11/17/2008 - 6168_ _�..e..�.
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FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF NOVEMBER 17, 2008
7:30 p.m. - Citq Council Chambers
Attendance Sheet
ALFASF PR/NT MAM� ADDRi�SS AND ITFM NUMBFR Y(JU ARS /MiSRFSTFD /N
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008
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CTIYOF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, o�eatment, or
employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who
require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE. PUBLIC HEARINGS:
PRESENTATION:
2008-2009 Snow Removal Policies
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS: ��
1. Resolution Authorizing Staff to Pursue )!
Federal Stimulus Funding for Local ���
Projects —
........................................ 1 2
2. Approve 2009 Consulting Services Agreement
between the City of Fridley and GIS Rangers,
LLC.......:...................................... 3 - 13�
3. Claims .......................................... 14
4. Licenses ...................................... 15 - 16
5. Estimates .................:................... 17
OPEN FORUM (VISITORS). Consideration of Items
Not on Agenda —15 Minutes
6. Consideration of the Hotel/Motel License
for LivINN Suites ......................... 18 -19
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NEW BUSINESS: �
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7. Resolution Revokin� Speciat Use Permit,
SP #89-08 for 757d! Inc. to Operate an Auto
Repair Business in an M-1 Zoning District,
Generally Located at 7570 Highway 65 N.E.
(Ward 2) .......:.............. ............. 20 - 23
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8. Informal Status Reports
ADJOURN.
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..... .... ... 24
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Parks and Recreation Department
Memo
To: William W. Burns, City Managery���
From: Jack Kirk, Director of Parks and Recreation �'�
Date: November 17, 2008
Re: Resolution Supporting Safe Routes to School Grant Application
The Fridley School District is going to be submitting an application to the
Minnesota Department of Transportation for a Safe Routes to School Grant.
The grant would allow for some additional bike paths, bike racks, crosswalk
markings, and signage to foster improved walking and biking opportunities to the
school sites.
Duane Knealing, Director of Building and Grounds for the school district, has
asked that the City Council pass a resolution of support for this project to be
submitted with grant application materials. There are some aspects of the
project which would affect the City and would require coordination with City staff.
Public Works Director Jim Kosluchar, Finance Director Rick Pribyl and I have all
worked with School District personnel on this grant project. We believe this will
be a good project that will benefit the residents of our community and help make
it easier to bike and walk to the school sites. We all support the grant application
being made by District #14.
I have attached a resolution supporting the Safe Routes to School Grant
-.:=;,�pl�ation by Independent S�hool District #14. It is my understanding that the
deadline to su6mit all application mate�ials is this week, so it would be very
helpful if the City Council could pass this resolution of support at the Monday,
November 17, 2008 meeting.
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RESOLUTION 5UPPORTING THE SAFE ROUTES TO SCHOOL GRANT
APPLICATION BY INDEPENDENT SCHOOL DISTRICT #14 TO THE STATE
OF MINNESOTA DEPARTMENT OF TRANSPORTATION.
WHEREAS, the Safe Routes to School Program is designed to improve the conditions
and quality of bicycling and walking to school; and
WHEREAS, the Safe Routes to School Program seaks to reverse the 30 yeaz decline in
the numbers of children walking to school and reintroduce opportunities for regulaz
exercise; and
WHEREAS, the City of Fridley recognizes that the outdoor play area of the public
schools serve as neighbarhood playgrounds far residents of the community; and
WHEREAS, the City of Fridley also recognizes that the public schools aze the center of
many community activities, including Parks and Recreation Department organized
programs and youth sports association athletic leagues; and
WHEREAS, Independent School District #14 has informed the City of Fridley of intent
to submit a grant application for a Safe Routes to School Grant; and
WHEREAS, Independent School District #14 has asked the City of Fridley to be a
partner in implemenring parts of the project; and
WHEREAS, the City of Fridley will be reimbursed for a11 costs associated with the
improvements outlined in the Safe Routes to School Grant project; and
WHEREAS, the City of Fridley recognizes the need to maintain the crosswalk markings
��,�nd �Z�thway improvements on City property that aze provided for in the Grant project;
and � _._ _
WHEREAS, the City of Fridley will be approving and coordinating all work to be
completed on City properiy related to this grant project;
NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley City Council
supports the improvements included in the Safe Routes to School Grant Application by
Independent School District #14 and recognizes the positive impact this project will have
upon the citizens of the community.
