02/06/2012 - 6927FRIDLEY GITY COUNCIL MEETING OF FEBRUARY 6, 2012
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FRIDLEY
The City of Fridfey 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. (TTDl572-3534) �'
PLEDGE pF ALLEGIANCE. ��J��J I rs �j APPROVAL OF PROPOSED CONSENT AGENDA:
(�� �� � � NEW BUSINESS iCONTINUEDl:
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of January 23, 2012
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OLD BUSINESS:
1, Second Reading of an Ordinance Establishing
Chapter 224 of the Fridley City Code, Entitled
"Stormwater Iliicit Discharge Detection a�d
Elimination"
and
Adopt Official Title and Summary
Ordinance ............. 1 - 10
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NEW BUSINESS:
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2. Receive the Minutes from the Planning
Commission Meeting of January 18,
2012 ....................................................... 11 - 15
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C�esolution Approving a Subdivision, Lot Sptlt,
� LS #12-01, to Create Twa Buildable Lots,
Generally Located at 551 Hugo Street N.E.
(Ward 3) ................................................ 16 - 22
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5. Resolution Ide�tifying the Need for Livable
Communities Transit Oriented Development (TOD)
Funding and Authorizing Applications for
Grant..................................................... 30 - 33
6. Resofution Ordering Improvement, Approval of
Plans and Ordering Rdvertisement for Bids:
Sanitary Sewer Lining Project No. 416 . 34 - 38
7. Resolution Ordering Advertisement for Bids:
2012 Miscelfaneous Concrete Repair Project
No. 417 ................................................. 39 - 40
8. Approve Assignment of Consulting Services
Agreement for 2012 GIS Technical
Assistance ............................................ 41 - 54
9. Glaims {153691 - 153860) ................
10. Licenses ..
55 - 67
68-71
4. Resolution Approving an Access Agreement between
the City of Fridley and MDW Equity, LLC, Thereby 11. Estimates ......................... 72
Authorizing the Appropriate City Signatures and
Ailowing Executlon of Said Agreement . 23 - 29
ADOPTION OF AGENDA:
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OPEN FORUM. VISITORS: Consideration of items
not on Agenda — 15 minutes.
NEW BUSINESS:
12. First Reading of an Ordinance Amending
Chapter 2, Section 2.06, of the Fridley City
Charter, to Allow for a Vacancy of a Councii
Member to be Filied by Appointment .... 73 - 76
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13. First Reading of an Ordinance Amending the
Fridley City Code, Chapter 121, Section 121.02,
and Repealing Section 129.03, Related to the
Consumption and Display of Liquor ,
NEW BUSINESS (CONTINUEDI:
16. Resolution Receiving Report and Calling for
Hearing on Improvement for Jackson Street
Improvement Project No. 413 ............... 96 - 99
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17. Informal Status Report .......................... 100
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First Reading of an Ordinance Adopting � Z°���atiC-�.�,�P
Fridley City Code, Chapter 604, Related to ts
Consumption and Display Permits, and
Amendiog Chapter 11, Section 11.10,
Establishing Fees .................................. 77 - 82
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14. First Reading of an Ordinance Amending
the Fridiey City Code, Chapter 508, Section
508.21.5.D, and Enacting City Code, Chapter
508, Section 508.21.5.E, Refated to the Sale
and Consumptio� of Alcohol at the Springbrook
Nature Center ........................................ 83 - 84
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15. First Reading of an Ordinance Amending
the Fridley City Code, Chapter 602,
Sections 602.02.3, 602.02.5, 602.05.1, and
602.14.1; Chapter 603, Sections 603.02,
603.07.1, 603.092, 60324, and 603.26.1;
and Chapter 606, Sections 606.09.1 and
606.12.1, Related to On-Sale 3.2% Malt
Liquor, On-Sale InYOxicating Liquor and
On-Sale Intoxicating Liquor Ciubs ........ 85 - 95
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CfTY OF
FRIDIEY
FRIDLEY CITY COUNCIL MEETING
OF FEBRUARY 6, 2012
7:30 p.m. - City Council Chambers
Attendance Sheet
Please nrint name. address and item number you are interested in.
Print Name (Clearlp) Address Item No.
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CITY COUNCIL MEETING OF FEBRUARY 6, 2012
GTY OF
FRIDLEY
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 paRicipate 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.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of January 23, 2Q12
OLD BUSINESS:
1. Second Reading of an Ordinance Establishing
Chapter 224 of the Fridley City Code, Entitled
"Stormwater Illicit Discharge Detection and
Elimination"
and,
Adopt Official Title and Summary Ordinance ................................................ 1- 10
NEW BUSINESS:
2. Receive the Minutes from the Planning
Commission Meeting of January 18, 2012 ..................................................... 11 - 15
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6 2012 PAGE 2
APPROVAL QF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution Approving a Subdivision, lot Split,
LS #12-01, to Create Two Buildable Lots, Generally
Located at 551 Hugo Street N.E. (Ward 3) ................................................. 16 - 22
4. Resolution Approving an Access Agreement between
the City of Fridley and MDW Equity, LLC, Thereby
Authorizing the Appropriate City Signatures and
Allowing Execution of Said Agreement ....................................................... 23 - 29
5. Resolution Identifying the Need for Livable
Communities Transit Oriented Development (TOD)
Funding and Authorizing Applications for Grant ......................................... 30 - 33
6. Resolution Ordering Improvement, Approval of
Plans and Ordering Advertisement for Bids:
Sanitary Sewer Lining Project No. 416 ....................................................... 34 - 38
7. Resolution Ordering Advertisement for Bids:
2012 Miscellaneous Concrete Repair Project
No. 417 ....................................................................................................... 39 - 4Q
8. Approve Assignment of Co�sulting Services
Agreement for 2012 GIS Technical Assistance .......................................... 41 - 54
FRIDIEY CITY COUNCIL MEETING OF FEBRUARY 6 2012 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDI:
9. Claims (153691 — 153860) ......................................................................... 55 - 67
10. Licenses ................................................................................................. 68 - 71
11. Estimates .................................................................................................. 72
ADOPTION OF AGENDA:
OPEN FORUM. VISITORS: Consideration of items not on Agenda — 15 minutes.
NEW BUSINESS:
12. First Reading of an Ordinance Amending
Chapter 2, Section 2.06, of the Fridley City
Charter, to Allow for a Vacancy of a Council
Member to be Filled by Appoi�tment ............................................................ 73 - 76
13. First Reading of an Ordinance Amending the
Fridley City Code, Chapter 121, Section 121.02,
and Repealing Section 121.03, Related to the
Consumption and Display of Liquor
and,
First Reading of an Ordinance Adopting
Fridley City Code, Chapter 604, Related to
Consumption and Display Permits, and
Amending Chapter 11, Section 11.1�,
Establishing Fees ....................................... ...... 77 - 82
...........................................
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6 2012 PAGE 4
NEW BUSINESS (CONTINUEDI:
14. First Reading of an Ordinance Amending
the Fridley City Gode, Ghapter 508, Section
508.21.5.D, and Enacting City Code, Chapter
508, Section 508.21.5.E, Related to the Sale
and Consumption of Alcohol at the Springbrook
NatureCenter ............................................................................................. 83 - 84
15. First Reading of an Ordinance Amending
the Fridley City Code, Chapter 602,
Sections 602.02.3, 602.02.5, 602.05.1, and
602.14.1; Chapter 603, 5ections 6Q3.02,
603.07.1, 603.09.2, 603.24, and 60326.1;
and Chapter 6�6, Sections 606.09.1 and
606.12.1, Related to On-Sale 32% Malt
Liquor, On-Sale Intoxicating Liquor and
On-Sale I�toxicating Liquor Clubs .............................................................. 85 - 95
16. Resolution Receiving Report and Calling for
Hearing on Improvement for Jackson Street
Improvement Project No. 413 ..................................................................... 96 - 99
17. Informal Status Report .................................................................................. 100
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
JANUARY 23, 2012
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 733 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Bamette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Darcy Erickson, City Attomey
James Kosluchar, Public Works Director
Julie Jones, Planning Manager
Darin Nelson, Finance Director/Treasurer
Mayor Lund said that there was a technical flaw in the publication of the Preliminary
Assessment Hearing for Street Rehabilitation Project No. ST2012-01-23 and it will need to be
rescheduled.
MOTION by Councilmember Saeflce to move Item Nos. 5 and 6 to the front of the Agenda.
Seconded by Councllmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Saefke to strike Item No. 5, Preliminary Assessment Hearing on
Street Rehabilitation Project No. ST2Q12-01-23 from the agenda. Seconded by Councilmember
Balkcom.
Councilmember Bolkcom asked why it was being cancelled.
William Eurns, City Manager, said there was a defect in the legal notice but it had nothing to do
with redefinition of the project.
Darcy Erickson, City Attomey, said the defect had to do with the content of the publicatron, not
a change of area for the project. The public notice needs to include the estimate of the project
and it was not included in the publication.
Councilmember Bolkcom added this is part of the state statute and the publication in the Sun
Focus must be conect.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23. 2012 PAGE 2
Attorney Erickson said the individual natices that were mailed included the cost, but the public
notice also has to include the cost. The notice will need to be republished according to state
guidelines and laws,
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
MOTION by Councilmember Saefke to shike Item number 6, Resolution Ordering Final Plans,
Specifications and calling for Bids: 2012 Street Rehabilitation Project No. ST 2012-01, from the
agenda. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION BY Councilmember Saeflce to direct staff to republish the puhlic notice and set up a
public hearing for February 13, 2012. Seconded by Councilmember Bolkcom.
Councilmember Bolkcom said residents will get another mailing notice of the new public
hearing. If homeowners cannot attend the new public hearing, they may send a letter to the City.
CQUncilmember Saefke noted that a11 the letters that were mailed out from the CiCy had coxrect
costs, this is strictly a legal publicarion issue.
UPON A VOICE VOTE, ALL VOTING AYE, MAXOR LUND DECLARED THE
MOTION CARRIED UNAIVIMOUSLY.
PRESENTATION:
WinterFest: January 28, 2012.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of January 9, 2012
Councilmember Saefke noted that on page six, it should read "MOTION by Councilmember
Saeflce to accept the petition into the record."
APPROVED AS AMENDED.
NEW BUSINE5S:
1. Approve Change Order No. 1 for Water Treatment Plant 3 Improvement Project No.
405.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23 2012 PAGE 3
William Burns, City Manager, said $8,100 was saved by using a less expensive filtex media for
the treatment facility at Well #12 on Highway 65. An additional $5,957 was spent by having the
contractor sandblast the backwash tank. The net savings associated with these changes is
$2,143. Staff recommends Council's approval.
APPROVED.
2. Claims (153691-153860).
APPROVED THE CLAIMS AS SUBMITTED AND AS ON FILE.
3, Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the Consent Agenda as presented. Seconded
by Cauncilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to adopt the Agenda as presented. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM VISITOR5:
William Burns, City Manager, responded to a concern that arose at the last meeting regarding
Fridley Terrace and concerns about the Police Department not responding to calls or dQing
frequent checks on the streets and residents. He spoke with the Police Department and they do
respond to police calls that are made. There was also a concem that some construction was
going on without a permit. A small shed was being constructed but that does not require a
building permit. He tried to meet with the individual who brought these concerns fotwazd but
the individual cancelled the meeting. He said he tiied to contaat the individual, but was unable
to xeach him.
Mayor Lund added that he also spoke with the Resident Manager of Fridley Tenace and he is
satisfied with the police assistance. He had nothing but good things to say about our Police
Department.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2012 PAGE 4
PUBLIC HEARINGS:
4. Consideration of Ordinance Proposing to Amend Section 2.06 of the Fridley Charter,
Pertaining to Vacancies in the City Council.
MOTION by Counci]member Bolkcom to open the public heazing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPENED AT
8:00 P.M.
Debra Skogen, City Clerk, said in May of 2010, the Minnesota State Legislature made changes
to the State's election laws determining when special elections could be held. Staff brought this
issue to the Charter Commission for discussion.
Ms. Skogen said the biggest change in the law was the City's inability to hold a special election
between the State Primary Election (held the second Tuesday after the first Monday in August)
the State General Election (held the first Tuesday afrer the first Monday in November) or within
40 days after the State General Election. Sha said if a vacancy did occur, the City would need a
minimum of 67 days to prepare for an election. That would enable the appropriate time to
publish the Notice of Filing, pxovide the appropriate rime far the filing period, test the electronic
election equipment, and provide absentee ballot voting.
Ms. 5kogen said the Charter Commission reviewed the aurrent Charter language; xeviewed other
city charters for examples; discussed several amendments with the City Council in a joint work
session and finally recommended an amendment by ordinance, allowed by MN Statute 41012,
Subd. 7. She said the Charter Commission found the majority of other city charters allowed a
vacancy to be filled by appQintment until the next regular election. Due to the inability to hold a
special election during that time period, a council seat could be left vacant for a considerable
amount of time. And, due to the cost of a special election, an appointment would help save the
city approximately $15,000 for each special election.
Ms. Skogen said based on the Charter's Commissions findings, the Charter Commission
recommended amending the Charter to allow for a vacancy to be filled by appointment and
defined the specifics of the amendment. Ms Skogen said state law required the publication of the
public hearing and amendment prior to the public hearing. The Notice was published in the
Fridley Sun Focus on January 5, 12 and 19, 2012. Staff recommended holding the public
hearing.
Councilmember Bolkcom asked if conference meetings were considered Council meetings for
the section pertaining to vacaneies.
Ms. Skogen answered it did not include conference meetings, only Cauncil meetings.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23. 2012 PAGE 5
Councilmember Saefke said Yhe Charter Commission did a great job in cleaning up the
language and clarifying this ordinance.
Councilmember Bolkcom asked what the next steps vaere to approve the amendment.
Ms. Skogen said the first reading is scheduled for Februaty 6. The second reading will be held
on February 13. If the ordinance is adopted it would become effective 90 days after the day of
publication.
Marilyn Sullivan, 522 — 66`h Avenue N.E., asked why a general election would not be held if
there were less than three members.
Councilmember Bolkcom said there would be an election and one or rivo would be appointed
until the ne� election.
Ms. Sullivan asked if this were adopted, would it be put into law by Council.
Mayor Lund said the Charter Commission has reviewed this and made changes that will
conform better. The Charter Commission makes recommendations to Council for final approval.
If there is a vacancy someone would be appointed until the aext general election.
Ms. Skogen said there are four ways to amend the City Charter. The Charter Commission can
submit an amendment to the people to vote on. A group of people can initiate an amendment fox
people to vote on. The Charter Commission can xecommend language changes for Council to
adopt and Council would have a public hearing and a first and second reading. If during that
time citizens do not like what is passed, they can petition for a referendum of the ordinance. The
fourth way is Council can recommend an ordinance to the Charter Commission and they can
send it back to Council for approval.
Councilmember Bollccam said this is similaz to how our neighboring communicates handle
vacancies.
Councilmember Saefke asked if the Charter Commission unanimously adopted this ordinance.
Ms. Skogen replied yes.
Councilmember Bolkwm noted the City Council does not recommend or adopt Charter
Commission members.
Ms. 5kogen added that if anyone is interested in joining the Charter Commission, they should
contact her fox an applieation. A 10`" Judieial DistricY Judge appoints new members.
Councilmember Varichak asked how many members were on the Charter Commission.
Ms. Skogen answered 15. Recently a inember was removed but a new individual was appointed.
The maximum is 15 and quorum is seven. The Charter meets eight months out of the year.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23, 2012 PAGE 6
MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT
8:12 P.M.
5. Preliminary Assessment Hearing on Street Rehabilitation Project No. ST2012-01-23.
THIS ITEM WAS STRICKEN FROM THE AGENDA.
NEW BUSINESS:
6. ResoluHon Ordering Final Plans, Specifications and calling for Bids: 2012 Street
Rehabilitation Project No. ST 2012-01.
TAIS ITEM WAS STRICKEN FROM THE AGENDA.
7. First Reading of an Ordinance Establishing Chapter 224 of the Fridley City Code,
Entitled "Storm water Illicit Discharge Detection and Elimination."
James Kosluchar, Public Works Director, said inn aceordance with the Federal Clean Water
Act, the Fxidley's storm water system has been permitted as a small municipal separate storm
sewer system (MS4) since 2002. In Minnesota, all small MS4s are permitted by the State of
Minnesota, as administered by the Minnesota Pollution Control Agency (MPCA), who is the
permitting authority for the City of Fridley MS4.
Mr. Kosluchar said in response to national findings that indicate storm water discharges
continue to fail to meet water quality standatds; the United States Environmental Protection
Agency (USEPA) has been directing that more stringent controls be applied to MS4s nationwide.
The Fridley's MS4 permit has been reissued as recently as 2008. This permit reissuance required
that ordinances in the City of Fridley must be in place to address Illicit D'ascharge Detection and
Eliminarian (IDDE).
Mr. Kosluchar said the City provided a schedule to the MPCA by which new legislation is
established by March 2012, This schedule was accepted by MPCA. On January 9, the City
Counci] held a public hearing for this ordinance. There was no public comment; however the
City Council recommended some modifications to clarify the language in the ordinance. These
changes are reflected in the ordinance presented with changes shown since the public hearing. In
addition, italicized text was removed in consistency with other chapters of the City Code.
Mr. Kosluchar said staff is asking Council to approve the first reading of the proposed
ordinance establishfng Chapter 224, Fridley City Code entitled Storm watec Illicit Discharge
Detection and Elimination.
Councilmember Bolkcom asked if the second reading would be held on Fabruary 6.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23 2012 PAGE 7
Mr. Kosluchar answered yes.
MOTION by Councilmember Saefke to waive the reading of Yhe ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED TAE
MOTION CARRIED UNANIMOUSLY.
8. Resolution Ordering Preparation of a Preliminary Report and Preliminary Plans and
Specifications for the Jackson Street Drainage and Street Improvement Project No.
413.
James Kosluchar, Public Works Director, said on December 14, 2011, an open house was held
to discuss the need and options for providing a storm sewer on the 7300 and 74�0 blocks of
Jackson Street for connection of sump pump discharge lines. Twenty-two property owners were
notified of the meeting by mail, and residents from eight praperties attended. Staff gave a
presentation of the issues and possible solution by constructing a storm sewer that could service
the properties. These were presented as concepts, and it was noted that feasibility and
preliminazy design pxocesses would have to take place if there is interest in the project.
Mr. Kosluchar said the condition of Jackson Street was also discussed; while this was not the
focus of the meeting, staff indicated that the City was hesitant to repair the street prior to
rerouting of the sump putnp dischazges. Staff explained that the street wark would likely be on a
different timetable and could be reasonably considered for 2013. The need for special
assessments and resident participation was explained far both storm sewer and street
improvements, and residents indicated support for improvements aftar considering that theix
participation is estimated at $1,250 for the storm water improvements, and $2,000 for the street
improvements.
Mr. Kosluchar said subsequently, on January 9, 2012, Duncan Wagner of 7370 Jackson Street
presented the City Council with tl�e two attached petitions for the storm sewer improvements and
street improvements. If the council chooses to proceed with an improvement based on a petition,
it must have the signatures of the owners of at least 35 percent af the frontage properties
bordering the proposed improvements. Both petitions have been reviewed by staff and provide
over 65% of the required signatures for a petition-initiated pxoject. Staff asks that the City
Council initiate the storm sewer and street projects requested. This will expedite the project by
avoiding publication of a resolution determining whether the perition is Iegally sufficient.
