CCA 09/09/2013 CITY COUNCIL MEETING OF SEPTEMBER 9, 2013
CITY 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
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need
an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta
Collins at 572-3500. (TTD/572-3534)
WORKSHOP DISCUSSION ITEMS:
(Begins at 6:30 p.m.)
1. Presentation on Anoka County Economic Gardening Project.
2. Council Salaries.
CITY COUNCIL MEETING:
(Begins at 7:00 p.m.)
PLEDGE OF ALLEGIANCE.
PROCLAMATION:
Constitution Week (September 17 -23, 2013) 1
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting of August 26, 2013 2 - 11
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2013 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
2. First Reading of an Ordinance Recodifying the
Fridley City Code by Amending Appendix F to
Provide for the Adjustment of Salaries for the
Mayor and Councilmembers in Accordance with
Section 2.07 of the Charter of the City of Fridley 12 - 14
3. Receive the Minutes from the Planning Commission
Meeting of August 21, 2013 15 - 22
4. Special Use Permit Request, SP #13-08, by
Incertec, Inc., to Allow Limited Outdoor Storage,
Generally Located at 160 — 83rd Avenue N.E.
and
Resolution Approving Special Use Permit,
SP #13-08, for Incertec, on Behalf of Brenny
Enterprises, LLC, the Property Owner, for
the Property Located at 160 — 83rd Avenue N.E.
(Ward 3) 23 - 29
5. Resolution Consenting to the Housing and
Redevelopment Authority in and for the City of
Fridley, Minnesota, adopting a 2013 Tax Levy
Collectible in 2014 30 - 32
6. Resolution Declaring Cost to be Assessed and
Ordering Preparation of Proposed Assessment for
Street Improvement Project No. ST 2013-01 33 - 34
7. Resolution Directing Publication of the Hearing
on the Proposed Assessment for Street
Improvement Project No. ST 2013-01 35 - 36
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2013 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
8. Claims (160873 — 161024) 37 - 50
9. Licenses 51 - 55
10. Estimate 56
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
OLD BUSINESS:
11. Approve 90-day Extension Request for
Final Plat Approval, PS #12-01, and
Vacation Request, SAV#13-02, by •
Carlson McCain on Behalf of William
Fogerty, for the Property Generally Located
at 7011 University Avenue N.E. (Ward 1) 57 - 58
NEW BUSINESS:
12. Resolution Approving Master Plan Amendment,
M.P. #13-01, for Fairview Health Services, on
Behalf of the Property Owner, Columbia Park
Properties, to Allow the Construction of Building
Additions and the Modification of the Parking
Lot, Generally Located at 6341 University
Avenue N.E. (Ward 1) 59 - 79
13. Informal Status Report 80
ADJOURN.
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CRY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF SEPTEMBER 9, 2013
7:00 p.m. — City Council Chambers
Attendance Sheet
Please print name, address and item numberyou are interested in.
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CONSTITUTION WEEK
SEPTEMBER 17-23, 2013
WHEREAS, our Founding Fathers, in order to secure the blessings of liberty for themselves and
their posterity, did ordain and establish a Constitution for the United States; and
WHEREAS, September 17, 2013, marks the 226th anniversary of the drafting of the Constitution
of the United States of America by the Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition of this magnificent document
and its memorable anniversary; and,
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17 through 23 as Constitution
Week,
NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley,
do hereby proclaim the week of September 17 through 23, 2013, as
CONSTITUTION WEEK
in the City of Fridley, Minnesota.
IN WITNESS WHEREOF, I have set my
hand and caused the seal of the City of
Fridley to be affixed this 9th day of
September, 2013.
Scott J. Lund, Mayor
1
CITY COUNCIL MEETING
CITY OF FRIDLEY
AUGUST 26,2013
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: Liz Kray Code Enforcement Intern
Scott Hickok, Community Development Director
Darin Nelson, Finance Director/Treasurer
Wally Wysopal, City Manager
Darcy Erickson, City Attorney
Jack Kirk,Director of Parks and Recreation
PRESENTATION:
Code Enforcement Report by Liz Kray
Liz Kray, Code Enforcement Intern, stated she is in her last year at UMD majoring in geography
and urban regional studies. Her internship at Fridley has been very rewarding. This summer,
she visited all of the commercial and industrial sites in Fridley. There were 335 of them. Of
those properties, 225 had violations (67 percent) and the violation count was 435 violations.
Those were broken down into three different districts: Industrial, 206 (48 percent); Commercial,
143 (33 percent); and Onaway, 82 (19 percent). She did spend a lot of time up in the Onaway
District which was kind of a problem area. She focused on parking lot striping.
Ms. Kray stated she sent out 407 first notices; 94 finals, 9 weed letters (she did not have to do
any weed abatement as they all mowed), 15 temporary sign letters, and 1 abatement letter (for
which she has a reinspection on Wednesday before abating it). She does have 57 inspections
tomorrow and Wednesday. Right now there are 310 closed cases and 125,open cases.
Ms. Kray stated last time they did commercial/industrial code enforcement was in 2009. There
were 392 violations at that time. The big things they looked at were dumpsters not being
enclosed and outdoor storage. This year, outdoor storage was still one of the top two along with
parking lot maintenance. Property maintenance was third on both of them, dumpster enclosures
was a little bit behind.
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 26,2013 PAGE 2
Ms. Kray stated there were 113 properties that were inspected in both 2009 and 2013 that had
some sort of violation. Her top violation was exterior storage which made up 123 of the 435
violations (29 percent). She spoke of one victory where a property owner did come into
compliance with both weed recommendation of 10 inches or less and got rid of a lot of outdoor
storage on the site. Mr. Hickok stated it was the best the site had looked in the 19 years he has
worked for Fridley.
Ms. Kray stated as to parking lot stripes, she noticed a lot of stripes were either faded or did not
exist at all. She sent 104 letters out to 104 businesses in Fridley to either stripe or repair their
parking lot. She never told them to reseal or replace their parking lot. They will see a lot of new
parking lots around Fridley with nice fresh stripes.
Ms. Kray stated in the Onaway District, a big issue was parking lots. A lot of them did not have
stripes. She ran into a couple of problems with business owners not wanting to stripe. She
explained that they had to come into compliance with the Code, and they were then more than
willing to do that.
Ms. Kray stated as to property maintenance, there were 56 violations (13 percent) of the 435. A
lot of it was fencing. A couple violations were for signs or buildings that needed to be repainted
or repaired. She showed a photo of a loading dock that was completed a couple of days ago.
There were a lot of extensions given for parking lot striping and building and property
maintenance because staff knew contractors were in their busy season and could not get out right
away. That is one of the reasons there are so many open cases. With respect to striping,they are
scheduled for the next month to month and one-half So are a couple of the property
maintenance cases.
Ms. Kray stated the last of the top five were illegal temporary signs. These included the
flashing signs and the flashing "Open" signs, window coverage of 40 percent, and banners and
temporary signs without permits.
Ms. Kray stated right now currently 71 percent of the violations are resolved. This will go up by
the end of the week; 125 of the violations are not unresolved with 50 of them being reinspected
on Tuesday and Wednesday. She does have 39 current extensions, and there are 8 properties
applying for a special use permit, with 3 of them on before the City Council the next month or
so. There may be 5 more the following month.
Councilmember Bolkcom stated comments came up at the street reconstruction and some of
them were by businesses that are somewhat struggling and they actually delayed their road
construction. They asked whether somehow those could go together because some of the people
read that the notices stated they had to basically repave their parking lots. She asked if they
could work closer with that because some of them said they would have probably waited but felt
they had to stripe it. The City does offer some programs for businesses or homeowners to work
with a contractor so that they may have been able to do even more improvements.
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 26,2013 PAGE 3
Councilmember Bolkcom said she thought the word "violation" makes people think they are in
major trouble. She asked if they could look at the wording. A person gets a letter and they feel
they are in trouble and need to do something right now. In the Onaway District, there are
probably a few owners and a lot of other business people who are in those buildings and just
leasing them. She said she was incredibly impressed by Ms. Kray's work.
Ms. Kray stated there are a couple of extensions out until next spring/summer where people
want to resurface or reseal but they do not have the money.
Councilmember Bolkcom stated perhaps they need to bold that on the bottom. They should call
someone and not get so upset.
Scott Hickok, Community Development Director, stated it is in the last paragraph. They
encourage them to call. Staff is very impressed with Ms. Kray working with the businesses in
which they have this rapport and discussion. If they need an extension, all people have to do is
call.
Councilmember Bolkcom stated in no way is she saying it did not happen for people who called
in. Other residents had some of the same issues.
Mr. Hickok stated once they think they are in trouble they may stop reading to see what the full
solution is. He would encourage them to read it all the way through and then call.
Councilmember Bolkcom asked if Ms. Kray would send her the map of the violations.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting of August 12,2013
APPROVED.
NEW BUSINESS:
2. Approve Encroachment Agreement for 165 Stonybrook Way N.E. (Ward 3).
Wally Wysopal, City Administrator, stated this agreement provides for waiver of liability to the
City in case there is any sewer or drainage work that needs to be attended to. This came up
through the title company as the property was being sold. The City Attorney has drafted and has
addressed it with an encroachment agreement. The City is held harmless for all liabilities in case
the subject shed needs to be replaced or removed.
APPROVED.
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 26,2013 PAGE 4
3. Approve Change Order No. 1 for Street Rehabilitation Project No. ST2013-01.
Mr. Wysopal stated this is a .6 percent increase over the total project cost. It is about a $5,200
increase and about $2,500 is coming from CenterPoint Energy expenses because of some of the
gas lines they had punctured through the City's sewers. Those gas mains have since been
abandoned, but the damage was done and needed to be replaced. There are also six broken gate
valves the City found and several sinkholes that had to be repaired. Staff recommends Council's
approval.
APPROVED.
4. Appointments—City Employees.
Mr. Wysopal stated the City is recommending the appointment of two City employees. Matt
Kohner is taking on the position of Assistant Fire Chief effective September 16. Second,
Cleveland McCoy is the new Program Supervisor in the Parks and Recreation Department
effective August 27.
Mr. Wysopal stated Matt Kohner's experience goes back to 2008 from the City of Ramsey. He
has been the Fire Marshal there and also a firefighter and Assisting Fire Chief in the paid on-call
division since 2002. In the year 2000, he was the Forest Lake Fire Inspector, and from 1991 to
2006, he worked as a production manager at Micro Control in Fridley. He has multiple
memberships in professional associations. He also has education and training that go beyond the
requirements of the position. He has been working on his technical degree in fire protection; and
has a two-year degree in mechanical drafting from Southwestern Technical College in Winona.
Mr. Wysopal stated Cleveland McCoy was a Recreation Specialist Coordinator with the Hubert
H. Humphrey Job Corps since 2011. He managed recreational facilities and coordinated and
created sports programs for those students. He has also worked as a relief counselor for at-risk
youth in South Carolina where he grew up in the Charleston area, and has been a director of
sports for the Baptist High School summer camp in Hollywood, South Carolina. He has a degree
in physical education activity management from South Carolina State University, and he has
played some professional indoor football.
APPROVED.
5. Claims (160712—160872).
Councilmember Barnette asked how successful the Canada Goose management program was.
Jack Kirk, Director of Parks and Recreation, stated they do keep coming back and is why they
have to stay on top of it. They recognized going into it they were not going to get rid of all of the
geese and it was going to be an annual process. The goal was to keep it up during the prime
summer months to have the number of geese reduced, and that is what it does.
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 26,2013 PAGE 5
Councilmember Barnette asked what the City does with the geese.
Mr. Kirk replied, for almost 30 years now the City has been contracting with a company which
removes them. When they first did it they were taking 100-120 those first couple of years, then
it got down to about 60 a year. The last couple years it was 40. This year it was 25.
Councilmember Varichak asked if at one point the eggs were also taken from the site.
Mr. Kirk replied, there are different options. Usually they do some addling or oiling of the eggs
so they do not hatch. In addition, they have also worked with the wildlife service. The problem
they have at Moore Lake is finding the nests.
APPROVED.
6. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF CONSENT AGENDA:
Councilmember Bolkcom asked under the Workshop, if they could add the word, "designee"to
the sentence in Section 3.7 on page 21, third sentence.
MOTION by Councilmember Bolkcom to receive a new document modified on page 5, Section
3.7. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM: No one from the audience spoke.
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 26,2013 PAGE 6
NEW BUSINESS:
8. Resolution Certifying the Proposed Tax Levy Requirements for 2014 to Anoka
County.
Darin Nelson, Finance Director/Treasurer, stated the proposed 2014 levy complies with the City
Charter requirements regarding inflationary increases and public disclosure. The total proposed
2014 levy equals $11,511,288, which is approximately $259,000 more, or 2.3 percent of an
increase over the 2013 levy. Of this proposed levy increase, 1.6 percent or $175,000 is planned
to be dedicated towards the capital equipment fund.
Mr. Nelson stated in 2010 and 2012, equipment certificates were issued for capital equipment
replacement purchases as a way to achieve capital equipment purchases the City had foregone
and did not have the available resources to purchase.
Mr. Nelson stated the goal of Council and staff is to reduce and eventually eliminate capital
equipment certificates and the corresponding interest expense in hopes of reducing tax levies,
etc. With the dedicated levy and increased Local Government Aid, this goal should be realized.
Mr. Nelson stated every year the question is, what effect does this levy increase have on the
average homeowner within the City of Fridley. Preliminary tax estimates are difficult to
determine at this point in time. The County has not received the City's fiscal disparity
information yet and truth in taxation notices come out later this fall. Staff can do some estimates
and come up with some general calculations, which he will provide further in his presentation.
Mr. Nelson stated also affecting the taxes is the shift in market value. Residential values from
2012 and 2013 declined 5.78 percent, and the commercial/industrial values declined 4.46
percent. In essence, this is going to shift the tax burden a little bit more over to the
commercial/industrial and away from the residential properties.
Mr. Nelson stated these changing valuations among the different property types will offset the
property tax burden. Because of the larger percentage declines in other property types,
residential property owners will likely see a lower percentage increase compared to the total levy
increase of 2.3 percent.
Mr. Nelson stated an average home valued with an estimated market value of $135,000 will
receive a tax increase of approximately $12 which is estimated on the high side and not taking
into consideration the shift of property values. This same home last year saw a $30 decrease in
City property taxes even though the property tax levy last year increased 5.1 percent. There
again it was because of residential properties declining at a higher rate than
commercial/industrial.
Mr. Nelson stated Truth-in-Taxation notices will be mailed to all property owners in mid-
November. That is when this proposed tax levy will be on the statements. This proposed levy is
required to be provided to the County Auditor by September 16. This proposed levy is the
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 26,2013 PAGE 7
maximum amount that can be certified by the County Auditor. The amount can be reduced prior
to that time but cannot be increased.
Mr. Nelson stated in keeping with State law regarding budget meeting for the 2014 budget, the
City is announcing tonight that the public meeting for the 2014 budget and tax levy will be held
on December 2 at 7 p.m. at the Fridley Municipal Center. Also scheduled is another budget
work session on October 21 at 7 p.m. in Rooms 1 and 2 also in the Fridley Municipal Center.
Mr. Nelson stated staff recommends Council approve the resolution certifying the proposed tax
levy requirements for the 2014 levy. The general fund will have approximately $10,053,000;
Springbrook Nature Center, $339,300; capital equipment fund, $175,000; and the bonded
indebtedness, $942,000; for a grand total of$11,511,288.
Mayor Lund stated they had a budget session last Monday night, and a lot of the questions were
addressed at that point. The good news for him is the City is using the increased LGA to
hopefully stop seeing equipment certificates in the near future. This is a real plus for Fridley.
MOTION by Councilmember Saefke to adopt Resolution No. 2013-40. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Resolution Adopting the 2014 Proposed Budget.
Darin Nelson, Finance Director, stated in accordance with State law, the certification of the
proposed budget must be to the County Auditor by September 16. The City is following the
open process requirements in Chapter 275 of the State Statutes. By having this item on the
agenda, the City is complying with Section 7.05 of the City Charter requiring that the proposed
budget be the principal item of business at the last regular meeting of August. It is anticipated
that 2014 will be a busy year for many departments within the City. Most notably, major multi-
year redevelopment projects are nearing fruition and are projected to provide a spike in building
permit revenues for not only next year but for several years after.
Mr. Nelson stated the City also has antenna lease revenues which are expected to increase with
the recent approval of the Verizon lease at the Commons Park water tower. Also, this year the
legislature implemented two changes that are beneficial to the City from a financial standpoint.
The first was the LGA formula. It is anticipated to bring the City an additional $450,000 per
year starting in 2014. That is an increase from $760,000 to about $1.2 million. Over the last
several years, they have worked hard as a staff and Council to take that uncertainty from LGA
out of the operating budget and move it over to the capital budget. With capital projects, the City
has a little bit more leeway. They are a one-time purchase rather than an ongoing operation.
Mr. Nelson stated the City has dedicated those LGA funds to the capital equipment fund, the
building improvement fund, and also the parks improvement fund over the next several years.
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 26,2013 PAGE 8
Mr. Nelson stated the second legislative change was the elimination of the general purpose sales
tax. Back in the early 1990s, the State mandated that cities and counties start paying sales tax
again. Effective January 1, 2014, cities will now be exempt from this requirement. This change
is anticipated to save the general fund approximately $75,000. They will be discussing these
savings and the effect on the budget at the December 2 public meeting as well.
Mr. Nelson stated the total proposed general fund expenditures are set to increase around 2
percent (1.998%). This will include a modest 1.5 percent COLA increase for personnel services.
In addition, I.T. funding is being fully restored which is an additional $50,000 per year. I.T.
funding is at a 75 percent level for this year and it will be fully restored for 2014.
Mr. Nelson stated 2014 is also an election year, which has adds an additional $40,000 to the
budget.
Mr. Nelson stated regarding the breakdowns for the general funds, the total revenues are
scheduled to change from the 2013 budget to the 2014 budget by about 1.5 percent. Taxes
increase about .3 percent. That includes delinquent taxes and penalties as well.
Mr. Nelson stated licenses and permits include building permit fees which are expected to
increase. The charges for services is a line item that includes the antenna rental line item.
Mr. Nelson stated the total for the 2014 budget is just under $15 million which is again a 1.5
percent increase over 2013.
Mr. Nelson stated on the expenditure side of the general fund, the City had personal services,
supplies, other services and charges, capital outlay and other financing uses. Here they have a 2
percent change in expenditures. Personal services is going up 1.9 percent and that includes
COLA. Other financing uses include the additional $50,000 for the I.T. transfer.
Mr. Nelson stated recapping the revenues and expenditures, the revenues are budgeted right now
at $14,979,000; and the expenditures are $14,995,000, giving the City a change in fund balance
of a deficit at the moment of $15,000. For the current year, the City budgeted a surplus of
$51,000. There was some late-breaking information on the City's health insurance rates at the
end of last year which changed the amount from a deficit to a surplus.
Mr. Nelson stated as to the general fund forecast, which is presented at the workshops each year,
there are two distinct areas. The fund balance policy of the City is to maintain its reserve at a 35-
50 percent funding level of next year's expenditures. The City needs that because of the timing
of when its tax proceeds come in. Its fiscal year ends December 31. It gets a large amount of
money at the beginning of December and then the next tax proceeds do not come in until
approximately the end of June. Therefore, the City needs about five to six months of operating
capital to make it through for cash flow purposes. The fund balance policy of 35-50 percent,
goes along with what the State Auditor's office recommends as well. The actual fund balance
for 2012 was about 52 percent of what the City's fund balance policy is. This gives the City
some cushion in case there are unforeseen events or disasters, etc. For 2012, the revenue
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 26,2013 PAGE 9
outpaced the expenditures by a little. As the City budgets for 2013 and 2014, and forecasts them
out in the future,the amounts pretty much mirror each other. The graph he is presenting has kind
of changed the couple of years he has been with the City. It is a lot more even keel at the
moment and looks healthier than it did a couple of years ago and kinds of takes that uncertainly
out of there.
Mr. Nelson stated the remaining steps in the budgeting process are as follows: The Council
budget work session is to be held on October 21 at 7 p.m. The public meeting on the budget will
be held on December 2 which will include discussion on both the levy and the budget
resolutions. Finally, at the December 9 Council meeting, a resolution will be presented to the
Council requesting approval of both the 2014 final tax levy and final budget.
Mr. Nelson stated the budget before Council should be viewed as the proposed budget for 2014.
Staff recommends Council's approval of the proposed budget for 2014.
Mayor Lund stated again they did go over this at quite a length at their budget session last
Monday night, and he does not see anything new.
MOTION by Councilmember Saefke to adopt Resolution No. 2013-41. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Motion Approving the 2014-2018 Capital Improvements Program (CIP).
Darin Nelson, Finance Director, stated this is a new process for this year. The CIP is the City's
plan to provide and maintain facilities for citizens and businesses of Fridley within the
constraints of limited resources. Similar to the annual operating budget, the CIP is a policy
document. While a detailed capital expenditures in the City over the next five years, changes in
the City's priorities and available resources require that the plan be re-evaluated on an annual
basis. In the past, the CIP was incorporated as part of the annual budget. This year the CIP is a
stand-alone document. They have had two Council work sessions dedicated to reviewing the
CIP—one in June and the other last Monday evening. The goal of creating a separate CIP
document is to focus on capital projects over both the upcoming year and the foreseeable future.
Capital projects often require planning well into the future to assure financing and
implementation procedures are in alignment.
