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CCA 07/14/2014 � � CITY COUNCIL MEETING OF JULY 14, 2014 CRY OF FRIQLEY 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 (6:00 P.M.) 1. Organized Refuse Hauling Informational Update CITY COUNCIL MEETING (7:00 P.M.) PLEDGE OF ALLEGIANCE. PROCLAMATION: Night to Unite—August 5, 2014 SERVICE REPORT: 2014 Fridley Safety Camp APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 23, 2014 - ................................................................. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 1. Receive the Minutes from the Planning Commission Meeting of June 18, 2014 ............................................................................. 4 - 15 2. Resolution Approving Final Plat, P.S. #14-03, and Removing Reserved Drainage and Utility Easements by Trident Development, LLC, on Behalf of the Property Owner, the City of Fridley's Housing and Redevelopment Authority, to Allow the Redevelopment of the Properties Commonly Known as "Gateway NE", Generally Located at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061, and 6071 University Avenue N.E. (Ward 1) .................................................................................. 16 - 27 3. Special Use Permit Request, SP #14-04, by Walker Sign Holdings, LLC; d/b/a Lawrence Sign, to Allow an Electronic Changeable Sign, Generally Located at 7451 East River Road N.E.; and Resolution Approving Special Use Permit, SP #14-04, for Walker Sign Holdings, LLC; d/b/a Lawrence Sign, on Behalf of Realty Income Properties 3, LLC, the Property Owner of Super America, Located at 7451 East River Road N.E. (Ward 3) ............................................................ 28 - 37 4. Resolution Approving and Authorizing Execution of State of Minnesota Agency Agreement between the Department of Transportation and City of Fridley for Federal Participation in Construction Engineering for S.P. 127-591-002; M.P. SRTS 0212(088) ............................................... 38 - 48 5. Resolution Approving and Authorizing Execution of State of Minnesota Agency Agreement between the Department of Transportation and City of Fridley for Federal Participation in Force Account for S.P. 127-591-003; M.P. SRTS 0212(088) ............................................... 49 - 60 FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 6. Approve Change Order No. 1 for Street Rehabilitation Project No. ST2014-01 ................................................................................. 61 - 64 7. Approve Perpetual Ponding, Storm Water Drainage, and Access Easement between the City of Fridley; Allina Health Systems, d/b/a Unity Hospital; and North Suburban Hospital District; and Approve Storm Water Maintenance Agreement between the City of Fridley; Allina Health Systems, d/b/a Unity Hospital; and North Suburban Hospital District (Ward 1) .............................. 65 - 87 8. Approve Improvement Agreement between the City of Fridley, Metropolitan Transportation Network and Tashitaa Tufaa and Nediyo Sado, for the Property Located at 8260 Hickory Street N.E. (Ward 3) ............................................. 88 - 112 9. Approve Storm Water Maintenance Agreement befinreen the City of Fridley, and Tashitaa Tufaa and Nediyo Sado, for the Property Located at 8260 Hickory Street N.E. (Ward 3) ....................................................................................................... 113 - 133 10. Approve Engagement Letter between the City of Fridley and Moss & Barnett, for Legal Representation Regarding the Proposed Transfer of the Cable Franchise Currently Held by Comcast Communications .............................. 134 - 138 11. Appointment— City Employee ...................................................................... 139 12. Claims (164417 — 164677) .......................................................................... 140 - 160 13. Licenses ....................................................................................................... 161 - 164 14. Estimates ....................................................................................................... 165 FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 4 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. ADOPTION OF AGENDA: PUBLIC HEARING: 15. Consideration of a Rezoning Request, ZOA#13-02, by the City of Fridley, to Consider Rezoning Property, Legally Described as Auditor Subdivision 39, from C-2, General Business, to M-2, Heavy Industrial, Generally Located at 3720 East River Road N.E. (Ward 3) (Continued December 9, 2013) ................................................................... 