Mr. Kosluchar said the next step to move the project ahead under the special assessment
process is preparation of a feasibilify report. This report will address the scope of the work along
Jackson Street. Prepazation of the feasibility report will allow staff to determine what
construction is needed and can take place within the CIP budget. The feasibility report will
provide a recommendation to the City Council on what construction should take place and the
timing of the unprovements.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23 2012 PAGE 8
Mr. Kosluchar said this resolution orders the preparation of a feasibility report and preliminary
plans for the project. The scope of the proposed report will address street improvements, storm
sewer improvements, and consider utility 4vork, such as water main and sanitary sewer. 5taff
recommends the City Council adopt the attached resolution.
MOTION by Councilmember Saefke to adopt Resolution No. 2012-06. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Motion to Select Curbside Recycling Proposal and Authorize Staff to Negotiate a
Contract.
Julie Jones, Planning Manager, said currently there is a tesidential curbside collection service to
9,211 households (SFH - 12 unit l�uildings). This does not include yazd waste collection or
involve drop-off events. The existing service is a two-sort, weekly service. Allied Waste has
been Fridley's curbside recycling contractar since 1999. The reason a RFP was solicited is
because the existing curbside contract expires March 31, 2012.
Ms. Jones said Allied Waste presented staff with an offer to switch w single sort recycling
several months ago. Upon advice from our legal counsel, staff decided it best to deny the offer
and conduct a request for proposal, opening the oppor[unity to any licensed recycling company.
A RFP packet was developed and placed on the City web site. Notices were sent to the seven
companies licensed in mid-December and there was a short deadline to respond by January 4,
2012. The deadline needed to be short with the contract ending in only three months. 5taff had
delayed the RFP due to the organized refuse collection study.
Ms. Jones said two proposals were received from ACE and Allied Waste. The RFP had
requested an option to e�end the existing two-sort service one year and an option for a multi-
year single sort service. Revenue sharing on the value of recyclables collected was required and
also sharing in the public's education needs of a new type of service was required.
Ms. Jones said staff usad a point system similar to job application reviews to analyze the vazious
components of each proposal. Both proposals scored well, but the City could not afford ACE's
one-year option. Allied did not offer a one-year option. Each company presented a 7-year single
sort option, but neither proposal was affordable during the last two years of term. Staff requested
a third option asking the two companies to rework their offers to remove revenue shaxing. Staff
concluded that the unpredictability of revenue sharing, combined with the County's funding
system was risky. Charter limits on changing recycling service rates prohibits the City to adjusi
the utility billing chazges to match macket rate fluctuations.
Ms. Jones said ACE responded with the same price without revenue sharing, but offered to
manage the City's drop-off events. This was such a significant change, that if accepted, it would
require the City to re-do the RFP. Allied Waste significantly reduced their monthly fee/HHJmo
to $2.35 compared to the current rate of $2.65.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23. 2012 PAGE 9
Ms. Jones said the Allied Proposal would be an every other week single sort collection in carts,
with a 7-pear contract, including the cost of carts. The price per household per month starts at
$2.35 and increases to $2.61 in the final year. There would be no revenue shazing and they
would be adding other #1-7 plastic food containers, aseptic and shopping bags. They would also
direct mail educational materials twice per calendar year,
Ms. Jones said the Environmental Quality & Energy Commission reviewed information about
the proposals on January 17. Their January 10 meeting was delayed a week to allow their input
on revisions. The Commission passed a motion favoring the revised proposal from Allied
Waste. Staff concurs with the EQEC that Allied Waste's proposal offers the best financial
option for the City.
Councilmember Saetke was surprised at the cost. Even after seven years, ii is cheaper than
what we are paying today. If we do not get any revenue shazing it is a good trade-off.
Councilmem6er Bolkcom asked what kind of revenue has heen received over the last several
years.
Ms. Jones said the Ciry used to receive over $100,000 per year, but lately it is down to nothing.
In December it was about $7,000 so it is starting to bounce back a little bit.
Councilmember Bolkcom asked what the funds are used far.
Ms. Jo�es said the funds have to be dedicated to recycling. Some cities use the funds to buy
new park equipment but we use it towazds recycling. One good thing the revenue was used for
was to be able to offer the recycling drop-off events free. That service may change over time
and we may have to charge fees for that event.
Councilmember Bolkcom asked if there would still be a drop-off recycling event in April.
Ms. Jones answered yes, on April 21. There are srill ravenues coming in from lasf year so we
will be able to use those funds to offset the costs.
Councilmember Bolkcom asked if the one-sort service areates mare waste because it gets
contaminated.
Ms. Jones said tt�at was a concern because a lot of the glass gets broken and then it is difficult to
separate by color. One-sort is an inconvenience but it is offset by the added recyclables from
people because it is easier to recycle.
Councilmember Bolkcom noted that apartments struggle with recycling and she asked if this
would be an advantage to them.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23. 2012 PAGE 10
Ms. Jones said currently, apartment complexes with 5 to 12 units have carts on an every other
week system. With the single sort, the building with six containers may go down to four so that
could be a space savings advantage.
Councilmember Bolkcom said adding plastic containers is going metro-wide.
Ms. Jones said that is conect. She asked people not to recycle the additional plastics until the
City starts this new service, because there is no equipment installed at this time to take those
items.
Councilmember Bolkcom asked if residents could request a smaller container.
Ma. Jones answered yes, one size will be delivered to everyone but if people want to switch out
later on, they can ask for a smaller one.
Councilmember Varichak asked what would happen to the bins we are currently using.
Ms. Jones said that people can keep them if they want. Allied would take them back, but we do
not know how that will work yet.
Mayor Lund said the single cart system will be nice and it should cost less as they will 6e
picking up half as often. Regazding the recycling events, the letter says funding could be
available for relevant specific projects when needed. He would like to continue the recycling
events. Maybe Allied could help out with those events.
Ms. Jones is confident we will continue the drop-off events. 5taff will continue to pressure
Anoka County into developing a permanent facility to serve all Anoka County residents with a
permanent year-round facility.
Councilmember Saefke reminded everyone of the paper shredding event once a month in
Blaine at Aquatore Park. There is also a 10-yard dumpster there too to drop off recyclables.
William Surns, City Manager, added that there is an anangement with Hennepin County that
Anoka County residents can use the Hennepin County facilities. They are open almost every day
of the week. There is a fee, but it is affordable. Electronics can be brought to Best Bup and most
items dropped off are free of charge.
MOTION by Councilmember Saefke to select the Allied Waste Curbside Recycling Proposal
and autharize staff to negotiate a contract. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED i3NAiVIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JANUARY 23. 2012 PAGE 11
10. Informal5tatus Reports.
Darin Nelson, Finance Directox, said thare will be a link on the City's website for a caucus
finder.
Councilmember Bolkcam reminded residents that they can recycle Christmas lights t3uough the
end of the month.
William Burns, City Manager, said that the City newsletter will be distributed the first �m�eek in
February.
ADJOURN:
M01TON by Councilmember Barnette to adjourn. Seconded by Councilmember Vatichak.
UP�N A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLX AND THE MEETING ADJOURNED AT 8:55
P.M.
Respectfiilly Submitted,
Krista Monsrud Scott J. Lund
Recording 5ecretary Mayor
AGENDAITEM
o CITY COUNCIL MEETING OF FEBURARY 6, 2012
FRIDLEY
TO: William W. Burns, City Manager �� PW12-011
FROM: James P. Kosluchar, Public Works Director
DATE: January 27,2012
SUBJECT: Second Reading of an Ordinance Establishing Chapter 224 of Fridley City Code
Entitled Stormwater Illicit Discharge Detection and Elimination
in accordance with the Federal Clean Water Act, the City of Fridley's stormwater system has been
permitted as a small municipal separate storm sewer system (MS4) since 2002. In Minnesota, all
smafl MS4s are permitted by the State of Minnesota as administered by the Minnesota Pollution
Control Agency (MPCA�, who is the permitting authority for the City of Fridley MS4.
In response to national findings that indicate stormwaier discharges continue to fail to meet water
quality standards; the United States Environmental Protection Agency (USEPA) has been directing
that more stringent controls be applied to M54s nationwide. The City of Fridley's MS4 permit has
been reissued as recently as 2008. This permit reissuance required that ordinances in the City of
Fridley must be in place to address Illicit Discharge Detection and Eliminat+on (IDDE). .
The City provided a schedule to the MPCA by which new legislation is established by March 2012.
This schedule was accepted by MPCA.
On January 9, the City Council held a public hearing for this ordinance, and the first reading was
held on January 27, 2012. We made two minor modifications to the ordinance after discussion
with the City Attorney in Section 224.08, one adds an exemption for application of ice control
materials, and the second clarifies language. The MPCA Stormwater Division staff has reviewed
the ordinance and have indicated they have no concerns with the ordinance.
We ask that the City Council move to hold the first reading of the proposed ordinance establishing
Chapter 224, Fridley City Code entitled Stormwater Illicit Discharge Detection and Elimination.
JPKfjk
Attachment
1
SUMMARY ORDINANCE NO. _
AN ORDINANCE ESTABLISHING CHAPTER 224 FRIDLEY CITY CODE ENTITLED
STORMWATER 1LLICIT DISCHARGE DETECTION ANll ELIMINATION
1. Title
An ordinance of the City of F'ridley, Minnesota, amending the Fridley City Code to create a new
Chapter pertaining to stormwater illicit discharge detection and elimination.
Ii. Summarv
The Ciry Council of the City of Fridley does hereby ordain as follows:
Chapter 224 of ihe Fridley City Code is hereby created to provide for the health, safety, and general
welfare of the citizens of the City of Fridley through the regulation of non-stormwater discharges to the
storm drainage system to the maximum extent practicable as required by federal and state ]aw. This
chapter establishes methods for contro(fing the intr�duction of pollutants into the municipal separate
storm sewer system (MSd) in order t� comply with requirements of the MS4 permit issued to ihe Cit�� of
Fridley by the Minnesota Poll�ition Control Agency (MVCA) under rhe Nation�l Pollutant Discharge
Elimination System (NPDGS) permit process.
III. Notice
This title and summary has been published to clearly inform the public of the intent and eftect of
the Ciry Code of the City of Fridley. A copy of the ordinance, in its entirety, is available for
inspection by any person during regular business hours at the offices of the City Clerk of the Ciry
of Fridley, 6431 University Ave N.E., Fridley, MN.
PASSED AND A[70PTGD BY THE C[TY COUNCIL OF THE CITY OF FRIDLEY TH[S
DAY QF 2012.
ATTES'1':
DESRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
� Second Reading:
Publication Date:
January 9, 2�! 1
January 23, 2011
[ <bru_,1ry_t;,�?(11,
2
SCOTT J. LUND, MAYOR
ORDINA�YCE NO.
AN ORDINANCE ESTABLISHING CHAPTER 224 FRIDLEY CTTY CODE ENTITLED
STORMWATER ILLICIT DISCHARGE DETECTION AND ELIMINATION
The City Council of the City of Pridley hereby ordains, after review, examination and recommendation of
staff that Chapter 224 Fridley City Code established as follQws:
224A1. YURYOSE OF CHAPTER
The purpose of this chapter is to provide for the health, safety, and general welfare af the citizens of the
City of Fridley through the regulation of non-stormwater discharges to the storm drainage system to the
maximum extent practicable as required by federal and state law. This chapter establishes methods far
controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order
to comply with requirements of the MS4 permit issued to the City of Fridley by the Minnesota Pnllution
Control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES) permit
process. The objectives of this chapter are:
I. To regulatc the contribution of pollutants to the MS4 by stonnwater discharges by airy user.
2. To prohibit illiclt connections and discharges to the MS4.
To establish legal a�rthority to carry out all inspection, surveillance, monitoring and enforcement
procedures necessary to ensure compliance with this chapter.
224.02. DEFINITIONS
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except N�here the context clearly indicates a different meaning�.
1. IIest Management Practices or BMPs means practices approved by the City of Fridle,y to
prevent or reduce the poflution of the Waters of the State, inc(uding schedules of activities,
prohibitions of practices, and other management practices, and also includes treatment
requirements, operating procedures and practices to control plant site runoff, spillage or
leaks, sludge, or waste disposal or drainage from raw material storage.
2. City Manager means the City Manager as defined in the City of Fridley Charter, or the City
Manager's designee.
3. Hazardous materials means any material, ineluding any substance, waste, or cpinbination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial prasent or potential hazard to human
health, safety, property, a the enviromnent when improperly treated, stored, transported,
cJisposed of, or otherwise managed.
4. lllicit discharge means any direct or indirect non-st�rmwater discharge to the storm drainage
system, except as exempted in Section 224.08 of this chapter.
�
Ordinance No.
5. lllicit wnnection is defined as either of the following:
Page 2
A. Any drain or conveyance, whether on the surfacz or subsurface that allows an illicit discharge
to enter the storm drainage system including 6ut not limited to seH�age, process wastewater,
wash water and any connectians m the storm drainage system from indoor drains and sinks,
regardless of whether said drain or connection had been previousty allowed, permitted, or
approved by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial land use to the storm
drainage system that has ❑ot been documenled in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
6. lndustria] activity means activities subject to NPDES Industrial Stormwater Permits as defined in
40 CFR, Section 722.26 (b)(14) titled Storm water discharge associated �vith industrial activitv.
7. Municipal separate storrn sewer system (MS4) means the system of conveyances (including
sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains) owned and operated by the City oF Fridley and designed or
used for colfecting or conveying stormwater, and that is not used for collecting or conveying
sewage.
8. National Pollutant Discharge Efimination System (NPDES) Stormwater Discharge Fermit means
a permit issued by Minnesota Pollution Control Agency (MPCA) that authorizes the discharge of
pollutants ta Waters of the Statz, whether the permit is applicable on an individual, group, or
general area-wide basis.
9. Non-stormwater discharge means any discharge to the storm drainage system that is not
composed entirely of stormwater.
10, Person means any individual, association, organization, partnership, firm, corporation or other
entity recognized by law and acting as either the owner or as the owner's agent.
1 l. Pollutant means anything which causes or contributes to pollution. Pollutants may include, but
are not Iimited to: paints, varnishes, and solvents; oil and other automotive tluids; non-hazardous
liquid and solid wastes and yard wastes; refiise, rubbish, garbage, litter, or other discarded or
abandoned objects, ordinances, and accumulations, so that same may cause or contribute to
pollution; Floatabfes; pes[icides, herbicides, and fertiGzers; ha2ardous substances and wastes;
sewage, fecal colitorm and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues ihat result from constructing a building or structure; and noxious or of%nsive matter
of any kind.
12. Premises means any building structure, facility, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
l3. Storm drainage system means publicly-owned facilities by which stormwater is collected and/or
convayed, induding but not limited to xny roads with drainage systems, municipal streets,
gutters, curbs, inlets, piped storm drains, pumping facilipes, retention and detention basins,
natural and human-made or altered drainage channeis, reservoirs, and other drainage structures.
14. Stormwater (also storm water) means any surface flow, runoff, and drainage consisting entirely of
water from any form of natural precipitation, and resulting from such precipitation.
�]
Ordinance No.
Page 3
I5. Storm��ater management plan means a document which describes the best manageme�t practices
and activities to be implemented by a person or business to identify sources of pollution or
contamination at a site and the actions to eliminate or reduce pallutant discharges to stormwater,
stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
16. Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged
from a premises.
17. Warercourse means a ditch, stream, creek, or other defined channel intended for the conveyance
of water runoff, groundwater discharge or similar hydraulic or hydrologic purpose.
18. Waters oP the SYate means, "all sueams, lakes, ponds, marshes, watercours'es, waterways, wells,
springs, reservoirs, aquifers, irrigation systems, drainage systems and a(I other bodies or
accumulations of water, surface or underground
contained within, flow through, or border upo
defined in Minnesota Statutes Seetion 1 I 5.01,
from time to time.
224.03. APPLICABILITY
, natural or artiFicial, public or private, which are
n the state or any portion thereoP' as currentfy
Subdivision 22, and as may be further amended
This chapter shall apply to all water entering the s[orm drainage system generated an any developed and
undeveloped lands unless explicitly exempted by the City of Fridley.
22�.04. RESPONSIBILITY FOR ADIVIINISTRATION
The City of Fridley shall administer, imp(ement, and enforce the pravisions of this chapter. Any powers
granted or duties imposed upon the City of Fridley may be delegated in writi�g by the City Manager to
persons or entities acting in ihe beneFcial interest of or in the employ of the Ciry.
224.05. COMPATIBILITY V1'ITH OTHER REGULATIONS
This chapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision
of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule,
re�idation, or other provision of law, and where any provision of this chapter imposes restrictions
different f'rom those imposed by any �ther ordinance, rule, regulation, ar other provision oF law,
whichever provision is more restrictive or imposes higher protective standards for human health or the
environment shall control.
224.06. SEVERABILITY
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or
paragraph Qf this chapter or the application thereof to any person, establishment, or circumstances shall be
held invalid, such invalidity shall not affect the other provisions or applicatioi� of this chapter.
224.07. ULTIMATE RESPONSIBILlTY
The standards set forth herein and promulgated pursuant to this chapter are minimum standards, therefore
this chapter does not intend or imply that compliance by any persan will ensure that there will be no
contamination, pollution, or unauthorized discharge of pollutants.
5
Ordinance No.
224.08. DISCHARGE PROHIBITIONS
Page =1
Prohibition of illicit dischaeges. No persan shall throw, drain, or atherwise discharge, cause, or
allow others under its controf to throw, drain, or otherwise discharge into the MSA any pollutants
or waters containing any pollutants, other than s-tormwater. The commencement, cond��ct or
continuance af any illicit dischaige to the storm drainage system is prahibited except as described
as follows:
A. Discharges from Ihe following sources are exempt from discharge prohibitions established by
this chapter: flows from riparian habitats and wetlands, diverted stream flows, rising
groundwater, spritigs, uncontaminated groundwaTer infil[ration, uncontaminated pumped
groundwater, uncontaminated �i�ater from foundation or footing drains, crawl space pumps,
air conditioning condensate, irriga[ion water, lawn watering discharge, individual residential
car washing, water hydrant flushing or other water Ireatment or distribution system,
discharges from potable water sourcas, and s2reet wash water.
1) Discharge c�f swimming pools, crawl spaces, sump pumps, footing drains, and other
sources that may be determined to contain sediment or other fonns of pollutants may not
be dischxrged direetly to a gutter or storm sewec This discharge must flow over a
vegetated area to allow Iiltering of pollutants, evaporation of chemicals, and infiltration
ot'water consistent with the stormwater requirements of the Ciry of Fridley.
6. Discharges or flow from firefigh[ing and other discharges specified in writing by the Ciry of
Fridley as being necessary to protect public health and safety.
C. Discharges as'soeiated with dye testing; however this activity requires a verbal notification to
the City of Fridley prior ta the start of any testing.
D. Dischart,es z��oeiat�d wi(h the n.�e,sar�� u,e of snoti� ar�d ice coniri�l n'�alcrials on nx�_ed
wrf aces.
E, "�'�;;r-�;:c;�,:,r .'� '-n, '�'^'-a�.: -.°;�:Any non-storm�i�ater discharge permitted under an
NPDES permit, waiver, or waste discharge order issued to the discharger and administered
under the authority ot'the Minnesota Pollution Control Agency (MPCA), provided that the
discharger is in full compliance with all requirements of the permit, waiver, or order and
other applicabfe laws and regulations, and provided that written approval has been granted for
any discharge [o the srorm drainage system.
2. Prohibition of illicit connections.
A, The construction, usc, maintenance or continued existence of illicit connections to the storm
drainage system is prohibited.
This prohibition expressly includes, without limitation, illicit conneclions made in ihe past,
regardless of whether the connection was permissible under Iaw or practices appficable or
prevailing at the time of connection.