Mr. Nelson stated the highlights of the CIP include addition of new LGA funding for 2014 and
beyond. As they touched on before, the 2014 LGA funding anticipates an increase from
$760,000 to $1.2 million. The City's goal is to eliminate the capital equipment certificates and
be able to plan for this within the capital equipment budget with the LGA and the tax levy which
will help them eventually eliminate the need for issuing those equipment certificates.
Subsequently,that will lower the tax burden on individuals and businesses as well.
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 26,2013 PAGE 10
Mr. Nelson stated the approval of the CIP is not the last step in the budget and planning process.
The capital items in the 2014 columns will be included in the 2014 annual budget under each
respective fund. Council will review the entire budget at the October work session with the
ultimate approval set for December. In October they will be reviewing the 2014 projects at that
time.
Mr. Nelson stated staff recommends the resolution as presented.
MOTION by Councilmember Saefke to adopt Resolution No. 2013-42. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. Informal Status Reports.
There were no informal status reports.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:20
P.M.
Respectfully submitted,
Denise Johnson Scott J. Lund
Recording Secretary Mayor
11
i AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 9, 2013
CRY OF
FRIDLEY
To: Wally Wysopal,City Manager
From: Deborah Dahl,Human Resources Director
Date: Sept.5,2013
Re: COUNCIL SALARY ADJUSTMENTS FOR 2014
In preparation for the approval of the 2014 budget, I am following your recommendation to propose
a one and one-half percent (1.5%) salary adjustment for the Mayor and City Council Members,
consistent with the proposal planned for other City employees.
Background:
Pursuant to the Section 2.07 of the Fridley City Charter, the City is required to adopt by ordinance to
make any adjustment in salaries and expenses for the Mayor and Council members by Nov. 1. The
Charter reads:
"Section 2.07. SALARIES AND EXPENSES.
The Mayor and each Councilmember shall receive reasonable remuneration or salary,the annual
amount and payment of which shall be prescribed by ordinance duly adopted on or before November
1st of the year preceding payment of the same. When authorized by the Council,its members shall be
remunerated for their reasonable expenses incurred in connection with the City's business.The City
Manager and all subordinate officers and employees of the City shall receive such reasonable
compensation as may be fixed by the Council. (Ref. Ord. 1034)"
City records also reflect that in March of 1989, the Fridley City Council adopted an Ordinance (#920)
of offering the same benefit package provided to all other full-time authorized City employees to City
Council members. It appears that Council have consistently received these benefits since 1989.
The City Council has remained at the same salary level since 2009 and have declined to raise their
salaries each year during the budget process.
Proposal:
As mentioned in the opening statement, staff is preparing the 2014 budget and have included a 1.5%
increase to the Council salaries,which needs to be approved in the form of an Ordinance Amendment
by November 1 and will require a First and Second Reading. With your permission, I am submitting
the following recommendation and Ordinance Amendment for City Council approval:
12
If approved, the City Council annual salaries for 2014 shall be as follows:
Mayor: $10,688.53
Council Member At-Large: $8,779.42
Council Members (Wards I, II and III): $7,761.85
I have attached my research comparing our peer cities compiled by the League of Minnesota Cities in
their 2013 Salary Survey. As you will see below, the City of Fridley salaries for Council and Mayor are
less than those cities with whom we identify as our peers.
2013 City of Fridley
Salary Comparisons for City Council
Source: LMC 2013 Salary Survey
2013 2013 2013 %Diff Lower
SUMMARY Fridley Metro Wide Peer Cities Than Peers
Mayor $10,530.57 $7,757.49 $11,181.37 5.82%
Council Member At-Large 8,649.68 N/A N/A N/A
Council Member 7,647.15 6,024.93 8,530.61 10.35%
Breakdown By Peer Cities
Council
Peer Cities Mayor Members
Apple Valley $11,220.00 $8,028.00
Blaine 13,367.00 10,000.00
Brooklyn Center 11,500.00 8,805.00
Columbia Heights 13,800.00 7,800.00
Coon Rapids 14,000.00 12,250.00
Edina 7,758.00 7,758.00
Fridley 10,530.57 7,647.15
Golden Valley 11,619.00 8,696.00
Lakeville 9,996.00 8,664.00
Maplewood 12,855.00 11,314.00
New Brighton 8,600.00 7,000.00
Richfield 10,379.00 8,070.00
Roseville 9,300.00 7,020.00
St. Louis Park 11,796.00 6,807.00
Woodbury 11,000.00 8,100.00
Average $11,181.37 $8,530.61
If you would like further detail or information, I would be happy to meet with you. I will available to
attend the Sept. 9, 2013 Council meeting to address any questions or provide further information.
DKD
13
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE
BY AMENDING APPENDIX F TO PROVIDE FOR THE
ADJUSTMENT OF SALARIES FOR THE MAYOR AND
COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07
OF THE CHARTER OF THE CITY OF FRIDLEY
The City Council of the City of Fridley does hereby ordain as follows:
The annual salaries for the Mayor and Councilmembers during 2014 and subsequent years shall be
as follows:
Mayor $10,688.53
Councilmember-at-Large $8,779.42
Councilmember, Ward I $7,761.85
Councilmember, Ward II $7,761.85
Councilmember, Ward III $7,761.85
In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-
time authorized employees of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF ,2013.
SCOTT J. LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN- CITY CLERK
First Reading: Sept. 9, 2013
Second Reading: Sept. 23, 2013
Publication:
14
PLANNING COMMISSION MEETING
August 21,2013
Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m.
MEMBERS PRESENT: David Kondrick, Brad Sielaff, Jack Velin, Brad Dunham, Tim Solberg,
and Leroy Oquist
MEMBERS ABSENT: Dean Saba
OTHERS PRESENT: Stacy Stromberg,Planner
Christopher Batiste,Incertec
Sonia Fenberg,Fairview Fridley Clinic
Ray Piirainen,Fairview Fridley Clinic
Jennifer Kaeding,BDHY Architects
Approval of Minutes: July 17,2013
MOTION by Commissioner Dunham to approve the minutes as presented. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING:
Consideration of a Special Use Permit, SP #13-08, by Incertec, to allow limited outdoor
storage,generally located at 160—83rd Avenue.
MOTION by Commissioner Dunham 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 7:03
P.M.
Stacy Stromberg, Planner, stated the petitioner, Chris Batiste, Environmental Health and Safety (EHS)
Coordinator with Incertec, the company located at 160 - 83rd Avenue, is seeking a special use permit to
allow limited outdoor storage of a storage container in the rear yard of the property.
Ms. Stromberg stated the property is zoned M-2, Heavy Industrial, as are the properties to the west.
Broadway Pizza which is zoned C-2, General Business, is located to the east and Bachman's and Sam's
Club, which are zoned C-3, General Shopping, are located to the south. Springbrook Apartments is
located to the north of the subject property and is zoned R-3, Multi-Family. The property is located on
83rd Avenue, west of University Avenue. The property was developed in 1996, with the construction of
the existing office/warehouse building. Over the years several interior modifications have been made to
the building.
Ms. Stromberg stated this summer the City's Community Development Department hired a Code
Enforcement Intern to do systematic inspections of our commercial and industrial properties. As a result,
15
Planning Commission
August 21, 2013
Page 2 of 8
many of our industrial businesses will be coming before the Planning Commission and City Council for
special use permits for outdoor storage. This special use permit request is one of those that came to
staffs attention during those systematic inspections.
Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts with a special
use permit that is up to 50 percent of the building's footprint. The existing building's square footage is
32,100 square feet, so City code would allow up to 16,000 square feet of outdoor storage on this property.
Ms. Stromberg stated the petitioner would like to continue to store an 8-foot by 30—foot storage
container within the rear yard of the property. The storage container is 240 square feet which is well
below the allowable outdoor storage area for this property. According to the petitioner, "the container
holds F006 hazardous waste that consists of only solid material. The container has been lined to prevent
leakage and has been approved by Anoka County Community Health and Environmental Services, for
this use. The container is always locked and is emptied on a regular,weekly basis."
Ms. Stromberg stated based on the calculations provided to the City by the petitioner on how the interior
space of the building is used, City Code would require 83 parking stalls for this site. There are 76 parking
stalls on site; however this property does have a cross parking and driveway agreement with the two
industrial properties to the west, which allows for additional parking needs if necessary. Staff has not
noticed that parking has been a problem on this site, but will stipulate that if it does become a problem,
additional parking will need to be installed.
Ms. Stromberg stated the storage container is located in the southwest corner of the site, and is barely
visible from the public right-of-way. Staff determined that screening of a storage container can be
difficult and can become more of a maintenance issue than the actual container if the screening is not
maintained. As a result, the container itself is considered sufficient screening from the public right-of-
way.
Ms. Stromberg stated the petitioner is meeting all of the other code requirements to allow a special use
permit for limited outdoor storage.
Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations as
limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided
specific code requirements are met, subject to stipulations.
Ms. Stromberg stated staff recommends that if the special use permit is granted, the following
stipulations be attached:
1. Outdoor storage area shall be limited to the square footage on the container requested as
part of this special use permit request.
2. The types of materials stored inside of the containers shall be reviewed by the Fire
Marshal.
3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan
approved by City staff to re-work the interior space of the existing building or fmd other
parking options.
Commissioner Sielaff asked, regarding the material that is being stored in the container, does Anoka
County periodically inspect the contents? Do they permit it at all?
16
Planning Commission
August 21, 2013
Page 3 of 8
Ms. Stromberg replied, it has been approved by Anoka County and she's assuming for them to do that,
they need to do inspections. She referred Commissioner Sielaff to the petitioner.
Christopher Batiste, Incertec, stated he is the environmental health and safety coordinator for Incertec.
On an annual basis the trailer is inspected by Laura Schmidt with Anoka County. She comes and does an
inspection of the facility as well as an inspection of the container to make sure it is leak proof and that
they are storing what is supposed to be stored in there which is F006 hazardous waste.
Chairperson Kondrick asked,which is what?
Mr. Batiste replied, F006 hazardous waste. It is like a sludge they get from their presses. They have a
waste treatment department where they break down chemicals and make sure they are safe to discharge,
etc. The sludge comes from the J presses, and they have to have it shipped off site.
Chairperson Kondrick asked, is it gathered in small barrels?
Mr. Batiste replied it is gathered in what they call a "sludge bag." It is like a type of lined bag
specifically for that hazardous waste. It is tied and, once it is full (about 2,500 pounds)it gets moved into
that trailer. The trailer gets filled up weekly, and they have it shipped off.
Chairperson Kondrick asked does the container have a roof on it?
Mr.Batiste replied,yes.
Commissioner Sielaff asked whether Laura Schmidt is with the County and she inspects the trailer once
a year?
Mr.Batiste replied,yes.
Commissioner Sielaff asked how much waste do they generate a year?
Mr.Batiste replied,they are a large quantity generator. They go through 5-6 sludge bags a week, 15,000
pounds.
Commissioner Sielaff asked whether they are permitted by the County?
Mr.Batiste replied,yes.
Commissioner Solberg asked, do they expect over time they might require more storage, off-site
storage?
Mr. Batiste replied, not at this time. Because of the space constraints they have in the building they
cannot grow within the building.
Commissioner Sielaff asked how long has Incertec been there?
Mr.Batiste replied, it was formerly Spec Plating; and Incertec took over in April 2011.
17
Planning Commission
August 21, 2013
Page 4 of 8
Commissioner Sielaff asked, is the permit issued for a certain period of time?
Mr. Batiste replied, they do give them their large plant generating permit every three years. As to
industrial discharge, a permit is issued every three years as well.
Commissioner Sielaff asked whether there have ever been any compliance problems?
Mr.Batiste replied,no.
Chairperson Kondrick asked whether the Fire Marshal stops by and takes a look?
Mr.Batiste replied,he has in the past. He does not believe he has inspected the trailer.
Chairperson Kondrick asked Ms. Stromberg whether the City has received any comments from
Incertec's neighbors?
Ms. Stromberg replied, they received one call from Bachmann's just inquiring what they were doing
and, since the trailer was already in there,they did not have any concerns.
MOTION by Commissioner Dunham to close the public hearing. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:13
P.M.
Chairperson Kondrick stated he has no problem with this. Mr. Batiste has answered all the questions.
Staff is on top of this thing.
Commissioner Velin stated the stipulations should have some reference having the Fire Marshal set up a
specific time to inspect it.
Chairperson Kondrick stated that is a good idea. It is in the stipulations that the Fire Marshal review
the materials.
MOTION by Commissioner Oquist approving Special Use Permit, SP #13-08, by Incertec, to allow
limited outdoor storage, generally located at 160—83rd Avenue with the following stipulations:
1. Outdoor storage area shall be limited to the square footage on the container requested as
part of this special use permit request.
2. The types of materials stored inside of the containers shall be reviewed by the Fire
Marshal.
3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan
approved by City staff to re-work the interior space of the existing building or find other
parking options.
Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
18
Planning Commission
August 21, 2013
Page 5 of 8
2. PUBLIC HEARING:
Consideration of a Master Plan Amendment, MP #13-01, by Fairview Health Services, to
allow a building addition and parking lot modifications, generally located at 6341
University Avenue.
MOTION by Commissioner Solberg to open the public hearing. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:14
P.M.
Ms. Stromberg stated Raymond Piirainen, of Fairview Health Services, is requesting a master plan
amendment for the Fairview Clinic property located at 6341 University Avenue,to allow for two separate
building additions and a parking lot and driveway revisions on the property.
Ms. Stromberg stated the proposed project involves construction of a 2,758 square foot first floor
pharmacy addition, with clinical space on the second floor, which will be located on the northwest side of
the building. It also involves a 2,773 square foot first floor loading dock and gurney sized elevator
addition, with clinical space on the second floor, which will be located on the southwest side of the
building.
Ms. Stromberg stated the project will also include reworking the current driveway through the site and
parking area, by eliminating the driveway thru that connects the east and west parking lots, and
constructing a new circular drop off area with a canopy and drive-thru pharmacy.
Ms. Stromberg stated the property is located on the southeast corner of Formies Avenue and the
University Avenue Service Drive. It was rezoned, along with the City Hall property and the Cummin's
property at 6499 University Avenue to S-2, Redevelopment district in 1982. When the property was
rezoned, the existing medical clinic was constructed. In 2003, a master plan amendment was approved to
re-design the parking lot and construct two building additions; one on the northwest side and the other on
the east side of the building. The parking lot redesign,which includes land owned by Fairview and by the
City's Housing and Redevelopment Authority (HRA), was completed; however, the building additions
were never constructed.
Ms. Stromberg stated when any property is rezoned to S-2 Redevelopment District, it requires that the
accompanying site plan become the master plan for the site. Once the S-2 zoning is approved by the City
Council, any modification to that originally approved master plan would require a Master Plan
Amendment. A Master Plan Amendment needs to be reviewed and approved by the Planning
Commission and City Council. Review and recommendation is also required by the Housing and
Redevelopment Authority (HRA) to the City Council before the amendment can be approved. Since the
proposed project is a modification from what was originally approved with the rezoning, the petitioner is
seeking this Master Plan Amendment.
Ms. Stromberg stated the IARA will have the opportunity to review this request at their September 5,
2013 meeting.
19
Planning Commission
August 21, 2013
Page 6 of 8
Ms. Stromberg stated the proposed project involves construction of(2)separate building additions, along
with a re-design of the driveway and parking areas, to construct a circular drop area in front of the new
public entrance, along with the construction of a drive-thru for the new pharmacy within the building.
Ms. Stromberg stated the new additions comply with all setback and lot coverage requirements.
Ms. Stromberg stated City code requires 150 parking stalls for this use, and the petitioner is proposing to
provide 235 parking stalls of which (6) are ADA compliant, which meets code requirements. City
Engineering and Fire Department staff have had a chance to review the proposed site plan and new
circular driveway and are comfortable with the modification. The circular driveway will extend over the
property line and encroach into the City's right-of-way; therefore, an encroachment agreement will need
to be signed between the City and Fairview prior to construction. City Engineering staff also
recommends the construction of bollards or landscape hedge along the circular drive,within the right-of-
way to help facilitate the separation of vehicles. The existing driveway that will be north of the new
circular drive will be landscaped with a rain garden and additional pedestrian crossings will also be
installed.
Ms. Stromberg stated City Staff recommends approval of Master Plan Amendment, MP #13-01 with
stipulations.
Ms. Stromberg stated staff recommends that if the Master Plan Amendment is approved, the following
stipulations be attached:
1. The property shall be developed in accordance with the site plan, C2.0, dated July 29,
2013,by Alliant Engineering.
2. The petitioner shall obtain all necessary permits prior to construction.
3. The petitioner shall meet all Building code,Fire code, and ADA requirements.
4. The petitioner shall comply with the Fire Department comments dated August 12,2013.
5. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
6. The petitioner shall receive Mississippi Wastershed Management Organization approvals
prior to issuance of a building permit.
7. City engineering staff to review and approve grading, drainage and utility plans prior to
issuance of building permits.
8. An encroachment agreement for the circular driveway due to encroachment upon
Foumies Avenue right-of-way shall be signed between the City and Fairview prior to
issuance of a building permit.
Chairperson Kondrick asked the representatives for Fairview if they were in agreement as to the
stipulations.
Ray Piirainen,Fairview Fridley Clinic,replied,yes.
Commissioner Oquist asked if the outside materials on the two additions will be consistent with the
existing building so it will be transparent when it is done?
Jennifer Kaeding, BDHY Architects, yes, that is the intent. They are going to bring in some brick that
will mimic the existing brick. Also,there is a correction,the total per floor is 2,700 square feet.
Chairperson Sielaff asked whether the parking is still okay?
20
Planning Commission
August 21, 2013
Page 7 of 8
Ms. Stromberg replied,yes.
Chairperson Kondrick stated it seems pretty much cut and dry and will be a great project.
MOTION by Commissioner Dunham to close the public hearing. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:27
P.M.
Chairperson Kondrick stated it looks like both the petitioner and City staff have done their homework.
It will be a nice addition and will look nice.
Commissioner Oquist stated it is pretty straightforward.
MOTION by Commissioner Sielaff approving Master Plan Amendment, MP#13-01,by Fairview Health
Services, to allow a building addition and parking lot modifications, generally located at 6341 University
Avenue with the following stipulations:
1. The property shall be developed in accordance with the site plan, C2.0, dated July 29,
2013,by Alliant Engineering.
2. The petitioner shall obtain all necessary permits prior to construction.
3. The petitioner shall meet all Building code,Fire code, and ADA requirements.
4. The petitioner shall comply with the Fire Department comments dated August 12, 2013.
5. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
6. The petitioner shall receive Mississippi Wastershed Management Organization approvals
prior to issuance of a building permit.
7. City engineering staff to review and approve grading, drainage and utility plans prior to
issuance of building permits.
8. An encroachment agreement for the circular driveway due to encroachment upon
Fourmies Avenue right-of-way shall be signed between the City and Fairview prior to
issuance of a building permit.
Seconded by Commissioner Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Receive the minutes of the June 6, 2013, Housing and Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Solberg to receive the Minutes. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Receive the minutes of the June 3,2013,Parks and Recreation Commission Meeting.
21
Planning Commission
August 21, 2013
Page 8 of 8
MOTION by Commissioner Solberg to receive the Minutes. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive the minutes of the May 14, 2013, Environmental Quality and Energy Commission
Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Commissioner Oquist asked what is happening with the project down on 57th and University? It seems
like they stopped working.
Ms. Stromberg stated it has been f a slow process this summer. Staff just met with the property owner
earlier this week and it looks like things are going to start happening again. McDonald's has obtained
their building permit, and they have started prepping their site which will be a freestanding building on
57th Avenue.
Ms. Stromberg stated the next Planning Commission meeting will be September 18,2013.
ADJOURN
MOTION by Commissioner Solberg adjourning the meeting. Seconded by Commissioner Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:32 P.M.
Respectfully submitted,
Dew /2
Denise M. Johnson
Recording Secretary
22
r AGENDA ITEM
_ CITY COUNCIL MEETING OF SEPTEMBER 9, 2013
CITY OF
FRIDLEY
Date: September 3, 2013
To: Walter T. Wysopal, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution approving Special Use Permit Request, SP #13-08, Intertec, Inc. at 160 83rd
Avenue
REQUEST
The petitioner, Chris Batiste, Environmental Health and Safety(EHS) Coordinator with Incertec, the
company located at 160 83rd Avenue, is seeking a special use permit to allow limited outdoor storage of
a storage container in the rear yard of the property. .4 .� 141
t
City Code allows limited outdoor storage in the 4 4- '
industrial districts with a special use permit that is up ¢� , I -- , „
to 50%of the buildings footprint. The existing
buildings square footage is 32,100 square feet, so City ° ` ' '
code would allow up to 16,000 sq. ft. of outdoor , �' ;Ala " ' ? i 4��, . '
storage on this property. ,�, , v; gi lo# ,
kat;..:'#,:-11;,.:41,A.,„,,z a r, x x3e
The petitioner would like to continue to store an 8 ft. �r ' � 3
by 30 ft. storage container within the rear yard of the ntajr1a�'
property.The storage container is 240 sq. ft, which is 7y; t; ®sat o ��
well below the allowable outdoor storage area for 4,' a biz - 4 ,=r :Al
this property. According to the petitioner, "the ""°_ ,
container holds F006 hazardous waste that consists of . " ,,W .•° '... ` .:
,x�,�spa ,_�.� �, ��� .�.�;� � ��....�;� t� .
only solid material. The container has been lined to
prevent leakage and has been approved by Anoka County Community Health and Environmental
Services, for this use. The container is always locked and is emptied on a regular, weekly basis."