166 - 167 NEW BUSINESS: 16. Special Use Permit Request, SP #14-03, by A-ABCO Recycled Auto Parts, to Expand the Auto Recycling Center, which is Zoned M-1, Light Industrial, Generally Located at 1175 — 73 'h Avenue N.E.; and Resolution Approving Special Use Permit, SP #14-03, for A-ABCO Recycled Auto Parts on Behalf of Rylund Properties, the Property Owner for 1175 — 73 '/2 Avenue N.E. (Ward 2) ....................................................................................................... 168 - 176 17. Variance Request, VAR #14-02, by A-ABCO Recycled Auto Parts, to Increase the Fence Height Requirement from 8 Feet to 10 Feet, for the Purpose of Screening the Storage for the Expansion of an Auto Recycling Use in an M-1, Light Industrial Zoning District, Generally Located at 1175 — 73 '/2 Avenue N.E.; and Resolution Approving Variance, VAR #14-02, to Increase the Fence Height Requirement for an Auto Recycling Center Use from 8 Feet to 10 Feet, for the Property Located at 1175 — 73 'h Avenue N.E., Owned by Rylund Properties, Petitioned by A-ABCO Recycled Auto Parts (Ward 2) ....................................................... 177 - 188 FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 PAGE 5 NEW BUSINESS (CONTINUED►: 18. Informal Status Reports ................................................................................ 189 ADJOURN. � f CIIY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2014 7:00 p.m. — City Council Chambers Attendance Sheet Please print name, address and item number you are interested in. Print Name (Clearlyj Address Item No. ��r r S �l S 7�4G'' .'�H-��'.V- • f�"1/�' nrnU �j, ' - , . � - ,� -� �, �at`-�,`�, ✓,:��_,� -j � � � � �- -- ;�11 I�z� `�� ) ;�� � � ��� ��1 ��'� � r- f"��� � � ' � rf� - ";.�! ' �`� �%�% �.�;�C` a:>.� � G�t.���'`%• ��r-� f f��(, • /� /� "� , � L�, .i� l � � - �� , �� ��� �� � � r-�l /�� / !L��� � c�. �r� 1`�' �r"�'� �,���j /'✓( (j � � /Y ' /� ✓ J�. /'����..�' /�.�..� � �3 i ��,-�.���.... � . v �rv�- � � 5" f-�c.� Iv /��' � `� ., t� � CfIYOF '� FRIDLEY I 1Vight to Unite�0�4 Tuesday, Aug�ust s, �or4 WHEREAS, the Minnesota Crime Prevention Association, along with AAA, and local law enforcement agencies are sponsoring a statewide program calle� "Night to Unite" on August S, 2014; and WHEREAS, Night to Unite is designed to get to know one another in your neighborhood, build neighborhood involvement by bringing police and communi�es together; and to bring an awareness of crime prevention and local law enforeetrtent efforts; �zn� . WHEREAS, Night to LTr�ite supparts the i��a,�that c�ime preuen�`ivn �s ai�:��expensive, effective tool in strengthening p�lzce and c�mmuz�ity partner�,��iips; and a�,�F��� ��. � WHEREAS, Night to Unat� prQUides op��tuniti�� to celebrate :€he ��going work of law enforcement and n�ighborlx�xods i� the G�ty of� 4 idley`�r��? t��tr�ki�g ta �ter �o fight crime and victimization and increase�idic'safery far al��itizens; arczl - , . WHEREAS, the citizens of the Ciry of Fridley play an i�portant role in�zssisting the Fridley Police Department throu��i joint crime, dru�and viole�tce prevent�on effort.�; ;' NOW, THERE�ORE, BE IT RESOLVED that I, Scott J. Lund, Mayor crf'the City of Fridley, do hereby proclaim Tuesday, August S, 2014, as: NIGHT TO UNITE BE IT FURTHER RESOLVED, that I, Mayor Scott J. Lund, do hereby call upon all citizens in the Ciry of Fridley to participate in Night to Unite on August S, 2014. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be a�xed this 14`"day of July, 2014. Scott J. Lund, Mayor CITY COUNCIL MEETING CITY OF FRIDLEY JUNE 23,2014 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:06 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Bolkcom Councilmember Varichak Councilmember Saeflce OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director PROCLAMATION: Women of Today Founder's Day SERVICE REPORT: Fridley `49er Days APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 9, 2014. APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof(Ward 1). WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1317 ON SECOND READING AND ORDERED PUBLICATION. 2. Claims (1406 ACH PCard and 164223-164415). APPROVED. 1 FRIDLEY CITY_COUNCIL MEETING OF JUNE 23.2014 PAGE 2 3. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 4. Estimates. Astech Corporation, Inc. P.O. Box 1025 St. Cloud, MN 56302 2014 Street Rehabilitation Project No. ST2014-01 EstimateNo. 2 ........................................................................................ $257,402.59 APPROVED. APPROVAL OF CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Consent Agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: Linda Abbott, 5390 7�' Street NE, thanked Mayor Lund and the City Council for their service for the City of Fridley and residents. She was there to ask about the product that is added to municipal water to produce fluoridation. She learned the FDA is the agency that demands manufactures seeking to sell drugs over the counter or by prescription to prove they aze safe. She asked if the product the vendor, Hawkins, Inc., uses for the fluoridation in Fridley's water is safe and effective and approved by the FDA. Mayor Lund said he was not sure but would check with staff. Councilmember Saefke said he could give Ms. Abbott the information on the chemical composition but he could not confirm one way or the other. Ms. Abbott said if the product is not approved by the FDA, it is unethical and fraud. She said she thinks Fridley wants to offer safe water for residents. Mayor Lund said Fridley's water is highly regulated through different government agencies, and Fridley annually produces a water quality report. He said the requested information may be covered in that report. He will forwazd her request to staff and get back to her. Councilmember Bolkcom asked if Ms. Abbott talked to the Director of Public Works who sends out the water study. 2 FRIDLEY CITY COUNCIL MEETING OF JUNE 23.2014 PAGE 3 Ms. Abbott said she talked to Kory Jorgensen and the Minnesota Department of Health. Mayor Lund stated that Kory is the head of the Water Division. He asked what kind of response she got. Ms. Abbott replied that Kory said Fridley buys the product in bulk from Hawkins, Inc., at $4.60 per gallon in an average of three years, and that is how much Fridley pays to fluoridate the water. Scott Hickok, Community Development Director, said at the last meeting a gentleman spoke at the "Open Forum" asking staff to look at some things and answer some questions regarding parking. Staff has answered the questions. He said he would send a letter to the person and answer his questions. Councilmember Bolkcom asked him to summarize the report. Mr. Hickok said the gentleman is the most southwestern resident in the City, and his front yard looks out to the rail yard. He wanted to use the property across the street for parking and was asking if there was any jurisdiction for him not to park there. The rail owns the property and does not have the authority to give permission for people to park on the grass, which is an unapproved parking surface. 'The rail personnel will drive on the property for the rail industxy use. Staff is enforcing the law consistently across the board. The resident would need permission to park there and would have to park on an approved parking surface like asphalt. Councilmember Bolkcom announced there will be another recycle drop-off day on July 26 from 9 a.m. to 1 p.m. due to the bad spring weather. Residents will be getting a postcard in the mail with the details. The next drop-off after that is in October. 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 7:33 P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor 3 PLANNING COMMISSION MEETING CITY OF FRIDLEY June 18,2014 ' Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. ROLL CALL: MEMBERS PRESENT: Leroy Oquist David Kondrick Brad Sielaff Tim Solberg Todd Olin MEMBERS ABSENT: Dean Saba OTHERS PRESENT: Scott Hickok, Community Development Director Stacy Stromberg,Planner Christopher Clos,A-ABCO Recycled Auto Parts Sheri King,Lawrence Sign Approval of Minutes: April 16,2014 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP #14-03, by A-ABCO Recycled Auto Parts to expand the auto recycling center,which is zoned M-1,Light Industrial, generally located at 1175-73 1/2 Avenue NE. MOTION by Commissioner Solberg to open the public hearing. Seconded by Commissioner Oquist. UPON A VQICE VOTE ALL VOTING AYE, CHAIltPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:03 P.M. Stacy Stromberg, Planner, stated the petitioner is seeking a special use permit to expand the auto recycling center use that currently exists at 1201-1231 73rd Avenue and 7360 Central Avenue to the property located at 1175 - 73 1/2. The subject property is zoned M-1, Light Industrial, as are the properties to the west, east and south. The properiy to the north is zoned C-3, General Shopping and is used as a parking lot for Friendly Chevrolet. The property was replatted and rezoned from C-3, General Shopping to M-1, Light Industrial in 1994. That same year, the existing office/warehouse building was constructed. In 1995,two special use permits were approved to allow retail services and a repair garage. Ms. Stromberg stated according to the petitioner, A-ABCO Auto Parts originally occupied the property 4 Planning Commission Meeting June 18, 2014 Page 2 of 12 at 7360 Central Avenue as early as 1946. Overtime,three automobile recycling yards, A-ABCO,Central, and Sam's Auto Parts located in this area. In 2006, the City started requiring each of the auto recycling centers to bring their properties into compliance with code requirements. As a result, several improvements were made