C. A person is considered to be in violation of this chapter if the person connects a line
c�nveying sewage to the MS4, or allows such a connection t� continue.
l�J
D, Connections in violation of this c6apter must be disconnected and redirected, if necessary, to
an approved onsite wastewater management system �r the sanitary sewer system upon
approval of the City of Fridley.
E. Any drain or conveyance that has not been documenTed in plans, maps or equivalent, and
which may be conneoted to the storm sewer system, shall be located by the owner or
occupant of that property at the owner's or occupanYs sole expense upon receipt of written
notice of violation from the City of Fridley requiring that such locating be completed Such
notice will specify a reasona6le time period within which the location of the drain or
conveyance is to be determined, that the drain ar conveyance be identified as storm sewer,
sanitary sewer or other, and 2hat the outfall locatio� or point of connecdon to Ihe smrm sewer
system, sanitary sewer system or other discharge point be identified. Results of these
investigations are to be documented and provided to the Ciry of Fridley.
224.09. WATERCOURSE PROTECTCON
Every person owning property through which a watercourse passes, or such person's lessee, shall keep
and maintain that part of [he watercourse within the property free of t'rash, debris, yard waste, excessive
vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water
through the watercourse.. In addition, the owner or lessee shall maintain existin� privately owned
structuras at the owner's or lessee's sole expense within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical integrity af the watercourse.
22410. RIGHT OF ENTRY
Provided the Ciry of Fridley gives 24-hours advance notice, the City of Fridley shall be permitted to enter
and inspeet premises subject to regulation under this chapter as often as may be necessary when entrance
is deemed by the City to be necessary to determine compliance with this chapter. However, in cases of
emergency or on�oing discharge, the City of Fridley shall be given immediate access.
1. Unreasonable delay in allowing the City �f Fridley access to a premises is a violation of this
ordinance.
2, The City of Fridley may seek issuance of an administrative search warrant from any court of
competentjurisdiction if it has been refused access to any part of'the premises from which storm
water is discharged, and 1) is able to demonstrate pro6able cause to believe that there may be a
violation of this chapter, or 2) that there is a need to inspect and/or sample as paR of a routine
inspection and such sampling program is designed to verify compliance with this ordinance or
any order issued hereunder, or 3) to protect the overall public health, safety, and welfare of the
community.
224,ll. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORMWATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES
The CiYy of Fridley will adopt requirements identifying BMPs for any aetivity, operation, or premis-es
which may cause or cQntribute to pollution or contamination oi stormwater, the storm drainage system, or
Waters of the State. The owner or operator of such activity, operation, or premises shall provide, at the
Qwner's or operator's sole expensc, reasonable protectian from accidental discharge of prohibited
materials or other wastes into the municipal storm drainage system or watercourses through the use of
these structural and nonstructural t3MPs.
%
Ordinance No.
Page 6
Further, any person responsible for a property or premises that is, or may be, the source of an illicit
discharge, may be required to implement, at said person's sole expense, additional structural and non-
structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and
conditions of a valid NPDES permit authorizing the discharge of stormwater associated with indnstrial
activity, to the extent practicable, shall ba deemed proof of compliance with the provisions of this section.
These BMPs shall be part of a stormwater management plan (S WMP) as necessary for compliance with
requirements of the NPDF.S pennit.
224.12. VIOLATIONS AND YENALTIES
Any person violating any provision of this chapter is guilty of a misdemeanor and may be prosecuted tor
violations of this chapter, ln addition ro criminal prosecution for violations of this chapter, the City of
Fridley may, in its discretion, invoke any of the following remedies for violations of this chapter:
Emergency cease and desist orders. When the Ciry of Fridley finds that aiiy person has violated,
or continues to violate, any provision or this chapter, or any order issued hereunder, or that the
persods past violations are likely to recur, and that the person's violation(s) has (have) caused or
contributed to an actual or threatened discharge to the MS4 or Waters of the State which
reasonably appears to present an imminent or substantiaf endangerment to the health or welfare of
persons or to the environment, the City of Fridley may issue an order to the violator directing It
immediately to cease and dasist all such violations.
2. Stop work orders. When the City of Fridley finds that construction activity has resulted in
violatio�s of any provision of this chapter or any order issued hereunder, or that the person's past
violations are likely to recur, the City of Fridley may issue a stop work to the viofator, directing
the violator to stop work immediately and directing that no further work be perfonned until
compliance with this chapter is demonstrated.
3. Written warnings. When the Ciry of Fridley finds that a person has violated a prohibitian or
failed lo meet a requirement of this chapter and the violation or failure to meet a requirement has
no ongoing adverse impact to the MS4 or Waters af the State, it may issue a written warning to
the violatar, provided that it is the person's first viofafion or failure to meet a requirement, to
o6tain voluntary compliancc with this ahapter.
4. Notice of violation. Whenever the City of Fridley finds that a person has violated a prohibition or
fail�d to meet a requirement of this chapter, it may order compiiance by wrilten riotice of
violation to the persoa Such notice may require without limitation:
A. The performance oi'monitoring, analysis, and reporting;
B. The elimination of illicit connections or discharges;
C. That violating discharges, practices, or operations sha➢ cease and desist;
D. The abatement or remediation of stormwater pollution or contamination hazards and the
restaration of any affected property;
�
Ordinance No.
Page 7
E. The implementation of source control or treatment 6MPs. If abatement of a violation andfor
restoration of affected properly is required, the notice shall ser forth a deadline within which
such remediation or restoration must be completed. Said notice shall further advise that,
should the violator fail to remediate a restore within the established deadline, the work will
be done by a designated governmental agency or a contractor and the expense thereof shall be
charged m the violator,
F. The n�tice shafl state that the determination of violation may be appealed by the use of ihe
process described in this chapter.
G. Any person receiving a notice of violation may appeal the determinatian of the City oY
Fridley. 'i'he� notice of appeal must be received by the City Clerk within seven (7) calendar
days from the date of the notice of violation. Hearing on the appeal before the City Manager
shall take place within seven (7) calendar days from the da[e of receipt of the notice of
appeaf. The decision of the City Manager shall be tinal.
H. lf the violation has not been corrected pursuant to the requirements set forth in the notice of
violation, or, in the event of an appeal within fifteen (15) days of the decisian of the City
Mana�,er upholding the decisian of ihe City of Fridley, t'hen representatives of the City of
Fridley may enter upon the subject private property and are authorized to take any and all
measures necessary to abate the viQlation and(or resYOre the property. It shall be unlawful for
any person, owner, agent or person in possession of any premises to refuse to all�w the
governmeni agency or designated contractor to enter upon the premises for the purposes set
forth above.
5. Suspension due illicit discharge. �Phe Ciry of Fridley may suspend MSA discharge access under
the following circ�imstances:
A. Suspension due to illicit discharge in emergency situations. The City of Pridley may, without
prior notice, suspend MS4 discharge access to a person when such suspension is necessary to
stop an actual or threatened discharge that presents or may present imminent and substantial
danger to the environment, or to the health or welfare of persons, or ta the MS4 or Waters of
the State. If the violator fails to comply with a suspension order issuzd in an emergency, the
City of Fridley may take such steps as it deems necessary to prevent or minimize damage to
the MSA or Waters of the State.
B. Suspension due to detection of i]licit discharge. Any person discharging to the MS4 in
violation of this chapter may have its MS4 access suspended if such suspension would abate
or reduce an illicit discharge. The City of Fridley will notify the violator of the proposed
suspension of its MS4 acces's. The person may petition the City oF Fridley far
reconsideration and hearing. A person c�mmits an offense if the violator reinstates MS4
access to premises suspended pursuant to this chapter, without the prior approval of the City
of Fridley.
6. Violations deemed a public nuisance. !n addirion to the enforcement pr�cesses and penalties
provided, any condition caused or permitted to exist in violation of any uf the provisions of this
chapter is a threat to pubiic health, safety. and welfare, and is dedared and deemed a nuisance.
�
Ordinance No.
22413 COST OF ABATEMENT _
Page 8
Within thirCy (30) days aftzr abatement af a violation of this chapter, the owner of the property will be
notified of the cost of abatement, induding administrative costs. If the amount due is not paid withir�
thirty (30) days, or other term approved by the City Manager, the City of Fridley may levy the charges as
a special assessment against the properly pursuant to Chapter 429 of Minnesota Statutes, including
Minnesota Statutes § 429.101. The assessments shall constitute a lien on the properry for the amount of
the assessment. Any person violating any of the provisions of this chapter shall become liable to the City
by reasan of such violation.
224.14. REMEDIES NOT EXCLUSNE
The remedies listed in this chapter are not exclusive of any other remedies, including but not limitad to
civil action to enjoin or otherwise compel the cessation of any violation of this chapter, available under
any applicable federaf, state or local law, and it is within the discretion of the City of Fridley to seek
cumulative remedies. The City oF Fridley may recover all attomeys' fees, court costs and other expenses
associated with enforcem�nt of this chapter, including sampfing and monitoring expenses.
PASSED AND ADOPTED BY "fHE CiTY COUNCIL OF TNE CITY OF FRIpLEY TH1S _ DAY
OF , 2012.
A'fTEST:
Debra A. Skogen, City Clerk
Public Hearing:
First Reading:
� Second Reading:
Publication Date:
January 9, 2012
January 23, 2012
I cbtuas��20I.2
��
Scott J. Lund, Mayor
PLANNING COMMISSION MEETING
January 18,2012
Chairperson Kondrick called the Planning Commission Meeting to order at b:58 p.m.
MEMBERS PRESENT:
MEMBER3 ABSENT:
OTHERS PRESENT:
Approval of Minutes:
David Kondrick, Jack Velin, Brad Sielaff, Leroy Oquist, and Dean
Saba
Tim So]berg and Brand Dunham
Stacy Stromberg, P]anner
Pau] Bolin. HRA Assistant Executive Director
November lb, 2011
MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by
Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING
Consideratioo of a Lot Split, LS #12-01, by the Housing & Redevelopment
Authority in and for the City of Fridley, to split one lot to create rivo buildable
residential lots, legally described as Lots 19-24, Block G, Riverview Heights, subject
tot easement of record, generally located at 551 Hugo Street.
MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 7:02 P.M.
Stacy Stromberg, Planner, stated the petitioner Paul Bolin, Assistant Executive Director of the
City's Housing and Redevelopment Authority (HRA), is seeking a lot split to sub-divide the lot
at 551 Hugo Street, to create two single family lots, for the HRA's Housing Replacement
Program (HItP). Sub-dividing this large lot w➢Il allow for the construction of two new single
fami]y homes.
Ms. Stromberg stated the original home on this lot was constructed prior to 1949, wiCh a
detached garage constructed in 1966. An addition to the home was constructed in 1995. The
HRA acquired the property in 2011 and both the home and garage were torn down as a result of
extensive water damage.
11
Planning Commission Meeting
January 18, 2012
Page 2 of 5
Ms. Stromberg stated the property is zoned R-1 Single Family as are all sunounding proper[ies.
Fridley City Code requires that single-family ]ots in the R-1 zoning district be a minimum of
75 feet in width with a minimum total lot area of 4,000 squaze feet. Both of the proposed lots,
"Pazcel A" and "Parcel B" will be 75 feet in width and 1] 0 feet deep, which is 8,250 square feet
in size. As a result, both lots will be substandard in meeting the lot size requirement by 750
square feet.
Ms. Stromberg stated the Subdivision oTdinance states that if the Planning Commission or City
Council finds that any regulations or requirements of the Code cannot be met by a particular
subdivision, they may grant approval of a lot split request with minor variances. Recognizing
minor code deficiencies through the platting process is not intended to set precedence for future
vaziance requests.
Ms. Stromberg stated 'at sbould be nated that when Riverview Terrace was platted in 1922, alI of
the lots were platted with a 110-foQt lot depth and a 25-foot lot width for interiot lots and 30-foot
lot width for comer lots. A majority of the lots have been combined to meet the 50-foot lot
width requirement, however the lot depth is still 110 feet. These lots aze consider conforming as
a result of the O-6, Overlay District that was approved in 2000 to permit expansion and new
construction on ]ots created and recorded prior to December 29, 1955, that are between 5,000
and 7,499 square feet in size.
Ms. Stromberg stated the proposed lot split meets the intention of the Riverview Tenace plat
and will be consistent with the size of the majority of the lots in this area. The creation of two
lots versus one large lot will also allow the HRA to meet the goals of the HRP by providing
additional housing opportunities and reim=estment in this neighborhood.
Ms. Stromberg stated the City has not heard from any neighboring property owners.
Ms. Stromberg stated City Staff recommends approval of this lot split request, with sdpulations,
as it provides additional homeownership opporntnities.
Ms. Stromberg stated City Staff cecommends that if the lot split is granted, the following
stipulations be attached.
l. Al] necessary permits shall be obtained prior to construction.
2. Grading and drainage plan to be approved by City's engineering staff priorto the
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
3. Property owner at time of buiiding permit application shall provide proof that any
existing wells or individual sewage treatment systems located on the site are
properly capped or removed.
4. Property owner at time of building permit application for the construction of each
single family home shall pay $75o.00 required park dedication fee.
12
Planning Commission Meeting
7anuazy 18, 2012
Page 3 of 5
5. Property owner at time of building permit application for the construction of each
single family home shall pay all water and sewer connection fees.
Commissioner Saba asked Mr. Bolin whether the City got a good deal on the property.
Paul Bolin, HRA Assistant Executive Director, replied the City paid $65,000 for the property
plus paid $I5,000 in demolition costs. They are tentatively planning on selling each lot for
$45,QOQ-$50,000.
Chairperson Oquist asked if there were very many other properties like this, and how does the
HRA become aware of them.
Mr. Bolin replied, at this time there are not any other properties like this as the banks are holding
out on their foredosed properties, and he expects them to start letting them go again in late
winter, early spring. They are able to become aware of leads on these types f properties through
a national clearinghQUSe for Fannie Mae and Fannie Mac as they will send out notices to the
cities. Also, he accesses them through MLS and is notified via e-mail when a new one comes on
the mazket
Commissioner Sielaff expressed concem about the buyers being held responsible for any wells
being on the properYy as stated in Stipulation No_ 3 and believed the City should know whether
there aze any before they sell the property.
Ms. Stromberg stated that is a typical stipulation that is always included on ]ot split and plat
applications.
Mr. Bolin stated they have found none after the excavation they have done on the property,
along with quite significant grading.
Commissioner Velin stated he sort of agrees with Commissioner 5ielaff that it should be the
seller's responsibility to know whether there are any wells.
Commissioner Sielaff asked what would it take for the City to be sure there are no wells?
Ma Bolin replied, besides extensive excavating of the entire lot and digging it up to see if there
aze any, they contact the Hea]th Department and look for records of any capped welis.
Chairperson Kondrick commented it is probably a good thing to have that stipulation on there
to protect the City in case there does happen to be a well that is not recorded with the Health
Department and that way the City would not be held responsible for the cost of capping it, ete.
MOTION by Commissioner Saba to close the public heazing. Seconded by Commissioner
Oquist.
13
Planning Commission Meeting
January 18, 2012
Page 4 of 5
UPON A VQICE VOTE, ALL VOTING AYE, CHATRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 723 P.M.
CUairperson Kondrick stated he has no problem with this.
MOTION by Commissioner Saba Approving Lot Split, LS #12-01, by the Housing &
Redevelopment Authority in and for the City of Fridley, to split one lot to create two buildable
residential lots, lega]ly described as Lots 19-24, Block G, Riverview Heights, subject to
easement of record, generally located at SS l Hugo Street with the �oliowing stipulations:
1. All necessary permiis shall be obtained prior to construction.
2. Grading and drainage plan to be approved by City's engineering staff prior to the
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
3. Property owner at time of building permit application shall provide proof that any
existing wells or individual sewage treatment systems located an the site are
properly capped or removed.
4. Property owner at time of building permit application for the construction of each
singie family home shall pay $750.00 required park dedication fee.
5. Property owner at time of building permit application for the construction of each
single family home shall pay all water and sewer connection fees.
5econded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
2. Receive the Minutes of the November 3, 2011, Housing and Redevelopment
Authority Commission Meeting.
MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
3. Receive the Minutes of the December 1, 2011, Housing and Redevetopment
Authority Commission Meeting.
MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRTED UNANIMOUSLY.
14
Planning Commission Meeting
January 18, 2012
Page 5 of 5
4. Receive the Minutes of the November 8, 2Q11, Environmental Quality and Energ,y
Commission Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Ms. Stromberg stated the Fabruary 15, 2012 Planning Commission meeting is cancelled.
ADJOURN
MOT10N by Commissioner Sielaff adjourning the meeting. Seconded by Commissioner Velin.
UPON A VOTCE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING
ADJOURNED AT 7:28 P.M.
Respectfully submitted,
�� �.���
Denise M. 7ohnson
Recording Secretary
15
'�
CfTY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 6, 2012
January 31, 2012
William Burns, City Manager ��r
Scott Hickok, Commu�ity Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
A Resolution to approve a Lot Split Request, LS #12-01, Housing and Redevelopment
Authority in and for the City of Fridley
Paul Bolin, Assistant Executive Director of the City's Housing and Redevelopment Authority (HRA) is
seeking a lot split, to sub-divide the lot at 551 Hugo Street, to create two single family lots, for the
HRA's Housing Replacement Program (HRP�. Sub-dividing this large lot will allow for the construction of
two new single family homes. -� . ��"¢� �
PLANNING COMMISSION RECOMMENDATION
At the January 18, 2Q12, Planning Commission
meeting, a public hearing was held for lS#12-01.
After a brief discussion, the Planning Commission
recommended approval of the lot split request, LS
#12-01, with the stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the
Planning Commission.
STIPULATIONS
1. Al/ necessary permi[s sho/l be obtarned
prior to constructron.
2. Groding and drainage plan to 6e approved 4y City's engineering sTaff prior to the issuance of any
building permits, in order to minimize impacts to the surrounding properties.
3. Property owner at time of building permrt application shall provide proof that any existing wells
or individual sewage treotment systems locaYed on The site are properly capped or removed.
4. Property owner ot time of building permit applicotion for the construction of each single family
home shall pay $750.00 required park dedication fee.
5. Property owner ot time of building permit application for the construction of each sing/e family
home shall pay all woter and sewer connection fees.
16
City of Fridley Land Use Application
LS #12-01 January 18, 2012
GENERAL INFORMATION
Applicant:
City of Fridley — HRA
Paul Bolin
6431 University Avenue NE
Fridley MN 55432
Requested Action:
Lot Split
Purpose:
To create an additional single-family lot
Existing Zoning:
R-1 (Single Family Residential)
Location:
551 Hugo Street
Size:
16,500 sq. ft.
Existing Land Use:
Vacant land
37 acres
Surrounding Land Use & Zoning:
N: Single Family & R-1
E: Single Family & R-1
S: Single Family & R-1
W: Single Family & R-1
Comprehensive Plan Conformance:
Consiste�t with Plan
Zoning Ordinance Conformance:
Section 205.07 requires a minimum lot size
of 9,000 sq. ft, and a minimum lot width of
75 ft,
The proposed lots are substandard in lot
size requirement; however they meet the
lot width requirement. Recognition of the
substandard can be done through the lot
split process
Zoning History:
� 1922 — Lot is platted.
• House built prior to 190.9.
• 1966 — Detached garage constructed.
• 1995 — Addition to home.
• 2D11— Home and garage demolished.
