police have no concerns. of gross sales = 0 calls per $10,000 in sales Fridley Grill LLC dba Pickle Park 7820 University Avenue NE Has Late Night License Endorsement Liquor Compliance Check Results: 04-26-10 Passed with Fridley Police Department 02-03-11 Passed with SLP Police Department {To avoid any hint of conflict of interest, due to the relationship of a staff inember and manager, the compliance checks are now completed by the Spring Lake Park Police Department) Tobacco Compliance Check Results: Police Calls for Service 2010: CASE # 10007385 10010375 10010915 10015369 10020887 10025423 10046845 10046923 10058804 10066682 10069956 10075719 10082081 10081808 10087701 10088222 10111964 10117775 10117774 10117760 10118800 10131222 10137324 10150718 ORIGINATION SWENSON PETERSON MILLER PICKLE PARK NOVAK PICKLE PARK PICKLE PARK RANCOUR MERKWAN OLSON HAUER PICKLE PARK KARRICK NELSON MUELLER REYNOLDS CHAPUT PICKLE PARK PICKLE PARK PICKLE PARK JANSEN BRITTON PICKLE PARK BODIN 04-09-10 Passed / 11-02-10 Passed DATE OFFENSE DESCRIPTION 01/11/2010 THEFT � O 1 / 15/2010 THEFT � O1/16/2010 DISTURB PEACE - DISORDERLY �----_.—�. O1/22/2010 DISTURB PEACE - DISORDERLY �-- O1/29/2010 FAMILY ASSIST 02/OS/2010 DISTURB PEACE - DISORDERLY 03/04/2010 ASS^ AULT 03/OS/2010 ACCIDENT 03/19/2010 DISTURB PEACE - DISORDERLY -� =-------�_ 03/29/2010 LOST PROPERTY 04/O1/2010 ACCIDENT 04/09/2010 ASSAULT - DISTURB PEACE - DISORD 04/16/2010 DAMAGE TO PROPERTY 04/16/2010 THEFT FROM VEHICLE 04/21/2010 THEFT 04/23/2010 THEFT OS/20/2010 LOST PROPERTY OS/27/2010 THEFT FROM VEHICLE OS/27/2010 THEFT FROM VEHICLE OS/27/2010 THEFT FROM VEHICLE OS/28/2010 SUSPICION 06/11/2010 DAMAGE TO PROPERTY 06/18/2010 � DISTURB PEACE - DISORDERLY 07/03/2010 DISTURB PEACE - DISORDERLY � C � Fridley Grill LLC dba Pickle Park 10157639 10169709 10169772 10174849 10183495 10189193 10192587 10212378 10215382 10246201 10249299 10252138 10262159 10266437 10289613 10296167 MCCORKLE PICKLE PARK ANDERSON PICKLE PARK "BILL" CRIST OSBORNE MELQUIST DECOSSE KUDUK BURROWS MACIEJ RYCHLICKI QUAST PICKLE PARK CUSTOMER 07/10/2010 07/23/2010 07/24/2010 07/30/2010 08/09/2010 08/15/2010 08/20/2010 09/13/2010 09/17/2010 10/25/2010 10/28/2010 11/O1/2010 11/14/2010 11/19/2010 12/22/2010 12/31/2010 SUSPICIOUS VEHICLE MEDICAL THEFT FROM VEHICLE DISTURB PEACE — DISORDERLY T,re-rr ru R PEACE — I�SORDERLY CHECK WELFARE DISTURB PEACE—DISORDERLY SUSPICION THEFT FROM VEHICLE LOST PROPERTY THEFT HIT & RUN ACCIDENT DISTURB PEACE — DISORDERLY THEFT FROM VEHICLE CHECK WELFARE ACCIDENT 40 Police Calls for Service in 2010 vs. 25 in 2009 and 27 in 2008. Sales Ratios 2010: Gross Food Sales $784,886 43.66% of sales Gross Liquor Sales $1.013,030 56.34% of sales Total Gross Sales $1,797,916 100% of sales Police Calls for Service Ratio (total gross sales = number of