to the site, including but not limited to, soil testing, the installation of storm ponds and landscaping. Sam's Auto Parts is still in the process of achieving compliance with their special use permit. Ms. Stromberg stated in 2010, Central Auto Parts sold their properiy at 1201 - 73 %z Avenue to A-ABCO Auto Parts. Therefore, A-ABCO now owns all the parcels along 73 '/z Avenue from the subject property at 1175 - 73 '/2 Avenue to Central Avenue. Ms. Stromberg stated A-ABCO is currently leasing a warehouse at 1201 - 73rd Avenue to store their inventory of parts and they would like to instead purchase the properiy at 1175 - 73 %z Avenue to use for their business. They would move their warehouse inventory to their existing retail building at 7360 Central Avenue, so all the retail business with customers can take place in this building. T'hey will then move the production part of their business that is currently in the retail building to the building at 1175 - 73 '/z Avenue. Moving the production part of their business to the building at 1175 - 73 '/z Avenue will reduce machinery traffic and move the daily operations away from the customer's highly traveled areas to create a safer environment. A-ABCO plans to use the front parking spaces on the subject property for employee's vehicles and to unload vehicles when they are towed in. The building itself will then be used to dismantle vehicles and the back of building will be used to get the vehicles in and out of the building. It is the petitioner's hope to operate the subject property this way; however the building may be used for warehousing instead of production if the inside of the building isn't suitable to production. If that is the case, the production and retail store will remain in the building on Central Avenue and the warehousing will take place in the building on the subject property. Ms. Stromberg stated the petitioner is also seeking a variance at this time to increase the height of a screening fence from 8 feet to 10 feet. Currently A-ABCO has a 10-foot fence along 73 '/2 Avenue which screens the business activity from the public right-of-way and provides the security the business needs. They would like to continue the 10-foot screening fence across the front of the subject property along 73 '/z Avenue and then around the remainder of the property. The east side of the property will be open to allow access to and from A-ABCO existing property to the subject property. Ms. Stromberg stated City Code allows auto recycling centers with a special use permit, provided they meet requirements for drainage, pollution control, parking, screening, business licensing, facilities and scope. Ms. Stromberg stated overall the subject property as it currently exists today will not change from an outward appearance. All operations for the auto recycling center will take place within the existing building, either through production or warehousing and office. The front parking lot will be used for employee parking and the rear lot will be left open to maneuver vehicles in and out of the building if need be. The petitioner only expects that if they have any storage behind the building it will be for metal recycling bins. Ms. Stromberg stated there is a storm pond on site, which will be required to be repaired and retrofitted to current City standards. There are several large trees on the subject property that will likely be located on the outside of the new fence. City staff will require that the petitioner submit a landscape plan for the entire boulevard area on 73 '/z Avenue to create a consistent, aesthetically pleasing view of the boulevard 5 Planning Commission Meeting June 18, 2014 Page 3 of 12 area. The parking that exists on site is adequate and will help with the businesses current parking needs. Ms. Stromberg stated City Staff recommends approval of this special use permit with stipulations and timeline. An automobile recycling center is permitted as a special use in the M-1 Light Industrial zoning district subject to stipulations. Ms. Stromberg stated City Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall comply with all building and fire code requirements. 2. The petitioner shall apply for any necessary permits, including a fence permit, prior to construction or demolition taking place on site. 3. No towed vehicles shall be parked or stored in the front parking lot prior to installation of screening fence 4. New gates installed on the subject property shall remain closed except for when entering and exiting to provide proper screening. 5. The petitioner shall comply with any requirements set forth by the Rice Creek Watershed district. 6. The petitioner shall comply with any requirements set forth by the City's engineering staff for the existing storm pond. 7. The petitioner shall file a modified storm pond maintenance agreement for the existing pond if required by the City's engineering staff. 