PLANNING COMMISSION RECOMMENDATION
At the August 21, 2013, Planning Commission meeting, a public hearing was held for SP#13.-08. After a
brief discussion,the Planning Commission recommended approval of Special Use Permit, SP#13-08,
with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
23
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
If the City Council approves the proposed special use permit, staff recommends the following
stipulations:
1. Outdoor storage area shall be limited to the square footage on the container requested as part
of this special use permit request.
2. The types of materials stored inside of the containers shall be reviewed by the Fire Marshal.
3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan approved
by City staff to re-work the interior space of the existing building or find other parking options.
24
City of Fridley Land Use Application
SP#13-08 August 21, 2013
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Incertec SUMMARY OF PROJECT
Chris Batiste The petitioner, Chris Batiste, EHS Coordinator with
160 83rd Avenue NE Incertec, the company located at 160 83rd Avenue,
Fridley MN 55432 is seeking a special use permit to allow limited
Requested Action: outdoor storage of a storage container in the rear
Special Use Permit to limited outdoor yard of the property.
storage SUMMARY OF ANALYSIS
Existing Zoning: City Staff recommends approval of this special use
M-2 (Heavy Industrial) permit, with stipulations.
Location: Limited outdoor storage is a permitted special use
160 83rd Avenue in the M-2, Heavy Industrial zoning district,
Size: provided specific code requirements are met,
88,862 sq. ft. 2.04 acres subject to stipulations.
Existing Land Use: CITY COUNCIL ACTION/60 DAY DATE
Industrial City Council—September 9, 2013
Surrounding Land Use &Zoning: 60 Day—September 16, 2013
N: Springbrook Apartments& R-3 "' -
E: Broadway Pizza & C-2
S: Bachman's & C-3
W: Industrial Uses & M-2 * :
Comprehensive Plan Conformance: k
Consistent with Plan � � �7 t 1 �
Zoning Ordinance Conformance: " � �s ' - �
Sec. 205.18.01.C.12 requires a special use ,�R°
permit to allow limited outdoor storage.
Zoning History:
1980—Lot is platted. .. .�L . .. _
1996—Office/Warehouse building Aerial of Property
constructed. Staff Report Prepared by: Stacy Stromberg
1997—Building addition.
Several interior building modifications have
been made since the building was
constructed.
Legal Description of Property:
Lot 3, Block 2, Caba Realty First Addition,
subject to easement of record.
Public Utilities:
Building is connected.
Transportation:
The property receives access from 81St
Avenue.
Physical Characteristics:
Building, hard surface parking areas, and
landscaping.
25
Land Use Application
Special Use Permit #13-08
REQUEST
The petitioner, Chris Batiste, Environmental Health and Safety (EHS) Coordinator with Incertec, the
company located at 160 83rd Avenue, is seeking a special use permit to allow limited outdoor storage of
a storage container in the rear yard of the property.
HISTORY AND ANALYSIS
The property is zoned M-2, Heavy Industrial as are the properties to the west. Broadway Pizza which is
zoned C-2, General Business is located to the east
and Bachman's and Sam's Club, which are zoned
C-3, General Shopping are located to the south.
Springbrook Apartments is located to the north of
the subject property and is zoned R-3, Multi ,
Family. The property is located on 83rd Avenue, :� ��
west of University Avenue and was developed in � � �
1996, with the construction of the existing office/
warehouse building. Over the years, several
interior modifications have been made to the
building. ---
This summer, the City's Community Developments
Department hired a Code Enforcement Intern to
do systematic inspections of our commercial and industrial properties. As a result, many of our
industrial businesses will be coming before the Planning Commission and City Council for special use
permits for outdoor storage. This special use permit request is one of those that came to staff's
attention during those systematic inspections.
City Code allows limited outdoor storage in the industrial districts with a special use permit that is up to
50%of the buildings footprint. The existing buildings square footage is 32,100 square feet, so City code
. �
would allow up to 16,000 sq. ft. of outdoor storage on
;;:4' this property.
The petitioner would like to continue to store an 8 ft. by
2 - 1" 30 ft. storage container within the rear yard of the
'11,41 I_ ?4 ta , property. The storage container is 240 sq. ft, which is
- ° well below the allowable outdoor storage area for this
property. According to the petitioner, the container
holds F006 hazardous waste that consists of only solid
material. The container has been lined to prevent
leakage and has been approved by Anoka County
Community Health and Environmental Services, for this
use. The container is always locked and is emptied on a regular, weekly basis."
26
Before the proposed special use permit can be issued, several additional requirements need to be met.
Those specific requirements relate to height, screening, parking, and the types of materials allowed to
be stored outside.
Based on the calculations provided to the City by the petitioner on how the interior space of the
building is used, City code would require 80 parking stalls for this site. There are 76 parking stalls on
site; however this property does have a cross parking and driveway agreement with the two industrial
properties to the west, which allows for additional parking needs if necessary. Staff hasn't noticed that
parking has been a problem on this site, but will stipulate that if it does become a problem, additional
, , ,-„.„ 7 1 ■�r,z , parking will need to be installed.
�.,` ' : 5 V. The storage container is located in the southwest
- � ` '' , corner of the site, and is barely visible from the public
r
`' ,,, right-of-way. Staff determined that screening of a
�, ��'''."77.1; � ,�c + �. �,�����, � storage container can be difficult and can become
� r 7 ;p � ' r. more of a maintenance issue than the actual container
,. ' t.' :,,,lam , p" if the screening isn't maintained. As a result, the
'A� ,.....1 container itself is considered sufficient screening from r 1, ,�� � the public right-of-way.
. it . _ 4° F The petitioner is meeting all of the other code
a i' requirements to allow a special use permit for limited
' � "` `' ` outdoor storage.
RECOMMENDATIONS
City Staff recommends approval of this special use permit, with stipulations.
Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided
specific code requirements are met, subject to stipulations.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be attached.
1. Outdoor storage area shall be limited to the square footage on the container requested as part
of this special use permit request.
2. The types of materials stored inside of the containers shall be reviewed by the Fire Marshal.
3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan approved
by City staff to re-work the interior space of the existing building or find other parking options.
27
RESOLUTION NO. 2013 -
A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 13-08
FOR INCERTEC ON BEHALF OF BRENNY ENTERPRISES LLC, THE PROPERTY
OWNER FOR THE PROPERTY LOCATED AT 160 83RD AVENUE NE
WHEREAS, Section 205.18.01.C.12 of the Fridley City Code allows limited outside storage in an
M-2 zoning district by a Special Use Permit if certain conditions can be met; and
WHEREAS, on August 21, 2013, the Fridley Planning Commission held a public hearing to
consider a request by Incertec for the property generally located at 160 83`d Avenue NE in Fridley,
legally described as Lot 3, Block 2, Caba Realty First Addition, subject to easement of record, for a
Special Use Permit, SP#13-08 for limited outside storage; and
WHEREAS, at the August 21, 2013 meeting,the Planning Commission unanimously recommended
approval of Special Use Permit, SP#13-08; and
WHEREAS, on September 9, 2013, the Fridley City Council approved the stipulations represented
in Exhibit A to this resolution as the conditions approved by the City Council on Special Use Permit
SP# 13-08; and
WHEREAS, the petitioner, Incertec, was presented with Exhibit A, the stipulations for SP# 13-08,
at the September 9, 2013 City Council meeting;
WHEREAS, City Code Section 205.05.5.G requires the City Council to revoke SP #13-08 after
conducting a public hearing, if upon conclusion of that public hearing,the City Council
determines that the property owner has failed to comply with the stipulations set forth in the
attached Exhibit A and all costs incurred by the City during the revocation process may be
assessed to the property.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special
Use Permit SP# 13-08 and stipulations represented in Exhibit A are hereby adopted by the City
Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH
DAY OF SEPTEMBER, 2013.
SCOTT LUND—MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
28
EXHIBIT A
SP# 13-08 Special Use Permit for Limited Outdoor Storage
Incertec- 160 83`d Avenue NE,Fridley,MN 55432
Stipulations
1. Outdoor storage area shall be limited to the square footage on the container requested as part of
this special use permit request.
2. The types of materials stored inside of the containers shall be reviewed by the Fire Marshal.
3. If a parking shortage occurs on the site,the petitioner shall develop an agreeable plan approved
by City staff to re-work the interior space of the existing building or find other parking options.
29
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 9, 2013
CITY OF
FRIDLEY
DATE: September 4, 2013
TO: Wally Wysopal, City Manager Zei/
FROM: Darin Nelson, Finance Director
Paul Bolin, Assistant Director of HRA
SUBJECT: Consider HRA Tax Levy for Taxes Payable in 2014
Since 1996, the HRA has utilized a tax levy to help support its housing rehabilitation
programs. The levy is equal to .0185% of the taxable market value of all real estate and
personal property. The tax levy will allow the Authority to collect approximately
$380,600 based on a city-wide estimated market value of$2,057,500,500. In terms of the
impact on taxpayers, the levy would cost $24.98 per year for a home valued at $135,000
and $185.00 per year for a commercial property valued at $1,000,000. The revenues
raised by the levy are directed towards ongoing and future redevelopment priorities.
This year's Legislature amended the language on how the HRA levy is calculated. As
you may remember, the Homestead Market Value Credit(HMVC)was replaced with the
Homestead Market Value Exclusion (HMVE) a couple years ago. The HMVE reduced
the taxable market value of residential properties on a graduated scale. The law
stipulated that the HRA levy needed to be calculated using the lower taxable market
value versus the estimated market value. This essentially reduced the levy capacity of the
HRA by approximately 10 percent. This year's Legislature amended the State Statute to
again calculate the levy limit based off of the estimated market value as had been the
practice prior to the implementation of the HMVE.
The Housing and Redevelopment Authority approved the levy at their September 5, 2013
meeting. State Statutes also require the consent of the City Council,prior to the tax levy
becoming effective. As a final note, the HRA tax levy must be certified to the County
Auditor by September 13, 2013.
Recommendation
Staff recommends that the City Council consent to the attached resolution approved by
the Housing and Redevelopment Authority.
.l:\Planning\Council Items By Meeting\2013 Council items\September 9,2013\2014 CC Memo(HRA Tax Levy).docx
30
RESOLUTION NO. 2013-_
A RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF FRIDLEY,MINNESOTA ADOPTING A
2013 TAX LEVY COLLECTIBLE IN 2014.
BE IT RESOLVED by the City Council (the "Council) of the City of Fridley, Minnesota (the
"City"), as follows:
Section 1. Recitals.
1.01. The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota(the
"Authority") at its regular meeting on September 5, 2013, adopted the attached HRA
Resolution No. 2013 - 17: A Resolution Adopting A 2013 Tax Levy Collectible in 2014.
1.02. The Council must consent to any Authority levy prior to its becoming effective as
required by Minnesota Statutes Section 469.033.
Section 2. Consent.
2.01. The Council hereby consents to the HRA Resolution and to the levy described therein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA THIS 9th DAY OF SEPTEMBER, 2013.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
31
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF FRIDLEY
COUNTY OF ANOKA
STATE OF MINNESOTA
HRA RESOLUTION NO.2013- 17
RESOLUTION ADOPTING A 2013 TAX LEVY COLLECTIBLE IN 2014
BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and
Redevelopment Authority in and for the City of Fridley,Minnesota(the"Authority"), as follows:
Section 1. Recitals.
1.01. The Authority is authorized by Minnesota Statutes Section 469.033 to adopt a levy on all taxable
property within its area of operation,which is the City of Fridley,Minnesota(the "City").
1.02. The Authority is authorized to use the amounts collected by the levy for the purposes of Minnesota
Statutes Sections 469.001 to 469.047 (the "General Levy").
Section 2. Findings.
2.01. The Authority hereby finds that it is necessary and in the best interests of the City and the Authority
to adopt the General Levy to provide funds necessary to accomplish the goals of the Authority.
Section 3. Adoption of General Levy.
3.01. The following sums of money are hereby levied for the current year, collectible in 2014, upon the
taxable property of the City for the purposes of the General Levy described in Section 1.02 above:
Total General Levy: .0185%of Taxable Market Value
Amount: Maximum Allowed by Law
Section 4. Report to City and Filing of Levies.
4.01. The Executive Director of the Authority is hereby instructed to transmit a certified copy of this
Resolution to the City Council for its consent to the General Levy.
4.02. After the City Council has consented by resolution to the General Levy,the Executive Director of the
Authority is hereby instructed to transmit a certified copy of this Resolution to the County Auditor of
Anoka County,Minnesota.
PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR
THE CITY OF FRIDLEY,MINNESOTA THIS 5th DAY OF SEPTEMBER,2013.
LAWRENCE R. COMMERS -CHAIRPERSON
ATTEST:
WALTER T.WYSOPAL-HRA DIRECTOR
32
AGENDA ITEM
CITY COUNCIL MEETING OF
F OF SEPTEMBER 9, 2013
TO: WALLY WYSOPAL, CITY MANAGER'
FROM: DARIN R. NELSON, FINANCE DIRECTOR
GREG TIREVOLD, SPECIAL ASSESSMENTS
SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT
ROLL FOR THE STREET IMPROVEMENT PROJECT NO. ST 2013-01
DATE: September 5, 2013
Attached you will find the resolution directing preparation of the assessment roll for the Street
Improvement Project No. ST 2013-01. This project included 344 properties.
The assessment will be for 10 years at a rate of 5.25%.
DRN/gt
Attachment
33
RESOLUTION NO. 2013-_
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR THE
STREET IMPROVEMENT PROJECT NO. ST 2013-01
WHEREAS, the costs for the Street Improvement Project No. ST 2013-01 have been estimated to
be $970,000.00 for the contract price for such improvement and $48,500.00 for expenses incurred
in the making of such improvement so that the total estimated cost of the improvement is
$1,018,500.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
The portion of the cost of such improvement to be paid by the City is hereby estimated to be
$278,500.00, and the portion of the cost to be assessed against benefited property owners is
estimated to be $740,000.00.
Assessments shall be payable in installments extending over a period of 10 years, the first of the
installments to be payable on or before the first Monday in January, 2014 and shall bear interest
at the rate of 5.25 percent per annum from the date of the adoption of the assessment resolution.
The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by
law, and he shall file a copy of such proposed assessment in his office for public inspection.
The Finance Director shall upon the completion of such proposed assessment, notify the Council
thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9th
DAY OF SEPTEMBER, 2013.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
34
AGENDA ITEM
CITY COUNCIL MEETING OF
OF SEPTEMBER 9, 2013
FMY
TO: WALLY WYSOPAL, CITY MANAGE
FROM: DARIN R. NELSON, FINANCE DIRECTOR
GREG TIREVOLD, SPECIAL ASSESSMENTS
SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC
HEARING NOTICE FOR THE STREET IMPROVEMENT PROJECT
NO. ST 2013-01
DATE: September 5,2013
Attached you will find the resolution directing publication of the public hearing on the
assessment roll for the Street Improvement Project No. ST 2013-01. This project included 344
properties, These properties will be assessed an estimated total of$740,000.00.
The Public Hearing Notice will be published in the Focus newspaper on September 26, 2013 as
required by State Statute.
DRN/gt
Attachment
35
RESOLUTION NO. 2013-
RESOLUTION DIRECTING PUBLICATION OF THE HEARING ON THE
PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT
PROJECT NO. ST 2013-01
WHEREAS, by resolution passed by the Council on September 9, 2013,the Finance Director
was directed to prepare a proposed assessment of the Street Improvement Project No. ST 2013-
01,
AND WHEREAS, the Finance Director has notified the council that such proposed assessment
has been completed and filed by his office for public inspection,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
A hearing shall be held on the 14th day of October, 2013 in the City Hall at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property affected
by such improvement will be given an opportunity to be heard with reference to such assessment.
The Finance Director is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to the hearing
and he shall state in the notice the total cost of the improvement. He shall also cause mailed
notice to be given to the owner of each parcel described in the assessment roll not less than two
weeks prior to the hearings.
The owner of any property so assessed may, at any time prior to certification of the assessment to
the county, pay the whole of the assessment on such property, with interest accrued to the date of
payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is
paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to
the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9th
DAY OF SEPTEMBER, 2013.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
36
AGENDA ITEM
COUNCIL MEETING OF SEPTEMBER 9, 2013
Fo°� CLAIMS
CLAIMS
160873 - 161024
37
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 1
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
08/29/2013 160873 APACHE GROUP OF MINNESOTA, INC 1047 917.68
101-0660-415.42-22 08/28/2013 PAPER PRODUCTS 166797 08/2013 550.61
101-0669-435.42-22 08/28/2013 PAPER PRODUCTS 166797 08/2013 100.95
101-0440-425.42-22 08/28/2013 PAPER PRODUCTS 166797 08/2013 137.65
101-0550-425.42-22 08/28/2013 PAPER PRODUCTS 166797 08/2013 91.77
270-0771-455.42-22 08/28/2013 PAPER PRODUCTS 166797 08/2013 18.35
601-7000-415.42-22 08/28/2013 PAPER PRODUCTS 166797 08/2013 18.35
08/29/2013 160874 ANOKA IND GRAIN & FEED DEALERS 1077 14.97
270-0771-455.42-21 08/16/2013 ANIMAL BEDDING 08/2013 14. 97
08/29/2013 160875 AMERICAN EXPRESS 1106 3,235.17
101-0221-415.43-40 08/21/2013 EMPLOYMENT CREDIT CHECKS 08/2013 43.90
101-0550-425.42-25 08/21/2013 HOPPER MOTOR GUARD 08/2013 150.00
101-0550-425.42-25 08/21/2013 MN USE TAX EXPENSE 150.00 08/2013 10.31
101-0000-203 .01-00 08/21/2013 MN USE TAX PAYABLE 150.00 08/2013 10.31-
101-0770-455.42-21 08/21/2013 ADMISSIONS-PUMP IT UP 08/2013 258 .66
101-0770-455.42-21 08/21/2013 EVENT SUPPLIES 08/2013 37. 09
101-0770-455.42-21 08/21/2013 MN USE TAX EXPENSE 37.09 08/2013 2 .55.