BE IT FURTHER RESOLVED, thaY the City Council of the City of Fridley supports the
application to the State of Minnesota Department of Transportation for financial
assistance to implement a Safe Routes to School Project in the City.
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�ffY �F
FRIDLEY
CITY COUNCIL MEETING OF NOVEMBER 17, 2008
The City of Fridley will not discriminate against or harass anyone in the admission or
access to, or treatment, or employment in its services, programs, or activities because of
race, color, creed, religion, national origin, sex, disability, age, marital status, sexual
orientation or status with regard to public assistance. Upon request, accommodation will
be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and activities. Hearing impaired persons who need an interpreter or other
persons with disabilities who require auxiliary aids should contact Roberta Collins at
572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
2008-2009 Snow Removal Policies
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Resolution Authorizing Staff to Pursue
Federal Stimulus Funding for Local Projects ................................................ 1- 2
2. Approve 2009 Consulting Services Agreement
between the City of Fridley and GIS Rangers, LLC ...................................... 3- 13
3. Claims .......................................................................................................... 14
4. Licenses ......................................................................................................
`N'�i[:
5. Estimates ..................................................................................................... 17
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 17, 2008 PAGE 2
OPEN FORUM (VISITORS). Consideration of Items Not on Agenda — 15 Minutes
PUBLIC HEARINGS:
6. Consideration of the Hotel/Motel License
for LivINN Suites .......................................................................................... 18 - 19
NEW BUSINESS:
7. Resolution Revoking Special Use Permit,
SP #89-08 for 7570 Inc. to Operate an Auto
Repair Business in an M-1 Zoning District,
Generally Located at 7570 Highway 65 N.E.
(Ward 2) ....................................................................................................... 20 - 23
8. Informal Status Reports ................................................................................ 24
ADJOURN.
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CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 17, 2008
William W. Burns, City Manager
James Kosluchar, Public Works Director
Layne Otteson, Asst Public Works Director
November 17, 2007
Resolution to pursue federal stimulus funds for local projects
I,�JN�:�iL[�
The City has been notified that MN/DOT is soliciting project requests with respect to a
possible economic stimulus package for transportation projects. The stimulus package is
expected to be acted on sometime in November. If it passes, MN/DOT estimates that from
$150 to $300 million may be available for distribution throughout the state. MN/DOT needs
a list of projects that could be included in an economic stimulus package that can be
developed and authorized within 90 days of when the federal bill passes. This list is
expected to include local projects that can be fast-tracked without right of way or
environmental impacts.
At this time, MN/DOT does not know if there would be matching locals dollars required or if
it will be 100% federally funded. City projects placed on the list does not bind the City to
commit funding.
Staff has determined that projects such as mill and overlay projects located on MSAS
would be eligible and have the best chance to be selected. In addition, projects such as the
TH65 Causeway Widening are being reviewed for eligibility and possible candidate
submission. Submission of several potential projects would be to the City's advantage.
Staff asks Council to authorize pursuit of this opportunity and submit several street
reconstruction projects to MN/DOT for federal funding. If stimulus dollars are made
available and a City of Fridley project is selected by MN/DOT, staff will report to Council
with the details and a recommendation on how to proceed, and provide a summary of
budget impacts to the City Council prior to final commitment.
The attached resolution authorizes the Director of Public Works to pursue funding for
candidate projects with MN/DOT. Recommend the City Council adopt the attached
resolution for submittal to the State Aid Office.