8. The petitioner shall submit a landscape and irrigation plan for the boulevard area along 73 '/s Avenue to be reviewed and approved by City staff prior to installation of fence. 9. The petitioner shall remove the 5 feet of rock along the west edge of property and replace with sod and irrigation prior to fence installation. 10. The petitioner shall obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. 11. Any new signs installed on the property will require a sign permit. Chairperson Kondrick asked how many employees do they have? How many ca.rs will be in front of there? They will want to have some cars stored there for a long or short time. Ms. Stromberg stated that is a good question for the petitioner. Commissioner Oquist stated he is a little confused as to what this property is going to be used for. Commissioner Olin asked staff to comment on the condition of the existing fence. The picture was not very clear on how the condition is generally. Ms. Stromberg replied she believed the fence shown in the photo was installed in 2010. It is in preriy good condition. Staff has been working really hard with the salvage yards to get them into compliance over the last 10 or so years. Commissioner Olin stated so the intent would be to have sort of a uniform look, extend it going down the street. Stacy Stromberg,Planner, stated,yes. 6 Planning Commission Meeting June 18, 2014 Page 4 of 12 Scott Hickok,Community Development Director, stated to get that 10 feet of height that is being sought, that is really a structural element that needs to be considered as well as just increasing the height because a fence like this needs to stand up to over 80 mph wind loads. It is quite a structure that goes behind that � fence. The petitioner has quite an investment in that fence and will want to maintain it very well also. They have done a nice job of maintaining both that fence and the one at the former Central Auto Parts location. Commissioner Sielaff stated he was kind of curious why they want to go to 10 feet. 'They do not have to go that high,only 8 feet according to ordinance. Ms. Stromberg stated the ordinance states 8 feet, but the petitioner would like to go to 10 because they I� feel it helps hide their operation more and also helps with security. �' Commissioner Olin asked regarding the renovating of the existing pond, is the potential scale of that renovation known? Or is that kind of an unknown until more information is collected? Ms. Stromberg stated,the City Engineer is actually taking a look at it right now and hopes to get back to the petitioner with his recommendation on what exactly he thinks needs to be done and whether they need to hire somebody to help analyze that. Commissioner Olin asked, in a worst-case scenario the City is pretty confident that whatever needs to be done will in fact be done? Ms. Stromberg replied,yes. Christopher Clos, A-ABCO Recycled Auto Parts, stated the front parking would not be used for employee parking and storing of towed cars. After hours if a car is dropped off they would like the tow truck driver to be able to open the gate, store inside the screened fence area, and then in the morning they would take it out of there. It would be mainly for after hour drop-offs or during business hours employee parking. At that location they are looking at about 20 employees. Chairperson Kondrick stated 20 employees, so they could have 20 cars there. Mr. Clos replied,yes, and they would be behind the screened fence. That is one of their big deals. They want it to be uniform with that current fence plus be able to screen for after hours. They do not want to give the tow truck drivers full access to the yard;therefore,they would actually end up with two gates. A gate they would come through and then a gate that kind of currently exists keeping the drivers from having access to the yard. Chairperson Kondrick asked Mr. Clos if he understood Commissioner Olin's concern about the retention pond? Mr. Clos replied, yes,they are his concerns,too. He has been working with Ms. Stromberg about it. It is not a deal breaker. He cannot imagine it being too drastic. That pond has been accepted once so he cannot imagine it has changed too much. Commissioner Oquist asked Mr. Close,they will be bringing vehicles into this building and taking them 7 Planning Commission Meeting June 18, 2014 Page 5 of 12 apart? Mr. Clos replied, that is kind of all up in the air. They want to take the two buildings and either one is going to be warehouse and the other is going to be production or vice versa. It really stems off of the current building they own, the old Central Auto Parts building. It is in fairly rough