101-0000-203 .01-00 08/21/2013 MN USE TAX PAYABLE 37.09 08/2013 2 .55-
101-0770-455.42-21 08/21/2013 NICKEL JAMBOREE PRIZES 08/2013 742.88
101-0770-455.42-21 08/21/2013 ADMISSIONS-TWINS GAME 08/2013 465.00
, 01-O770-455.42-21 08/21/2013 GIFT CARDS PLAYOFF AWARDS 08/2013 135.00
00 01-0440-425.43-37 08/21/2013 IACP COMFERENCE-ABBOTT 08/2013 275.00
101-0770-455.42-21 08/21/2013 ROCKS SUPPLIES 08/2013 51.17
101-0770-455.42-21 08/21/2013 MN USE TAX EXPENSE 57.17 08/2013 3 .93
101-0000-203. 01-00 08/21/2013 MN USE TAX PAYABLE 57.17 08/2013 3.93-
601-7000-415.43-37 08/21/2013 AWWA CONF HOTEL FEES 08/2013 454 .72
101-0770-455.43-37 08/21/2013 NRPA CONF FEES 08/2013 449.00
101-0770-455.42-21 08/21/2013 ADMISSIONS-THREE RIVERS 08/2013 120. 15
101-0770-455.42-21 08/21/2013 END OF YR MTG PIZZA 08/2013 52.60
08/29/2013 160876 AT & T MOBILITY 1116 3,889.50
101-0333-415.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 124 . 05
101-0220-415.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 30.90
101-0440-425.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 1, 505.35
101-0441-425.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 88.81
101-0550-425.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 313 .30
101-0551-425.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 39.60
101-0661-435.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 341.28
101-0669-435.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 112.40
101-0880-465.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 108.88
101-0881-465.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 34.99
101-0770-455.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 76.56
601-7000-415.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 173 .58
602-7000-415.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 197.87
101-0668-435.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 348. 92
227-0000-415.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 58 .89
101-0666-435.43-32 08/17/2013 CELL PHONE SERVICE 541144X08252013 08/2013 299.13
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 2
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK
CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
101-0661-435.43-32 08/17/2013 GIS WIRELESS SERVICE 541144X08252013 08/2013 34.99
08/29/2013 160877 ALEXANDER/RYAN MARINE & SAFETY 1307 112.25
101-0550-425.43-40 08/15/2013 INSPECT ICE COMMANDER 75669 08/2013 112.25
08/29/2013 160878 CENTRAL TURF & IRRIGATION SUPP 3131 452.52
101-0666-435.42-22 08/20/2013 IRRIGATION SUPPLIES 603361500 08/2013 452 .52
08/29/2013 160879 CORPORATE MARK, INC 3132 235.46
101-0550-425.42-21 08/12/2013 FIRE TOY HATS 232550 08/2013 235.46
08/29/2013 160880 CONSOLIDATED CONTAINER COMPANY 3140 162.59
240-0000-425.42-25 08/16/2013 EVIDENCE BARRELS INV00071684 08/2013 162.59
08/29/2013 160881 COMMUNITY HEALTH CHARITIES 3227 10.00
101-0000-219.08-00 08/30/2013 PAYROLL SUMMARY 20130830 08/2013 10.00
08/29/2013 160882 CENTURY LINK 3295 152.46
101-0440-425.43-32 08/26/2013 PHONE SERVICE E830233 08/2013 113.99
270-0771-455.43-32 08/26/2013 PHONE SERVICE 7848676 08/2013 38.47
08/29/2013 160883 CENTURY LINK 3296 57.09
101-0220-415.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 .44
(.4' 01-0221-415.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 14.07
■p 01-0331-415.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 7.74
101-0332-415.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 1. 97
101-0333-415.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 .06
101-0334-415.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 .23
101-0440-425.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 19.27
101-0550-425.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 3.27
101-0669-435.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 2.15
101-0880-465.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 1.42
101-0881-465.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 2.56
101-0770-455.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 3.67
270-0771-455.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 .12
227-0000-415.43-32 08/26/2013 LONG DIST PHONE SERVICE 1269609550 08/2013 .12
08/29/2013 160884 DEBORAH DAHL 4113 356.43
101-0221-415.43-33 08/16/2013 REIMS MILEAGE 08/2013 149.16
101-0221-415.43-37 08/16/2013 REIMB CONF EXPENSE 08/2013 207.27
08/29/2013 160885 ENVIRONMENTAL EQUIP & SERVICE 5007 1, 816.88
101-0000-144.00-00 08/16/2013 TEST ASI SYS,RELAY,BOARD 10657 08/2013 1,816.88
08/29/2013 160886 CITY OF FRIDLEY 6023 57.57
101-0669-435.42-22 08/27/2013 WATER-PW EMPLOYEES 08/2013 14.94
101-0770-455.42-21 08/27/2013 SR GOLF SUPPLIES 08/2013 11.77
101-0881-465.43-32 08/27/2013 STAMPS PETTY CASH 08/2013 18.40
270-0771-455.42-21 08/27/2013 CAMP SUPPLIES PETTY CASH 08/2013 12.46
08/29/2013 160887 FRIDLEY POLICE ASSOCIATION 6117 82.00
101-0000-219.22-00 08/30/2013 PAYROLL SUMMARY 20130830 08/2013 82.00
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 3
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
08/29/2013 160888 GRAINGER 7041 295.30
603-7000-415.42-22 08/20/2013 SUMP PUMP LIFT STA 9222608151 08/2013 295.30
08/29/2013 160889 HOME DEPOT/GECF 8052 984.21
101-0666-435.42-22 08/20/2013 PAINT,PRK MAINT SUPPLIES 08/2013 176.66
101-0668-435.42-22 08/20/2013 MARKING PAINT 08/2013 44.34
101-0668-435.42-25 08/20/2013 SHOVEL, TAPE MEASURE 08/2013 103.15
101-0666-435.42-22 08/20/2013 BOARDWALK REPAIR MATERIAL 08/2013 88.86
101-0669-435.42-22 08/20/2013 VELCRO,SHOP SUPPPLIES 08/2013 31.04
101-0000-144.00-00 08/20/2013 CARPET COVERING 08/2013 25.19
101-0770-455.42-22 08/20/2013 KEYS,PADLOCKS 08/2013 52. 91
270-0771-455.42-21 08/20/2013 CAMP SUPPLIES 08/2013 97.88
270-0771-455.42-22 08/20/2013 CLEANING SUPPLIES 08/2013 62 .57
603-7000-415.42-22 08/20/2013 MORTER,ELECTRIC PUMP 08/2013 209.59
101-0550-425.42-22 08/20/2013 ELECTRICAL CORDS,ENDS 08/2013 92.02
08/29/2013 160890 INSTY-PRINTS 9027 204.96
101-0770-455.43-35 08/08/2013 SHELTER PERMITS 98234 08/2013 204.96
08/29/2013 160891 INDELCO PLASTICS CORPORATION 9030 57.12
601-7000-415.42-22 08/20/2013 PVC CONNECTOR 792713 08/2013 57.12
0/29/2013 160892 INFRATECH INC 9051 6, 922.55
= 03-7000-415.43-40 08/01/2013 BASIN RESTORATION SERV PR13559 08/2013 5, 020. 00
603-7000-415.43-40 08/02/2013 GROUT MANHOLE STRUCTURES PR13593 08/2013 1,902 .55
08/29/2013 160893 INTL ASSOC OF FIRE FIGHTERS - 9074 90.00
101-0000-219.15-00 08/30/2013 PAYROLL SUMMARY 20130830 08/2013 90.00
08/29/2013 160894 DIANE JENSEN 10100 63.67
270-0771-455.42-21 08/23/2013 PROP MATERIAL 08/2013 21.98
270-0771-455.42-21 08/23/2013 MN USE TAX EXPENSE 21.98 08/2013 1.51
270-0000-203 .01-00 08/23/2013 MN USE TAX PAYABLE 21.98 08/2013 1.51-
270-0771-455.42-21 08/23/2013 PROP MATERIAL 08/2013 41.69
08/29/2013 160895 LAWRENCE SIGN 12012 4,193 .63
609-0000-170.00-00 08/16/2013 SIGN STORE #1 177366 08/2013 4,193.63
08/29/2013 160896 LAW ENFORCEMENT LABOR SERVICES 12022 1, 530.00
101-0000-219.13-00 08/30/2013 PAYROLL SUMMARY 20130830 08/2013 1,530.00
08/29/2013 160897 LOFFLER COMPANIES, INC 12143 30, 007.30
410-0000-415.45-60 08/20/2013 PRINTER/COPIER 1615892 08/2013 14,522 .18
410-0440-425.45-60 08/20/2013 PRINTER/COPIER 1615893 08/2013 12,596.29
410-0000-415.42-21 08/20/2013 SOFTWARE 1615894 08/2013 2,888. 83
08/29/2013 160898 MINN DEPT OF FINANCE 13073 1,376.31
240-0000-425.43-50 08/26/2013 SEIZED FORFEITURE SHARE 08/2013 1, 376.31
08/29/2013 160899 MAD SCIENCE OF MINNESOTA 13110 480.00
101-0770-455.43-40 08/19/2013 ROCKETRY CAMP 10328 08/2013 480. 00
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 4
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
08/29/2013 160900 METRO FIRE 13128 2, 977 22
101-0550-425.43-40 08/06/2013 SCBA FLOW TEST 47936 08/2013 2,212.31
101-0550-425.42-25 08/19/2013 ICE RESCUE SUIT 48020 08/2013 764.91
08/29/2013 160901 MILLS FLEET FARM 13187 37.86
101-0669-435.42-22 08/13/2013 SAW BLADES 00015134 08/2013 37.86
08/29/2013 160902 MINNESOTA BENEFIT ASSOC - M.B. 13220 55.68
101-0000-219.09-00 08/30/2013 PAYROLL SUMMARY 20130830 08/2013 55.68
08/29/2013 160903 MENARDS - FRIDLEY 13256 41.73
601-7000-415.42-22 08/21/2013 PLIERS,SEAT COVER 40804 08/2013 41.73
08/29/2013 160904 TODD MILLER 13272 144.84
270-0771-455.43-33 08/26/2013 REIMS MILEAGE 08/2013 144.84
08/29/2013 160905 MINNESOTA METRO NORTH TOURISM 13416 4,634.00
806-0000-204 .00-00 08/19/2013 JULY HOTEL/MOTEL TAX 08/2013 4,634.00
08/29/2013 160906 ALI MOREY 13438 360.00
101-0770-455.43-40 08/20/2013 ROCKS KARATE CLASSES 08/2013 360.00
04/29/2013 160907 NORTHWEST ASPHALT, INC 14077 266,184.47
1.... 73-0000-435.45-30 07/31/2013 STREET REHAP PROJ EST#2 08/2013 266,184.47
08/29/2013 160908 478000-NCPERS MINNESOTA 14107 720.00
101-0000-219.27-00 08/30/2013 PAYROLL SUMMARY 20130830 08/2013 720.00
08/29/2013 160909 NELSON CHEESE & DELI 14119 84.58
101-0220-415.43-37 08/12/2013 STAFF/COUNCIL SWOT MTG 104145 08/2013 84.58
08/29/2013 160910 NETWORK MEDICS, INC 14157 402.41
101-0440-425.43-30 08/01/2013 SQUADS TASKFIRE MAINT 3583 08/2013 402.41
08/29/2013 160911 NORTHWAY SPORTS 14183 113.75
101-0440-425.42-12 08/14/2013 ATV OIL/FILTERS 24908 08/2013 113 .75
08/29/2013 160912 OPEN YOUR HEART 15011 30. 00
101-0000-219.08-00 08/30/2013 PAYROLL SUMMARY 20130830 08/2013 30.00
08/29/2013 160913 RON KASSA CONSTRUCTION, INC 18084 3,278 92
101-0668-435.43-40 08/01/2013 MISC CONCRETE PROJ EST#3 08/2013 2,416.75
602-7000-415.43-40 08/01/2013 MISC CONCRETE PROJ EST#3 08/2013 134 .75
501-0000-415.43-40 08/01/2013 MISC CONCRETE PROJ EST#3 08/2013 900.00
101-0668-435.43-40 08/01/2013 MISC CONCRETE RETAINAGE EST#3 08/2013 172.58-
08/29/2013 160914 SAM'S CLUB 19004 988.13
101-0770-455.42-21 08/08/2013 NICKEL JAMBOREE SUPPLIES 08/2013 330.11
101-0770-455.42-21 08/08/2013 SR PROG SUPPLIES 08/2013 52.66
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 5
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK
CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
227-0000-415.43-40 08/08/2013 CHORES/MORE SUPPLIES 08/2013 137.25
101-0770-455.42-21 08/08/2013 SUPPLIES 08/2013 4.79
101-0770-455.42-21 08/08/2013 ROCKS SUPPLIES 08/2013 81.52
270-0771-455.42-21 08/08/2013 CAMP SUPPLIES 08/2013 93.97
101-0550-425.42-22 08/08/2013 STA CLEANING PRODUCTS 08/2013 242.83
101-0550-425.43-31 08/08/2013 MEMBERSHIPS 08/2013 45.00
08/29/2013 160915 TARGET 20004 335.19
270-0771-455.42-21 08/18/2013 CAMP SUPPLIES 28950180 08/2013 94 .54
270-0771-455.42-21 08/18/2013 SUPPLIES 28950180 08/2013 33.16
101-0770-455.42-21 08/18/2013 ROCKS SUPPLIES 28950180 08/2013 116.16
101-0220-415.42-21 08/18/2013 COFFEE SUPPLIES 28950180 08/2013 26.41
101-0770-455.42-21 08/18/2013 NICKEL JAMBOREE SUPPLIES 28950180 08/2013 64.92
08/29/2013 160916 TERRY OVERACKER PLUMBING 20029 244. 00
101-0880-465.43-40 08/16/2013 INSPECTIONS 3812,13, 15 08/2013 216.00
101-0000-322.30-41 08/22/2013 REFUND PLUMBING PERMIT 201301761 08/2013 28.00
08/29/2013 160917 ZCOFTL FRIDLEY,LLC 20130 24, 181.50
609-9100-415.43-38 08/27/2013 UTILITIES 08/2013 15, 572.03
609-9100-415.43-41 08/27/2013 SEPT LEASE PMT 0001A00000367 08/2013 11,118.06
609-9100-415.43-41 08/27/2013 CAM SETTLEMENT REFUND 0001A00000367 08/2013 2,508.59-
0/29/2013 160918 TECH SALES CO 20169 85.50
w02-7000-415.42-22 08/12/2013 SPRING RING FLOW METER 317992 08/2013 85.50
08/29/2013 160919 UNITED WAY 21035 25.00
101-0000-219.08-00 08/30/2013 PAYROLL SUMMARY 20130830 08/2013 25.00
08/29/2013 160920 UNITED STATES POLICE CANINE AS 21058 150.00
101-0440-425.43-37 08/23/2013 K-9 TRAINING 08/2013 150.00
08/29/2013 160921 XCEL ENERGY 24002 25, 133 .05
603-7000-415.43-38 08/20/2013 UTILITIES 380460701 08/2013 179.47
101-0665-435.43-38 08/20/2013 UTILITIES 380489410 08/2013 18, 678.68
101-0666-435.43-38 08/20/2013 UTILITIES 380475882 08/2013 3,357.09
602-7000-415.43-38 08/20/2013 UTILITIES 380471038 08/2013 1, 828.13
101-0550-425.43-38 08/20/2013 UTILITIES 380456103 08/2013 262.87
101-0669-435.43-38 08/20/2013 UTILITIES 380292753 08/2013 19.30
270-0771-455.43-38 08/20/2013 UTILITIES 380291914 08/2013 747.55
101-0441-425.43-38 08/20/2013 UTILITIES 380300093 08/2013 59.96
08/29/2013 160922 ST PHILIPS CHURCH 99998 200.00
101-0000-240.00-00 08/26/2013 TEMP SIGN PERMIT DEPOSIT DEPOSIT REFUND 08/2013 200.00
08/29/2013 160923 JORA HOLDING, LLC 2013284 100.00
101-0000-321.30-21 08/20/2013 REFUND RENTAL LICENSE 08/2013 100.00
08/29/2013 160924 NORTH END ELECTRICAL SERVICES 2013515 150.00
101-0000-322.20-41 08/22/2013 REFUND ELECT PERMIT 08/2013 150.00
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 6
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
09/05/2013 160925 ARCTIC GLACIER INC 1008 1,076.02
609-0000-183.00-00 08/31/2013 AUG-MISC 09/2013 742.26
609-0000-158.00-00 08/31/2013 AUG-MISC 09/2013 333.76
09/05/2013 160926 ANOKA COUNTY TREASURER 1048
270.78
101-0440-425.42-12 08/29/2013 FUEL FOR TASK FORCE 230269 09/2013 270.78
09/05/2013 160927 AMERICAN BOTTLING COMPANY 1155 350.08
609-0000-183.00-00 08/31/2013 AUG-MISC 09/2013 248 .08
609-0000-158.00-00 08/31/2013 AUG-MISC 09/2013 102.00
09/05/2013 160928 AUTOMATIC SYSTEMS CO INC 1158 9,348.36
601-7000-415.43-40 07/24/2013 REPAIR CABLES WELL#5/2 26370S,26292 09/2013 9,348.36
09/05/2013 160929 ALLEN'S PERFECT PAINTING 1252 175.00
101-0660-415.43-40 08/24/2013 REPAIR WALL,PAINT 09/2013 175.00
09/05/2013 160930 ADAM'S PEST CONTROL, INC 1301 50.42
101-0660-415.43-40 08/21/2013 PEST CONTROL 824393 09/2013 50.42
09/05/2013 160931 ARTISAN BEER COMPANY 1303 1,322.00
609-0000-182.00-00 08/31/2013 AUG-BEER 09/2013 1, 060.00
A 09-0000-157.00-00 08/31/2013 AUG-BEER 09/2013 262.00
W
09/05/2013 160932 BEISSWENGER'S HARDWARE 2019 104 .15
601-7000-415.42-22 09/01/2013 BUSHING 09/2013 2 .02
101-0666-435.42-22 09/01/2013 GAS CAP,WEED WHIP PARTS 09/2013 102 .13
09/05/2013 160933 BOB'S PRODUCE RANCH 2031 745.18
101-0440-425.42-21 08/06/2013 NIGHT TO UNITE ICE CREAM 33794 09/2013 655.18
101-0770-455.42-21 08/28/2013 PRIZES SR GOLF TOURNY 09/2013 90.00
09/05/2013 160934 BELLBOY CORPORATION 2051 6, 735.75
609-0000-180.00-00 08/31/2013 AUG-LIQUOR 09/2013 6, 076.32
609-0000-181.00-00 08/31/2013 AUG-WINE 09/2013 320.00
609-0000-183.00-00 08/31/2013 AUG-MISC 09/2013 82.68
609-9100-415.43-51 08/31/2013 AUG-FREIGHT 09/2013 85.05
609-9100-415.42-21 08/31/2013 AUG-BAGS 09/2013 171.70
09/05/2013 160935 BERRY COFFEE COMPANY 2110 78. 95
101-0770-455.42-21 08/22/2013 SR PROG COFFEE 1114048 09/2013 78.95
09/05/2013 160936 BOUND TREE MEDICAL, LLC 2131 128.14
101-0440-425.42-21 08/22/2013 GLOVES 81181205 09/2013 128.14
09/05/2013 160937 RON BLOCH 2152 25.00
101-0770-455.43-40 08/27/2013 CHORES/MORE 09/2013 25.00
09/05/2013 160938 BETWEEN THE LINES OFFICIALS AS 2201 2,411.50
101-0770-455.43-40 09/05/2013 REC OFFICIALS 05019 09/2013 2,411.50
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 7
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
09/05/2013 160939 COCA COLA BOTTLING 3030 661.44
609-0000-183.00-00 08/31/2013 AUG-MISC 09/2013 455.40
609-0000-158.00-00 08/31/2013 AUG-MISC 09/2013 206.04
09/05/2013 160940 CAPITOL BEVERAGE SALES 3097 36, 798.82
609-0000-182.00-00 08/31/2013 AUG-BEER 09/2013 22,280.00
609-0000-183 .00-00 08/31/2013 AUG-MISC 09/2013 9.50
609-0000-157.00-00 08/31/2013 AUG-BEER 09/2013 14,500.00
609-0000-158.00-00 08/31/2013 AUG-MISC 09/2013 9.32
09/05/2013 160941 ROBERT CLAUSON 3153 3,807.60
101-0880-465.43-40 08/02/2013 INSPECTIONS 09/2013 3,807.60
09/05/2013 160942 COMCAST CABLE 3157 339.70
225-0000-415.43-40 08/23/2013 CABLE FEES 772106210044545 09/2013 339.70
09/05/2013 160943 COON RAPIDS CHRYSLER-JEEP 3158 608.69
101-0440-425.43-40 08/23/2013 AIR BAG SYS REALIGNMENT CHCS429939 09/2013 608.69
09/05/2013 160944 C.D.W. GOVERNMENT, INC 3163 842.10
705-0000-415.42-21 08/24/2013 TERASTATION NAS SERVER 09/2013 842.10
0/05/2013 160945 C.M.I, INC 3194 123.45
.p, 01-0440-425.42-21 08/22/2013 COMP GAS-INTOXILYZER 791349 09/2013 123 .45
09/05/2013 160946 CENTURY LINK 3295 412.09
601-7000-415.43-32 08/22/2013 PHONE SERV 5711683 09/2013 18.95
602-7000-415.43-32 08/22/2013 PHONE SERV 5711683 09/2013 18.95
609-9200-415.43-32 08/22/2013 PHONE SERV 5718365 09/2013 120.30
609-9100-415.43-32 08/22/2013 PHONE SERV 5710683 09/2013 212.28
270-0771-455.43-32 08/25/2013 PHONE SERV 7833923 09/2013 41.61
09/05/2013 160947 COON CREEK WATERSHED DISTRICT 3312 3,500.00
603-7500-415.43-30 09/03/2013 PERFORMANCE ESCROW 09/2013 3,500.00
09/05/2013 160948 DAVE PERKINS CONTRACTING, INC 4019 3, 045.00
602-7000-415.43-40 07/31/2013 SEWER REPAIRS 25293 09/2013 3, 045.00
09/05/2013 160949 DAYSPRING WINDOW CLEANING 4137 82.30