JPK:Iro
Attachment
RESOLUTION NO. 2008 -
RESOLUTION AUTHORIZING STAFF TO PURSUE FEDERAL STIMULUS FUNDING
FOR LOCAL PROJECTS
WHEREAS the City of Fridley has been advised by the Minnesota Department of Transportation
(MN/DOT) of the potential availability of transportation stimulus funding, and
WHEREAS the transportation stimulus funding has not been authorized or dedicated to
particular projects at this time, and
WHEREAS MN/DOT has requested a list of eligible candidate projects from local government
units, and
WHEREAS in Fridley, 22.9 MSAS miles are currently authorized and have been improved to
State Aid standards and have ongoing maintenance needs, and
WHEREAS the City of Fridley Engineering Division maintains a list of future projects to
address these ongoing maintenance needs, and
WHEREAS several of these proj ects require no additional right-of-way and have no
environmental impacts, and
WHEREAS the City of Fridley has identified MSAS streets in need of re-surfacing and other
system needs that may be federally funded, and
NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota,
authorizes the Director of Public Works to provide a candidate list of projects and additional
information that may be required to MN/DOT and other agencies for federal stimulus funding,
and perform additional actions as necessary to secure said funding.
PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
17th DAY NOVEMBER, 2008.
ATTESTED
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND - MAYOR
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QTY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 17, 2008
William W. Burns, City Manager � t�
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James P. Kosluchar, Public Works Director �
November 17, 2008
Consulting Services Agreement for 2009
Technical Assistance
PW08-045
Attached is a proposed consulting services agreement for GIS services for 2009. 3M has provided
GIS services including data entry and mapping to enable the City of Fridley to analyze and manage
data and associated attributes which are spatially referenced.
This coming year, we propose to contract for these technical services with GIS Rangers, LLC. Some
of you may recall this was the entity that provided these services prior to their personnel's movement
to 3M. The personnel involved in this contract have been servicing the Cities of Fridley, Columbia
Heights, and Andover for several years.
The proposed 2009 contract is the same as our 2008 contract, with the exception of a rate increase of
5%. This amounts to a$1,632 annual increase for this service. We can accommodate this increase
in our proposed 2009 budget.
I spoke briefly with Scott Hickok, Comm.unity Development Director, and he agrees with engineering
staff that we have received excellent service and value in the past with this contract. Staff
recommends approval and authorization of the proposed contract for 2009.
JPK; jk
Attachment
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CONSULTING SERVICES AGREEMENT
This Agreement is made as of , 200_ (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." GIS RANGERS 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 necessary services
according to the terms and conditions stated herein;
NOW, THEREFORE, in consideration of the mutual promises and agreements contained
herein the parties agree as follows:
1. TERM
1.1 Term.
The term of this Contract shall be from January l, 2009, through
December 31, 2009, unless earlier terminated by law or according to the
provisions of this Contract.
2. CONTRACTOR'S OBLIGATIONS
2.1 General Description.
Contractor will provide 2,340 hours annually of onsite GIS technical
assistance to Tri-City. The Contractor will spend approximately 80 hours
per month per each city in Andover and Fridley, and approximately 35
hours per month in the City of Columbia Heights. Additional hours may
be contracted as provided in Section 3.4.
2.2 Conformance to Specificatiori.
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The Contractor will provide the Services as set forth in Exhibit A. -
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2.3 Limited Warrantv
GIS RANGERS warrants that the Services will be performed in a safe,
professional and workmanlike manner consistent with the applicable
industry standards and this Agreement.
GIS R.ANGERS MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARR.ANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED
WARRANTY ARISING OUT OF A COURSE OF DEALING, A
� CUSTOM OR USAGE OF TR.ADE.
3. PAYMENT
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 to
pay directly or reimburse GIS RANGERS.
Total Service Fees: $83,539.0-0 to be allocated as follows:
Andover-$34,272.0-0, or 41 %;
Fridley-$34,272.0-0, or 41%;
Columbia Heights-$14,995.°-0, or 18%
J 3.2 Invoices.