shape, and they are trying to determine if it is cheaper just to wipe it out and rebuild a whole new building and, if that is the case,then they build it to suit. Commissioner Oquist asked, what do they do with the gate if their entrance is off of Old Central? Do they not bring the vehicles in there and then they take them apart in the lot? Mr. Clos replied, not in the lot. They do it inside. They do it inside their current building that is on the corner of 73 '/2 and Central Avenue. They have five hoists in there. They want a larger building to do this in. Commissioner Oquist stated then he is saying instead of bringing them off of Central,they are going to be bringing them off of 73 '/z, one of the two buildings. Mr. Clos replied, exactly. Currently they have three gates on 73 '/z that are not being utilized like they could. If their warehouse space and production were back there,they could bring cars back there. Take it kind of off Central and bring it back more into that industrial area. Mr. Clos stated as to wanting the fence to be 10 feet,there are two major reasons. Their racking is all 10 feet. If they have an 8-foot fence you will see all these body parts. Also,their equipment,their front-end loaders,those are 10-11 feet high; and their car crusher is taller than 10 feet. Chairperson Kondrick stated they talked about this last time and they gave authorization for that. He asked Mr. Clos if he had a chance to see the 11 stipulations? Mr. Clos stated for the most part he was okay with them. He has a couple of questions he feels they could definitely work out together. One of them is the rock bed. He asked whether they were talking about the rock bed inside the fence line? Ms. Stromberg replied, correct. Mr. Clos stated throughout the existing properiy they currently own, they do not have any irrigation inside the fence line. He was wondering what would be the use of the irrigation for that and it is inside their fence. Mr. Hickok stated in the City Code it does require front and side yard irrigation and vegetation that does requires runoff so you do not have any soil erosion happening. Being that this site really does not have a lot of vegetative area(soft area), pervious area,this would kind of bring it back to having some landscape in there. From talking to Mr. Clos the City's understanding is there would be an opening between 1175 and the property that is labeled, "1201" for example, in there. That is some landscape that goes away, and basically this would be impervious area that would be green. Granted it is inside a fence and one might say,who does it benefit? They are simply trying to be consistent with the Code that requires front, inside yard irrigation and coverage of land area so it does not soil erode. 8 Planning Commission Meeting June 18, 2014 Page 6 of 12 Chairperson Kondrick stated he thinks Mr. Hickok can understand Mr. Clos' curiosity as to why. No one is going to see it except him and his employees or someone dropping off a car. Mr.Hickok stated this record would help later tell the story why. Commissioner Sielaff stated you can still have erosion on the inside just as well as on the outside. Mr. Hickok replied, that is true. They are trying to keep the storm sewers clean, and the pond itself. And maybe to touch on the pond a little bit, there seems to be a bit of a mystery as to what is being suggested there. He does not think it is much to be feared. Ponds over time can silt in. What the City's engineer wants to do is just take a look and make sure the pond is still meeting the capacity requirements of when it was built. That silting in does happen from soil erosion. Mr.Clos asked, is not rock suitable drainage,too? To stop erosion. Mr.Hickok replied, it is suitable drainage. It is not greenspace. It does allow the water to perk through. Whether in heavy rains it stabilizes the soil and holds it as well as seed or sod is a question up for debate. A cap of sod or well-grown seed that is tight knit is probably a better cover for erosion. Mr. Clos stated in the back building that will be used for recycling bins,that would be under the scenario ' that they would be dismantling there. If there was a warehouse they would probably more than likely want to put racks of parts there. Commissioner Oquist asked Mr. Clos, if they are going to do their production waste in this building, is there going to be containment of hazardous waste? Antifreeze, oil,transmission oil,battery acids? Mr. Clos replied, it does have a catch basin in that building. They would be checking all that out and would have to get the proper government out there. Mr. Hickok replied, that is inspected by the County hazardous waste folks as well on an ongoing basis. Those reports are provided to the City on an annual basis. MOTION by Commissioner