Legal Description of Property:
Lots 19 thru 24, Block G, Riverview Hei�ht
SPECIAL INFORMATION
Public Utilities:
Water and sewer services are available in the street
Transportation:
Hugo Street will provide access to both newly
created parcels
Physical Characteristia:
Level, open lot with a few trees
SUMMARY OF PROIECT
Paul Bolin on behalf of the City's HRA is seeking a
lot split, to sub-divide the lot at 551 Hugo Street, to
create two single family lots, for the HRA's housing
replacement program. Sub-dividing this large lot
will allow for the construction of two new single
familv homes.
SUMMARY OF ANALYSIS
City Staff recommends approval of this lot split
requesi.
• Provides additional homeownershiQ
opportunities within the City.
CITY COUNCIL ACTIONJ60 DAY DATE
City Council — February 6, 2012
Subject Praperty
Staff Report Prepared by: Stacy Stromberg
17
LAND USE APPLICATION
LOT SPLIT #12-01
ANALYSIS
Paul Bolin, Assistant Executive Director of the City's Housing and Redevelopment Authority (HRA) is
seeking a lot split, to sub-divide the lot at 551 Hugo Street, to create two single family lots, for the HRA's
Housing Replacement Program (HRP). Sub-dividi�g this targe lot will allow for the construction of two
new single famity homes. ' �. , ' ' �' _:3
The original home on this lot was constructed
prior to 1949, with a detached garage
constructed in 1966. An addition to the home
was constructed in 1995. The HRA acquired the
property in 2011 and both the home and garage
were torn down as a result of extensive water
damage.
The property is zoned R-1 Single Family as are all
surrounding properties. Fridley City Code
requires that single-family lots in the R-1 zoning
district be a minimum of 75 ft. in width with a
minimum total lot area of 4,000 sq. ft. Both of `" `" " �
the proposed lots, "Parcel A" and "Parcel B" will �"` - �
be 75 ft. in width and 110 ft. deep, which is 8,250 sq. ft. in size. As a result, both lots will be substandard
in meeting the Iot size requirement by 750 sq. ft.
Section 211 of the Subdivision ordinance states that if the Planning Commission or City Council find that
any regulations or requirements of the Code cannot be met by a particular subdivision, they may grant
approval of a lot split request with minor variances. Recognizing minor code deficiencies through the
platting process is not intended to set precedence for future variance requests.
It should be noted that when Riverview Terrace was platted in 1422, all of the lots were platted with a
110 ft. lot depth and a 25 ft. lot width for interior lots and 30 ft. lot width for corner lots. A majority of
the lots have been combined to meet the 50 ft. lot width requirement; however the lot depth is still 110
ft. These lots are considered conforming as a result of the 0-6, Overlay District that was approved in
200Q to permit expansion and new construction on lots created and recorded prior to December 29,
1955, that are between 5,000 and 7,499 square feet in size.
The proposed lot split meets the intention of the Riverview Terrace plat and will be consistent with the
size of the majority of the lots in this area. The creation of two lots versus one large lot will also allow
the HRA to meet the goals of the HRP by providing additional housing opportunities and reinvestment in
this neighborhood.
The City hasn't heard from any neighboring property owners.
STAFF RECOMMENDATION
City Staff recommends approval of Yhis lot split request, with stipulations.
. Provide additional homeownership opportunities.
�
STIULATIONS
City Staff remmmends that if the (ot splrt is granted, the following stipulations be attached.
1. A!I necessory permits shal� be obtoined prior to construction.
2. Grpding and droinage plan to be approved by Crty's engineering staff prior to Yhe issuance of any
buifding permits, in order Yo minimize impacts to the surrounding properties.
3. Property owner at time of building permit application sha/l provide proof that any existing we!!s
or individua/ sewage treatmeni systems located on the site are properly capped or removed.
4. Property owner aY time of buildrng permit appiicafion jor the construction of each sing(e family
home shal/ pay $750.00 required park dedicairon fee.
5. Property owner at time of 6uilding permit applicotion for the construction of each sing�e family
home shall pay a�l water and sewer connection fees.
19
RE50LUTION NO.
A RESOLUTION APPROVING A SUBDIViSION, LOT SPLIT, LS #12-01,
TO CREATE TWO BUILDABLE LOTS, GENERALLY LOCATED AT 551 HUGO
STREET
WFiEREAS, the Planning Commission held a public hearing on the Lot Split, LS #12-01,
on January 18, 2012 and recommended approval; and
WHEREAS, the City Council at the February 6, 2012 meeting approved the Lot Split
request; and
WHEREAS, such approval was to create iwo buildable single family home lots, based
on new legal descriptions which read as follows:
Proposed Parcel "A". Lots 19, 20 and 21, Block G, RIVERVIEW HEIGHTS,
Anoka County, Minnesota,
Proposed Tract "B": Lots 22, 23, and 24, Block G, RIVERVIEW HEIGHTS, Anoka
County, Minnesota; and
WHEREAS, the configuration of Lot Split LS #12-01 matching the legal descriptions
above has been attached as Exhibit B; and
WHEREAS, the City has received the required Certificate of Survey from the owners;
and
WHEREAS, the City has approved Lot Split, LS #12-01 with 5 stipulations as outlined in
Exhibit A; and
NOW, THEREFORE, BE IT RESOLVEQ, that the City Council of the City of Fridley
directs the petitioner to record this Lot Split at Anoka County within six (6) months or
said approval shall become null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY QF FRIDLEY THIS
6T" DAY OF FEBRUARY 2012.
ATTEST:
DEBRA A. SKOGEN - CI7Y CLERK
20
SCOTT J. LUND - MAYOR
EXHIBIT A
STIPULATIONS
City Siaff recommends that if the lot split is granted, the following s[ipulations be attached.
1. A!I necessary permits shalf be obiained prior to tonstruction.
2. Grading and drainoge plan to be approved by City's engineering staff prior to the issuance of any
burlding permits, in order to minimize impacts to the surrounding praperties.
3. Property owner at trme of building permii application shall provide proaf that any existing wells
or individual sewage treatment systems located on the site ore properly capped or removed.
4. Property owner at time of building permit opplication for the consiruction of each single family
home shall pay $750.00 required park dedicatron fee.
5. Property owner at time of building permit app(ication for the constructron of each single/amily
home shall pay all water and sewer connection fees.
21
- - - ....... -.._ ................ - -� ............. .... - � --- -- .......... ........ .............._.... - - -� .... .........._......_......... � - -.
s
CERT I F I CATE OF SURVEY DATE: November 30, �o��
FQR Ff 1 dI2Y H.R.A. (MEAS!lREMENiS Sf�IXSN IN FEEi AND DEClH4L5 OF A F00T)
I HERE6Y CEPTIFY THAT MI5 51FlVfl. PL:N ON REPORi NURTH SURYEYING� INC. Q 2Q O = IRINJ PIPE MONUMEM SET
YA9 VREPAREU 6Y ME Ofl UNpER W UIPECi 91WERYISION 4p02 ,/E'FFEft50N 5T. N.E. �—� I • = IRON PIPE MONUMFNT FOUND
MW TH6T 1 AM W�,Y LI 5 LANO SUNYEYOR ltlWEfl COLUM9IA HEICNi$ MN 55421 r—�
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; 6 �� SCALE IN FEET
E-MAN: AaiOkwtpaurreyinqw<.cam = WOOP FENCE
Randy L Kur[h, LL.S. No. 20270 --- = CNAIN L1NK FENCE
Russel4 J. Kurth, L.L.S. No. 1611j �= CONCRETE SURFACE
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H(.JGO STREET
y (V.�'. (40'�RiW) '—
— — — — — — — — — — — — — —
�jC�f.=.�T'S
EXISTING LEGAL DESCRIPTION - PIN�Oj-30-24-23-0096
Lots 19 thru 24, Btock G, RIVERV]EW HEIGHTS, Anoka County, Mtnnesota.
PROP�SED PARCEL "A"
Lots 19, 20 and 21, Block G, RIVERVIEW HEI�MSS, Anoka County, Minnesota.
LG
PROPOSED PARCEL "B"
Lots Z2, 2j and 24, Block G, RIVERVIEW HEIGHTS, Anoka County, Mfnnesota.
'= AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 6,
`T"' oF 2012
FRIDLEY
DATE: February 2, 2012 ,1��
T0: William W. Burns, City Manager qi
FROM: Scott J. Hickok, Community Developer
SUBJECT: Resolution Approving Access Agreement And Authorizing Signature
INTRODUCTION
The property at 6101 University Avenue contains a former CITGO Station. That property is
within the City's Transit Oriented District (TOD) and has been the subject of much discussion in
its current condition. Potential for future use of this site and the HRA property located south
could be greatly enhanced by the clean-up of this CITGO site. The Metropolitan Council has
two grant opportunities that may help with allowing ihe City to acquire and clean up the site. A
grant opportunity that best fits this site is called a Tax Base Revitalization (TBRA) Grant. That
grant would offer an opportunity to acquire and clean-up the site, including tank removal and soil
remediation. Grant applications are due to the Metropolitan Council February 15, 2012. Staff
has been working with Leisch Associates Inc. on the technical documents necessary to
complete the application. Liesch Associates staff wiil need to enter the site, take soil borings,
and asbestos samples from the building. The owners of the propeRy have agreed to let entry
happen. Our Legal Counsel, Darcy Erickson and their Legal Counsel, Sara Vinas have worked
out the terms of the agreement to allow our access for the required sampling. Council is asked
on Monday evening to review this agreement and approve the attached resolution authorizing
Mayor and staff signatures, thereby allowing the agreement to be executed and on-site work to
commence.
Staff recommends that Council approve the attached resolution authorizing Mayor and staff
signatures on the access agreement for the former CITGO site and thereby allowing the
agreement to be executed.
23
RESOLUTION NO.
A RESOLUTfON APPROVING AN ACCESS AGREEMENT BEWEEN THE CITY OF
FRIDLEY AND MDW EQUITY, LLC., THEREBY AUTHORIZING THE APPROPRIATE
GITY SIGNATURES AND ALLOWING EXECUTION OF SAID AGREEMENT
WHEREAS, the City Council at the February 6, 2012 meeting reviewed an access
agreement between the City of Fridley and MDW Equity, LLC; and
WHEREAS, said agreement once executed allows access to the property generally
located at 6101 University Avenue for purposes of gathering data necessary to
complete environmental reports and prepare the necessary application materials for a
Tax Base Revitalization (TBRA) Grant application to the Metropolitan Council; and
WHEREAS, said agreement in no way binds the City to purchase of the property, and
WHEREAS, terms of the agreement have been reviewed and deemed acceptable to
staff and legal counsel of both the landowner and the City; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley
directs and authorizes signatures and execution of the access agreement between the
City of Fridley and MDW Equity, LLC.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
6T" DAY OF FEBRUARY 2012.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
24
SCOTT J. LUND - MAYOR
ACREF.MFNT `Ct? PER�iI`I' E\'t'Rk' "!'fl PiiUt'ER7'Y 7'O PFi2FORlS
Eti V [R4}�ME,'Y`t'�L S:1'.1SPt,4ti{; ,#*�D TESTING
ON PRtV A"rE L.AND
Tl�is ngre�ment tQ Perniit L ntn to Property tv Pert'vrm k:m-ironmental 5ampiing and [e�tin� on
Pnvate l,and (hereinafter "Agreement `) is between the Crtv of Fridley, a MinnesoW mnnicipaS
corporation, hereinaftcr referred to a� GRAN"i`EE, and Ml�ll� k;yuity LLC, a Mmnesota timiicd
(iabilitv cn3n}xiny herein seferred to ac LANIX)WNER
RECITALS:
VI'H�:REAS, GRAN'CEt�; is aasesstng �vhether to proceed to purchase the Yroperty, as herein
defined; and
WHERF.AS, to assist GRAN"1'EE in makitt� the determinatic�n tn purctu�se the Property, the
GRAN7`EE must evafuale ihe environmentai condition of th� Propert}; and
WHENEAS, LANDC7WNGR is ivilling zo y�ant GRANl'fiE access to the I'roEarty and to pennit
GRAN7`EE to perform and conduct environmental asse;ssment of the I'rQ�em� in order to eua3uate
th� environmentat cQndition ot� the Property to assist GRftAt"CE3f in ussessing �thethcr C`sRt:D3T��
will prt�c�td tc� purchas� the PROPERT'Y": and
NOW, "I'I�EREFORE, f'or arxl in consideration of tiae GRANTEE evafuating the emiranmental
condition af the Praperry ta assist GRANTEE in assessing whether ir w�ll proceed tcr purchas� the
Properi}�, LAI�iL7C)WNF�R and the GKANTF� agree as follo�i�s
Right of Eatry and 4�'aiver oi Trespass to Properh. i.ANptJWNER, as Iegat �wener of,
or 4w{dar of authotity to pennn acc-ass. tu lhe Propeny, descntnd beirrw, within [he city
limits s�f Fndtey, Minnesata, hereby eonsents to and authorizes, pursuant w the [erms oC thi�
rlgreement, representatives, emplove�s, a�;enu and contractors for GRAN'1'Fi= to enter thc
Property to pertbrm, at GRANT`EF,"s expense, a Phase I and �ssihit° a Phase fl
Environmental Assessment and tu periorm wi) testine. For purposes of this A�reem<.�xct,
k'hase I ane� Phase 1I Environmeata! As�cessments (hereina�ter the "Wor4;"� inciudes Lsut is
not liix�itcd to the fnllo�4ing:
• Cc>mpletin� oti 20 srnl twnngs
• Completion o#�� soif gashorings
* Compielion of a hazardous matenals and asbcstos i�uElding sun�e�
2. Descri�tiaR. The propern that is thc sub,{eet of this A�eement rs isxated ai GtU6
Uni�ersin Acenue, Pridle�, �vlinnesota and is tegally dexrr6ed as showm on the sttacheri
Eshik�it A (the "Pro�rt}"1.
3. Entry. LANDE>WT1LR �anu pennission to the GRANTEE and GRANTEE"s
25
representatiies, empltayees, agents and ecrnuactors t« enter the Pro}x;r[y tcx perform and
carry out the YJc�rk on the Properry.
-1 A�rcemcnts:
a L�NiX)WN1-:ft a},�recs to aflow GRANTEE and GKAN'CF=E s represcntatives,
employees, agents and cantract�rs to enter the Propem= and to �ert�nn the WQr�:,
including but not limited to u�il6orin� oFthe Pr�perty
b. LANT?OW'NFR �ranis GRANI F.E and GRANTEE's repres�rstative::, employees,
ag�nts and contractars access m the Propert�� for the purperse of pertcsnning Shc
Wo�k, inc{uding b�tit not limited to sod twnngs, dunng the Cerm af t}us .a},neement.
c. L,ANDOWNER hereb� wai4es am claim nf tres�ss a�ainst CiRAN`]'f=f' and
GRANTEL's representatives. empio}eea, a�;ents antf contractors tos access tn the
Nroperty to pzrf"orm the �ork
d. GRAN-['EE-s represeerKSatives, employees, a�ents and enntractors ivili be res�ansibl�
for the completion oF the 44brk. The Wprk witl tx compl�ted in �r gcwd, saie,
ditigent, and uorkmanirke manner trq the G[�tN CEE's representatities, emplatices,
agents and contractars and at the GRANTEF,'S sole cost and espei�se
e CiRANTLE, i[s representat�ves, employees, agents and ccrntractors hereby relea�
i_�4Ni�OWN�R i'rom anti and al! fiabilitv a,sucsated with tl�e lVJork- Gi2ANTEE
a�rees to in�emniti� LANUOW;�3ER frpm anp and aI( claims, los5es, injuries,
judgmznts, attomcys, and;or legal fees or ant other casts and expenses uF ta th�
ma�irnum tort liab�lih limiis pursuant to Msnn. Sta� ,�� 466.U�} arising tiut of the
pertbm�ance af the Work. NaChing contained harern shall be deerned a waiver t�y
GRANTEE �f any gavernmentai im�nuniq� def�nses, statutory �r othenaise.
S 7'erm otAgreement: This As,neem�n[ anc� conscnt shail tettninate u�Rhin c�ne year of the
e�ecutian by a11 parties of this rl�re�rnent.
6. CounterparC3: This A�eement may he executed in any' number o1 counterparts. F'nr each
such ay,�eement, ail cif the si�,maTUres to such agreement taken together shail c onstitute one
an�i the sa�n� agreement, anci anv oi the parties hereto mac execute such a��eement bv
signinh any such a7untetpart.
7 C'menants, Representations and N'arranties: LANDUWrSF.R Far itseiC, its successon
and a�signs, daea hereby covenattt anci warrant �ntith GRANTEE that it is ,eizxd in Fee ot the
Property and has gaui right to grant the nght oCenm- and Nresver ofcrespass provided in this
Agreemeni to C]f2ANTI�E. LANL�OWNER hereb}� a�ees to indemnify, h�Icl harmless an�
dcfend the UKANl"EE aga�nst any third partv c{aims arising G�ut of IANDf71�'Ni�R's iaiirsrc
1a be seiz�d in fee oC the Property �r C.ANt3(�WNF.,R�, faiture t�a h�ve �c'���t1 ri�ht to grant
the rtight of entn anzi w�aiver of trespass protided in this Agreernent tt� the C�RANTEE.
�
tio Obligati�rn to L'onsummate Transuction: Nothing h�rein wntainecl sh�(t consfih3te vj
impGed or expres� le�ai oblir3ation un the part of either pdrty to Gansummate any transact�an
�vith respect !o the Propertq. ftather the transactian itsel�; if anti�, shal! be gacemecl by a
separate agreemeiit bei�vc�n the panies.
{n cAnsid�razioa of the mutual prumises betwcen the Rarties hereto subject to the condiii�anv ne�ted
abaoe, access tcrr the environmental invesligation wock, as described a6ove, is gra�ted to
GRAN�i"E.F. upon esecuTiun of this A� ee�nent bv twth of the p�trties hereto
t�,�NDO!}'?Y�;ti
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CRAtiTk;E
CIT7� OF FRiDLEY
Scatt l.und
its Mayor
William W. Bums
Its City Managcr
,
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Date '
Date
Date
27
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�ccess Agreememnt, January 2>. 2Ui 2{ciean>.doc
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29
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arv oF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 6,
2012
DATE: Februazy 3, 2012
TO: Wiiliam W. Bums, City Manager �{A�
FROM: Scott Hickok, Community Developmenf Director
RE: Metropolitan Council TOD Grant Applications
INTRODUCTION
The Metropolitan Council has reallocated funds from the Livable Communities Grant program to
provide additional dollars in the area of Transit Oriented Development (TOD) and Tax Base
Revitalization Accounts (TBRA). This is good news in that over the nexC few years as much as
$30M dollars will be made available to invest in Transit Oriented Development projects and the
clean-up of contaminated sites. A city can submit several projects under one application. That
too is good news since we have two projects that are ripe far this type of grant funding. Those
projects are: the purchase of the former CITGO station at 6101 University Avenue NE, for
purposes of demolition, site clean-up, and redevelopment, and the bikeway/walkway
enhancements along Main Street that will pxovide essential non-automotive connections to and
within the TQD area defined in Fridley. A resolution from our Ciry Council is necessazy as part
of tbe grant application materials. Staff recommends approval of the attached resolution.
PURPOSE OF THE TOD/TBRA GRANTS (taken from Metropolitan Council document
called TOD Grants Application Guide)
The Metropolitan Llvable Communities,4ct1 (LCA) created both the TBR.4 awd LCDA to
promote the purposes of the Act and the policies af Metropolitan Development Framework. The
Framework goals are designed to:
1. Develop Zand uses in centers linked to the local and regional transporiation systems;
2. Efficiently connect housing, jobs, retail centers and civic uses;
3. Develop a range of housing densitdes, type.r and costs; and
4. Conserve, protect and enhance natural resources by means of development that is sensitive to
the environment.