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Contractor shall, within fifteen (15) working days following the last day of
each calendar 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.
3.3 Time of Payment.
All 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, inform Contractor in writing of the
disputed amount and the specific reason(s) for withholding payment. On
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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 after the issues �
have been resolved.
3.4 Tri-City shall have the right to request changes within the scope of the
Services; however, all such changes are subject to acceptance by
Contractor. If any change causes an increase or decrease in the fees, or in
the time required for performance, prior to commencing the services
required by the requested change, Contractor shall notify Tri-City of such
increase or decrease and the Agreement shall be modified in writing
accordingly. Contractor shall not proceed with any change until a written
amendment has been accepted by Contractor; however Contractor's right
to payment for such change shall not be affected in the event Contractor
agrees in writing to proceed prior to the completion of such amendment.
4. COMPLIANCE WITH LAWS/STANDARDS
4.1 General.
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Contractor shall abide by all Federal, State or local laws, statutes, '
ordinances, rules and regulations now in effect or hereinafter pertaining to
this Contract or to the facilities, programs and staff for which Contractor is
responsible.
5. INDEPENDENT CONTRAC'I'OR STATUS
Contractor is an independent contractor and nothing herein contained 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 harmless and defend Tri-City, its members,
officers and employees against any and all liability, loss, costs, damages,
expenses, claims or actions, including attorneys' fees which Tri-City, its officers
or employees may hereafter sustain, incur or be 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.
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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 satisfaction of, the indemnity
provisions herein. All 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 Covera�e.
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
coverages at a minimum:
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Personal Injury/Damage: $200,000 per person
$600,000 per occurrence
B) Workers' Compensation
If applicable, Contractor shall procure and maintain a policy that at least
meets the statutory minimum.
7.3 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.
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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 Inabilitv to perform.
Contractor shall make every reasonable 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 Dutp to Miti�ate•
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. �
10. TERMINATION
10.1 With or Without Cause.
Notwithstanding any other provision of this Contract,. either Party may
terminate this Contract at any time for any reason by 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 s
termination date.
10.2 Notice of Default.
Either Party may terminate this Contract for cause by giving ten (10) days
written notice of its intent. Said notice shall specify the circumstances
warranting termination of this Contract.
10.3 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.
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10.4 Notice of Termination.
' Notice of Termination 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
effective date of termination, in accordance with the laws of the State of
Minnesota.
11. CONTRACT RIGHTS/REMEDIES
11.1 Rights Cumulative.
All remedies available to either Party under the terms of this Contract or
by 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 shall 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 performance 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
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: Andover: .
President
GIS RANGERS, LLC
2434 Virginia Circle
Roseville, MN 55113
Fridle
Director of Public Works
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
13. MODIFICATIONS
14.
City Engineer
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Columbia Heights:
Public Works Director
City of Columbia Heights
637 - 38�h Avenue NE
Columbia Heights, MN 55421
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 PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES 1N 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.
15. 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.
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16. MERGER
Final A�reement.
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
representations, warranties, or stipulations, either oral or written, not herein
contained.
17. DISPUTE RESOLUTION
17.1 This Agreement will be construed and enforced according to the laws of the
Stafe of Minnesota, without regarding to its conflicts of law rules. Any
litigation regarding this Agreement must be iiled and maintained in the state
or federal courts of the State 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
irreparable harm to it, but the mediation stated in Section 17.3 will
otherwise be fully exhausted before the commencement of any litigation.
17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A NRY
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 action for breach of warranty, must be commenced within one
year after the later of: (a) date on 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 commencement of any litigation regaxding this Agreement, the
Parties agree to voluntary, non-binding mediation to resolve any dispute
they may have. The mediation will be conduct by a mutually selected
rnediator (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 will each
pay iis own attorneys' fees and will share equally the other mediation costs.
While 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 participate 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
'�1
purposes of the applicable rules of evidence.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) � I
indicated below.