609-9200-415.43-40 08/21/2013 WINDOW CLEANING 810071713 09/2013 82.30
09/05/2013 160950 MEGAN DOHERTY 4152 9.00
227-0000-415.43-40 08/17/2013 CHORES/MORE 09/2013 9.00
09/05/2013 160951 EMERGENCY AUTOMOTIVE TECHNOLOG 5073 2,661.94
240-0000-425.42-25 08/29/2013 KEYBOARD MOUNT CS08291311 09/2013 467.58
101-0000-144 .00-00 08/05/2013 STROBE BEACONS CS0813138, 81313 09/2013 2, 194 .36
09/05/2013 160952 EXTREME BEVERAGE 5088 198.27
609-0000-183.00-00 08/31/2013 AUG-MISC 09/2013 198 .27
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 8
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK
CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
09/05/2013 160953 TERESA FARIS 6142 15.00
227-0000-415.43-40 08/22/2013 CHORES/MORE 09/2013 15.00
09/05/2013 160954 JILL FITE 6145 45.00
101-0770-455.43-40 08/28/2013 CHORES/MORE 09/2013 45.00
09/05/2013 160955 FLEET PRIDE 6151 1,794.77
101-0000-144.00-00 08/28/2013 BRAKE PARTS 56082263,2162 09/2013 1,411.43
101-0000-144.00-00 08/15/2013 HYD HOSE 55862227 09/2013 383 .34
09/05/2013 160956 GOODIN COMPANY 7022 284.56
603-7000-415.42-22 08/22/2013 VALVE 0153023600 09/2013 284.56
09/05/2013 160957 G.P.R.S MN 7023 60.00
101-0331-415.43-37 09/04/2013 REGISTRATIONS 09/2013 60. 00
09/05/2013 160958 GRAPE BEGINNINGS INC 7109 818.00
609-0000-181.00-00 08/05/2013 AUG-WINE 09/2013 804.00
609-9100-415.43-51 08/05/2013 AUG-FREIGHT 09/2013 14.00
09/05/2013 160959 GENESIS EMPLOYEE BENEFITS 7162 29.56
704-0000-415.43-30 03/31/2013 ADMIN FEE 18486 09/2013 29.56
Dui 05/2013 160960 HOHENSTEINS INC 8068 6,064.43
609-0000-182.00-00 08/31/2013 AUG-BEER 09/2013 4,524.93
609-0000-157.00-00 08/31/2013 AUG-BEER 09/2013 1, 539.50
09/05/2013 160961 HAWKINS INC 8093 881.33
601-7000-415.42-22 08/22/2013 WATER CHEMICALS 3505977 09/2013 881.33
09/05/2013 160962 WENDY HIATT 8164 40.83
101-0669-435.43-33 08/30/2013 REIMS MILEAGE 09/2013 40.83
09/05/2013 160963 INDEPENDENT SCHOOL DIST #14 9006 7,634.76
101-0770-455.43-32 08/28/2013 PHONES 09/2013 23.00
101-0770-455.43-32 08/28/2013 PHONES 09/2013 46.00
101-0770-455.43-32 08/28/2013 ELEVATOR PHONE 09/2013 13.60
101-0770-455.43-40 08/28/2013 SEC ALARM 09/2013 42.12
101-0770-455.43-50 08/28/2013 BUILDING USAGE 09/2013 7,510.04
09/05/2013 160964 INSTY-PRINTS 9027 352.73
101-0770-455.43-35 08/28/2013 ACTIVITY PACKETS 98346 09/2013 352.73
09/05/2013 160965 J.J. TAYLOR DIST. OF MINN, INC 10063 79,040.24
609-0000-182 .00-00 08/31/2013 AUG-BEER 09/2013 56, 500.00
609-0000-183.00-00 08/31/2013 AUG-MISC 09/2013 29.90
609-0000-157.00-00 08/31/2013 AUG-BEER 09/2013 22,500.00
609-0000-158.00-00 08/31/2013 AUG-MISC 09/2013 10.34
09/05/2013 160966 LOFFLER COMPANIES, INC 12143 342.00
101-0333-415.42-21 08/27/2013 STAPLE CARTRIDGES 1617091 09/2013 342.00
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 9
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
09/05/2013 160967 MICHAEL MONSRUD 13014 24.59
101-0440-425.42-21 09/03/2013 BATTERY REIMS 09/2013 24.59
09/05/2013 160968 MATRIX COMMUNICATIONS INC 13028 2,416.45
705-0000-415.45-60 07/05/2013 MONITORING/SUPPORT 71860 09/2013 2, 079.79
101-0334-415.43-40 07/26/2013 PHONE LINE CHANGES 71809 09/2013 336.66
09/05/2013 160969 MINNEAPOLIS FINANCE DEPT 13033 4, 076.10
101-0440-425.43-40 08/08/2013 APS TRANS FEES 400413004134 09/2013 4,076.10
09/05/2013 160970 METROPOLITAN COUNCIL 13078 21, 695.85
602-0000-209.00-00 08/31/2013 AUG SAC CHARGES 09/2013 21,695.85
09/05/2013 160971 MINN DEPT OF TRANSPORTATION 13117 483.28
573-0000-435.43-40 08/21/2013 TESTING INSPECTIONS 900001963 09/2013 483 .28
09/05/2013 160972 MINN DEPT OF LABOR & INDUSTRY 13150 1, 867.24
101-0000-205.00-00 08/31/2013 AUG SURCHARGES 17592003055 09/2013 1, 867.24
09/05/2013 160973 MORRISSEY, CYNTHIA 13276
98.98
101-0770-455.42-21 08/28/2013 REIMS ROCKS SUPPLIES 09/2013 28.35
101-0770-455.43-33 08/07/2013 REIMS MILEAGE 09/2013 70.63
OQ 05/2013 160974 MINN HWY SAFETY/RESEARCH CTR-M 13359 469.00
101-0440-425.43-37 09/04/2013 DRIVING TRAINING 6294303425 09/2013 469.00
09/05/2013 160975 MEDIAWORKS ADVERTISING SOLUTIO 13446 1,395.00
609-9100-415.43-34 08/31/2013 ADVERTISING 67246,67781,789 09/2013 1,395.00
09/05/2013 160976 METRO SUPER SAVER 13458 360.00
609-9100-415.43-34 08/01/2013 ADVERTISING 23534851 09/2013 360.00
09/05/2013 160977 NEWQUIST & HERRICK LAW OFFICES 14002 25,371.33
101-0222-415.43-30 09/03/2013 SEPT PROS ATTY FEES 09/2013 25,371.33
09/05/2013 160978 NETWORK MEDICS, INC 14157 15.00
101-0440-425.42-21 05/31/2013 SOFTWARE 3300 09/2013 15.00
09/05/2013 160979 NORTHWAY IRRIGATION INC 14186 35,896. 00
408-0007-455.43-40 07/26/2013 IRRIGATION-COMMONS PRK 24568 09/2013 35, 896.00
09/05/2013 160980 ON SITE SANITATION 15035 950.65
101-0666-435.43-41 08/17/2013 PORTABLE RESTROOMS 09/2013 950.65
09/05/2013 160981 PHILLIPS WINE & SPIRITS 16011 15,461.68
609-0000-180.00-00 08/31/2013 AUG-LIQUOR 09/2013 6, 074.75
609-0000-181.00-00 08/31/2013 AUG-WINE 09/2013 5,318.87
609-9100-415.43-51 08/31/2013 AUG-FREIGHT 09/2013 388.23
609-0000-155.00-00 08/31/2013 AUG-LIQUOR 09/2013 1, 560.65
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 10
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK
CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
609-0000-156.00-00 08/31/2013 AUG-WINE 09/2013 2, 027.65
609-9200-415.42-21 08/31/2013 AUG-FREIGHT 09/2013 91.53
09/05/2013 160982 POSTMASTER 16024 3,800.00
101-0770-455.43-32 09/03/2013 POSTAGE PERMIT 92886 09/2013 2, 000.00
101-0220-415.43-32 09/03/2013 POSTAGE PERMIT#92886 PERMIT 92886 09/2013 1, 800.00
09/05/2013 160983 PRO STAFF 16029 1,152.00
101-0334-415.43-40 08/22/2013 TEMP SERVICE 102913466 09/2013 576.00
101-0334-415.43-40 08/29/2013 TEMP SERVICE 102914069 09/2013 576.00
09/05/2013 160984 PAUSTIS & SONS 16034 2,305.78
609-0000-181.00-00 08/31/2013 AUG-WINE 09/2013 1,896. 03
609-9100-415.43-51 08/31/2013 AUG-FREIGHT 09/2013 33.75
609-9200-415.43-51 08/31/2013 AUG-FREIGHT 09/2013 10.00
609-0000-156.00-00 08/31/2013 AUG-WINE 09/2013 366.00
09/05/2013 160985 POMP'S TIRE SERVICE, INC 16051
377.72
101-0668-435.43-40 08/12/2013 TIRE SERVICE 150021147 09/2013 377.72
09/05/2013 160986 PIRTEK MIDWAY 16138
88.72
602-7000-415.43-40 08/14/2013 HOSE REPAIRS S1797801001 09/2013 88.72
04'05/2013 160987 JESSICA PAULSON 16205 149.16
J 70-0771-455.43-33 07/18/2013 REIMB MILEAGE 09/2013 149.16
09/05/2013 160988 QUALITY REFRIGERATION SERVICE 17002
289.24
609-9200-415.43-40 07/31/2013 AUG MAINT 85164 09/2013 289.24
09/05/2013 160989 SCHARBER & SONS INC 19011 1,011.67
101-0000-143.00-00 08/26/2013 WHEELS/RIMS P25265,25612 09/2013 850.85
101-0000-144.00-00 08/26/2013 ARM REST P25265,25612 09/2013 160.82
09/05/2013 160990 SCHIFSKY AND SONS INC 19045 859.19
101-0668-435.42-22 08/27/2013 ASPHALT 55319 09/2013 859.19
09/05/2013 160991 ST CLOUD STATE UNIVERSITY 19079 195.00
101-0334-415.43-37 08/26/2013 REGISTRATION-SKOGEN MCAA082613 09/2013 195.00
09/05/2013 160992 SUBURBAN TIRE WHOLSALE, INC 19229 262.53
101-0000-143.00-00 08/20/2013 TIRES 10119625 09/2013 262 .53
09/05/2013 160993 SOUTHERN WINE & SPIRITS OF MN, 19353 16,577. 98
609-0000-180.00-00 08/31/2013 AUG-LIQUOR 09/2013 10,745.71
609-0000-181.00-00 08/31/2013 AUG-WINE 09/2013 1,643.00
609-9100-415.43-51 08/31/2013 AUG-FREIGHT 09/2013 223.51
609-9200-415.43-51 08/31/2013 AUG-FREIGHT 09/2013 69.37
609-0000-155. 00-00 08/31/2013 AUG-LIQUOR 09/2013 3,896 .39
09/05/2013 160994 SHRED RIGHT 19359 66.56
101-0660-415.43-40 08/14/2013 SHREDDING SERVICE 158291 09/2013 66 .56
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 11
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
09/05/2013 160995 T.M. CONSTRUCTION & SECURITY 20013 461.49
609-9200-415.43-40 07/30/2013 SEC MONTORING SERV 103199 09/2013 461.49
09/05/2013 160996 TRI-COUNTY BEVERAGE & SUPPLY 20098 30.00
609-0000-183.00-00 08/31/2013 AUG-MISC 017121 09/2013 30.00
09/05/2013 160997 TWENTY-FOUR RESTORE 20158 7,304.17
602-7000-415.43-40 07/12/2013 SEWER BACKUP-JUNE STORM 0524,0525, 0527 09/2013 7,304.17
09/05/2013 160998 TOP OF THE LINE LAWN & LANDSCA 20177 187.04
101-0881-465.43-40 08/28/2013 ABATEMENTS 3738-40,3742 09/2013 187.04
09/05/2013 160999 KEVIN TITUS 20178 44.43
101-0440-425.43-37 08/01/2013 REIMS CONF EXPENSES 09/2013 44.43
09/05/2013 161000 UNIVERSITY OF MINNESOTA 21011 95.00
240-0000-425.43-37 09/04/2013 REGISTRAIONS 09/2013 95.00
09/05/2013 161001 VINOCOPIA, INC 22023 876.75
609-0000-181.00-00 08/31/2013 AUG-LIQUOR 09/2013 854.25
609-9100-415.43-51 08/31/2013 AUG-FREIGHT 09/2013 22.50
0°/05/2013 161002 VERSATILE VEHICLES, INC 22027 903 .09
pp 01-0770-455.43-41 06/27/2013 49ER GOLF CART RENTAL 09/2013 141.94
101-0770-455.43-41 06/27/2013 49ER GOLF CART RENTAL 09/2013 634.20
101-0440-425.43-41 06/27/2013 49ER GOLF CART RENTAL 09/2013 126.95
09/05/2013 161003 VAL-PAK OF MINNESOTA 22042 1,545.00
609-9100-415.43-34 08/14/2013 ADVERTISING 73797 09/2013 1,545.00
09/05/2013 161004 VOIGT'S BUS COMPANIES 22048
995.72
101-0770-455.43-33 08/13/2013 ROCKS BUS TRIPS 59201,202,203 09/2013 995.72
09/05/2013 161005 W.S.B. & ASSOCIATES INC 23012 101.00
603-7500-415.43-30 07/01/2013 SPRBRK WEIRS PROJ 2 09/2013 101.00
09/05/2013 161006 WINE MERCHANTS 23045 382.28
609-0000-181.00-00 08/31/2013 AUG-WINE 09/2013 380.00
609-9100-415.43-51 08/31/2013 AUG-FREIGHT 09/2013 2 .28
09/05/2013 161007 WIRTZ BEVERAGE MINNESOTA BEER, 23092 34,340.63
609-0000-182.00-00 08/31/2013 AUG-BEER 09/2013 25,505.15
609-0000-157.00-00 08/31/2013 AUG-BEER 09/2013 8,835.48
09/05/2013 161008 WIRTZ BEVERAGE WINE & SPIRITS 23095 10,279.28
609-0000-180.00-00 08/31/2013 AUG-LIQUOR 09/2013 7,652 .76
609-0000-181. 00-00 08/31/2013 AUG-WINE 09/2013 968.00
609-9100-415.43-51 08/31/2013 AUG-FREIGHT 09/2013 97.14
609-0000-155. 00-00 08/31/2013 AUG-LIQUOR 09/2013 1,429.83
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 12
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
609-0000-156.00-00 08/31/2013 AUG-WINE 09/2013 112.00
609-9200-415.43-51 08/31/2013 AUG-FREIGHT 09/2013 19.55
09/05/2013 161009 XCEL ENERGY 24002 29.51
101-0666-435.43-38 08/26/2013 UTILITIES 381141219 09/2013 29.51
09/05/2013 161010 YOCUM OIL COMPANY 25015 9,372.15
101-0000-141.00-00 08/28/2013 FUEL 575222 09/2013 3,225.10
101-0000-141.00-00 08/14/2013 FUEL 572612, 574384 09/2013 6,147.05
09/05/2013 161011 YELLOW DOG UPHOLSTERY 25016 602.85
101-0440-425.43-40 08/23/2013 SEAT REPAIRS 3561 09/2013 150.00
101-0666-435.43-40 08/23/2013 SEAT REPAIRS 3561 09/2013 150.00
602-7000-415.43-40 08/23/2013 SEAT REPAIRS 3561 09/2013 302.85
09/05/2013 161012 ZAHL-PETROLEUM MAINTENANCE 26015 243 .75
101-0669-435.43-40 07/31/2013 FUEL SYS INSPECTION 0191428 09/2013 243.75
09/05/2013 161013 TODD ZIMBA 26024 123 .75
227-0000-415.43-40 08/27/2013 CHORES/MORE 09/2013 37.50
227-0000-415.43-40 08/19/2013 CHORES/MORE 09/2013 31.25
101-0770-455.43-40 08/19/2013 CHORES/MORE 09/2013 55. 00
0/05/2013 161014 REMAX RESULTS 99999 413 .06
`p 01-0000-245.00-00 09/04/2013 UB REFUND-Fridley,MN PIN263024230016 09/2013 413 .06
09/05/2013 161015 COLDWELL BANKER BURNET 99999 241.73
601-0000-245.00-00 09/03/2013 UB CR REFUND-FINALS PIN103024130010 09/2013 241.73
09/05/2013 161016 SNYDER, ANN 99999 49.29
601-0000-245.00-00 09/03/2013 UB CR REFUND-FINALS 845-444220 09/2013 49.29
09/05/2013 161017 ALTI SOURCE SOLUTIONS INC 99999 46.14
601-0000-245.00-00 09/03/2013 UB CR REFUND-FINALS PIN233024230017 09/2013 46.14
09/05/2013 161018 BROTHERS, JOE 99999 220.67
601-0000-245.00-00 09/03/2013 UB CR REFUND-FINALS 124665-476640 09/2013 220.67
09/05/2013 161019 CHODON, KALSANG 99999 29.67
601-0000-245.00-00 09/03/2013 UB CR REFUND-FINALS 132235-478650 09/2013 29.67
09/05/2013 161020 LARSON, JON 99999 61.35
601-0000-245.00-00 09/03/2013 UB CR REFUND-FINALS 47325-494540 09/2013 61.35
09/05/2013 161021 OLLESTAD, ERIC 99999 33 .77
601-0000-245.00-00 09/03/2013 UB CR REFUND-FINALS 32655-475640 09/2013 33 .77
09/05/2013 161022 ALSAADON, MUNA 99999 199.42
601-0000-245.00-00 09/03/2013 UB CR REFUND-FINALS 52325-495160 09/2013 199.42
09/05/2013 161023 DATA QUICK TITLE 99999 58.95
601-0000-245. 00-00 09/03/2013 UB CR REFUND-FINALS PIN143024320222 09/2013 58. 95
PREPARED 09/05/2013, 12:54:34 A/P CHECKS BY PERIOD AND YEAR PAGE 13
PROGRAM: GM350L
CITY OF FRIDLEY FROM 08/26/2013 TO 09/06/2013 BANK CODE 00
CHECK CHECK
CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
09/05/2013 161024 GERALD TIAH 2013744 100.00
101-0000-347.89-51 09/04/2013 REFUND FACILITY RENTAL 09/2013 100.00
DATE RANGE TOTAL * 768,819.03 *
Un
O
AGENDA ITEM
CITY COUNCIL MEETING OF
aTY
F EY September 9, 2013
TYPE OF LICENSE: APPLICANT: APPROVED BY
Temporary Food Fridley Fire Department City Planner
Auxiliary "The Flames" Fire Inspector
Kathy Messer, President Public Safety Director
51
i r, AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 9, 2013 OF
FCITY . LICENSES
Contractor T •e A• •licant A• •roved B
Legacy Companies Heating Clint Anderson Ron Julkowski, CBO
Legacy Companies Gas Clint Anderson Ron Julkowski,CBO
Minnesota Sign Company Inc Sign Erector Nathan Putbuese Ron Julkowski, CBO
Noah Acquisitions LLC Ben Franklin Heating Katie Ryan Ron Julkowski, CBO
Precise Refrigeration Heating&AC Heating Lanette Hiltner Ron Julkowski, CBO
SBA Network Services Commercial or Andrew Theis Ron Julkowski,CBO
Specialty
Storage Solutions USA LLC Commercial or Michael Dubbs Ron Julkowski,CBO
Specialty
52
pr AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 9, 2013
CITY OF
FRIDLEY LICENSES
To: Walter Wysopal, City Manager
From: Claudia Diggs, Rental Property Inspections Division
Date: September 6, 2013
Re: Annual renewal of rental licenses
AGENDA ITEM
CITY COUNCIL MEETING
Monday, September 9, 2013
Attached is a list of 70 properties that have submitted a rental license application,paid all fees
related to license renewal, and completed the rental property inspection process.
The Rental Property Inspections Division recommends the City Council approve the issuance of
the rental licenses for these properties.
53
Property ID Property Street Units Owner Name
1284 101 83rd Ave. NE 41 University Ave Associates
1500 1020 68th Ave. NE 1 Angela Percic
1960 1024 Rice Creek Terrace 1 Jae C Hangge
1936 1047 Fillmore Cir. NE 1 Brandon R. Johnson
1643 1217 Hathaway Ln. NE 1 Norma Hotvedt-Iacono
1411 1230-32 Norton Ave. NE 2 Terrance Dreyer
1481 124 Panorama Ave. NE 1 Heinz K. Ashmun
1886 1247 Hillwind Rd. NE 1 Angelo&Sarah Piga
1415 1260-62 Norton Ave. NE 2 Dennis Anderson
1416 1261-63 Norton Ave. NE 2 SJR Investments, LLC
1417 1270-72 Norton Ave. NE 2 Kathryn M. Erjavec
2051 131 Christenson Ct. NE 1 Jake Roeller
1601 N Innsbruck Dr.
2016 (103) 1 Dwain A. Jacobson
1601 N Innsbruck Dr.
1930 (153) 1 Richard F. lacarella
1601 N Innsbruck Dr.
2020 (184) 1 Stephanie J. Miller
1601 N Innsbruck Dr.
2011 (248) 1 Elissa Lokken
1601 N Innsbruck Dr.
1843 (263) 1 Stephen Varichak&James Surdyk
1601 N Innsbruck Dr.
1403 (280) 1 Dan Cremisino
1601 N Innsbruck Dr.
1404 (302) 1 Kristin Chambers
1601 N Innsbruck Dr.
2085 (349) 1 Tom Blomberg
1601 N Innsbruck Dr.
1406 (356) 1 Richard F. lacarella
1601 N Innsbruck Dr.
1410 (384) 1 Melissa M. Penney
1317 1633 N Brenner Pass NE 1 Alan & Deborah Srbich
1856 1639 N Brenner Pass NE 1 Aaron Moser
1915 1660 Camelot Ln. 1 Brian Lindstrom
2005 212 Christenson Way NE 1 Patrick Handley
1277 321 79th Way NE 8 Bradley G Dunham
1493 41 66th Way NE 1 Roslyn Jenkins
1389 4591-93 Main St. NE 2 T& K Properties
2099 4647 2nd St. NE 1 Aaron &Sara Daigle
1149 5069-71 3rd St. NE 2 Dean Hoskins
1152 5141-43 3rd St. NE 1 Nizar Benhaj
1783 5230 Lincoln St. NE 1 Patricia G Nelson
2083 531 Mississippi St. NE 1 Twin City Home Remodeling, Inc.
1246 5335-37 6th St. NE 2 Robert Huber
2024 5419 W Brenner Pass NE 1 Heidi Meyer
2001 5465 E Brenner Pass 1 Anthony Alanen
2050 5550 Meister Rd. NE 1 Buildup Assets 1st Ave., LLC
5605 W Bavarian Pass
1471 NE 1 Kelly Pogatchnik
54
1280 5612 7th St. NE 11 MRANS ON SEVENTH
1281 5640 7th St. NE 11 MRANS on SEVENTH
2027 5810 5th St. NE 1 Ken Baker
2081 5864 Stinson Blvd NE 1 Timothy J. Rahill
2104 5909 6th St. NE 1 Michael Flowers
1999 5940-42 4th St. NE 2 James&Jean Krcma
2111 60 62nd Way NE 1 Joseph A Ling
1489 6037 2nd St. NE 1 Ross Enterprises, Inc.
1498 6073 3rd St. NE 3 Jerome Dold
2003 6081 4th St. NE 1 Brian Iacono
1880 6190 Starlite Blvd. NE 1 Asad A. Kahn &Anees Khatoon
1400 6200 5th St. NE 51 Norwood Square Inc.
1432 6373-77 Pierce St. NE 2 Jon R. Burkhow
1556 6390 Monroe St. NE 1 Toby Garber
1433 6401 Pierce St. NE #A 1 Thomas R. Peterson
Winnetka Investments, LLC c/o Cedar
1330 6551 Channel Rd. NE 11 Mgmt, Inc.