Additdonally, a major goal of the CounciPs 2030 Transportation Policy Plan is to double transit
ridership by 2030.
30
High densiry, mixed-aise development, using pedestrian friendly design srandards and proximate
to transit stattons encourages• trans6t ridership alang the transat corridors and supports
t�ansidway investmenls. In support af this, in 2008 the Minnesata Legdslature pa�rsed legislation
authorizing the Commfssioner of thz Minnesoda Department ofEmployment and Econorrtic
Devetopment (DEED) to desdgnate land parcels pr�ximate to transit stations as Transii
Improverraent Areas (TIAs) to increase the eJfectiveness of a transit project by incorporating one
or more public transit modes with commercial, residential, or mixed-tese devetopment and by
providing for safe and pedestrian friendly use.
To conserve packet space staff did not include the entire application guideline booklet for this
grant program. Council or the public can find that information at:
http:/h�wv.metrocouncil.orglgrants/TOD(TODAppGuide2011.pdf
Fridley`s participation in this program will require the City be designated as a Transit Invesrinent
Area (TIA) City by the �4innesota Department of Employment and Economic Development
(DEED). Applications are due for that program in March and it is staff s intent to appiy for and
receive that designation. The Metropolitan Gouncil representatives involved in tbis application
process are aware that Fridley does not have that designaYion, but will be making its application
to DEED. It is my understanding that Fridley and Eden Prairie are the only two cities along
metro transit conidors who did nat seek the TIA designation initially, We chose not to because
we were working with the legislature on our own transit oriented tax increment district and at
that time ihere was no funding available in the TIA program, only the desi�nation. Our
applications fQr this round of grant funding wi11 not be held up by our lack of TIA designation. Tt
is assumed that we will be applying and receiving our TIA designation the next round where
DEED makes the designatian available.
If the Ciry is successful in receiving funds under these applications, further discussions will
occur with Council and the public regarding the specifics of how the dollars will be put to use
and how redevelapment Qf the CITGO site will come together to best match with our
Comprehensive Plan and Transit Oriented Development Initiatives.
RECOMMENDATION
Staff recommends that Council approve the attached resolution directing and authorizing staff to
commence with TOD and TBRA Grant Applications to the MetrQpolitan Council through this
LCDA opportunity.
31
RESOLUTION NO.
A RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES TRANSIT
ORIENTED DEVELOPMENT (TOD) FUNDING AND AUTHORIZING APPLICATIONS
FOR GRANT
WHEREAS the City of Fridley is a participant in the Metropolitan Livable Communities
Act ("LCA") Local Housing Incentives Program for 2012 as determined by the
Metropolitan Gouncil, and is therefore eligible to apply for LCA Livable Communities
Demonstration Account and Tax Base Revitalization Account Transit Oriented
Development (collectively, "TOD") funds; and
WHEREAS the City has identified proposed projects within the City that meet TOD
purposes and criteria and are consistent with and promote the purposes of the
Metropolitan Livable Communities Act and the policies of the Metropolitan Council's
adopted metropolitan development guide; and
WHEREAS the City has the institutional, managerial and financial capability to
adequately manage an LCA TOD grant; and
WHEREAS the City certifies that it will comply with all applicable laws and regulations
as stated in the grant agreement; and
WHEREAS the City acknowledges Livable Communities TOD grants are intended to
fund projects or project components that can serve as models, examples or prototypes
for TOD development or redevelopment elsewhere in the region, and therefore
represents that the proposed projects or key components of the proposed projects can
be replicated in other metropolitan-area communities; and
WHEREAS only a limited amount of grant funding is available through the Metropolitan
Council's Livable Communities TOD initiative during each funding cycle and the
Metropolitan Council has determined it is appropriate to allocate those scarce grant
funds only to eligible projects that would not occur without the availability of TOD grant
funding; and
WHEREAS cities may submit grant applications for up to three TOD Demonstration
Account projects and up to six TOD Tax Base Revitalization Account during each
funding cycle, but, using the city's own internal ranking processes, must rank their
projects by priority so the Metropolitan Councii may consider those priority rankings as it
reviews applications and makes grant awards.
NOW THEREFORE BE IT RESOLVED that, after appropriate examination and
consideration, the governing body of the City:
32
1. Finds that it is in the best interests of the City's development goals and priorities for
the proposed projects to occur at the sites indicated in the grant applications at this
particular time.
2. Finds that the TOD Project components for which Livabie Communities TOD funding
is sought:
(a) will not occur solely through private or other public investment within the reasonably
foreseeable future; and
(b) will occur within the term of the grant award (two years for Pre-Development grants,
and three years for Development grants, one year for Cleanup Site Investigation grants
and three years for Cleanup grants) only if Livable Gommunities TQD funding is made
available for these projects at this time.
3, Ranks the TOD Project funding applications, according to the City's own internal
priorities, in the following order:
3a. TBRA Grant to acquire and remediate contaminated conditions of site at 6101
University Avenue (former CITGO Site).
3b. TOD Grant to provide supplementary funds for the necessary bikeway/walkway
along Main Street and over 694, in conjunction with the Transit Enhancement (TE)
Grant Application previously submitted.
PASSED AND AD�PTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
6T" DAY OF FEBRUARY 2012.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
33
SCOTT J. LUND - MAYOR
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 6, 2012
CffY OF
FRIDLEY
TO: William W. Burns, City Manager�� PW12-�14
FROM: James P. Kosluchar, Public Works Director ' '✓�
Layne Otteson, Assistant Public Works Dire r��%
t,,:
�i
DATE: February 6, 2012
SUBJECT: Receive Plans and Order Advertisement for Bids for the 2012 Sewer Lining
Project No. 416
The Sanitary Sewer Capital Improvement budget has funds identified for rehabilitation for the
City's sanitary sewer lines. The project includes the lining of 0.77 miles of sanitary sewer main in
five areas in 2012. A map identifying the general areas is attached. The 5 areas are as follows:
Area A
This segment of 8" diameter vitrified clay pipe is located under the centerline of 75�n
Avenue. The pipe traverses from Stinson Boulevard to Lakeside Road (506'). This
segment is typical of recent lining work as it is small diameter with 9 residential
services.
Area B
This segment of 8" diameter vitrified clay pipe is located under the centerline of 75�h
Avenue. The pipe traverses from Bacon Drive to Hayes Street (288'). This pipe
segment includes 10 services. The segment between Area A and Area B had
previously been lined.
Area C
Area C includes 4 segments of 21" diameter reinforced concrete pipe located in a
utility easement in the rear yard of Cub Foods, under Interstate 694, along rear yard
of homes addressed on Altura Road, and under the pavement of Horizon Drive and
Main Street. The total length of the 4 segments is 1,363'. Anoka County may
require the segment under Main Street to be lined during off-peak hours to mitigate
traffic impacts. This pipe segment includes no services.
Area D
Area D includes 5 segments of 21" diameter reinforced concrete pipe located along
the center line of Main Street and within utility easements between Main Street and
the Burlington Northern Santa Fe rail yard. The total length of the 5 segments is
1,602'. This pipe segment includes no services.
34
Area E
This segment is 8" diameter vitrified clay pipe located under 53`d Avenue. The pipe
traverses from 41h Street to University Avenue (304'). 53�d Avenue is shared with
Columbia Heights and will require coordination with their Public Works Department.
This pipe segment includes no services.
The 2012 budget for this project is $195,Q00. The cost of the work is estimated at $199,590.
Project quantities will be reduced shoufd the bid exceed the budgeted amount to maintain budget.
This project is funded entirely from sanitary sewer rates.
Engineering staff has prepared plans and specifications for this project. Staff recommends the
City Council adopt the attached resolution authorizing staff to advertise for the Sanitary Sewer
Lining Project No. 416.
JPK:Iro
Attachments
35
RESOLUTION NO. 2012 -
A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING
ADVERTISEMENT FOR BIDS: SANITARY SEWER LINING PROJECT NO. 416
WHEREAS, the City Council of the City of Fridley has established a policy of lining sanitary sewers
when necessary, and
WHEREAS, the Enginaering Division has presented a goal to the City Council of lining 50% ofthe
City's sanitary sewers by the year 2050, and
WHEREAS, the Director of Public Works has submitted a plan showing the sanitary sewers in need
of lining for the cunent yeaz,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka
County, Minnesota, as follows:
That the sanitary sewers recommended for iining by the Public Works Department be lined, and the
work involved in said improvement shall hereafter be designated as Sanitary Sewer LininQ Project
No. 416. Tha project will includa segme�ts described as follows:
75'� Avenue from Stinson Boulevard to Lakeside Road
75`� Avenue from Sacon Drive to Hayes Street
From MH#4A0041ocated at Main Street and Universiry Avenue to MH#4C036 located at 53`a
Avenue east of the Burlington Northern Santa Fe easement
53`d Avenue from 4`� Street to University Avenue
2. The plans and specitications prepared by the Director of Public Works for such improvements are
hereby approved and shall be filed with the Ciry Clerk.
The wark to be performed under Sanitary Sewer Lining Project No. 416 shall be performed under
one contract as may be feasible based on bids received.
The Director of Public Works shall accardingly prepare and cause to be inserted in the official
newspaper advertisement for bids upon the making of such improvements under such approved
plans and specifications. The advertisement shall be published at least 10 days prior to bid opening,
and shall specify the work to be done and will state that bids will be opened at 2:00 p.m. on
Thursday, March 1, 2012, in the Council Chambers of the City Hall, and that no bids will be
considered unless sealed and filed with the Direetor of Public Works and accompanied by a cash
deposit, bid bond, or certified check payable to the City of Fridley for five percent (5°l0) of the
amount of such bid. The advertisement for bids for Sanitary Sewer Lining Project No. 416 sha11 be
substantially standard in form.
PASSED AND ADOPTED BY THE CITY COUNCIL QF THE CITY OF FRIDLEY THIS 6Tx
DAY OF FEBRUARY, 2012.
SCOTTJLUND-MAYOR
Attested:
DEBRA A. SKOGEN - CITY CLERK 36
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AREA "A"
SANITARY SEWER LINING PR�JECT #416
CITY ❑F FRI�l�EY MAP
ATE JAN. 2012
TO SCALE
av: �Ro
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DATE+ JAN. 2012
SANITARY SEWER LINING PROJECT #416 I
NOT T❑ SCALE
AREA ��P
DRAWN BY: LR❑
CITY OF
FRIDLtY
70:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 6th, 2012
William W. Burns, City Manager ���°
James Kosluchar, Public Works Director; ��-
Layne Otteson, Assistant Public Works D tor
V'
February 61h, 2012
2012 Miscellaneous Concrete Repair Project No. 417
P W 12-015
Attached is a resolution ordering advertisement for bids for the 2012 Miscellaneous Concrete
Repair Project No. 417. This annual project includes concrete replacement of sidewalk,
pavement, curbing, and other miscellaneous concrete work throughout the City due to utility
repairs, sub-standard condition, or driveway entrance permits.
The project cost estimate is $39,950 and within budget. Staff anticipates opening bids March 1 S',
2012 and awarding March 12`h, 2012.
Recommend the City Council adopt the attached resolution ordering advertisement for bid for the
2012 Miscellaneous Concrete Repair Project No. 417.
JPK:Iro
Attachment
39
RESOLUTION NO. 2UI2-
RESOLUTiON ORDERING ADVERT7SEMENT FOR BIDS:
2012 MISCELLANEOUS CONCRETE REPAIR NROJECT NO. �77
WHEREAS, the construction o1'certain improvements is deemed to be in the i�terest of the City ot Fridley and the
property owners affected thereby.
NOW, THEREFORE, BE 1'T RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as
fol lows:
L That the foI(owing improvements proposed by Council Resolutions are hereby ordered to be effected and
completed as required:
2012 Miscellaneous Concrete Repair Project No. 4l7
2. The plans and specifications prepared by the Director of Pub(ic Works f'or such improvements are hereby
appraved and shsll be filed with the Ciry Clerk.
The Director of Public Works shall accordingly prepare and cause t� be inserted in the official newspaper
advertisements for bids upon the making of such improvements under such approved plans and specifications. The
advertisement shall be published at leas't 10 days prior to bid opening, and shal I specify the work to be done and
will state that the bids will be opened and considered at 10:00 AM THURSDAY. MARCH 1", 2012, and that na
bids will be considered unless saaled and filed with the Directar of Public Works. That the advertisement for bids for
2012 MISCELLANEOUS CONCRF"1'E REYAIR PRQJEC�' NO. 417 shall be substantially in the standard form.
PASSED AND ADOPTED BY "I'HE CCIY COUNCIL OR THE CITY OF FRIDLHY TIIIS 6'fH DAY OF
FEBRUARY. 2012.
ATTEST:
De6ra A. Skogen, City Clerk
. �
Scott J. Lund, Mayor
�
GTY OF
FRIDLEY
AGENDAITEM
CITY COUNCIL MEETING OF FEBRUARY 6, 2012
TO: William W. Burns, City Manager��
��:Z�l��l�
DATE:
SUBJECT:
James P. Kosluchar, Public Works Director
February 1, 2012
Assignment of Consulting Services Ag
PW12-017
for 2012 GIS Technical Assistance
In January of this year, GIS Rangers announced a merger with Northstar Geographics to form Flat
Rock Geographics. The personnel formerly at GIS Rangers will continue to serve us. We expect the
merger will provide our GIS contractor with added expertise in programming.
Per the terms of our Consulting Services Agreementfor 2012 GIS Technical Assistance, the change
requires approval. The attached assignment agreement was prepared by and approved by legal
counsels of both parties. Staff recommends the City Council move to approve execution of the
proposed assignment and assumption agreement with GI5 Rangers and Flat Rock Geographics.
JPK; jk
Attachment
41
CONSENT TO ASSIGNMENT OF
CONSULTING SERVICES AGREEMENT BETWEEN
GIS RANGERS, LLC AND TRI-CITY GIS ORGANIZATION TO FLAT ROCK
GEOGRAPHIC5, LLC
AND
ASSUMPTION OF CONSULTING SERVICES AGREEMENT BETWEEN GIS
RANGERS, LLC AND TRI-CITY GIS ORGANIZATION BY FLAT ROCK
GEOGRAPHICS, LLC
WHEREAS, on or about December 13, ZOl 1 the Tri-City GIS Joint Powers Organization
("Txi-City" or "Client°} and GI5 Rangers, LLC ("GIS Rangers" or °Contractor') entered into that
Consulting Services Agreement, dated December 31, 20ll ("Agreement") a true and conect copy
of which is attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, GIS Rangers, LLC has since merged its operations into a new entity, Flat
Rock Geographics, LLC ("Flat Rock" or "Assignee"), in order to better serve new and existing
clients; and
WHEREAS, by its terms, Section 8 of the Agreement prohibits GIS Rangers from
assigning its interest in the Agreement without prior wrirten consent of Tri-City and Section 13
of the Agreement requires any alterations, variations, and modifications of the Agreement to be
reduced to writing and signed by T'ri-City and GIS Rangers; and
WHEREAS, GIS Rangers desires to assign the Agreement to Flat Rock and is willing to
assign the Agreement to Flat Rock under the conditions set forth below; and
R'HEREA5, Tri-City wishes to maintain the terms and conditions already established by
the Agreenient for GIS consulting services; and
WHEREAS, Tri-City is willing to agree to the assignment of the Agreement from GIS
Rangers to Flat Rock under the conditions set forth below;
Consent (o Assignment
ConsulHng Services Agreement dated December 13, 2071
Page 1 of 4 42
WHEREAS, Flat Rock is willing to perfarm GIS Rangers' obligations set forth in the
Agreement and accept assignment of the Agreement under the conditions set forth below;
NOW, THEREFORE, it is hereby agreed as follows:
1. Tri-City hereby consents to the assignment of the Agreement to Flat Rock.
2. GIS Rangers acknowledges that the assignment does not relieve GIS Rangers of its
responsibility for the due and full performance of the Agreement and GIS Rangers
agrees to be liable to Tri-City for all the obligations of Flat Rock.
3. Flat Rock, as assignee, agrees to assume and fully and faithfully perform the obligations
of GIS Rangers under the Agreement in accordance with its terms and including any
amendments thereof and be bound thereby and agrees to be liable to Tri-City for the
performance of the Agreement.
4. Tri-City, GIS Rangers and Flat Rock agree and acknowledge that the Agreement
attached hexeto as Exhibit A is incorporated by reference as if fully set forth herein, that
all terms and conditions of and the Agreement itself continues in full force and effect
until the Agreement expires or is terminated as provided in the Agreement, and that the
parties ace bound by the Agreement's terms and conditions until such expiration or
ternunation.
[Remainder of a page is intentionally left blank,]
Consent to Assignment
Cansulting Services Agreement dated December 13, 7011
Page � ar4 43
IN WITNESS THEREOF, the parties above-named hereby execute this Consent to Assignment
of Consulting Services Agreement Beriveen GIS Rangers, LLC and Tti-Gity GIS Oxganization
(the "Consent") and warrant that they have full right, power, and authority to enter into this
Consent on behalf of the respecrive parties hereto.
CLIENT:
TRI-CITY GIS ORGANIZATION
Dated: , 2012
:
Its:
Dated: , 2012
By:
Its:
Dated: , 2012
By:
Its:
CONTRACTOR:
GIS RANGERS, LLC
Dated: . 2012
By: Blaine A. Hackett
Its: President
ASSIGNEE:
FLAT ROCK GEOGRAPHICS, LLC
Dated: , 2012
By: Blaine A. Hackett
Its: Chief Manager
Conserst to Assigament
Cansulting Services Agreement daied Occember ! 3, 2017
Page 3 of 4 44
CONSULTING SERVICES AGREEMENT
This Agreement is made as of ��i z«i�. I3 , 201 j(the "Effective Date"), by and
between GIS RANGERS ("Contractor") and the Tri-City GIS Joint Powers Organization,
consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri-
City." CONTRACTOR and Tri-City are collectively referred to as "Parties" and
individually as a "Party."
WHEREAS, Tri-City requires services to provide GIS technical assistance to the Cities
of Andover, Columbia Heights and Fridley;
WHEREAS, Contractor desires to and is capable of providing the necessazy services
according to the terms and conditions stated herein;
NOW, THEREFORE, in consideration of the mutual promises and agreements contaitted
herein the parties agee as follows:
] . TERM
11 Term.
The term af this Contract shall be from January 1, 2012, through
December 31, 2012, unless earlier terminated by law or according to the
provisions of this Contract.
2. CONTRACTOR'S OBLIGATIONS
2.1 General Description.
Contractor will provide GIS technical assistance to Tri-City which
includes the cities of Andover, Columbia Heights and Fridley. Additional
�vork may be contracted as provided in Section 3.4.
2.2 Conformance to Specification.
The Contractor �vill provide the Services as set forth in Exhibit A.
23 Limited Warrantv
Contractor warrants that the Services will be per£ormed in a safe,
professional and workmanlike manner consistent with the applicable
industry standards and this Agreement.
CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTY OF MERCI-IANTABILITY, THE IMPLIED WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED
WARRANTY ARISING OUT OF A COURSE OF DEALCNG, A
CUSTOM OR USAGE OF TRADE.
.,
7263579v1
3. PAYMBNT
3.1 Service Fees
The Contractor's fees for Services are set forth below (Service Fees").
Service Fees do not include any taxes that may be due based on the
Service Fees, or for reimbursable expenses, for which Tri-City agrees Yo
pay directly or reimburse Contractor.