CONTRACTOR TRI-CITY GIS ORGANIZATION
gy: • By:
Title: Title:
Date: Date:
By:
Title:
Date:
By: _
Title:
Date:
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Exhibit A
Contractor shall provide the following services generally described as GIS On-
Site Support, including but not limited to:
• Maintain and edit all GIS datasets being used for Companies GIS
• Create new datasets by:
o Heads up digitizing
o Merging new datasets
o Spatial analysis
o Geoprocessing
o Geocoding
• Create and update GIS maps
• Advise Tri-City on GIS projects and software
• Maintain and keep records of GIS-related software and software
licenses
• Customize GIS software where applicable
• Customize and maintain GIS related web pages
` Other non-GIS services:
• Create and maintain Microsoft Access databases
- • Customize forms and reports using Microsoft Access
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CRY OF
FRIDLEY
AGENDA ITEM
COUNCIL MEETING OF NOVEMBER 17, 2008
CLAIMS
139293 - 139404
14
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�ffY OF
FRIDLEIF
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 17, 2008
Type of License Applicant Approved By:
Christmas Tree Sales Menards Communit Develo ment
5351 Central Public Safet
Fire Inspector
Mana erial Li uor Dis ensin Dawn Christine Hermann Public Safety
G.B. Lei htons, Pickle Park
7820 Universit Ave
Mana erial Li uor Dis ensin Travis Kaare Youn Public Safet
Broadwa Pizza
8298 University
� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 17, 2008
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Air Masters, Inc Heatin Brian Kuhn Ron Julkowski, CBO
Condor Fire lace & Stone Heatin Colenda Starkweather Ron Julkowski, CBO
Krinkie Heatin & A/C Heatin Bruce Krinkie Ron Julkowski, CBO
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�ffY �F
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF NOVEMBER 17, 2008
ESTI MATES
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374
2008 Street Improvement Proj ect No. 2007-3
FINAL ESTIMATE ....................................
$ 10,062.68
� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 17, 2008
�ffY �F
FRIDLEY
To: William W. Burns, City Manager
From: Public Safety Director pon Abbott
Date: November 13, 2008
Re: Revocation Hearing for LivInn Suites
At the April 14, 2008 City Council meeting the City of Fridley Police and Finance Departments voiced
some concerns regarding the renewal of the LivInn Suites hotel license. The hotel was experiencing a
high number of police calls for service. Due to the nature of the calls for service, council renewed the
license with the following provisions:
1) LivInn Suites will participate in an Action Plan during 2008 that was prepared by the Fridley Police
Department.
2) The LivInn Suites will appear before the Fridley City Council on November 17, 2008 for possible
revocation of their 20081icense.
Following the April 14, 2008 City Council meeting, Captain Weierke and Lieutenant Monsrud met with
management staff of LivInn Suites to present a six-month Action Plan and the expectations of the City.
Meetings were held with managers on five more occasions to review calls for service and compliance
with the Action Plan.
Over the past six months there have been 58 calls for service to LivInn Suites; some of which were
police initiated. The calls for service have remained unchanged. LivInn Suites has complied with the
Action Plan by completing background checks on their guests; no longer accepting cash payment for
rooms; and allowing no stays less than 24 hours. In addition, LivInn Suites management routinely
reviews web-sites for any indication of prostitution-related activity being associated with their property.
Detective McKeen was able to present a drug recognition training course for approximately twenty-five
employees of LivInn Suites. As a result of the efforts, staff believes that drug, robbery and prostitution
activity has shown a decrease. LivInn Suites has complied with all requirements of MSS Chapter 327
and has willingly met with staff monthly.
Recommendation:
LivInn Suites has complied with the Six Month Action Plan. Staff recommends not revoking the LivInn
Suites Hotel license at this time.
The Police Department will continue to monitor their activity and meet monthly with LivInn Suites'
management. Staff will also complete monthly reports for Council until the 2009 renewal date.