calls): $1,797,916 = 40 = 1 call per $44,948 of gross sales =.22 calls per $10,000 sales Summary: Calls for Service increased 60% between 2009 and 2010. �� r n Shorewood Inc dba Shorewood Restaurant in Fridley 6161 Highway 65 NE Has Late Night License Endorsement Liquor Compliance Check Results: Tobacco Compliance Check Results: Police Calls for Service 2010: CASE # 10015182 10076673 10112577 10128756 10130773 10135957 10166791 10176580 10200065 10220962 10222944 10226296 10255308 10262100 10262166 10266561 10277405 10281112 10284955 10296095 ORIGINATION GIOVONNONE SHOREWOOD SHOREWOOD CENTRAL MOSS SHOREWOOD BERRY SHOREWOOD SHOREWOOD POLICE DEPT SHOREWOOD CENTRAL SHOREWOOD SHOREWOOD SHOREWOO-D SHOREWOOD ROSSOW BROWN SHOREWOOD SHOREWOOD 4-26-10 Passed / 10-7-10 Passed Did not hold Tobacco License until December DATE O1/21/2010 04/ 10/2010 OS/21/2010 06/08/2010 06/10/2010 06/16/2010 07/20/2010 07/31/2010 08/28/2010 09/24/2010 09/26/2010 10/O1/2010 11 /OS/2010 11/13/2010 11/14/2010 11/19/2010 12/04/2010 12/10/2010 12/15/2010 12/31/2010 OFFENSE DESCRIPTION THEFT FROM VEHICLE THEFT THEFT FROM VEHICLE ALARM HIT & RUN ACCIDENT THEFT FROM VEHICLE DOMESTIC TRESPASS DWI / FLEE AN OFFICER SUSPICIOUS PERSON PUBLIC ASSIST / WARRANT ARREST ALARM PUBLIC ASSIST THEFT FROM VEHICLE THEFT FROM VEHICLE THEFT FROM VEHICLE DWI THEFT THEFT FROM VEHICLE DISTURB PEACE — PUBLIC NUISANCE 20 Police Calls for Service in 2010 vs. 2 in 2009 (business opened November 2009) Sales Ratios 2010: Gross Food Sales $1,177,766 66.24% of sales Gross Liquor Sales $600,144 33.76% of sales Total Gross Sales $1,777,910 100% of sales Police Calls for Service Ratio (total gross sales = number of calls): $1,777,910 = 20 = 1 call per $88,896 of gross sales =.11 calls per $10,000 of sales Summary: Police have no concerns; a majority of calls for service originated from the business. BAM Inc dba Shortstop Fridley 1298 E Moore Lake Drive Has Late Night License Endorsement Liquor Compliance Check Results: Tobacco Compliance Check Results: Police Calls for Service 2010: CASE # 10000335 10012321 10012167 10016224 10023305 10025617 10060091 10065828 10068161 10103255 10114072 1O115420 10176518 10181861 10210540 10212212 10228239 10252229 10270299 10283347 ORIGINATION GOLDEMAN MCGINNIS LINDHOLM SHORTSTOP MAUTI COOK BERGSTROM MATTHES CRAIN PASSERBY PASSERBY SCHILLER ANONYMOUS POLICE DEPT SHORTSTOP SPURLEY WELSHINGER BROOKS SHORTSTOP SPIEK 4-26-10 Passed / 10-7-10 Passed 4-9-10 Passed / 11-2-10 Passed DATE O1/O1/2010 O1/17/2010 O1/17/2010 01 /22/2010 02/O l /2010 02/OS/2010 03/21/2010 03/28/2010 03/31 /2010 OS/11/2010 OS/23/2010 OS/24/2010 07/31 /2010 08/06/2010 09/10/2010 09/13/2010 10/03/2010 11/O1/2010 11 /25/2010 12/13/2010 OFFENSE DESCRIPTION THEFT FROM MOTOR VEHICLE ASSAULT DOMESTIC ASSAULT ASSAULT CIVIL DISPUTE DAMAGE TO PROPERTY DWI