Total Service Fees: $78,969.0-0 to be allocated as follows:
Andover-$34,272 00
Fridley-$24,702.0—°
Columbia Heights-$14,855 �
3.2 Invoices.
Contractor shall, within fifteen (I S) working days following the last day of
each calendaz month in which services were provided, submit an invoice
on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the
hours of services rendered listed by classification, 2) the date such services
were provided, 3) a general description of the services provided, 4) the
name of client receiving services, 5) the amount and type of all
reimbursable expenses being charged to the Contract, 6) the dates of the
performance period covered by the invoice.
33 Time of Pavment.
Ali invoices are due within thirty days from the invoice date. If Tri-City
disputes any portion of Contractor's invoice, then Tri-City will: (a) pay
any amount not in dispute by the due date; and (b) within five business
days after receipt of that invoice, infonn Coritractor in writing of the
disputed amount and the specific reason(s) for withholding payment. On
Contractor's receipt of this, the Parties will work together in good faith to
resolve such disputes in a prompt and mutually acceptable manner. Tri-
City agrees to pay any disputed amounts within five days a$er the issues
have been resolved.
3.4 Changes to Scope
Tri-City shall have the right to request changes to the scope of the
Services; however, all such changes are subject to acceptance by
Contractor. If any change to the scope of the Services will cause an
icicrease or decrease in the Service Fees, or in the time required far
performance, prior to commencing the services required by the requested
change, Contractor shall notify Tri-City of such increase or decrease by e-
mail. Contractor shall not proceed with performance and shall have no
obligation to proceed with perforrnance pursuant to any requested change
47
7263579v1
to the scope of the Services by Tri-City unless and until Contractor has
received Tri-City's agreement to such increased or decreased Service Fees
or time for performance via e-mail.
4. COMPLIANCE WITH LAWS/STANDARDS
4.1 General.
Contractor shall abide by al] Federal, State or local laws, statutes,
ordinances, rules and regutations now in effect or hereinafter pertaining to
this Contract or to the facilities, programs and staff for which Contractor is
responsible.
5. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor and nothing herein conYained shall be
construed to create the relationship of employer and employee between Tri-City
and Contractor. Contractor shall at all times be free to exercise initiative,
judgment and discretion as to how to best perform or provide services.
6. INDEMNIFICATION
Contractor shall indemnify, hold harcnless and defend Tri-City, its members,
officers and employees against any and all liability, loss, costs, damages,
expenses, claims or actions, including attomeys' fees which Tri-City, its officers
or employees may hereafter sustain, incur or ba required to pay, arising out of or
by reason of any negligent or willful act, or negligent or willful omission of
Contractor, its agents, servants or employees, in the execution, performance, or
failure to adequately perform Contractor's obligations pursuant to this Contract.
7. INSURANCE
7.1 General Terms.
In order to protect itself and to protect Tri-City under the indemnity
provisions set forth above Contractor shall, at Contractor's expense,
procure and maintain policies of insurance covering the term of this
Contract, as set forth below. Such policies of insurance shall apply to the
extent of, but not as a limitation upon or in satisfactian of, the indemnity
provisions herein. A1l retentions and deductibles under such policies of
insurance shall be paid by Contractor. Each such policy shall not be
canceled by the issuing insurance company without at least thirty (30)
days written notice to Tri-City of intent to cancel.
7.2 Coveraee.
The policies of insurance to be obtained by Contractor pursuant to this
section shall be purchased from a licensed carrier and shall include the
following:
A) Professional Liability
(1) A professional liability insurance policy covering personnel
of Contractor, if any, who provide professional services
under this Contract, which shall include the following
48
7268579v1
coverages at a minimum:
Personal InjuryJDamage: $200,000 per person
$b00,000 per occurrence
B) Workers' Compensation
If applicable, Contractor shall procure and maintain a policy that at least
meets the statutory minimum.
73 Certificates.
Prior to or concurrent with execution of this Contract, Contractor shall file
certificates or certified copies of such policies of insurance with Tri-City.
7.4 Failure to Provide Proof of Insurance.
Tri-City may withhold payments for failure of Contractor to furnish proof
of insurance coverage or to comply with the insurance requirements as
stated above until such time the Contractor complies with the requirements
of this Section.
8. SUBCONTRACTING
Contractor shall not enter into any subcontract for the performance of the services
contemplated under this Contract nor assign any interest in the Contract without
prior written consent of Tri-City.
9. DEFAULT
9.1 Inability to perform.
Contractor shall make every reasonabie effort to maintain staff, facilities,
and equipment to deliver the services to be purchased by Tri-City.
Contractor shall immediately notify Tri-City in writing whenever it is
unable to or reasonably believes it is going to be unable to provide the
agreed upon quality of services. Upon such notification, Tri-City shall
determine whether such inability requires a modification or cancellation of
this Contract.
9.2 Duty to Mitieate.
Both parties shall use their best efforts to mitigate any damages which
might be suffered by reason of any event giving rise to a remedy
hereunder.
1Q. TERMINATION
101 WiCh or Without Cause.
Notwithstanding any other provision of this Contract, either Party may
terminate this Contract at any time for any reason 6y giving thirty (30)
days written notice to the other. Tri-City shall pay to Contractor the
reasonable value of services received from Contractor as of the
termination date.
10.2 Notice of Aefault.
7268579v1
��
Either Party may terminate this Contract for cause by giving ten (1Q) days
written notice of its intent. Said notice shall specify the circumstances
wananting termination of this Contract.
103 Failure to Cure.
If the Party in default fails to cure the specified circumstances as described
by the notice given under the above paragraph within the ten (10) days, or
such additional time as may be mutually agreed upon, then the whole or
any part of this Contract may be terminated by written notice.
10.4 Notice of Termination.
Notice of Tercnination shall be made by certified mail or personal delivery
to the other Party's Authorized Representative, Notice of Termination is
deemed effective upon delivery to the address of the Party as stated in
paragraph 12.
10.5 Effect of Termination.
Termination of this Contract shall not discharge any liability,
responsibility or right of any Party which arises from the performance of
or failure to adequately perform the terms of this Contract prior to the
effecYive date of termination, in accordance with the laws of the State of
Minnesota.
11. CONTRACT RIGHTS/REMEDIES
11.1 Riehts Cumulative.
All remedies available to either Party under the terms of this Contract or
hy law are cumulative and may be exercised concurrently or separately,
and the exercise of any one remedy shall not be deemed an election of
such remedy to the exclusion of other remedies.
11.2 Waiver.
Waiver for any default shail not be deemed to be a waiver of any
subsequent default. Waiver or breach of any provision of this Contract
shall not be construed to be modification for the terms of this Contract
unless stated to be such in writing and signed by authorized
representatives of Tri-city and Contractor.
11.3 Force Majeure
Contractor will not be responsible for the delay in its perfomtance of any
obligation under this Agreement caused by acts of God, legal restrictions,
or any other similar conditions beyond the control of Contractor.
12. AUTHORIZED REPRESENTATIVE
�
7268579v1
13
14.
15
Notification required to be provided pursuant to this Contract shall be provided to
the following named persons and addresses unless otherwise stated in this
Contract, or in a modification oF this Contract.
To Contractor:
President
GIS RANGERS, LLC
2434 Virginia Circle
Roseville, MN 55113
Fn•dlev:
Director of Public Works
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
MODIFICATIONS
Andover:
Director of Public Works/City Engineer
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Columbia Hei ts:
Public Works Director
City of Columbia Heights
637 - 38`h Avenue NE
Columbia Heights, MN 55421
Except as otherwise provided in Section 3.4 hereof, any alterations, variations,
modifications, or waivers of the provisions of this Contract shall only be valid
when they have been reduced to writing, and signed by authorized representatives
of Tri-City and Contractor.
LIMITATION OF LIABILITY.
NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO
THE OTHER PARTX FOR SPBCIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES IN ANY WAY RELATED TO THE SERVICES, THIS
AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS
LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL
THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT.
SEVERABILITY
The provisions of this Contract shall be deemed severable. If any part of this
Contract is rendered void, invalid, or unenforceable, such rendering shall not
affect the validity and enforceability of the remainder of this Contract unless the
part or parts which are void, invalid or otherwise unenforceable shall substantially
impair the value of the entire Contract with respect to either Party.
16. MERGER AND FINAL AGREEMENT
16.1 This Contract is the final statement of the agreement of the Parties and the
complete and exclusive statement of the terms agreed upon, and shall
supersede all prior negotiations, understandings or agreements. There are no
�
7268579v1
representations, warranties, or stipulations, either oral or written, not herein
contained.
17. DI5PUTE RESOLUTION
17.1 This Agreement will be construed and enforced according to the laws of the
State of Minnesota, without regarding to its conflicts of law rules. Any
litigation regarding this Agreement must be filed and maintained in the state
or federal courts of the Stat.e of Minnesota and the Parties consent to the
personal jurisdiction of such courts. No provision of this Section 17 will
preclude either Party seeking injunctive relief to prevent immediate or
iaeparable harm to it, but the mediation stated in Section 173 will
otherwise be fully exhausted before the commencement of any litigation.
17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY
TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING
OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other
action, regardless of form, relating to this Agreement, including, without
limitation, an actian for breach of warranty, must be commenced within one
year afler the ]ater of: (a) date an which the breach of warranty or other
cause of action occurred; or (b) date on which that Party knew or should
have known of that breach of warranty or other cause of action.
17.3 Prior to commenceinent of any litigation regarding this Agreement, the
Parties agrae to voluntary, non-binding mediation to resolve any dispute
they may have. The mediation will be conduct by a mutually selected
mediator (or if the Parties cannot agree, by a mediator selected by the CPR
Institute for Dispute Resolution), in accordance with the CPR Institute's
Model Procedure for Mediation of Business Disputes. The Parties wil] each
pay its own attorneys' fees and will share equally the other mediation costs.
4Vhile this mediation will be non-binding in all respects (except agreements
in settlement of the dispute negotiated by the Parties), each Party will appear
when directed by the mediator, be fully prepared to work toward the
dispute's resolution, and participaYe in good faith. If the mediation does not
result in a mutually satisfactory resolution of the dispute within ninety days
after it is begun, either Party may commence an action as permitted under
Sections 17.1 and 17.2. All negotiations between the Parties pursuant to this
Section 17 will be treated as compromise and settlement negotiations for
puiposes of the applicable rules of evidence.
18. NON-DISCLOSURE OF NON-PUBLIC PRIVATE OR CONFIDENTIAL
INFORMATI�N
The parties agee that in order to perform its duties under the tenns of this
Agreement, Contractor will have access to and may use certain information in the
0
�z�ss�9�i
custody of the City that would be categorized as private or non-puhlic data within
the meaning of Minnesuta law.
Any such information or data is confidential and, as an essential and necessary
part of this Agreement, Contractor agrees not to disclose, use, or otherwise
disseminate any such data or information to any other party or entity other than
the City. Use of any such information or data by Contractor during the period of
this contract shall be exclusively For the purpose of fulfilling it obligations
hereunder.
Contractor agrees to indemnify the City and hold it harmless from any and all
disclosures of such information and data to any other party as a consequence of its
actions, which would include the actions of its agents, employees or anyone else
that rnay be acting under its direction or on its behalf.
Any such infotmation and data in Contractor's possession aRer fulfillment of its
obligations herein shall be destroyed or returned to the City and Contractor shall
retain no copies thereof for any purpose.
IN WITNESS WHEREOF, the parties hezeto have executed this Contract on the date(s)
indicated below. ,, e,
CONTRACTOR
By: �+�' Ui �
Title: 'j�rs �C��ci`t
Date: i� �i� � i 1
0
7268574v1
Date: �'� — � � — ft
� � e.--
By: � � .i:,�f1�/
'� /
Title: �
Date: ?,-; JG /%
/ %
Exhibit A
Contractor shall provide the following services generally described as GIS On-
Site Support, including but not limited to:
Tri-City Ranger � $35.70 per hour �
Field Collection, Data Input, Data Editing, Data Creation, Data Management, Data Updates, Data
Sychronization, Mapping, Geocoding, Update GeoMoose Layers, Run reports (CTS, GranitXPJ, General
Maintenance of softwafe, Checkln/Checkout Field data
RANGER Anatyst � $65.00 per hour �
GeoMoose Customization, GIS Software Installation, Data Modelling, Model Builder, ArcPad Fprms,
CTS technical support, CitVWorks Database manipulation
RANGER Programmei
Writing Code (HTML,
RANGER Project
Manager
Run meetings, Demo
RANGERIT
Software Installation
RANGER Sr. Project
Manager
Advanced Client Rela
GeaMoase Custom
, Training, Task Mane
�
OS Tech support
ions.Advanced Data
��
hour�
lopment (PHP
hour
hourl
$90.00 per hour
*Outside Expertise � $75-5100 per hour �
Advanced Web Programming, Advanced Desktop Progremming, Automation
*If we do not have the advanced expertise in house we have a
network of partners to help us
NOTE: This is not a comprehensive list.
�4
7268579v1
Automation
'= AGENDA ITEM
COUNCIL MEETING OF FEBRUARY 6, 2012
�OF CLAIMS
FRIDLEY
CLAIMS
153861-154002
55
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': AGENDA ITEM
CITY COUNCIL MEETING FEBRUARY 6, 2012
�OF LICENSES
FRIDLEY
TYPE OF LICENSE: APPLICANT: APPRnVRI� RY�
Peddler, Solicitor License Custom Remodelers, Inc.
Shane Dunn, Manager Public Safety
Devin Sellin, Blake Perkins,
Justin LaDoux, Connor Dah
Tyler Jones, Andrew Clark,
Chantel Rose
Peddler, Solicitor License Extreme Loyality Marketing Public Safety
Carl Blomber
Food Establishment Bombay Palace, Inc. Community Development
Joginder Cheema , Naveen Fire Inspector
Shvestha Public Safet
Lawful Gambling Permit Hayes Parent Group City Clerk
(Raffle) Jamie L. Olivera School Public Safety
Carnival Chai erson
.:
'= AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 6, 2012
F�O� LICENSES
.�
AGENDA ITEM
! J CITY COUNCIL MEETING OF FEBRUARY 6, 2012
CfTY OF
FRIDLEY
To: William W. Burns, Ciry Manager
From: John Crelly, Fridley Assistant Fire Chief
Date: February 6, 2012
Re: Annual renewal of rental licenses
Attached is a list of 14 properties that have completed the license renewal process. Each property
listed has submitted a rental license application, paid all fees, and has completed the rental
property inspection process.
Staffrecommends that City Council approve the rental license renewal for these properties.
70
ProplD:
aoae
1115
1305
1315
�sso
1349
1350
2054
isn
�s�z
1457
�aas
iaas
iasz
Property Address
5849 2 1/2 St. NE
5830 2nd St. NE
7447-49 Able St. NE
7579-81 Able St. NE
6229 Central Ave. NE
7330-32 Evert Ct. NE
7335-37 Evert Ct. NE
281 Longfellow St. NE
1378 Meadowmoor Dr.NE
232 Satellite Ln. NE
6412 Starlite Circle NE
6421-23 Starlite Gircle
6447 Taylor St. NE
7385-87 University
RENTAL HOUSING
Units Owner
Pyramid Group, LLC
Violet S. Woods
Robbi Olson
Barbara L. Overlien
Mike Sherman
Wayne Nelson
Chady Investments, LLC
Stacey Clayson
Abdalla Omar
Fridley Covenant Church
Gary Wellner
Gary Wellner
Wayne S. Johnson
Brian P. Manning
Number of Licenses for approval: 14
71
'= AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 6, 2012
F� °� ESTIMATES
Shank Constructors, Inc.
3501 — 85�" Avenue North
Brooklyn Park, MN 55443
WTP 3 Filter and Chemical Feed Project No. 405
FINAL ESTiMATE ........................................................................... $11,977.00
�2
CfTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
February 6, 2072
To: William W. Burns, City Manage��J�
From: Darin Nelson, Finance Director � �
Debra Skogen, City Clerk �
Date: January 26, 2012
Re: First Reading on an Ordinance Amending Section 2.06 of the Fridley Charter
Pertaining to Vacancies in the Council
The Minnesota State Legislature adopted new Elections laws in 2010 changing certain time
periods when special elections can be held. This matter was brought to the Charter Commission
far their review. The Charter Commission reviewed other City Charters and proposed an
amendment. The amendment would allow for a councilmember vacancy to be filled by
appointment until the next regular election, rather than calling for a special election . The
Commission met with the City Council at a joint conference session on May 16, 2011 for their
input and recommendation.
The Charter Commission met on October 3, 2011 and amended the ordinance based on their
discussions with the City Council. The Charter Commission met on November 7, 2011, and
recommended approval of an ordinance to amend the city charter, as shown in Attachment 1, and
directed staff to forwazd it to the City Council for their acrion.
Chapter 410.12, subd. 7, of the Minnesota Statutes allows an amendment by ordinance upon
recommendation of the Charter Commission. It requires publication of the proposed amendment
at least two weeks befoce the public heazing before the City Council, and the ordinance must be
adopted within one month of the public hearing requiring a unanimous vote of the City Council.
The public hearing notice and proposed ordinance was published in the Fridley Sun Focus on
January 5, 12 and 19, 2012. The City Council held the public hearing on January 23, 2012.
There was no opposition to the amendment.
Staff recommends holding the first reading of an Ordinance Amending Chapter 2, Section 2.�6
of'the Fridley City Charter to allow for a Vaeancy of a Councilmember to be Filled by
Appointtnent.
��
Attachment 1
CITY OF FRIDLEY MINESOTA
COUNTY OF ANOKA
ORDINANCE NO. _
AN ORDINANCE AMENDING CHAPTER 2, SECTION 2.06 OF THE FRIDLEY CITY
CHARTER TO ALLOW FOR A VACANCY OF A COUNCILMEMBER TO BE FILLED BY
APPOINTMENT
The Ciry Council of the City of Fridley hereby finds, after review, examinarion and
recommendation by the Fridley Charter Commission and staff, that the Fridley City Charter be
hereby amended as follows:
FRIDLEY CITY CHARTER
CHAPTER 2. CITY COUNCIL ORGANIZATION
Section 2.06. VACANCIES IN THE COiJNCIL.
1. A vacancy in the council shall be deemed to exist in case of the failure of any elected
person elected thereto to qualify on or before the date of the second regular meeting of
the new council, or by reason of the death, resignation, removal from office, continuous
absence from the City for more than three (3) months, failure to attend an�council
meetin�s for three f3� consecutive months, or conviction of a felony of any such person
whether before ox after their qualifieation; or by ceasing to be a resident Qf the city or the
ward from which elected. In each such case, wiihin thiriy (30) days the council shall by
resolution declaze a vacancy to exist. (Ref. Ord. 1141)
2. If a vacancy is declared to exist, the Council shall, within 30 days, appoint bv majority vote
a gualified verson to assume the office until the next general election. If the council cannot
agree on an aonointment within the required timeframe. the Mayor shall appoint a qualified
person to fill the position. The term of office to be filled at the next general election shall be
for the unexpiredportion of the term or for a fitll term deQendin� on the fimeframe when the
vacancv has been declared to exist. '^ � � �-°F °° F';r°° r - *�.° °°°. °'°�*:^^ '�Fal.e ..fF.,.o
,
74
Ordinance No. Page 2
...,;,�-L,.._..,_ -
- --- - - .. .... . .. -- - • - • • • - . . .. .. .. _ er.et�.aar.�
� _ �. _
._ •. ■. � ,
.
•
� -
... .. . . ...... . .. .... . . .- •- -- -_.. .. • . �
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. . . . . . . . . . . . . - • : - - - • - - • . . ..es!cv�s=r�e!�ii���i�.. .
�.. ... r..