Livinn Suites Calls for Service Summarv
Police Calls for 131
Service 2006
Police Calls for 122
Service 2007
Calls for Service 6 57
Months Prior to
Council Meeting
October 14, 2007
— April 14, 2008
Calls for Service 6 58
Months after
Action Plan April
14, 2008 —
October 14, 2008
Crime 6 Months Prior to Council 6 Months After Council
Meeting Meeting
Assault 3 1
Burglary - 1
Civil Assist 4 1
CSC - 1
Detox - 2
Disorderl Conduct 1 3
Domestic Assault 1 3
False Info to Police - 1
Officer
Fraud 2 2
Miscellaneous Officer 12 9
Motor Vehicle Theft - 4
Narcotics 4 -
Obstruction Legal 1 -
Process
Order For Protection 2 -
Prostitution Report - 1
Public Peace 4 5
Robbery 3 -
Suspicious Activity 5 4
Theft 4 10
Warrant Arrest (Police 7 7
Initiated)
Welfare Check 4 3
TOTAL CALLS FOR 57 58
SERVICE
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FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF NOV. 17, 2008
November 13, 2008
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Resolution Revoking Special Use Permit #89-08 for Sam's Auto World, generally located at
7570 Highway 65 NE
Introduction
The City Council held a public hearing on November 10, 2008 regarding the special use permit (SUP) for
auto repair at Sam's Auto World located at 7570 Hwy. 65. Staff presented a report, but no one was in
attendance to represent the owner. Council moved to close the public hearing, but directed staff to notify the
owner about the item so that he could be part of discussion at the following City Council meeting. Staff has
since called the business and hand delivered a letter for the owner to the owner's business manager, who
assured us that he would notify Samir Awaijane, who now lives in Florida. If Mr. Awaijane was unable to
attend, he was asked to send a representative to the meeting.
Background
After noticing an illegal temporary sign and outside storage violations a few months ago, staff has been
monitoring the business activity at Sam's Auto World. In the midst of our investigation, staff received
evidence from the State Department of Public Safety that vehicle sales were occurring under the 7570
Highway 65 address, but under the business name of Rhino Auto Repair. There is no signage at 7570
Highway 65 indicating the existence of a business by this name, however, employees on site have indicated
that there are several different companies leasing from Mr. Awaijane, and one is an auto body repair
business.
Staff has noted other code violations at 7570 Highway 65 recently, including:
• Automobile sales in an industrial zoning district
Outdoor storage in the front yard
Unauthorized use of a public right of way for vehicle storage and display
Illegal temporary signage
Special use permits are typically tied to the land and not to a specific business. This SUP, however, was tied
to the Sam's Auto World business. Staff was informed by an onsite employee yesterday that the Sam's Auto
World business no longer exists — even though the site is still signed under that business name. Staff was told
that an auto repair business called Grand Central Auto operates in the front of the building and an auto body
shop called Blue Diamond runs out of the back of the building. Mr. Awaijane also apparently leases space to
Sages Towing and possibly other businesses.
This new information immensely changes the situation. It appears that Mr. Awaijane has sold his auto repair
business but retained ownership of the land. Staff was unaware of this earlier as the Sam's Auto World name
is still prominently displayed on the building. But, change in ownership of the business being operated on
site nullifies SP #89-08, because it was approved by the City with a nontransferable clause.
In addition, Mr. Awaijane is also leasing space to Sage's Towing. The M-1 zoning ofthis site does not
permit this use. A use that requires the outdoor storage of motor vehicles or the outdoor manipulation of
motor vehicles is a use specifically excluded from the M-1 zoning district.
This means that the existing auto repair business, the auto body repair business, and the towing business are
not permitted uses on this site and must be removed. The auto repair business owners could apply for a new
SUP, but the towing business is not allowed even by an SUP. Mr. Awaijane has leased to businesses that are
not allowed on the site.
Recommendation
Therefore, staff recommends that SP#89-08 be revoked. Staff further recommends that the owner of the site
be given 90 days to vacate all uses not allowed by zoning or without a SUP. The 90 day timeline will allow
interested parties to apply for and obtain a new SUP.