Winnetka Investments, LLC. do Cedar
1331 6571 Channel Rd. NE 11 Mgmt,
1321 6640 Central Ave. NE 1 Donald Findell
1391 6661-71-81 Main St. NE 2 Osama Mostafa Abdel-Kerim
1588 6676 Central Ave. NE 1 Donald Findell
1387 6711-15 Main St. NE 2 Michael Whalen
2055 71 66th Way NE 1 Josef Howard
1348 7325-27 Evert Ct. NE 2 Longview Properties
1350 7335-37 Evert Ct. NE 2 Nikolay Shilo
1873 7343 Hayes St. NE 1 Derek Arnold
2049 7361 Lyric Ln. NE 1 Mark Reiners
1855 7417 University Ave. NE 1 Steven Steffenson
2082 7426 Bacon Drive 1 David & Nicolette Peterson
1712 7450 Tempo Terrace NE 1 Constance Slama
1076 840 Mississippi St. NE 1 Debra Redmann
1910 851 Kennaston Dr NE 1 Jerald P. Janson
55
AGENDA ITEM
if CITY COUNCIL MEETING OF SEPTEMBER 9, 2013
CITY OF
F ESTIMATES
Northwest Asphalt Corporation
5929 Baker Road, Suite 420
Minnetonka, MN 55345
2013 Street Rehabilitation Project No. ST2013-01
Estimate No. 3 $505,986.58
56
11,j ITEM
CITY COUNCIL MEETING AGENDA OF SEPTEMBER 9, 2013
CRY OF
FRIDLEY
Date: September 4, 2013
To: Walter T. Wysopal,City Manager 046)
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Extension Request for Final Plat Approval, PS#12-01 and Easement Vacation Approval,SAV
#13-02, by Carlson McCain on behalf of Bill Fogerty
ANALYSIS
City staff has received a 90 day extension request on final plat approval, PS#12-01 and easement
vacation approval,SAV#13-02 from the family of Mr. Fogerty, property owner of the Columbia Arena, at
7011 University Avenue. Mr. Fogerty has been in a serious accident that has caused him to remain
hospitalized. At this time, he is unable to make decisions on his own, so as a result the family is asking
for an extension.
Both the petitioner, Carlson McCain, and Mr. Fogerty had previously signed a wavier to State Statute
15.99,which allows these items to be continued beyond the required 60 day period.
RECOMMENDATION
Staff recommends approval of a 90 day extension for both PS#12-01 and SAV#13-02.
57
SENTRY
4eat
1" . //,„f/%.„,,,,,
City of Fridley
6431 University Ave.NE
Fridley,MN 55432
To whom it may concern:
This letter is being sent as a formal request to extend the Columbia Arena development project deadline
date of September 9,2013 for an additional 90 days.The owner Bill Fogerty remains hospitalized after a
severe car crash where he is receiving extensive recovery and unable to perform business. In the
meantime, I, Danielle Caylor and his acting Power Attorney, have stepped in his place and need this time
to figure out exactly where things were left.The time is further necessary for meeting with engineers,
contractors and such related to the plans that have already been conducted. Bill had such hopes for the
Columbia Arena,and we want his dream to come to fruition.
Thank you for your sympathy and consideration in this sensitive time.
Best regaais,
... 4......________
Danielle Caylo
General Manager
Power of Attorney
Columbia Arena Development, LLC
n t , 1 , ,' :: 479 Apollo Drive,Suite#50,Lino Lakes,MN 55014
Tel:651.783.9786 Fax:651.783.8970
58
1111, AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 9, 2013
CITY OF
FRIDLEY
Date: September 3, 2013
To: Walter T. Wysopal, City Manager '
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution approving Master Plan Amendment, MP#13-01, Fairview Health Services
ANALYSIS
Raymond Piirainen, of Fairview Health Services, is requesting a Master Plan Amendment for the Fairview
Clinic property located at 6341 University Avenue,to allow for two separate building additions and a
parking lot and driveway revisions
on the property.
y
'''.. "t''''''",,
The proposed project involves
construction of a 2,013 sq. ft. first
floor pharmacy addition, with r4
clinical space on the second floor, £Y
which will be located on the y 4,i � .
northwest side of the building. It *4.1,c,4,,,,4 57
also involves an 809 sq. ft.first �, - �
floor loading dock and gurney ' _s,
sized elevator addition, with �` ,° � � <
clinical space on the second floor, -�-,'71.4,416,_„m14,,-
.. ffi. � `
which will be located on the 0 �
southwest side of the building. =;1,"-:;`1,:;.,"`",;!,,e4,41.!,111.', :4 k � �
The project will also include reworking the current drive way through the site and parking area, by
eliminating the driveway thru that connects the east and west parking lots, and constructing a new
circular drop off area with a canopy and drive thru pharmacy.
PLANNING COMMISSION RECOMMENDATION
At the August 21, 2013, Planning Commission meeting, a public hearing was held for MP#13 01. After a
brief discussion, the Planning Commission recommended approval of Master Plan Amendment, MP#13
01, with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
59
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
If Master Plan Amendment#13-01 is approved, staff recommends the following stipulations:
1. The property shall be developed in accordance with the site plan, C2.0, dated July 29, 2013, by
Alliant Engineering.
2. The petitioner shall obtain all necessary permits prior to construction.
3. The petitioner shall meet all Building code, Fire code, and ADA requirements.
4. The petitioner shall comply with the Fire Department comments dated August 12, 2013.
5. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
6. The petitioner shall receive Mississippi Watershed Management Organization approvals prior to
issuance of a building permit.
7. City engineering staff to review and approve grading, drainage and utility plans prior to issuance
of building permits.
8. An encroachment agreement in a format approved by the City Attorney for the circular driveway
due to its encroachment upon Fourmies Avenue right-of-way shall be signed between the City
and Columbia Park Properties, L.L.P., the owner of 6341 University Avenue NE, legally described
as Lot 1, Block 2, Fridley Plaza Center prior to issuance of a building permit.
9. Columbia Park Properties, L.L.P. shall provide the City with satisfactory proof of ownership of the
Lot 1, Block 2, Fridley Plaza Center prior to the issuance of a building permit.
60
Land Use Application
Master Plan Amendment #13-01
THE REQUEST
Raymond Piirainen, of Fairview Health Services, is requesting a master plan amendment for the Fairview
Clinic property located at 6341 University Avenue,to allow for two separate building additions and a
parking lot and driveway revisions
on the property.
The proposed project involves , ` c .'m } F
construction of a 2,013 sq.ft.first
floor vestibule/pharmacy addition, " tom
with clinical space on the second
floor,which will be located on the
northwest side of the building. It
also involves an 809 sq. ft. first
floor loading dock and gurney 4 t;
sized elevator addition, with , `'�
clinical space on the second floor,
which will be located on the � �
southwest side of the building.`
The project will also include reworking the current drive way through the site and parking area, by
eliminating the driveway thru that connects the east and west parking lots, and constructing a new
circular drop off area with a canopy and drive thru pharmacy.
SITE DESCRIPTION AND HISTORY
The property is located on the southeast corner of Fourmies Avenue and the University Avenue Service
Drive. It was rezoned, along with the City Hall property and the Cummins property at 6499 University
Avenue to S-2, Redevelopment district in 1982. When the property was rezoned,the existing medical
clinic was constructed. In 2003, a master plan amendment was approved to re-design the parking lot
and construct two building additions; one on the northwest side and the other on the east side of the
building. The parking lot redesign, which includes land owned by Fairview and by the City's Housing and
Redevelopment Authority (HRA) was completed; however,the building additions were never
constructed.
ANALYSIS
When any property is rezoned to S-2 Redevelopment District, it requires that the accompanying site
plan become the master plan for the site. Once the S-2 zoning is approved by the City Council, any
modification to that originally approved master plan would require a Master Plan Amendment. A
Master Plan Amendment needs to be reviewed and approved by the Planning Commission and City
Council. Review and recommendation is also required by the Housing and Redevelopment Authority
(HRA)to the City Council before the amendment can be approved. Since,the proposed project is a
modification from what was originally approved with the rezoning;the petitioner is seeking this Master
Plan Amendment.
The HRA will have the opportunity to review this request at their September 5, 2013 meeting.
1
61
As stated above, the proposed project involves construction of(2)separate building additions, along
with a re-design of the driveway and parking areas,to construct a circular drop area in front of the new
public entrance, along with the construction of a drive-thru for the new pharmacy within the building.
The new additions comply with all
setback and lot coverage
requirements.
City code requires 150 parking _ °E' FOURMIES AVENUE
stalls for this use and the I;"1
petitioner is proposing to provide
235 parking stalls of which (6) are a h 417
[ E-[ [
ADA compliant,which meets code Ik AI A r,
,uu ' _ — .. .LOT
requirements. City engineering irk
and fire department staff have had -
a chance to review the proposed = --,
site plan and new circular driveway ? l
eae
and are comfortable with the �.+^^[�w►' ``^
modification. The circular driveway ; ' I °-
will extend over the property line
•
and encroach into the City's right- I I ill II Additions
of-way;therefore, an
encroachment agreement will need =k•
to be signed between the City and """'' 1'` •
Fairview prior to construction. City
engineering staff also recommends —
the construction of bollards ors,..,
r NI},MK:US
landscape hedge along the circular
drive,within the right-of-way to help facilitate the separation of vehicles. The existing driveway that will
be north of the new circular drive will be landscaped with a rain garden and additional pedestrian
crossings will also be installed.
STAFF RECOMMEDATION
City Staff recommends approval of Master Plan Amendment, MP#13-01 with stipulations.
STIPULATIONS
Staff recommends that if the Master Plan Amendment is approved,the following stipulations be
attached.
1. The property shall be developed in accordance with the site plan, C2.0, dated July 29, 2013, by
Alliant Engineering.
2. The petitioner shall obtain all necessary permits prior to construction.
3. The petitioner shall meet all Building code, Fire code, and ADA requirements.
4. The petitioner shall comply with the Fire Department comments dated August 12, 2013.
5. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
6. The petitioner shall receive Mississippi Watershed Management Organization approvals prior to
issuance of a building permit.
7. City engineering staff to review and approve grading, drainage and utility plans prior to issuance
of building permits.
2
62
8. An encroachment agreement in a format approved by the City Attorney for the circular driveway
due to its encroachment upon Fourmies Avenue right-of-way shall be signed between the City
and Columbia Park Properties, L.L.P., the owner of 6341 University Avenue NE,legally described
as Lot 1, Block 2, Fridley Plaza Center prior to issuance of a building permit.
9. Columbia Park Properties, L.L.P. shall provide the City with satisfactory proof of ownership of the
Lot 1, Block 2, Fridley Plaza Center prior to the issuance of a building permit.
3
63
RESOLUTION NO.
RESOLUTION APPROVING MASTER PLAN AMENDMENT,M.P. #13-01, FOR
FAIRVIEW HEALTH SERVICES, ON BEHALF OF THE PROPERTY OWNER,
COLUMBIA PARK PROPERTIES, TO ALLOW THE CONSTRUCTION OF
BUILDING ADDITIONS AND THE MODIFICATION OF THE PARKING LOT,
GENERALLY LOCATED AT 6341 UNIVERSITY AVENUE NE
WHEREAS, the Planning Commission held a public hearing on August 21, 2013 to consider a
Master Plan Amendment request, MP#13-01, by Fairview Health Services for the property
generally located at 6341 University Avenue NE in Fridley, legally described as Lot 1, Block 2,
Fridley Plaza Center, subject to easement of record, and recommended approval of said master
plan amendment; and
WHEREAS,the City Council approved the MASTER PLAN AMENDMENT, MP #13-01 at
their September 9, 2013, meeting,with stipulations attached as Exhibit A; and
WHEREAS, a copy of the MASTER SITE PLAN has been attached as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves MASTER PLAN
AMENDMENT, MP #13-01 for FAIRVIEW HEALTH SERVICES and sends notice to the
petitioner that any substantial modification to the approved master site plan, as shown in Exhibit
B,will require further review by the Planning Commission and City Council.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
9Th DAY OF SEPTEMBER 2013.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
64
Page 2—Resolution-2013 —FAIRVIEW HEALTH SERVICES MASTER PLAN
AMENDMENT
EXHIBIT A
STIPULATIONS
1. The property shall be developed in accordance with the site plan, C2.0, dated July 29, 2013,by
Alliant Engineering.
2. The petitioner shall obtain all necessary permits prior to construction.
3. The petitioner shall meet all Building code,Fire code,and ADA requirements.
4. The petitioner shall comply with the Fire Department comments dated August 12, 2013.
5. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
6. The petitioner shall receive Mississippi Watershed Management Organization approvals prior to
issuance of a building permit.
7. City engineering staff to review and approve grading,drainage and utility plans prior to issuance
of building permits.
8. An encroachment agreement in a format approved by the City Attorney for the circular driveway
due to its encroachment upon Fourmies Avenue right-of-way shall be signed between the City
and Columbia Park Properties, L.L.P.,the owner of 6341 University Avenue NE, legally
described as Lot 1, Block 2, Fridley Plaza Center prior to issuance of a building permit.
9. Columbia Park Properties,L.L.P. shall provide the City with satisfactory proof of ownership of
the Lot 1, Block 2, Fridley Plaza Center prior to the issuance of a building permit.
65
99
NANA.n.n.•:Vw.\:MMOS.\p;..•.\.>..PIq.Vrao. •••• :u M 7011-NAJA.. •
l : Y „ . ■ . . s EXHIBIT B
1 7 1 2 W A T T h II a i d NORM BOUND LANE _..
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AGREEMENT RELATING TO
LANDOWNER IMPROVEMENTS
WITHIN CITY RIGHT OF WAY ON
LOT 1, BLOCK 2, FRIDEY PLAZA CENTER,
ANOKA COUNTY, MINNESOTA
69
AGREEMENT RELATING TO LANDOWNER
IMPROVEMENTS WITHIN CITY RIGHT OF WAY ON
LOT 1, BLOCK 2, FRIDLEY PLAZA CENTER,
ANOKA COUNTY, MINNESOTA
THIS AGREEMENT, made this day of , 2013, by and between
the City of Fridley (hereafter referred to as "City"), a Minnesota municipal corporation, and
Columbia Park Properties, L.L.P., a Minnesota limited liability partnership (hereafter referred to
as "Landowner"). Based on the covenants, agreements, representations and recitals herein
contained, the parties agree as follows:
ARTICLE 1
TERMS
1.1 Terms. Unless specifically defined elsewhere in this Agreement, the following
terms shall have the following meanings.
1.2 City. "City" means the City of Fridley, a Minnesota municipal corporation.
1.3 Subject Lot. "Subject Lot" means Lot 1, Block 2, Fridley Plaza Center,
according to the plat thereof on file and of record in the office of the Anoka County Recorder,
Anoka County, Minnesota. The Subject Lot is located in the City of Fridley, Anoka County,
Minnesota.
1.4 City Right of Way. "City Right of Way" means the sixty-eight (68) foot
dedicated street platted as Fourmies Avenue in the recorded plat of Fridley Plaza Center, Anoka
County, Minnesota located along the north boundary line of the Subject Lot.
1.5 Landowner. "Landowner"means Columbia Park Properties, L.L.P., a Minnesota
limited liability partnership and its assigns and successors in interest with respect to the Subject
Lot.
1.6 Formal Notice. "Formal Notice" means notice given by one party to the other if
in writing and if and when delivered or tendered either in person or by depositing it in the United
States mail in a sealed envelope, by certified mail, return receipt requested, with postage prepaid,
addressed as follows:
IF TO CITY: City of Fridley
Attention: Director of Public Works
6431 University Avenue,N.E.
Fridley, MN 55432
IF TO LANDOWNER Columbia Park Properties, L.L.P.
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Attn: Jeffrey D. Meyer
c/o Michael F. Hurley
Barna, Guzy & Steffen, Ltd.
200 Coon Rapids Boulevard, #400
Coon Rapids, MN 55433
or to such other address as the party addressed shall have previously designated by notice given
in accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, or on the third day after
mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in
writing,be deemed given if and when actually received by a party.
1.7 Landowner Improvements. "Landowner Improvements" means the curbing and
impervious surfacing and landscaping located within that portion of the City Right of Way
shown on the Site Plan attached hereto as Exhibit A.
1.8 City Improvements. "City Improvements" means all existing and future street
improvements (including curb and gutter, sidewalks and trails) and sanitary sewer, municipal
water and storm water pipes, conduits, culverts, ditches, catch basins, water collection
mechanisms, drainage facilities, and other utilities and appurtenances lying within the City Right
of Way now or in the future.
1.9 Site Plan. "Site Plan" means the final Site Plan, dated July 29, 2013, prepared by
BDH&Young, relating to Landowner Improvements. The Site Plan is on file with the City.
1.10 City Utility Costs. "City Utility Costs" means all costs incurred by the City,
(whether performed by the City or its agents or contractors), for the inspection of and access to
and repair, maintenance and replacement of the City's Easement Improvements located in the
City Right of Way and the placement of additional City Improvements in the City Easement.
City Utility Costs, include, without limitation: excavation costs, labor costs, costs of removing
fill, costs of re-burying the City Improvements, re-compacting the soils over the City Right of
Way Improvements, restoring the City Right of Way area, and all engineering and attorneys' fees
incurred in connection therewith. City Utility Costs also include the costs of temporarily
removing the Landowner Improvements and subsequently replacing the Landowner
Improvements in the City Right of Way, if such costs have not already been paid by the
Landowner.
1.11 Pre-Encroachment Costs. "Pre-Encroachment Costs" means a reasonable
estimate by the City of the costs the City would have incurred for City Utility Costs if the
Landowner Improvements did not exist.
1.12 Cost Differential. "Cost Differential" means the difference between the Pre-
Encroachment Costs and the City Utility Costs caused by the existence of the Landowner
Improvements. The City's reasonable determination of the amount of the Cost Differential shall
be binding on the Landowner. The City's reasonable determination shall be appropriately
supported by cost estimates obtained from independent contractors or engineers.
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ARTICLE 2
RECITALS
Recital No. 1. The undersigned Landowner is the fee title owner of the Subject Lot
located in Fridley, Anoka County, Minnesota.
Recital No.2 A portion of the City Right of Way is on the Subject Lot as shown on
the Site Plan. The City owns the City Right of Way. The City Improvements are within the City
Right of Way and future City Improvements may be located within the City Right of Way.
Recital No.3. Landowner has requested permission from the City to place Landowner
Improvements within that portion of the City Right of Way as shown on the Site Plan for the
benefit of the Subject Lot.
Recital No. 4. Subject to the terms of this Agreement, the City is willing to allow the
Landowner Improvements to be placed within the within the City Right of Way if the following
conditions are met:
a.) The Landowner maintains the Landowner Improvements;
b.) The Landowner agrees to pay the City any Cost Differential relating to
inspections, access, repair, maintenance and replacement of the existing City
Improvements and the placement of any future City Improvements in the City
Right of Way.
c.) The Landowner agrees to temporarily remove the Landowner Improvements in
the event the City has need to access the area where the Landowner
Improvements exist in order for the City to inspect, repair, maintain, and replace
the existing City Improvements or construct future City Improvements in the City
Right of Way.
d.) The Landowner agrees to modify the Landowner Improvements if the Landowner
Improvements interfere with the City Improvements.
NOW, THEREFORE, THE CITY OF FRIDLEY AND THE UNDERSIGNED
LANDOWNER, FOR THEMSELVES, AND THEIR SUCCESSORS, HEIRS AND
ASSIGNS DO HEREBY AGREE:
ARTICLE 3
AGREEMENTS
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3.1 Construction And Maintenance Of Landowner Improvements. Under the
terms and conditions stated herein, the Landowner, at its own cost, is hereby authorized by the
City to make the Landowner Improvements within the portion of the City Right of Way as
shown on the Site Plan. The Landowner Improvements shall only be placed at the locations
specified in the Site Plan. The Landowner Improvements must be constructed according to the
Site Plan.
The Landowner shall not place any other structures, irrigation systems, buildings, fences,
landscaping, trees or shrubs within the City Right of Way, except for the Landowner
Improvements. After construction, the Landowner, at its own expense, shall maintain and repair
the Landowner Improvements.
3.2 City Not Responsible For Landowner Improvements. Nothing contained
herein shall be deemed an assumption by the City of any responsibility for construction,
maintenance, replacement or repair of the Landowner Improvements.
3.3 Continuing Right To City Easement. Nothing contained herein shall be deemed
a waiver or abandonment or transfer of the right, title and interest that the City holds to the City
Right of Way.
3.4 Subordinate Position Of Landowner Improvements. The Landowner
Improvements are subordinate to the rights of the City in the City Right of Way and in the City
Improvements.
3.5 Risk Of Loss. The Landowner understands and agrees that the Landowner
Improvements within the City Right of Way may be adversely affected by use of the City Right
of Way. The parties agree that the City is not responsible for such events; the City shall have no
liability to the Landowner for such events. The Landowner assumes the risk of installing the
Landowner Improvements in the City Right of Way area.
3.6 Landowner To Bear Cost Of Relocating Landowner Improvements. The City
is responsible for the repair and maintenance of the City Improvements in the City Right of Way.
The City may require the Landowner to temporarily remove and subsequently replace the
Landowner Improvement in the City Right of Way in order for the City to gain access to the City
Improvements for the purpose of inspecting, repairing, maintaining, or replacing, the City
Improvements or adding future City Improvements.
Utility companies (including but not limited to gas, electric, telephone and cable utility
companies) may require the Landowner to remove the Landowner Improvements in the City
Right of Way in order for the utility company to gain access to the utilities for the purpose of
inspecting, repairing, maintaining, upgrading, relocating, or replacing the utilities or adding
future utilities.