._ �
3. 6. If the Mayor's position is declared vacant, the Councilmember-at-Large shall serve as
Mayor until the end of the Mayor's term �. The Councilmember-at-Laz�e
shall then be declazed vacant and it shall be filled as defined in Section 2.06.2 of the Citv
Charter.
4. � If at any time the membership of the Council is reduced to less than three (3} members, the
City Manager shall order a special election to be held not less than thirty j30) daYs nor more
than sixty-five (65) davs from the time the multi�le vacancies occurred. A neriod of eight
�8) to twelve (12) consecutive workin�days shall be desisnated far the purpose of filine
nomination�etitions in accordance with Section 4.06. The winner(s) of the snecial election
75
Ordinance No.
Page 3
shall be bv a Uluralitv of votes cast for each o�ce regazdless of the number of candidates
and shall take ofhce immediately upon certification � the boazd of canvass and shall fill the
unexpired terms of said offices. "*�'^ �a^a �^ °^^«:,,.... � n� m.,.,,t � n� nz
. ,
. , . , .
5. � If the position of City Manager is vacant, the City Clerk shall order such an election. If the
position of City Clerk is also vacant, the Chief Judge of District Court of the State of
Minnesota within whose jurisdicrion the corporate offices of the City of Fridley lie shall
order such an election. (Ref. Ord. 1034)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 20 .
Attest:
Debra A. Skogen, City Clerk
Public Hearing: 7anuary 23, 2012
First Reading:
Second Reading:
Publication:
76
Scott J. Lund, Mayor
I'
�
arr oF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
February 6, 2012
To: William W. Burns, City Manager ��ir
From: Dazin R. Nelson, Finance Director
Debra A. Skogen, City Clerk
Don Abbott, Public Safety Director
Scott Hickok, Community Development Director
Jack Kirk, Pazks and Recreation Director
Date: January 26, 2012
Re: First Reading of an Ordinance Amending City Code Chapter 121, Section 121.02
and Repealing Section 121.03 Related to the Consumption and Display of Liquor;
and
First Reading of an Ordinance Adopting City Code Chapter 604 Related to
Consumption and Display Permits and Amending Chapter 11, Section 1110
Establishing Fees.
City staff requested the City Attorney review the City's liquor code regazding inconsistencies found
within Chapter 121, Liquor Consumption and Display. While Section 121.02 prohibits the use of
3.2% malt liquor or intoxicating liquor in any public or private pazking azea, Section 121.03 allows
the Police Department to issue an intoxicating liquor consumption or use permit specifying the
conditions under which the permit may be issued.
Section 121.03 gives authority to the Police Department, through the Public Safety Director, to
issue consumption and use permits allowing special events in othenvise prohibited areas. Such
permits have been issued to businesses for employee or client appreciation events in their parking
lots.
The City Attomey reviewed the Minnesota Statutes and the City Code to evaluate whether
amendments were necessazy. Under Minnesota Statutes Section 340A.414, there are two types of
Consuxnption and Display Permits for intoxicating liquor: annual and one-day. Under Minnesota
law, only the State can issue an annual Consumption and Display Permit with the approval of the
City. In contrast to the annual pernut, the City may issue up to ten (10) one-day Intoxicating Liquor
Consumption and Display permits to nonprofit organizations in conjunction with a social activity in
the City sponsored by the organization.
77
As this is a new permit, we need to establish new fees. State law regulates and sets the fees for this
permit. The state fee for an Annual Consumption and Display Permit is $250. The law also allows
the City to chazge an additional fee, up to $300, for this permit. The One-Day permit, issued by the
City to nonprofit organizations, can be no more than $25. Based on this information, staff is
recommending the proposed fees be set at $300 for an annual license and $25 for a one-day permit.
The City Attorney is recommending the following amendments:
• Amending Chapter 121, Sections 121A2 providing new language refening to Minnesota
state law;
. Amending Chapter 121, Section 121.03 repealing the authorization of the Public Safety
Department to issue a Consumption and Use Permit;
• Enacting Chapter 604 to allow the City the ability to approve an annual and issue one-day
consumption and display permit with the authorization of the Minnesota Department of
Public Safety, according to Minnesota Statutes 340A.414; and
• Amending Chapter 11, Section 1 L 10, establishing fees for the annual and one-day
consumption and display permits.
Because the ordinances are related to each other, staff recommends the following actions:
1. A motion holding the first reading of Ordinance Amending City Code Chapter 121, Section
121.02 and Repealing Section 121.03 Related to the Consumption and Display of Liquor, as shown
as Attachment 1; and
2. A motion holding the first reading of an Ordinance Adopting City Code Chapter 604
Related to Consumption and Display Permits and Amending Chapter 11 Establishing Fees, as
shown as Attachment 2.
�
Attachment 1
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE CHAPTER 121, SECTION 121.02 AND
REPEALING 5ECTION 121.03 RELATED TO THE CONSUMPTION AND DISPLAY
OF LIQUOR
THE CITY OF FRIDLEY ORDAINS AS FOLLOWS:
Section 1. Amendment. Chapter 121, Section 121A2 of the Fridley City CQde is here6y
amended to read as follows:
121.02 PROHIBITED U5E OR CONSUMPTION
1. No person shall consume or use intoxicating liquor or non-intoxicating malt liquor in any
pazking area connected with or a part of the land area of the premises wluch has been issued an
intoxicating liquor license, wine license or a license to sell non-intoxicating malt liquor, under
Chapter(s) 602 or 603 of the Fridley City Code, including any pazking area connected with or a
part of the land azea of the premises of any private bottle club, fraternal organization or other
private club, defined in Chapter 605 of the Fridley City Code, located within the City ^°�,
except as permitted bv Section 121.023.
2. No person shall cany any open receptacle, including a glass, bottle or other device used for the
consumption of intoxicating liquor or non-intoxicating malt liquor, from the licensed premises.
3. Excent as otherwise permitted by state law, a temporarv on-sale 3.2% malt liquor license, a
temporarv on-sale intoxicating liquor license, a consumption and display oermit, or any other
liquor license or nermit issued or approved bv the Citv, �no person shall consume or use
intoxicating liquor or non-intoxicating malt liquar in any pazking area connected with or a part of
the land area of the premises of any other public place or private commercial or industrial business
establishment located within the City of Fridley. This prohibition shall include pazking areas
connected with schools or any other institution of training or education.
Section 2. Reueal• Chapter 121, Section 121.03 of the Fridley City Code is hereby repealed as
follows:
� , � .. ■. � .,,�
- ,„���-�.�.�,�.���_.��.s..�-..�;�..,.��._.
.. ....- - -• - - -- - - - - - • • •. • - • •• . . .. .. . .
. .--
�,. . . .
�
Ordinance No.
Page 2
._
Section 3. Effective Date. This ordinance shall be in full force and effect upon its publication as
provided by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2012.
ATTEST:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication Date:
:1
Scott J. Lund, Mayor
Attachment 2
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
ORDINANCE NO. _
AN ORDINANCE ADOPTING CITY CODE CHAPTER 604 RELATED TO
CONSUMPTION AND DISPLAY PERMITS AND AMENDING CHAPTER 11,
SECTION 11.10, ESTABLISHING FEES
THE CITY OF FRIDLEY ORDAINS AS FOLLOWS:
Section 1. Ameudment. Chapter 60A of the Fridley City Code is hereby enacied as follows:
FRIDLEY CITY CODE
CHAPTER 604. CONSUMPTION AND DISPLAY PERMITS
604.01 CONSUMPTION AND DISPLAY PERMITS
1. A consumption and display permit may be approved by the City for an organization that
complies with the requirements of Minnesota Statutes Section 340A.414, subd. 2 and that has
obtained a permit from the Commissioner of Public Safety.
2. Consumption and display permits issued by the Commissioner of Public Safety and approved
by the City expire on March 31 of each year.
3. In addition to the annual fee imposed by the Commissioner of Public Safety for a
consumption and display permit, the City shall impose a fee, not to exceed $300, which
must be paid prior to issuance of such permit.
604.02 ONE-DAY CONSUMPTION AND DISPLAY PERMITS
L It is the intent and purpose of this section to effectuate the authorization to issue one-day
consumption and display permits given to municipalities by Minnesota Statutes Section
340A.414, subd. 9.
2. One-day consumption and display permits may only be issued to a nonprofit organization in
conjunction with a social activity in the City sponsored by the organization.
3. A one-day consumption and display permit shall be issued on an application form prescribed
by the City Clerk and issued by the City Council. No public heazing shall be required.
4. In addition to the permit fee imposed by the Commissioner of Public Safety for a one-day
consumption and display permit, the City shall impose a fee, not to exceed $25, which must be
paid prior to issuance of such permit.
�
Ordinance No. Page 2
5. If the one-day consumption and display permit is used on public property owned by the City,
upon the recommendation of the Public Safety Directory, the City Council may require the
holder of the permit, as a term and condition of the permit, to hire uniformed police officer(s) to
remain on the premises during the use of the permit.
6. A one-day consumption and display permit issued under this section is not valid unless first
approved by the Commissioner of Public Safety.
7. Permits may be suspended by the Public Safety Director, or a police officer under their
direction, when, in the Director's opinion, there is a public safety danger or infringement of peace
and tranquility.
8. Because the one-day consumption and display permit is not a retail permit for the sale of
alcoholic beverages, no proof of liability inswance will be required for issuance of the permit.
Section 2. Amendment. Chapter ll, Section 11.10, is hereby amended to read as follows:
CODE ` SUBJECT FEE
604 Liquor
Annual Consumption and Display $30Q
One Da Consum tion and Dis la $25
Section 3. Effective Date. This ordinance shall be in full force and effect upon its publication as
provided by law.
PASSED AND ADOPTED BY THE CITY CO[Ji3CIL OF THE CITY OF FRIDLEY THIS
_ DAY OF 2012.
ATTEST:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication:
�
Scott J. Lund, Mayor
'r
�
QTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
February 6, 2012
To: William W. Burns, City Manager��'
From: Dazin R. Nelson, Finance Director
Debra A. Skogen, City Clerk
Don Abbott, Public Safety Director
Scott Hickok, Community Development Director
Jack Kirk, Parks and Recreation Director
Date: January 18, 2012
Re: An Ordinance Amending City Code Chapter 508, Section 508.21.S.D. and Enacting
City Code Chapter 508, Section 508.21.S.E. Related to the Sale and Consumption of
Alcohol at the Springbrook Nature Center
In 20Q7 the City Council adopted Ordinance No. 1239 allowing for the issuance of a temporary on-
sale 3.2°/u malt liquor or temporary on-sale intoxicating liquor license for receptions or social events
within the Springbrook Nature Center Interpretive Building and/or adjacent outdoor designated
space allowed only by special permit. In addition, it allows Springbrook Nature Center to contract
with a private party renting the Nature Center to hire a state licensed caterer to provide alcoholic
beverages with food
A new law was passed by the State of Minnesota allowing retail on-sale licensees to dispense
intoxicating liquor off the licensed premises at a community festival held within the City. The City
Council may also authorize a retail on-sale licensee to disgense intoxicating liquor off the licensed
premises at any convention, banquet, conference, meeting, or social affair conducted on the
premises of a sports, convention, or culhual facility owned by the City. The licensee is, however,
prohibited from dispensing intoxicating liquor to any person attending or participating in a youth
amateur athletic event being held on the premises. A youth amateur athletic event is being defined
as any event whose participants are 18 years of age or younger.
Because of the extensive review by staff of the liquor code, staff addressed this issue with the City
Attorney who recommended an amendment to Chapter 508 to allow for this activity at Springbrook
Nature Center.
Staff recommends a motion holding the first reading of an Ordinance Amending Chapter 508,
Section 508.21.S.D. and Enacting City Code Chapter 508, Secrion 508.S.E. Related to the Sale and
Consumption of Alcohol at the Springbrook Nature Center.
�
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
ORDINANCE NO. _
AN ORDINANCE AMENDING CITY CODE CHAPTER 508, SECTION 508.21.S.D. AND
ENACTING CITY CODE CHAPTER 508, SECTION 508.21.S.E. RELATED TO THE
SALE AND CONSUMPTION OF ALCOAOL AT THE SPRINGBROOK NATURE
CENTER
THE CITY OF FRIDLEY ORDAINS AS FOLLOWS:
Section 1. Amendment. Chapter 508, Section 508.21.S.D. of the Fridley City Code is hereby
amended to read as follows:
D. A private party may contract with ��':'-, �`��'�:a'�,. °---^°°a':�°�°°a �^�°.°� the holder of a
State caterer's permit to krovide food and alcohol to their euests for consumption in the
Springbrook Nature Center Interpretive Buildin�as part of a social event. *� °"��° `'�°�� m.°°'°'^
«,.1.....e .....1 .. .....,.lt 1:....,...... .. :FR.o.. ,. e«r;.... rl.o C.�;....l�.o�L A7..�...o
7«... «a.:. e Q..:i.i: .. C.. ..4:r. .�Fa. nl r,i voac..u.u.v
Section 2. Enactment. Chapter 508, Section 508.21.5, subpart E of the Fridley City Code is
hereby enacted as follows:
E. A retail on-sale licensee mav dispense intoxicatine liquor off the licensed premises at any
convention. banquet, conference, meetint?, or social affair conducted on the nremises of the
Soringbrook Nature Center, pursuant to the nrovisions of Minnesota Statutes, Section 340A.404,
subd. 4(a)� however the licensee is prohibited from dispensin¢ intoxicatinQ liquor to an�person
attendin¢ or narticinatine in a vouth amateur athletic, persons 18 yeazs of age or youn¢er, event
being held on the premises. A vouth amateur athletic event, far the purnoses of this section, is
defined as an event whose particinants aze 18 �ars of aee and �ounser.
Section 3. Effective Date. This ordinance shall be in full force and effect upon its publication as
provided by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2012.
ATTEST:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication:
:�
Scott J. Lund, Mayor
'
qTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
February 6, 2012
To: William W. Burns, City Manager�{p�
From: Darin R. Nelson, Finance Director
Debra A. Skogen, City Clerk
Don Abbott, Public Safety Director
Scott Hickok, Community Development Director
Jack Kirk, Park and Recreation Director
Date: February 2, 2012
Re: First Reading of an Ordinance Amending Chapters 602, 603 and 606 of the Fridley
City Code Repealing Liquor License Boazd and Providing Additional Language
Pertaining to Temporary On-Sale ?.2% Malt Liquor and Temporary On-Sale
Intoxicating Liquor
After receiving a request from the Fridley 49er Days Committee about obtaining a temparary on-
sale intoxicating license to allow for the Community Festival to be held at Moon Plaza, staff
discovered inconsistencies in Ciry Code regarding temporazy 3.2% malt liquor and temporary
intoxicaUng Liquor licenses. Chapter 602 provides for an exemption to a temporary license to the
distance a licensee must be from a chuxch or school, while Chaptex 603 does not. In addition, the
current City Code only allows for up to two temporazy licenses to one organization annually.
Because the Fridley Lions obtained their first license and held an event in January, the City Code
precludes the Lions from obtaining two licenses for the Fridley 49er Days Events. A memo was
drafted to the City Attorney addressing those questions and concerns.
The City Attorney completed a thorough review of the Minnesota State Statutes and City Code
chapters pertaining to alcohol and met with staff to address their questions. The City Attorney
recommended making changes to the liquor code to provide consistency between chapters and to
update or modify the language of the code to bring it consistent with state law. Based this
information, staff believes this is a good time to amend the liquor codes to bring them up to date
with state law and to ensure our code is consistent throughout the chapters.
The first ordinance amends Chapter 602. 3.2% Malt Liquor; Chapter 603. On-5a1e Intoxicating
Liquor; and Chapter 606. On-Sale Intoxicating Liquor-Club.
L In Chapters 602, 603 and 606, under the Section entitled "Granting of License" we
recommend:
�
SUMMARY ORDINANCE NO. _
AN ORDINANCE AMENDING CITY CODE CHAPTER 602, SECTIONS 602.02.3,
602.02.5, 602.051, AND 602141; CHAPTER 603, SECTIONS 603.02, 603.07.1, 603.09.2,
603.24, AND 603.26.1; AND CHAPTER 606, SECTIONS 606.09.1 AND 606.12.1
RELATED TO ON-SALE 3.2% MALT LIQUOR, ON-SALE INTOXICATING LIQUOR
AND ON-SALE INTOXICATING LIQUOR-CLUB5
I. Title
An ordi�ance of the City of Fridley, Minnesota, amending the Fridley City Code Chapters 602, 603 and
606 repealing the need for a Liquor License Board and providing additional language pertaining to
Temporary On-Sale 3.2% Malt Liquor and Temporary On-Sale Intoxicating Liquor.
II. Summarv
Tbe City Council of the City of Fridley does hereby ordain as follows:
The purpose of ordinance amendments is to accomplish the following:
1. Repeal outdated language refemng to the liquor board;
2. Remove language prohibiting the City Council from approving a liquor license at the same
meeting as the public hearing on the license;
3. Substitute the City Clerk for the City Manager with respect to responsibility for processing liquor
license requests;
4. Create exceptions for temporary liquor licenses from the Patio Endorsement requirements;
5. Create an exception for on-sale intoxicating liquor licenses from the 400 foot distance
requirement from churches and schools so it is consistent with the exception for 3.2% malt liquor
licenses in Chapter 602;
6. Change the number of temporary on-sale intoxicating liquor licenses a single organization may
apply from two annually to the number allowed by MN State Statute, Section 340A.404, Subd.
10.
7. Allow on-sale intoxicating licensees to dispense alcohol on the premises of any City owned
sports, convention, or cultural faciliTy, such as Springbrook Nature Center.
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of the City
Code of the City of Fridley. A copy of the ordinance, in its entirety, is available for inspection by any
person during regular business hours at the offices of the City Clerk of the City of Fridley, 6A31
University Ave N.E., Fridley, MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE C[TY OF FRIDLEY THIS _ DAY
OF 2012.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading:
Second Readi�g:
Publication Date:
�
SCOTT J. LUND, MAYOR
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
ORDINANCE NO. _
AN ORDINANCE AMENDING CITY CODE CHAPTER 602, SECTIONS 602.02.3,
602.02.5, 602.05.1, AND 602.14.1; CHAPTER 603, SECTIONS 603.02, 603.07.1, 603.09.2,
603.24, AND 603.261; AND CHAPTER 606, SECTIONS 606.09.1 AND 60612.1
RELATED TO ON-SALE 3.2% MALT LIQUOR, ON-SALE INTOXICATING LIQUOR
AND ON-SALE INTOXICATING LIQUQR-CLUBS
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Chaptexs 602, 603 and 606 related to temporary on-sale 3.2% malt liquor and temporary on-
sale intoxicating liquor be hereby amended and ordains as follows:
Section 1: Amendment. Chapter 602, Sections 602.02.3 and 602.5 of the Fridley City Code are
hereby amended to read as follows:
602.02. LICENSES REQUIRED
3. Temporary "On-sale". Temporary "on-sale" licenses shall be granted only to k�erra�e clubs,
a� charitable, religious, exd or nonprofit organizations for the sale of 3.2% malt liquor for
consumption on the premises only. Said temporary licenses sl� mav be granted upon written
application to the City Council upon forms provided by the City. The provisions of Chapter 602
of the Fridley City Code, as applicable, sha11 be observed by said nonprofit organizations.