THEFT DISTURB PEACE — DISORDERLY ACCIDENT — MV & PEDESTRIAN DISTURB PEACE — DISORDERLY DOMESTIC CHECK WELFARE FOUND BICYCLE DISTURB PEACE — DISORDERLY DISTURB PEACE — DISORDERLY ACCIDENT THEFT DISTURB PEACE — DISORDERLY THEFT 20 Police Calls for Service in 2010 vs. 18 in 2009 and 17 in 2008 Sales Ratios 2010: Gross Food Sales $664,242 40% of sales Gross Liquor Sales $990,112 60% of sales Total Gross Sales $1,654,354 100% of sales B.A.M. Inc dba Shortstop Fridley Police Calls for Service Ratio (total gross sales = number of calls): $1,654,354 = 20 = 1 call per $82,718 of gross sales =.12 calls per $10,000 in sales Summary: Police have no concerns. Billiard Street Cafe dba Two Stooges Bar and Grill 7178 University Avenue NE Has Late Night License Endorsement Liquor Compliance Check Results: Tobacco Compliance Check Results: Police Calls for Service 2010: CASE # 10004417 10019180 10026086 10032885 10036936 10042233 10065015 10096521 10112607 10123281 10125330 10130263 10130256 10131205 10160704 10164176 10194441 10193592 10202007 10205383 10213079 10213849 10221905 10233948 10237752 10237932 10243716 10287337 ORIGINATION POLICE DEPT TWO STOOGES NELSON NUROM CROCKER TAYLOR TWO STOOGES WILSON TWO STOOGES CROCKER POLICE DEPT HAWKINS BLACKHAWK GETZEL TWO STOOGES TWO STOOGES POLICE DEPT LESTER TWO STOOGES REIERSON TWO STOOGES TWO STOOGES TWO STOOGES AYOUB TWO STOOGES TWO STOOGES GARRICK ADAMS 4-26-10 Passed / 10-7-10 Passed 4-9-10 Passed / 11-2-10 Passed DATE OFFENSE DESCRIPTION 01/07/2010 O1/27/2010 02/OS/2010 02/15/2010 02/20/2010 02/27/2010 03/27/2010 OS/03/2010 OS/21/2010 06/02/2010 06/04/2010 06/09/2010 06/09/2010 06/11/2010 07/14/2010 07/18/2010 08/21/2010 08/21 /2010 08/31 /2010 09/04/2010 09/14/2010 09/ I S/2010 09/25/2010 10/10/2010 10/14/2010 10/15/2010 10/21/2010 12/ 18/2010 DWI DISTURB PEACE - DISORDERLY DWI CIVIL DISPUTE DOMESTIC DISPUTE DAMAGE TO PROPERTY DISTURB PEACE - DISORDERLY THEFT FROM VEHICLE ASSAULT PUBLIC ASSIST DISTURB PEACE - DISORDERLY THEFT FROM VEHICLE DAMAGE TO PROPERTY ROBBERY CHECK FORGERY DISTURB PEACE - DISORDERLY DETOX TRANSPORT THEFT FROM VEHICLE CIVIL DISPUTE LOST PROPERTY DISORDERLY - TRESPASS DISTURB PEACE - PUBLIC NUISANCE UNWANTED PERSON MISCELLANEOUS PUBLIC ASSIST PUBLIC ASSIST CIVIL DISPUTE SUSPICION 0 M . Billiard Street Cafe dba Two Stooges Bar and Grill 10287486 TWO STOOGES 12/19/2010 DETOX TRANSPORT 10295811 FISK 12/31/2010 LOST PROPERTY 30 Police Calls for Service in 2010 vs. 48 in 2009 and 31 in 2008. Sales Ratios 2010: Gross Food Sales $851,098 41.6% of sales Gross Liquor Sales $1,193,906 58.4% of sales Total Gross Sales $2,045,004 100% of sales Police Calls for Service Ratio (total gross sales = number of calls): $2,045,004 = 30 = 1 ca11 per $68,167 of gross sales =.15 calls per $10,000 of sales Summary: Police have no major concerns.