If the Landowner does not perform such tasks, the City may perform such tasks and in
such case the Landowner shall reimburse the City for the City's costs and expenses. Prior to
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commencing such tasks, the City shall send Formal Notice to the Landowner and allow the
Landowner thirty (30) days from the date of the Formal Notice to perform the tasks. If the
Landowner has not completed the work within the thirty (30) days, then the City may proceed to
perform the tasks. Once the City's costs and expenses have been determined by the City, the
City shall send an invoice for such costs and expenses to the Landowner. The Landowner must
pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses
include, but are not limited to, reasonable costs charged to the City by third parties such as
contractors as well as the costs for City personnel that may have performed the work. Bills not
paid shall incur the standard penalty and interest established by the City for utility billings within
the City.
3.7 Emergency. Notwithstanding the requirements contained in Sections 3.6 relating
to a thirty (30) day Formal Notice to the Landowner to perform its obligations under Sections
3.6, the City shall not be required to give such Formal Notice if the City's Public Works Director
or the Public Works Director's designee determines that an emergency exists. In such instance,
the City, without giving Formal Notice to the Landowner may perform the work and in such case
the Landowner shall reimburse the City for the costs and expenses relating to the work. Once the
City's costs and expenses have been determined by the City, the City shall send an invoice for
such costs and expenses to the Landowner. The Landowner must pay the invoice within thirty
(30) days after the date of the invoice. Such costs and expenses include, but are not limited to,
costs charged to the City by third parties such as contractors as well as the costs for City
personnel that may have performed the work. Bills not paid shall incur the standard penalty and
interest established by the City for utility bills within the City.
3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or
inspection, maintenance, repair or replacement of the City Improvements or relating to
construction of new City Improvements in the future, then the Landowner shall pay the Cost
Deferential to the City. The Landowner must make payment for the Cost Deferential within 30
days after the City has sent a written invoice for the Cost Deferential to the Landowner.
3.9 Modifications To Landowner Improvements. If in the future the City
reasonably determines that the Landowner Improvements interfere with access for inspection or
with repair, maintenance, reconstruction, or replacement of City Improvements, then the
Landowner, at its own expense, shall make such modifications to the Landowner Improvements
as directed by the City. Such modifications may include, but are not limited to, reconfiguration,
removal and relocation of the Landowner Improvements.
If Landowner does not make the modifications, the City may make the modifications and
in such case the Landowner shall reimburse the City for the City's costs and expenses. Prior to
commencing such modifications, the City shall send Formal Notice to the Landowner and allow
the Landowner thirty (30) days from the date of the Formal Notice to make the modifications. If
Landowner does not completely make the modifications, the City may proceed to make the
modifications. Once the City's costs and expenses have been determined by the City, the City
shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay
the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include,
but are not limited to, reasonable costs charged the City by third parties such as contractors as
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well as the costs for City personnel that may have performed the work relating to the
modifications.
3.10 Remedies. If the Landowner fails to perform their obligations under this
Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of
the following non-exclusive remedies:
a.) The City may specifically enforce this Agreement.
b.) If the Landowner fails to make payments under Section 3.6, 3.7, 3.8 or 3.9, then
the City may certify to Anoka County the amounts due as payable with the real
estate taxes for the Subject Lot in the next calendar year; such certifications may
be made under Minnesota Statutes, Chapter 444 in a manner similar to
certifications for unpaid utility bills. The Landowner waives any and all
procedural and substantive objections to the imposition of such usual and
customary charges on the Subject Lot.
Further, as an alternate means of collection, if the written billing is not paid by the
Landowner, the City, without notice and without hearing, may specially assess the
Subject Lot for the costs and expenses incurred by the City. The Landowner
hereby waives any and all procedural and substantive objections to special
assessments for the costs including, but not limited to, notice and hearing
requirements and any claims that the charges or special assessments exceed the
benefit to the Subject Lot. The Landowner waives any appeal rights otherwise
available pursuant to Minnesota Statute § 429.081. The Landowner
acknowledges that the benefit from the performance of tasks by the City equals or
exceeds the amount of the charges and assessments for the costs that are being
imposed hereunder upon the Subject Lot.
No remedy herein conferred upon or reserved to the City shall be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be
in addition to every other remedy given under this Agreement or now or hereafter existing at law
or in equity or by statute. No delay or omission to exercise any right or power accruing upon any
default shall impair any such right or power or shall be construed to be a waiver thereof, but any
such right and power may be exercised from time to time and as often as may be deemed
expedient.
3.11 Indemnification. The Landowner shall indemnify, defend and hold the City, its
council, agents, consultants, attorneys, employees and representatives harmless, except for the
gross negligence of the City, its council, agents, consultants, attorneys, employees and
representatives, against and in respect of any and all claims, demands, actions, suits,
proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and
deficiencies including interest,penalties and attorneys' fees, that the City incurs or suffers, which
arise out of, result from or relate to any of the following:
a.) The Landowner Improvements;
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b.) Installation and maintenance of the Landowner Improvements;
c.) Failure by the Landowner to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
Agreement; and
d.) Use of the City Right of Way for Landowner Improvements.
3.12 City Duties. Nothing contained in this Agreement shall be considered an
affirmative duty upon the City to perform the Landowner's obligations contained in Article 3 if
the Landowner does not perform such obligations.
3.13 No Third Party Recourse. Third parties shall have no recourse against the City
under this Agreement.
3.14 Recording. The Landowner shall record this Agreement with the Anoka County
Recorder against the Subject Lot and within 30 days after the date of this Agreement, the
Landowner shall present evidence to the City that this Agreement has been recorded.
3.15 Binding Agreement. The parties mutually recognize and agree that all terms and
conditions of this recordable Agreement shall run with the Subject Lot and shall be binding upon
the heirs, successors, administrators and assigns of the parties.
Upon request by the Landowner, the City will prepare for the Landowner, at standard City
charges, a special assessment search indicating the extent to which, if any, there is a levied or
pending special assessment under Section 3.10 hereof.
3.16 Amendment And Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another
contained in this Agreement or in any document delivered pursuant hereto which inaccuracies
would otherwise constitute a breach of this Agreement, waive compliance by another with any of
the covenants contained in this Agreement and performance of any obligations by the other or
waive the fulfillment of any condition that is precedent to the performance by the party so
waiving of any of its obligations under this Agreement. Any agreement on the part of any party
for any such amendment, extension or waiver must be in writing. No waiver of any of the
provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other
provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
3.17 Governing Law. This Agreement shall be governed by and construed in accord
with the laws of the State of Minnesota.
3.18 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
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3.19 Headings. The subject headings of the sections in this Agreement are included
for purposes of convenience only, and shall not affect the construction of interpretation of any of
its provisions.
3.20 Authority. The Landowner represents and warrants that it owns the Subject Lot and
that it has the right, power, legal capacity and authority to enter into and perform its obligations
under this Agreement,and no approvals or consents of any persons are necessary in connection with
the authority of the Landowner to enter into and perform its obligations under this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the year and day
first set forth above.
CITY OF FRIDLEY LANDOWNER
By:
Scott Lund,Mayor Jeffrey D. Meyer
Executive Managing Partner
Walter Wysopal, City Manager
[The remainder of this page is intentionally left blank.]
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77
STATE OF MINNESOTA )
) ss:
COUNTY OF ANOKA )
On this day of , 2013, before me a Notary Public within
and for said County, personally appeared Scott Lund and Walter Wysopal to me personally
known, who being each by me duly sworn, each did say that they are respectively the
Mayor and City Manager of the City of Fridley, the municipality named in the foregoing
instrument, and that the seal affixed to said instrument was signed and sealed in behalf of
said municipality by authority of its City Council and said Mayor and City Manager
acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF ANOKA )
On this day of , 2013, before me a Notary Public within and
for said County, personally appeared Jeffrey D. Meyer, Executive Managing Partner of
Columbia Park Properties, L.L.P., a limited liability partnership under the laws of the
Minnesota, and who executed the foregoing instrument on behalf of said limited liability
partnership and acknowledged that he executed the same as his free act and deed.
Notary Public
AFTER RECORDING,PLEASE
THIS INSTRUMENT DRAFTED BY: RETURN THIS INSTRUMENT TO:
Darcy M. Erickson Darcy M. Erickson
LeVander, Gillen & Miller, P.A. LeVander, Gillen & Miller, P.A.
633 South Concord Street, Suite 400 633 South Concord Street, Suite 400
South St. Paul, MN 55075 South St. Paul, MN 55075
(651)451-1831 (651)451-1831
604516-v5
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78
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AGREEMENT RELATING TO
LANDOWNER IMPROVEMENTS
WITHIN CITY RIGHT OF WAY ON
LOT 1, BLOCK 2, FRIDEY PLAZA CENTER,
ANOKA COUNTY, MINNESOTA
AGREEMENT RELATING TO LANDOWNER
IMPROVEMENTS WITHIN CITY RIGHT OF WAY ON
LOT 1, BLOCK 2, FRIDLEY PLAZA CENTER,
ANOKA COUNTY, MINNESOTA
THIS AGREEMENT, made this day of , 2013, by and
between the City of Fridley (hereafter referred to as "City"), a Minnesota municipal
corporation, and Columbia Park Properties, L.L.P., a Minnesota limited liability partnership
f/k/a Columbia Park Properties, a Minnesota general partnership (hereafter referred to as
"Landowner"). Based on the covenants, agreements, representations and recitals herein
contained, the parties agree as follows:
ARTICLE 1
TERMS
1.1 Terms. Unless specifically defined elsewhere in this Agreement, the following
terms shall have the following meanings.
1.2 City. "City" means the City of Fridley, a Minnesota municipal corporation.
1.3 Subject Lot. "Subject Lot" means Lot 1, Block 2, Fridley Plaza Center,
according to the plat thereof on file and of record in the office of the Anoka County Recorder,
Anoka County, Minnesota. The Subject Lot is located in the City of Fridley, Anoka County,
Minnesota.
1.4 City Right of Way. "City Right of Way" means the sixty-eight (68) foot
dedicated street platted as Fourmies Avenue in the recorded plat of Fridley Plaza Center,
Anoka County, Minnesota located along the north boundary line of the Subject Lot.
1.5 Landowner. "Landowner" means Columbia Park Properties, L.L.P., a
Minnesota limited liability partnership formerly known as Columbia Park Properties, a
Minnesota general partnership, and its assigns and successors in interest with respect to the
Subject Lot.
1.6 Formal Notice. "Formal Notice" means notice given by one party to the other
if in writing and if and when delivered or tendered either in person or by depositing it in the
United States mail in a sealed envelope, by certified mail, return receipt requested, with
postage prepaid, addressed as follows:
IF TO CITY: City of Fridley
Attention: Director of Public Works
6431 University Avenue, N.E.
Fridley, MN 55432
IF TO LANDOWNER Columbia Park Properties, L.L.P.
Attn: Jeffrey D. Meyer
c/o Michael F. Hurley
Barna, Guzy & Steffen, Ltd.
200 Coon Rapids Boulevard, #400
Coon Rapids, MN 55433
-1-
or to such other address as the party addressed shall have previously designated by notice given
in accordance with this Section. Notices shall be deemed to have been duly given on the date
of service if served personally on the party to whom notice is to be given, or on the third day
after mailing if mailed as provided above, provided, that a notice not given as above shall, if it
is in writing, be deemed given if and when actually received by a party.
1.7 Landowner Improvements. "Landowner Improvements" means the curbing
and impervious surfacing and landscaping located within that portion of the City Right of Way
shown on the Site Plan attached hereto as Exhibit A.
1.8 City Improvements. "City Improvements" means all existing and future street
improvements (including curb and gutter, sidewalks and trails) and sanitary sewer, municipal
water and storm water pipes, conduits, culverts, ditches, catch basins, water collection
mechanisms, drainage facilities, and other utilities and appurtenances lying within the City
Right of Way now or in the future.
1.9 Site Plan. "Site Plan" means the final Site Plan, dated July 29, 2013, prepared
by BDH & Young, relating to Landowner Improvements. The Site Plan is on file with the
City.
1.10 City Utility Costs. "City Utility Costs" means all costs incurred by the City,
(whether performed by the City or its agents or contractors), for the inspection of and access to
and repair, maintenance and replacement of the City's Easement Improvements located in the
City Right of Way and the placement of additional City Improvements in the City Easement.
City Utility Costs, include, without limitation: excavation costs, labor costs, costs of removing
fill, costs of re-burying the City Improvements, re-compacting the soils over the City Right of
Way Improvements, restoring the City Right of Way area, and all engineering and attorneys'
fees incurred in connection therewith. City Utility Costs also include the costs of temporarily
removing the Landowner Improvements and subsequently replacing the Landowner
Improvements in the City Right of Way, if such costs have not already been paid by the
Landowner.
1.11 Pre-Encroachment Costs. "Pre-Encroachment Costs" means a reasonable
estimate by the City of the costs the City would have incurred for City Utility Costs if the
Landowner Improvements did not exist.
1.12 Cost Differential. "Cost Differential" means the difference between the Pre-
Encroachment Costs and the City Utility Costs caused by the existence of the Landowner
Improvements. The City's reasonable determination of the amount of the Cost Differential
shall be binding on the Landowner. The City's reasonable determination shall be appropriately
supported by cost estimates obtained from independent contractors or engineers.
ARTICLE 2
RECITALS
Recital No. 1. The undersigned Landowner is the fee title owner of the Subject Lot
located in Fridley, Anoka County, Minnesota.
Recital No. 2 A portion of the City Right of Way is on the Subject Lot as shown on
the Site Plan. The City owns the City Right of Way. The City Improvements are within the
City Right of Way and future City Improvements may be located within the City Right of
Way.
-2-
Recital No. 3. Landowner has requested permission from the City to place Landowner
Improvements within that portion of the City Right of Way as shown on the Site Plan for the
benefit of the Subject Lot.
Recital No. 4. Subject to the terms of this Agreement, the City is willing to allow
the Landowner Improvements to be placed within the within the City Right of Way if the
following conditions are met:
a.) The Landowner maintains the Landowner Improvements;
b.) The Landowner agrees to pay the City any Cost Differential relating to
inspections, access, repair, maintenance and replacement of the existing City
Improvements and the placement of any future City Improvements in the City
Right of Way.
c.) The Landowner agrees to temporarily remove the Landowner Improvements in
the event the City has need to access the area where the Landowner
Improvements exist in order for the City to inspect, repair, maintain, and
replace the existing City Improvements or construct future City Improvements
in the City Right of Way.
d.) The Landowner agrees to modify the Landowner Improvements if the
Landowner Improvements interfere with the City Improvements.
NOW, THEREFORE, THE CITY OF FRIDLEY AND THE UNDERSIGNED
LANDOWNER, FOR THEMSELVES, AND THEIR SUCCESSORS, HEIRS AND
ASSIGNS DO HEREBY AGREE:
ARTICLE 3
AGREEMENTS
3.1 Construction And Maintenance Of Landowner Improvements. Under the
terms and conditions stated herein, the Landowner, at its own cost, is hereby authorized by the
City to make the Landowner Improvements within the portion of the City Right of Way as
shown on the Site Plan. The Landowner Improvements shall only be placed at the locations
specified in the Site Plan. The Landowner Improvements must be constructed according to the
Site Plan.
The Landowner shall not place any other structures, irrigation systems, buildings,
fences, landscaping, trees or shrubs within the City Right of Way, except for the Landowner
Improvements. After construction, the Landowner, at its own expense, shall maintain and
repair the Landowner Improvements.
3.2 City Not Responsible For Landowner Improvements. Nothing contained
herein shall be deemed an assumption by the City of any responsibility for construction,
maintenance, replacement or repair of the Landowner Improvements.
3.3 Continuing Right To City Easement. Nothing contained herein shall be
deemed a waiver or abandonment or transfer of the right, title and interest that the City holds
to the City Right of Way.
-3-
3.4 Subordinate Position Of Landowner Improvements. The Landowner
Improvements are subordinate to the rights of the City in the City Right of Way and in the City
Improvements.
3.5 Risk Of Loss. The Landowner understands and agrees that the Landowner
Improvements within the City Right of Way may be adversely affected by use of the City Right
of Way. The parties agree that the City is not responsible for such events; the City shall have
no liability to the Landowner for such events. The Landowner assumes the risk of installing
the Landowner Improvements in the City Right of Way area.
3.6 Landowner To Bear Cost Of Relocating Landowner Improvements. The
City is responsible for the repair and maintenance of the City Improvements in the City Right
of Way.
The City may require the Landowner to temporarily remove and subsequently replace
the Landowner Improvement in the City Right of Way in order for the City to gain access to
the City Improvements for the purpose of inspecting, repairing, maintaining, or replacing, the
City Improvements or adding future City Improvements.
Utility companies (including but not limited to gas, electric, telephone and cable utility
companies) may require the Landowner to remove the Landowner Improvements in the City
Right of Way in order for the utility company to gain access to the utilities for the purpose of
inspecting, repairing, maintaining, upgrading, relocating, or replacing the utilities or adding
future utilities.
If the Landowner does not perform such tasks, the City may perform such tasks and in
such case the Landowner shall reimburse the City for the City's costs and expenses. Prior to
commencing such tasks, the City shall send Formal Notice to the Landowner and allow the
Landowner thirty (30) days from the date of the Formal Notice to perform the tasks. If the
Landowner has not completed the work within the thirty (30) days, then the City may proceed
to perform the tasks. Once the City's costs and expenses have been determined by the City,
the City shall send an invoice for such costs and expenses to the Landowner. The Landowner
must pay the invoice within thirty (30) days after the date of the invoice. Such costs and
expenses include, but are not limited to, reasonable costs charged to the City by third parties
such as contractors as well as the costs for City personnel that may have performed the work.
Bills not paid shall incur the standard penalty and interest established by the City for utility
billings within the City.
3.7 Emergency. Notwithstanding the requirements contained in Sections 3.6
relating to a thirty (30) day Formal Notice to the Landowner to perform its obligations under
Sections 3.6, the City shall not be required to give such Formal Notice if the City's Public
Works Director or the Public Works Director's designee determines that an emergency exists.
In such instance, the City, without giving Formal Notice to the Landowner may perform the
work and in such case the Landowner shall reimburse the City for the costs and expenses
relating to the work. Once the City's costs and expenses have been determined by the City,
the City shall send an invoice for such costs and expenses to the Landowner. The Landowner
must pay the invoice within thirty (30) days after the date of the invoice. Such costs and
expenses include, but are not limited to, costs charged to the City by third parties such as
contractors as well as the costs for City personnel that may have performed the work. Bills not
paid shall incur the standard penalty and interest established by the City for utility bills within
the City.
3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or
inspection, maintenance, repair or replacement of the City Improvements or relating to
-4-
construction of new City Improvements in the future, then the Landowner shall pay the Cost
Deferential to the City. The Landowner must make payment for the Cost Deferential within
30 days after the City has sent a written invoice for the Cost Deferential to the Landowner.
3.9 Modifications To Landowner Improvements. If in the future the City
reasonably determines that the Landowner Improvements interfere with access for inspection or
with repair, maintenance, reconstruction, or replacement of City Improvements, then the
Landowner, at its own expense, shall make such modifications to the Landowner
Improvements as directed by the City. Such modifications may include, but are not limited to,
reconfiguration, removal and relocation of the Landowner Improvements.
If Landowner does not make the modifications, the City may make the modifications
and in such case the Landowner shall reimburse the City for the City's costs and expenses.
Prior to commencing such modifications, the City shall send Formal Notice to the Landowner
and allow the Landowner thirty (30) days from the date of the Formal Notice to make the
modifications. If Landowner does not completely make the modifications, the City may
proceed to make the modifications. Once the City's costs and expenses have been determined
by the City, the City shall send an invoice for such costs and expenses to the Landowner. The
Landowner must pay the invoice within thirty (30) days after the date of the invoice. Such
costs and expenses include, but are not limited to, reasonable costs charged the City by third
parties such as contractors as well as the costs for City personnel that may have performed the
work relating to the modifications.
3.10 Remedies. If the Landowner fails to perform their obligations under this
Agreement, then the City may avail itself of any remedy afforded by law or in equity and any
of the following non-exclusive remedies:
a.) The City may specifically enforce this Agreement.
b.) If the Landowner fails to make payments under Section 3.6, 3.7, 3.8 or 3.9,
then the City may certify to Anoka County the amounts due as payable with the
real estate taxes for the Subject Lot in the next calendar year; such certifications
may be made under Minnesota Statutes, Chapter 444 in a manner similar to
certifications for unpaid utility bills. The Landowner waives any and all
procedural and substantive objections to the imposition of such usual and
customary charges on the Subject Lot.
Further, as an alternate means of collection, if the written billing is not paid by
the Landowner, the City, without notice and without hearing, may specially
assess the Subject Lot for the costs and expenses incurred by the City. The
Landowner hereby waives any and all procedural and substantive objections to
special assessments for the costs including, but not limited to, notice and hearing
requirements and any claims that the charges or special assessments exceed the
benefit to the Subject Lot. The Landowner waives any appeal rights otherwise
available pursuant to Minnesota Statute § 429.081. The Landowner
acknowledges that the benefit from the performance of tasks by the City equals
or exceeds the amount of the charges and assessments for the costs that are
being imposed hereunder upon the Subject Lot.
No remedy herein conferred upon or reserved to the City shall be exclusive of any
other available remedy or remedies, but each and every such remedy shall be cumulative and
shall be in addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power or shall be construed to be a
-5-
waiver thereof, but any such right and power may be exercised from time to time and as often
as may be deemed expedient.