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_ ••
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56. Late Night License Endorsement. An on-sale license may be amended to include a Late
Night License Endorsement subj4ect to the terms and conditions imposed by tbe City Council
within its discretion and otherwise in accordance w�th the provisions of this Chapter. No person
may sell any 3.2% malt liquor under any permit issued pursuant to this chapter afrer 1:00 am.
without first obtaining a Late Night License Endorsement. No Late Night License Endorsement
shall be effective after Apxi13�, 20Q8. (Oxd 1222)
::
Ordinance No. _
Page 2
Section 2. Amendment. Chapter 602, Section 602.05.1, of the Fridley City Code is hereby
amended to read as follows:
602.05. GRANTING OF LICENSES
.. ..
A�.AII applications for a license shall be referred to the Public Safery Director and to such
other City Departments as the City A4a�ageF Clerk shall deem necessary for verification
and investigation of the facts set forth in the application. The Public SafeTy Director shall
cause to be made such investigation of the information requested in Section 602.03 as
shall be necessary and shall make a written recommendation and report to the ��e
g�°~�'� City Council; �° «'�° �°°° ---°�� '-° whieh shall include a list of all
ciolations of Federal or State law or Municipal ordinance. The �n�o�i,�� City
Council may order and conduct such additional investigation as it shall deem necessary.
B�.Except for those organizations which are a�plvine for a temporar�icense to sell 3.2%
malt lic�uor pursuant to Section 602.023, �3upon receipt of the written report and
tecommendarion by the Public Safety Director and within twenty (20) days thereafter, the
City Clerk shall ��::� sc.,!-� publishe� in the official newspaper, ten (10) days in advance,
a notice of a hearing to be held by the T;��r�� n�°-a �- +"� City Council, setting forth the
day, time and place when the hearing will be held, the name of the applicant, the
premises where the businessisto be conducted,the nature ofthe business and such other
information as the � City Council may direct. At the hearing, opporiunity
shall be given to any person to be heard for or against the granting of the license. �
>
�:... r�,.....,.:i � n .....:.........t,��.,.,._:..,.
.�.,.y .......�..,.
C�.After receiving such report, recommendation and public comment for the initial license,
the City Counci] shall conduct within a reasonable time such additional hearing as it may
deem advisable and thereafter shall grant or refuse the application in its disctetion.
D�.Each ]icense shall be issued to the applicant only. Each license shall be issued only for
the premises described in the application. No license may be transferred to another person
or to another place without complying with the requirements of an original application,
including the approval of the City Council and the �� �rt�Commissioner of
Public Safetv as required.
EF.The City Clerk shall, within ten (10) days after the issuance of any license under this
Chapter, submit to �-��-�� Commissionet of Public Safetv the full name and
address of each person granted a license, the trade name, the effective license date, and
the date of expiration of the license. The City Clerk shall also submit to the �i�ef
:'
Ordinance No.
Page 3
�er�e� Commissioner of Public Safetv any change of address, transfer, cancellation or
revocation of any license by the Council during the license period.
FC. Where a license is granted to premises where the building is under construction or
otherwise not ready for occupancy, the City Clerk shall not issue the license until
notification by the Building Inspection Departrnent that a Certificate of Occupancy has
been issued and the buildin� is ready for occupancy.
Secfion 3: Amendment. Chapter 602, Section 60214.1, of the Fridley City Gode is hereby
amended to tead as follows:
602.14. PAT10 ENDORSEMENT
1. Statement of Policy
The sale of 3.2% malt liquor pursuant to any of the licenses issued in accordance with Chapters
602, 603 and 606 of the City Code, with the exce�tion of a temporary license. will be limited to
the sale and consumption inside of a structure on the licensed premises, unless the licensee
applies for and receives approval from the City Council for a Patio Endorsement to allow the sale
and consumption outside of a structure on the licensed premises.
Section 4: Amendment.: Chapter 603, Section 603.02, of the Fridley City Code is hereby
amended to read as follows:
603.02. LICENSE REQUIRED
No person, except wholesalers or manufacturers to the extent autharized under State License,
shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquox without fixst
having received a license to do so as provided in this Chapter. No person shall sell any
intoxicating liquor on Sundays without obtaining a separate license for Sunday sales, as required
by Minnesota State Statues. No person sball sell any intoxicating liquor after 1:00 a.m. without
obtaining a special Late Night License Endorsement foT an existing liquor license as provided in
this Chapter. No Late Night License Endorsement granted pursuant w this Chapter will be
effective after Apri130, 2008. (Ord 1222)
On-Sale intoxicating liquor licenses sha11 only be granted to bowling centers, hotels and
restaurants, as defined in Section 603.01, where food is prepared and served for consumption on
tl�e pxemises. (Ref 1172)
The Citv Council may in its sound discretion authorize a retail on-sale licensee to dispense
intoxicatine lictuor off the licensed nremises at a community festival held within the City
pursuant to the rorovisions af Minnesota Statutes, Section 340A.404 subd. 4b. The Citv Council
mav. in its sound discretion authorize a retail an-sale licensee to dis�ense intoxicatine liquar off
the licensed nremises at anv convention banc�uet conference meetin� or social affair conducted
on the premises of a snorts, convention or cultural facilitXowned by the city pursuant to the
vrovisions of Minnesota Statutes, Section 340A.404. subd 4(al� however the licensee is
nrohibited from dispensin¢ intoxicatine liquor to an,y person attendinng or �articipatin�in a youth
.�
Ordinance No.
Page 4
amateur athletic event beinQ held on the premises. A youth amateur athletic event, for the
pumose of this sectian is defined as an event whose oarticipants are 18 vears of a�e or voun�er.
Section 5: Amendment. Chapter 603, Section 603.07.1, of the Fridley City Code is hereby
amended to read as follaws:
603.07. GRANTING OF LICENSE
1. Initial Licenses
. ._ -
A�.AIl applications for a license shall be referred to the Public Safety Director and to such
other City Departments as the City #Iar�ageF Clerk shall deem necessary for verification
and investigation of the facts set forth in ihe application. The Public Safety Director sha11
cause to be made such investigation of the information requested in Section 603.03 as
shall be necessary and shall make a written recommendation and report to the �se
��he City Council, °° ''�° �°°° -~°° '�°, which shall include a list of all
violations of Federal or State law or Municipal ordinance. The �,'r2exse-�ea�cl;� City
Council may order and conduct such additional investigation as it shall deem necessary.
B�.Except for those organizations which aze applving for a temporarv license to sell on-sale
intoxicatine liquor pursuant to Section 603.24, I3�on receipt of the written report and
recommendation by the Public Safety Director and within twenTy (20) days thereafter, i�e
r�w ..:......... ..v.t,e r: e e n,..,..a ,....�., r:,., �,...�,.:i �w..n :..�.....,.+ the City Clerk shall te
:
sexs�te-be publishe� in the official newspaper, ten (10) days in advance, a notice of a
hearing to be held by the ' City Council, setting forth the day, time
and place when the heazing will be held, the name of the applicant, the premises where
the business is to be conducted, the nature of the business and such other information as
the City Council �isense-�ea�� may direct. At the hearing, opportunity shall be given to
any person to be heazd for or against the granting of the license. ^'��� °�"�°r ''�°� °
.�l ..1..,11 ....t l.e ., .oA 1.eF .e +6e ..e.,� « ....7... ....vea:«m ,.F N,e !`:i., l�...,....:1
. ... �
C11....,;«,....,.1.1.,.��:.....
C�.After receiving such report, recommendation, and public comment for the initial license,
the City Council shall conduct within a reasonable time such additional hearing as it may
deem advisable and thereafter shall grant or refuse the application in its discretion.
I}�.Each license shall be issued to the applicant only. Each license shall be issued only for
the premises described in the application. No license may be transferred to another person
or to another place without complying with the requirements of an original application,
including the approval of the City Council and the �er�exke�Commissioner of
Public Safetv as required, except as provided by Sections 603.05.5 and 603.05.9.
91
Ordinance No.
Page 5
E�.The City Clerk shall, within ten (10) days after the issuance of any license under this
Chapter, submit to the �:;���~�rCommissioner of Public Safetv the full name and
address of each. person granted a license, the trade name, the effective license date, and
the daze of expiration of the license. The City Clerk shall also submit to the �teF
r�~�'n�'ommissioner of Public Safetv any change of address, transfer, cancellation ar
revocation of any license by the Council during the license period.
F6.Where a license is granted to premises where the building is under constxuction or
otherwise not ready fox occupancy, the Ciry Clerk shall not issue the license until
notification by the Building Inspection Department that a Certificate of Occupancy has
been issued and the building is ready for occupancy.
Section 6. Amendment Chapter 603, Section 603.09.2, of the Fridley City Code is hereby amended to
read as follows:
603.09. PLACESINELIG[BLE
2. Exaept for those organizations which are applvine for a temporarv license to sell on-sale
intoxicatin�quor �ursuant to Section 603.24, AFno license shall be granted for premises located
within 4Q0 feet of a public school or of any church, the distance to be measured in a straight line
from the nearest point of building to building, excepting the existing on-sale municipal
establishments at the time of the enactment of this Chapter. The erection of a public school ot
church within the prohibited area after an original application has been granted shall not, in and
of itself, render such premises ineligible for renewal of the license.
Section 7. Amendment. Chapter 603, Section 603.24, of the Fridley City Code is hereby
amended to read as follows:
b03.24. TEMPORARY LICENSES
1. The City is hereby authoxized to issue a temporary an-sale intoxicating liquor "license" to
any club, charitable, religious, ar e�keF nonprofit organization which has its principal location
within the City of Fridley and which has been in existence for a period of not less than three (3)
years at the time of making application for this license; or a political eommittee registered under
Minnesota Statutes Section 14A14; or a state universitv. This temporary on-sale intoxicating
liquor license shall only be issued for a social event occuning within the City limits u.,a. -°�
k�eing sponsored by the licensee.
2. ,
t::� : .:.� ::.,,.. , �.° °a .,. *,.,. ...;,. ., .,,,, ..' ...a.. ° The number
of licenses issued bv the Cit�Council shall not exceed the number allowed in Minnesota Statutes
Section 340A.404 Subd. 10.
3. The license may authorize the on-sale of intoxicating liquor on premises other than premises
which the licensee owns or permanently occupies. Further, the licensee may contract for
intoxicating liquor catering services with the holder of a full yeaz, on-sale intoxicating liquor
license issued b��municipalitv �.: :u�- «�,e ,.,.,,a:.:,...,. ,.r.w:.. �,......,._
92
Ordinance No. Page 6
4. Except in those instances where the license holder contracts for the catering of liquar services
as provided in paragraph 3 above, the licensee shall meet the requirements of Section 603.16.
5. An t�application for this temporary license ,��°' '�° -�°a° ;� a.,^,:�°`° �� '''° F""' as
, must be
completed and . T'�° ��:,-:�°, �r �'�:° ���,:�°':�� °'��„ '�° forwarded by the City Clerk to the
Minnesuta Department of Public Safety, ' for their ap�roval. �ke A copy
of the tkis application shall be retained by the City. �is Aepplication for this license must be
made at least thirty (30) days prior to its cequested date. This license shall not be effective unless
approved by both the A4in�eseta Commissioner of Public Safety and the �".� City Council.
6. The a�tia� license fee shall be as provided in Chapter 11 of this Ceode.
7. If the license is used on �ublic property owned by the Cit�upon the recommendation of the
Pubtic Safety Director, the City Council may require the holder of the license, as a term and
condition of the license. to hire uniformed police officer(s) to remain on the �remises durin�he
use of the license.
Section 8. Amendment Chapter 603, Section 603.26.1, of the Fridley City Code is hereby
amended to read as follows:
603.26 PATIO ENDORSEMENT
Statement of Policy
The sale of intoxicating liquor puxsuant to any of the licenses issued in aecordance with Chapters
602, 603 or 606 of the Code, with the exception of a temporazy license, will be limited to the
sale and consumption inside of a structwe on the licensed premises, unless the licensee applies
for and receives approval from the City Council for a Patio Endorsement to allow the sale and
consumption outside of a structure on the licensed premises.
Section 9: Amendme�Y. That Chapter 606, Section 606.09.1, of the Fridley City Code is
hereby amended to read as follows:
606.09 GRANTING OF LICENSES
1. Initial Licenses
.�es�er�s:+asrs:s.
.. ..
A�.All applications for a license shal] be referred to the Public Safety Director and to such
other City Departments as the City � Clerk sha11 deem necessary for verification
and investigation of the facts set forth in the application. The Public Safety Director shall
cause to be made such investigation of the information requested in Section 606.05 as
93
Ordinance No.
Page 7
shall be necessary and shall make a written recommendation and report to the �ieexse
a�°~a����.� City Council, , which shall include a]ist of all
violations of Federal or State law or Municipal ordinance. The �� City
Council may order and conduct such additional investigation as it shall deem necessary.
BE.Upon receipt of the written report and recommendation by the Public Safety Director and
within twenty (20) days thereafrer, ''�° �''�°�---�� �� "�� T :���°� °��-a �- '�° �':'°
r,.....,.:� �w�>> :.- �,�« the City Clerk :� sha11 publishe� in the official
newspaper, ten (10) days in advance, a notice of a hearing to be held by the �e
�ea�-e�-t�ie City Council, setting for[h the day, time and place when the hearing will be
held, the name of the applicant, the premises where the business is to be conducted, the
nature of the business and such other information as the �ieexse-� Cit�Council may
direct. At the hearing, opportunity shall be given to any person to be heard for or against
the granting of the license. ^ '�� �'"°-''�°� ° .°' °"�" ~�''�� ° ,�a'��F ~°
fl.o ..e.�4 ,. ...,1„« .....vot:..... ..Ftl.e (':�.. (`,...«,.:1 f 11 .....:.... .. ...l.�l.o,.«:....
C�.After receiving such report, recommendation and public comment for the initial license,
the City Council shall conduct within a reasonable time such additional hearing as it may
deem advisable and thereafter shall grant or refuse the application in its discretion.
D£.Each license shall be issued to the applicant only. Each license shall be issued only for
the premises described in the application. No license may be transfened to another person
or to another place without complying with the requirements of an original application,
including the approval of the City Council and the �e�-Eet�i�e�-Commissioner of
Public Safetv as required.
E�. The City Clerk shall, within ten (10) days afrer the issuance of any license under this
Chapter, submit to the �in�: �:rt��Commissioner of Public Safetv the full name and
address of each person granted a license, the trade name, the effective license date, and
the date of expiration of the license. The Ciry Clerk shall also submit to the �eF
�^~��Commissioner of Public Safetv any change of address, transfer, cancellation or
revocation of any license by the Council during the license period.
F6.Where a license is granted to premises where the building is under construction or
otherwise not ready for occupancy, the City Clerk shall not issue the license until
notification by the Building Inspection Department that a Certificate of Occupancy has
been issued and the building is ready fot occupancy.
Section 10: Amendment. Chapter 606, Section 606.12.1, of the Fridley City Code is hereby
amended to read as follows:
606.12. PATIO ENDORSEMENT
The sale of intoxicating liquor pursuant to any of the licenses issued in accordance with Chapters
602, 603 or 606 of the Code, with the excention of a tempararxlicense, will be limited to the sale
and consumption inside of a structure on the licensed premises, unless the licensee applies for
and receives approval from the City Council for a Patio Endorsement to allow the sale and
consumption outside of a structure on the licens�ed�remises.
4
Ordinance No.
Page 8
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2012.
ATTEST:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publicarion Date:
95
Scott J. Lund, Mayor
I'
�
Cffl' OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
AGENDAITEM
CITY COUNCIL MEETING OF FEBRUARY 6, 2012
William W. Burns, City Manager�p�
James P. Kosluchar, Public Works Directo
Layne R. Otteson, Assistant Public Works
February 1, 2012
PW11-080
Receiving Feasibility Report and Calling for a Public Hearing for Jackson Street
Improvements Project 413
On January 23, 2011, the City Council approved Resolution 2012-06 directing preparation of a
feasibility report for the Jackson Street Improvements Project 413.
On December 14, 2011, an open house to discuss the need and options for providing a storm
sewer on the 7300 and 7400 blocks of Jackson Street for connection of sump pump discharge
lines. Twenty-two property owners were notified of the meeting by mail, and residents from
eight properties attended. Also in attendance were three City Council members.
Staff gave a presentation of the issues and possible solution by constructing a storm sewer that
could service the properties. The condition of Jackson Street was also discussed. While this
was not the focus of the meeting, staff indicated that the City is hesitant to repair the street prior
to rerouting of the sump pump discharges. Staff explained that the street work would likely be
on a different timetable and could be reasonably considered for 2013.
The need for special assessments and resident participation was explained for both storm
sewer and street improvements, and residents indicated support for improvements after
considering that their participation is estimated at $1,250 for the storm water improvements,
and $2,000 for the street improvements.
Subsequently, on January 9, 2012, Duncan Wagner of 7370 Jackson Street presented the City
Council with two petitions for the storm sewer improvements and street improvements,
respectively. Both storm sewer and street improvements are considered in the report.
Please refer to the completed feasibility report, which concludes:
1. The storm water improvements are not included in the City of Fridley's CIP budget, but
can be accommodated by the storm water utility CIP fund in 2012 by adjustment.
2. The street rehabilitation improvements are not included in the City of Fridley's proposed
2012 CIP budget and Street Maintenance Program.
NZ�
3. The storm water improvements are cost-effective to construct in 2012, and will result in
reduced maintenance requirements within the project area and a long-term savings to
the City of Fridley.
4. The street rehabilitation improvements are will not result in cost savings to the City of
Fridley if constructed in 2012.
5. The storm water improvements are feasible and can be funded in the FY2012 budget
with or without the street improvements.
6. The street rehabilitation improvements are feasible, but should be considered for future
CIP budgets, starting in the FY2013 budget.
While staff recommends the storm sewer improvements for construction in 2012, staff does not
recommend including the rehabilitation of Jackson Street in this project. The work to be
performed on this street segment required more analysis and should be planned as a separate
project at a later date, and should be considered for inclusion in the FY2013 budget.
StafF recommends the City Council approve the attached resolution receiving the Preliminarv
Report for Jackson Street Drainaqe and Street Improvements Proiect No. 413 and calling for a
public hearing on the proposed improvements on March 12, 2012.
If the City Council approves the attached resolution at this meeting, public hearing notices will
be received by property owners abutting the project area and the public hearing will be
advertised in the official newspaper.
JPK:jpk
Attachments
.�1
RESOLUTION NO. 2011-
A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
IMPROVEMENT FOR JACK50N STREET IMROVEMENT PROJECT NO. 413
WHEREAS, pursuant to Resolution 2012-06 of the City Council of the City of Fridley adopted January 23,
2012, a report has been prepazed by the City of Fridley Public Works Department with reference to the
improvements listed in `E�ibit A', attached, and this report was officially received by the City Council on
Febniaty 6, 2012, and
WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective,
and feasible, and
WHEREAS, the report concludes that storm sewer improvements are necessary, cost-effective, and feasible to
construct in 2012 and street and carb and gutter rehabilitation are not necessary, cost-efFecrive, and feasible to
construct in 2012,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA:
The council will consider the storm sewer improvements in accordance with the report and the
assessment of abutting property for all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $59,840.00.
2. A public hearing shall be held on such proposed improvement on the 12th day of March 2012, in
the Council Chambers of the Fridley City Hall at 730 p.m. and the clexk shall give mailed and
published notice of such hearing and improvement as required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6`h DAY OF
FEBRUARY, 2012.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
SCOTT 7. LUND - MAYOR
EXHIBIT A
JACKSON 5TREET IMPROVEMENTS PROJECT NO. 413
PROPOSED IMPROVEMENTS
Storm sewer extension for connection of sump pump services and associated restoration work on the
following segment:
Jackson Street 73`d Avenue to Concerto Curve
..
'= AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 6, 2012
CIiY OF
FRIDLEY
1NFORMAL STATUS REPORTS
100