This 90 day timeline to vacate should include:
• Removal of signage for any business no longer located on the site within 15 days of Council
revocation
• Installation of signage for any business leasing on site within 30 days of Council revocation
• Removal of all full and partial automobiles as well as parts outside of the building
• Removal of all automotive parts and fluids from the premises
• Sweeping of all paved surfaces in the front and back of the site
• Removal of all screening fence sections and posts
• Removal of any part and equipment racking
• All disturbed soil must be graded and landscaped (lay sod or seed) to assure soil is stabilized to
resist wind and water erosion.
A resolution revoking SP#89-08 is attached for the Council's consideration.
M-08-24
RESOLUTION NO. -2008
A RESOLUTION REVOKING SPECIAL USE PERMIT #89-08 FOR 7570 INC. TO
OPERATE A AUTO REPAIR BUSINESS IN AN M-1 ZONING DISTRICT,
GENERALLY LOCATED AT 7570 HWY 65 NE
WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create
zoning ordinances that regulate the use of land in order to protect the public's health,
safety, morals, and general welfare; and
WHEREAS, City Zoning Code Section 205.05.5.G requires the City Council to revoke a
special use permit, following a public hearing, when there is failure to comply with any
and all conditions and stipulation of the issued permit; and
WHEREAS, the Fridley City Council held a public hearing regarding the special use
permit SP #89-08, allowing auto repair in an M-1 zoning district at Sam's Auto World,
generally located at 7570 Highway 65 NE on November 18, 1991; and
WHEREAS, the November 18, 1991 approval of SP #89-08 included several
stipulations, which were required to be met in order to continue to operate the Central
Auto Parts business located at 1201 73'/ Avenue; and
WHEREAS, City staff conducted several inspections of the site from April 2008 to
November 2008 to determine compliance with the stipulations of SP #89-08; and
WHEREAS, City staff found that several stipulations have not been met; and
WHEREAS, The City of Fridley has previously considered revocation of SP #89-08 in
2006 when the owner was selling vehicles on site, which is not a permitted use in the M-
1 zoning district and is a violation of the stipulations of SP#89-08; and
WHEREAS, the site owner was informed that he must cease car sales from the site
immediately and relinquish his State Dealer's License by November 15, 2006; and
WHEREAS, staff has received evidence from the State Department of Public Safety
that vehicle sales are still occurring on the site and; and
WHEREAS, in recent on site inspections, staff has discovered many additional code
violations, including a use that is excluded in the M-1 zoning district and evidence that
the original auto repair business has been discontinued and two new auto repair
businesses are operating on the site; and
WHEREAS, a stipulation of SP #89-08 is that the special use permit shall not be
transferable to a different ownership or control without approval of City Council; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, after
listening to all the facts presented at the public hearing, makes the following FINDINGS
OF FACT:
1. That the City of Fridley and its staff have acted within the Fridley Zoning Code;
and
2. That the City of Fridley staff accurately represented the condition of the property
when they inspected it, finding several items of noncompliance of the stipulations
of the special use perm it; and
3. That the City of Fridley staff communicated the stipulations of the special use
permit to the site owner in 2006, throughout the public hearing process to
consider revocation of SP #89-08; and
4. The business owner was notified by mail of the November 10, 2008 public
hearing; and
5. That a public hearing was held on November 10, 2008, allowing the City Council
to take testimony on this property; and
6. That as of November 17, 2008, the property continues to be in violation of the
special use permit action taken by the City Council on September 11, 2006.
BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the
evidence before it, expressly finds that the foregoing recitation is true and correct and
incorporates it as part of its Findings of Fact.
BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the
City of Fridley hereby revokes the special use permit SP #89-08 to operate a auto repair
business in an M-1 district at 7570 Highway 65 NE.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2008.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
� AGENDA ITEM
� CITY COUNCIL MEETING OF NOVEMBER 17, 2008
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FRIDLEY
INFORMAL STATUS REPORTS