3.11 Indemnification. The Landowner shall indemnify, defend and hold the City, its
council, agents, consultants, attorneys, employees and representatives harmless, except for the
gross negligence of the City, its council, agents, consultants, attorneys, employees and
representatives, against and in respect of any and all claims, demands, actions, suits,
proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and
deficiencies including interest, penalties and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to any of the following:
a.) The Landowner Improvements;
b.) Installation and maintenance of the Landowner Improvements;
c.) Failure by the Landowner to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
Agreement; and
d.) Use of the City Right of Way for Landowner Improvements.
3.12 City Duties. Nothing contained in this Agreement shall be considered an
affirmative duty upon the City to perform the Landowner's obligations contained in Article 3 if
the Landowner does not perform such obligations.
3.13 No Third Party Recourse. Third parties shall have no recourse against the
City under this Agreement.
3.14 Recording. The Landowner shall record this Agreement with the Anoka
County Recorder against the Subject Lot and within 30 days after the date of this Agreement,
the Landowner shall present evidence to the City that this Agreement has been recorded.
3.15 Binding Agreement. The parties mutually recognize and agree that all terms
and conditions of this recordable Agreement shall run with the Subject Lot and shall be binding
upon the heirs, successors, administrators and assigns of the parties.
Upon request by the Landowner, the City will prepare for the Landowner, at standard
City charges, a special assessment search indicating the extent to which, if any, there is a levied
or pending special assessment under Section 3.10 hereof.
3.16 Amendment And Waiver. The parties hereto may by mutual written
agreement amend this Agreement in any respect. Any party hereto may extend the time for the
performance of any of the obligations of another, waive any inaccuracies in representations by
another contained in this Agreement or in any document delivered pursuant hereto which
inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by
another with any of the covenants contained in this Agreement and performance of any
obligations by the other or waive the fulfillment of any condition that is precedent to the
performance by the party so waiving of any of its obligations under this Agreement. Any
agreement on the part of any party for any such amendment, extension or waiver must be in
writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall
constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver
constitute a continuing waiver.
-6-
3.17 Governing Law. This Agreement shall be governed by and construed in accord
with the laws of the State of Minnesota.
3.18 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
3.19 Headings. The subject headings of the sections in this Agreement are included
for purposes of convenience only, and shall not affect the construction of interpretation of any
of its provisions.
3.20 Authority. The Landowner represents and warrants that it owns the Subject Lot and
that it has the right, power, legal capacity and authority to enter into and perform its obligations
under this Agreement,and no approvals or consents of any persons are necessary in connection with
the authority of the Landowner to enter into and perform its obligations under this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the year and day
first set forth above.
CITY OF FRIDLEY LANDOWNER
By:
Scott Lund, Mayor Jeffrey D. Meyer
Executive Managing Partner
Walter Wysopal, City Manager
[The remainder of this page is intentionally left blank.]
-7-
STATE OF MINNESOTA )
) ss:
COUNTY OF ANOKA )
On this day of , 2013, before me a Notary Public
within and for said County, personally appeared Scott Lund and Walter Wysopal to me
personally known, who being each by me duly sworn, each did say that they are
respectively the Mayor and City Manager of the City of Fridley, the municipality named
in the foregoing instrument, and that the seal affixed to said instrument was signed and
sealed in behalf of said municipality by authority of its City Council and said Mayor and
City Manager acknowledged said instrument to be the free act and deed of said
municipality.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF ANOKA )
On this day of , 2013, before me a Notary Public within
and for said County, personally appeared Jeffrey D. Meyer, Executive Managing
Partner of Columbia Park Properties, L.L.P., a limited liability partnership formerly
known as Columbia Park Properties, a general partnership, under the laws of the
Minnesota, and who executed the foregoing instrument on behalf of said limited liability
partnership and acknowledged that he executed the same as his free act and deed.
Notary Public
AFTER RECORDING, PLEASE
THIS INSTRUMENT DRAFTED BY: RETURN THIS INSTRUMENT TO:
Darcy M. Erickson Darcy M. Erickson
LeVander, Gillen & Miller, P.A. LeVander, Gillen & Miller, P.A.
633 South Concord Street, Suite 400 633 South Concord Street, Suite 400
South St. Paul, MN 55075 South St. Paul, MN 55075
(651) 451-1831 (651) 451-1831
604516-v5
-8-
•
EXHIBIT A
SITE PLAN
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AGREEMENT RELATING TO
LANDOWNER IMPROVEMENTS
WITHIN CITY RIGHT OF WAY ON
LOT 1, BLOCK 2, FRIDEY PLAZA CENTER,
ANOKA COUNTY, MINNESOTA
AGREEMENT RELATING TO LANDOWNER
IMPROVEMENTS WITHIN CITY RIGHT OF WAY ON
LOT 1, BLOCK 2, FRIDLEY PLAZA CENTER,
ANOKA COUNTY, MINNESOTA
THIS AGREEMENT, made this day of , 2013, by and
between the City of Fridley (hereafter referred to as "City"), a Minnesota municipal
corporation, and Columbia Park Properties, L.L.P., a Minnesota limited liability partnership
f/k/a Columbia Park Properties, a Minnesota general partnership (hereafter referred to as
"Landowner"). Based on the covenants, agreements, representations and recitals herein
contained, the parties agree as follows:
ARTICLE 1
TERMS
1.1 Terms. Unless specifically defined elsewhere in this Agreement, the following
terms shall have the following meanings.
1.2 City. "City" means the City of Fridley, a Minnesota municipal corporation.
1.3 Subject Lot. "Subject Lot" means Lot 1, Block 2, Fridley Plaza Center,
according to the plat thereof on file and of record in the office of the Anoka County Recorder,
Anoka County, Minnesota. The Subject Lot is located in the City of Fridley, Anoka County,
Minnesota.
1.4 City Right of Way. "City Right of Way" means the sixty-eight (68) foot
dedicated street platted as Fourmies Avenue in the recorded plat of Fridley Plaza Center,
Anoka County, Minnesota located along the north boundary line of the Subject Lot.
1.5 Landowner. "Landowner" means Columbia Park Properties, L.L.P., a
Minnesota limited liability partnership formerly known as Columbia Park Properties, a
Minnesota general partnership, and its assigns and successors in interest with respect to the
Subject Lot.
1.6 Formal Notice. "Formal Notice" means notice given by one party to the other
if in writing and if and when delivered or tendered either in person or by depositing it in the
United States mail in a sealed envelope, by certified mail, return receipt requested, with
postage prepaid, addressed as follows:
IF TO CITY: City of Fridley
Attention: Director of Public Works
6431 University Avenue, N.E.
Fridley, MN 55432
IF TO LANDOWNER Columbia Park Properties, L.L.P.
Attn: Jeffrey D. Meyer
c/o Michael F. Hurley
Barna, Guzy & Steffen, Ltd.
200 Coon Rapids Boulevard, #400
Coon Rapids, MN 55433
-1-
or to such other address as the party addressed shall have previously designated by notice given
in accordance with this Section. Notices shall be deemed to have been duly given on the date
of service if served personally on the party to whom notice is to be given, or on the third day
after mailing if mailed as provided above, provided, that a notice not given as above shall, if it
is in writing, be deemed given if and when actually received by a party.
1.7 Landowner Improvements. "Landowner Improvements" means the curbing
and impervious surfacing and landscaping located within that portion of the City Right of Way
shown on the Site Plan attached hereto as Exhibit A.
1.8 City Improvements. "City Improvements" means all existing and future street
improvements (including curb and gutter, sidewalks and trails) and sanitary sewer, municipal
water and storm water pipes, conduits, culverts, ditches, catch basins, water collection
mechanisms, drainage facilities, and other utilities and appurtenances lying within the City
Right of Way now or in the future.
1.9 Site Plan. "Site Plan" means the final Site Plan, dated July 29, 2013, prepared
by BDH & Young, relating to Landowner Improvements. The Site Plan is on file with the
City.
1.10 City Utility Costs. "City Utility Costs" means all costs incurred by the City,
(whether performed by the City or its agents or contractors), for the inspection of and access to
and repair, maintenance and replacement of the City's Easement Improvements located in the
City Right of Way and the placement of additional City Improvements in the City Easement.
City Utility Costs, include, without limitation: excavation costs, labor costs, costs of removing
fill, costs of re-burying the City Improvements, re-compacting the soils over the City Right of
Way Improvements, restoring the City Right of Way area, and all engineering and attorneys'
fees incurred in connection therewith. City Utility Costs also include the costs of temporarily
removing the Landowner Improvements and subsequently replacing the Landowner
Improvements in the City Right of Way, if such costs have not already been paid by the
Landowner.
1.11 Pre-Encroachment Costs. "Pre-Encroachment Costs" means a reasonable
estimate by the City of the costs the City would have incurred for City Utility Costs if the
Landowner Improvements did not exist.
1.12 Cost Differential. "Cost Differential" means the difference between the Pre-
Encroachment Costs and the City Utility Costs caused by the existence of the Landowner
Improvements. The City's reasonable determination of the amount of the Cost Differential
shall be binding on the Landowner. The City's reasonable determination shall be appropriately
supported by cost estimates obtained from independent contractors or engineers.
ARTICLE 2
RECITALS
Recital No. 1. The undersigned Landowner is the fee title owner of the Subject Lot
located in Fridley, Anoka County, Minnesota.
Recital No. 2 A portion of the City Right of Way is on the Subject Lot as shown on
the Site Plan. The City owns the City Right of Way. The City Improvements are within the
City Right of Way and future City Improvements may be located within the City Right of
Way.
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Recital No. 3. Landowner has requested permission from the City to place Landowner
Improvements within that portion of the City Right of Way as shown on the Site Plan for the
benefit of the Subject Lot.
Recital No. 4. Subject to the terms of this Agreement, the City is willing to allow
the Landowner Improvements to be placed within the within the City Right of Way if the
following conditions are met:
a.) The Landowner maintains the Landowner Improvements;
b.) The Landowner agrees to pay the City any Cost Differential relating to
inspections, access, repair, maintenance and replacement of the existing City
Improvements and the placement of any future City Improvements in the City
Right of Way.
c.) The Landowner agrees to temporarily remove the Landowner Improvements in
the event the City has need to access the area where the Landowner
Improvements exist in order for the City to inspect, repair, maintain, and
replace the existing City Improvements or construct future City Improvements
in the City Right of Way.
d.) The Landowner agrees to modify the Landowner Improvements if the
Landowner Improvements interfere with the City Improvements.
NOW, THEREFORE, THE CITY OF FRIDLEY AND THE UNDERSIGNED
LANDOWNER, FOR THEMSELVES, AND THEIR SUCCESSORS, HEIRS AND
ASSIGNS DO HEREBY AGREE:
ARTICLE 3
AGREEMENTS
3.1 Construction And Maintenance Of Landowner Improvements. Under the
terms and conditions stated herein, the Landowner, at its own cost, is hereby authorized by the
City to make the Landowner Improvements within the portion of the City Right of Way as
shown on the Site Plan. The Landowner Improvements shall only be placed at the locations
specified in the Site Plan. The Landowner Improvements must be constructed according to the
Site Plan.
The Landowner shall not place any other structures, irrigation systems, buildings,
fences, landscaping, trees or shrubs within the City Right of Way, except for the Landowner
Improvements. After construction, the Landowner, at its own expense, shall maintain and
repair the Landowner Improvements.
3.2 City Not Responsible For Landowner Improvements. Nothing contained
herein shall be deemed an assumption by the City of any responsibility for construction,
maintenance, replacement or repair of the Landowner Improvements.
3.3 Continuing Right To City Easement. Nothing contained herein shall be
deemed a waiver or abandonment or transfer of the right, title and interest that the City holds
to the City Right of Way.
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3.4 Subordinate Position Of Landowner Improvements. The Landowner
Improvements are subordinate to the rights of the City in the City Right of Way and in the City
Improvements.
3.5 Risk Of Loss. The Landowner understands and agrees that the Landowner
Improvements within the City Right of Way may be adversely affected by use of the City Right
of Way. The parties agree that the City is not responsible for such events; the City shall have
no liability to the Landowner for such events. The Landowner assumes the risk of installing
the Landowner Improvements in the City Right of Way area.
3.6 Landowner To Bear Cost Of Relocating Landowner Improvements. The
City is responsible for the repair and maintenance of the City Improvements in the City Right
of Way.
The City may require the Landowner to temporarily remove and subsequently replace
the Landowner Improvement in the City Right of Way in order for the City to gain access to
the City Improvements for the purpose of inspecting, repairing, maintaining, or replacing, the
City Improvements or adding future City Improvements.
Utility companies (including but not limited to gas, electric, telephone and cable utility
companies) may require the Landowner to remove the Landowner Improvements in the City
Right of Way in order for the utility company to gain access to the utilities for the purpose of
inspecting, repairing, maintaining, upgrading, relocating, or replacing the utilities or adding
future utilities.
If the Landowner does not perform such tasks, the City may perform such tasks and in
such case the Landowner shall reimburse the City for the City's costs and expenses. Prior to
commencing such tasks, the City shall send Formal Notice to the Landowner and allow the
Landowner thirty (30) days from the date of the Formal Notice to perform the tasks. If the
Landowner has not completed the work within the thirty (30) days, then the City may proceed
to perform the tasks. Once the City's costs and expenses have been determined by the City,
the City shall send an invoice for such costs and expenses to the Landowner. The Landowner
must pay the invoice within thirty (30) days after the date of the invoice. Such costs and
expenses include, but are not limited to, reasonable costs charged to the City by third parties
such as contractors as well as the costs for City personnel that may have performed the work.
Bills not paid shall incur the standard penalty and interest established by the City for utility
billings within the City.
3.7 Emergency. Notwithstanding the requirements contained in Sections 3.6
relating to a thirty (30) day Formal Notice to the Landowner to perform its obligations under
Sections 3.6, the City shall not be required to give such Formal Notice if the City's Public
Works Director or the Public Works Director's designee determines that an emergency exists.
In such instance, the City, without giving Formal Notice to the Landowner may perform the
work and in such case the Landowner shall reimburse the City for the costs and expenses
relating to the work. Once the City's costs and expenses have been determined by the City,
the City shall send an invoice for such costs and expenses to the Landowner. The Landowner
must pay the invoice within thirty (30) days after the date of the invoice. Such costs and
expenses include, but are not limited to, costs charged to the City by third parties such as
contractors as well as the costs for City personnel that may have performed the work. Bills not
paid shall incur the standard penalty and interest established by the City for utility bills within
the City.
3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or
inspection, maintenance, repair or replacement of the City Improvements or relating to
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construction of new City Improvements in the future, then the Landowner shall pay the Cost
Deferential to the City. The Landowner must make payment for the Cost Deferential within
30 days after the City has sent a written invoice for the Cost Deferential to the Landowner.
3.9 Modifications To Landowner Improvements. If in the future the City
reasonably determines that the Landowner Improvements interfere with access for inspection or
with repair, maintenance, reconstruction, or replacement of City Improvements, then the
Landowner, at its own expense, shall make such modifications to the Landowner
Improvements as directed by the City. Such modifications may include, but are not limited to,
reconfiguration, removal and relocation of the Landowner Improvements.
If Landowner does not make the modifications, the City may make the modifications
and in such case the Landowner shall reimburse the City for the City's costs and expenses.
Prior to commencing such modifications, the City shall send Formal Notice to the Landowner
and allow the Landowner thirty (30) days from the date of the Formal Notice to make the
modifications. If Landowner does not completely make the modifications, the City may
proceed to make the modifications. Once the City's costs and expenses have been determined
by the City, the City shall send an invoice for such costs and expenses to the Landowner. The
Landowner must pay the invoice within thirty (30) days after the date of the invoice. Such
costs and expenses include, but are not limited to, reasonable costs charged the City by third
parties such as contractors as well as the costs for City personnel that may have performed the
work relating to the modifications.
3.10 Remedies. If the Landowner fails to perform their obligations under this
Agreement, then the City may avail itself of any remedy afforded by law or in equity and any
of the following non-exclusive remedies:
a.) The City may specifically enforce this Agreement.
b.) If the Landowner fails to make payments under Section 3.6, 3.7, 3.8 or 3.9,
then the City may certify to Anoka County the amounts due as payable with the
real estate taxes for the Subject Lot in the next calendar year; such certifications
may be made under Minnesota Statutes, Chapter 444 in a manner similar to
certifications for unpaid utility bills. The Landowner waives any and all
procedural and substantive objections to the imposition of such usual and
customary charges on the Subject Lot.
Further, as an alternate means of collection, if the written billing is not paid by
the Landowner, the City, without notice and without hearing, may specially
assess the Subject Lot for the costs and expenses incurred by the City. The
Landowner hereby waives any and all procedural and substantive objections to
special assessments for the costs including, but not limited to, notice and hearing
requirements and any claims that the charges or special assessments exceed the
benefit to the Subject Lot. The Landowner waives any appeal rights otherwise
available pursuant to Minnesota Statute § 429.081. The Landowner
acknowledges that the benefit from the performance of tasks by the City equals
or exceeds the amount of the charges and assessments for the costs that are
being imposed hereunder upon the Subject Lot.
No remedy herein conferred upon or reserved to the City shall be exclusive of any
other available remedy or remedies, but each and every such remedy shall be cumulative and
shall be in addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power or shall be construed to be a
-5-
waiver thereof, but any such right and power may be exercised from time to time and as often
as may be deemed expedient.
3.11 Indemnification. The Landowner shall indemnify, defend and hold the City, its
council, agents, consultants, attorneys, employees and representatives harmless, except for the
gross negligence of the City, its council, agents, consultants, attorneys, employees and
representatives, against and in respect of any and all claims, demands, actions, suits,
proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and
deficiencies including interest, penalties and attorneys' fees, that the City incurs or suffers,
which arise out of, result from or relate to any of the following:
a.) The Landowner Improvements;
b.) Installation and maintenance of the Landowner Improvements;
c.) Failure by the Landowner to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
Agreement; and
d.) Use of the City Right of Way for Landowner Improvements.
3.12 City Duties. Nothing contained in this Agreement shall be considered an
affirmative duty upon the City to perform the Landowner's obligations contained in Article 3 if
the Landowner does not perform such obligations.
3.13 No Third Party Recourse. Third parties shall have no recourse against the
City under this Agreement.
3.14 Recording. The Landowner shall record this Agreement with the Anoka
County Recorder against the Subject Lot and within 30 days after the date of this Agreement,
the Landowner shall present evidence to the City that this Agreement has been recorded.
3.15 Binding Agreement. The parties mutually recognize and agree that all terms
and conditions of this recordable Agreement shall run with the Subject Lot and shall be binding
upon the heirs, successors, administrators and assigns of the parties.
Upon request by the Landowner, the City will prepare for the Landowner, at standard
City charges, a special assessment search indicating the extent to which, if any, there is a levied
or pending special assessment under Section 3.10 hereof.
3.16 Amendment And Waiver. The parties hereto may by mutual written
agreement amend this Agreement in any respect. Any party hereto may extend the time for the
performance of any of the obligations of another, waive any inaccuracies in representations by
another contained in this Agreement or in any document delivered pursuant hereto which
inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by
another with any of the covenants contained in this Agreement and performance of any
obligations by the other or waive the fulfillment of any condition that is precedent to the
performance by the party so waiving of any of its obligations under this Agreement. Any
agreement on the part of any party for any such amendment, extension or waiver must be in
writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall
constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver
constitute a continuing waiver.
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3.17 Governing Law. This Agreement shall be governed by and construed in accord
with the laws of the State of Minnesota.
3.18 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
3.19 Headings. The subject headings of the sections in this Agreement are included
for purposes of convenience only, and shall not affect the construction of interpretation of any
of its provisions.
3.20 Authority. The Landowner represents and warrants that it owns the Subject Lot and
that it has the right, power, legal capacity and authority to enter into and perform its obligations
under this Agreement, and no approvals or consents of any persons are necessary in connection with
the authority of the Landowner to enter into and perform its obligations under this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the year and day
first set forth above.
CITY OF FRIDLEY LANDOWNER
By:
Scott Lund, Mayor Jeffrey D. Meyer
Executive Managing Partner
Walter Wysopal, City Manager
[The remainder of this page is intentionally left blank.]
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STATE OF MINNESOTA )
) ss:
COUNTY OF ANOKA )
On this day of , 2013, before me a Notary Public
within and for said County, personally appeared Scott Lund and Walter Wysopal to me
personally known, who being each by me duly sworn, each did say that they are
respectively the Mayor and City Manager of the City of Fridley, the municipality named
in the foregoing instrument, and that the seal affixed to said instrument was signed and
sealed in behalf of said municipality by authority of its City Council and said Mayor and
City Manager acknowledged said instrument to be the free act and deed of said
municipality.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF ANOKA )
On this day of _ _ _, 2013, before me a Notary Public within
and for said County, personally appeared Jeffrey D. Meyer, Executive Managing
Partner of Columbia Park Properties, L.L.P., a limited liability partnership formerly
known as Columbia Park Properties, a general partnership, under the laws of the
Minnesota, and who executed the foregoing instrument on behalf of said limited liability
partnership and acknowledged that he executed the same as his free act and deed.
Notary Public
AFTER RECORDING, PLEASE
THIS INSTRUMENT DRAFTED BY: RETURN THIS INSTRUMENT TO:
Darcy M. Erickson Darcy M. Erickson
LeVander, Gillen & Miller, P.A. LeVander, Gillen & Miller, P.A.
633 South Concord Street, Suite 400 633 South Concord Street, Suite 400
South St. Paul, MN 55075 South St. Paul, MN 55075
(651) 451-1831 (651) 451-1831
604516-v5
-8-
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r ITEM
CITY COUNCIL MEETING OF SEPTEMBER 9, 2013
CRY OF
FRIDLEY
INFORMAL STATUS REPORTS
80