Solberg 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 CLOSED AT 7:26 P.M. Commissioner Oquist stated he guessed he did not have a problem with this, just a problem with it overall. Recycling center in the middle of the City. That has always bothered him. It is there and they cannot do anything about it. He wants to make sure those hazardous wastes are under control. There are a lot of things that can be soaked into the ground and into the water supplies. Commissioner Olin stated he agrees with that. In his experience with the EQEC some of that goes to the issue of having some gound cover of living plants. There is no substitute for a healthy root system as far as soil erosion and acting as sort of a filter. Especially with things like phosphorous but anything with those particular phases we well. MOTION by Commissioner Sielaff approving Special Use Permit, SP #14-03, by A-ABCO Recycled 9 Planning Commission Meeting June 18, 2014 Page 7 of 12 Auto Parts to expand the auto recycling center, which is zoned M-1, Light Industrial, generally located at 1175 -73 1/2 Avenue NE with the following stipulations: 1. The petitioner shall comply with all building and fire code requirements. 2. The petitioner shall apply for any necessary permits, including a fence permit, prior to construction or demolition taking place on site. 3. No towed vehicles shall be parked or stored in the front parking lot prior to installation of screening fence 4. New gates installed on the subject property shall remain closed except for when entering and exiting to provide proper screening. 5. The petitioner shall comply with any requirements set forth by the Rice Creek Watershed district. 6. The petitioner shall comply with any.requirements set forth by the City's engineering staff for the existing storm pond. ! 7. The petitioner shall file a modified storm pond maintenance agreement for the existing pond I if required by the City's engineering staff. 8. The petitioner shall submit a landscape and irrigation plan for the boulevard area along 73 '/z Avenue to be reviewed and approved by City staff prior to installation of fence. 9. The petitioner shall remove the 5 feet of rock along the west edge of property and replace with sod and irrigation prior to fence installation. 10. The petitioner shall obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. 11. Any new signs installed on the property will require a sign permit. Seconded by Commissioner Oquist. UPON A VOICE VOTE ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #14-04, by Walker Sign Holdings, LLC, d/b/a Lawrence Sign, to allow an electronic changeable sign,generally located at 7451 East River Road. MOTION by Commissioner Oquist 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 OPENED AT 7:29 P.M. Stacy Stromberg, Planner, stated the petitioner, Ashley Solsrud-Beckman, of Lawrence Sign, who is representing the Super America at 7451 East River Road, is requesting a special use permit to allow the retrofit of the existing manual pricing sign,to an electronic pricing sign on the existing pylon sign. Ms. Stromberg stated an 80 syuare foot freestanding sign already exists on the subject property. The existing sign will remain as is, with the only change being to remove the existing manual pricing signs with new LED price signs. 10 Planning Cominission Meeting June 18, 2014 Page 8 of 12 Ms. Stromberg stated the subject property is located on the southeast corner of.Osborne Road and East River Road. The property is zoned C-2, General Business. In 1965 a service station and store were constructed on the property. The pylon sign was originally constructed in 1966, but it has been modified several times over the years. The records indicate that a special use permit was issued in 1972 to allow a continued use of a service station. A special use permit was also issued in 1984, when Super America purchased the properiy for a gas station use, as the use was expanding. Ms. Stromberg stated electronic changeable signs are an approved special use in any zoning district, except residential, provided the message does not change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning district, in which the property is located. The subject property is zoned, C-2 General Business, which requires that free standing signage cannot exceed 80 square feet in size. The existing sign meets that size requirement as will the new sign. The total sign area of the sign with the retrofit to LED price sign is 80 square feet with the LED piece of the sign being 16 square feet. Ms. Stromberg stated City staff recommends approval of the special use permit as electronic changeable signs are an approved special use in the commercial zoning district,provided the sign complies with Code requirements, subject to stipulations. Ms. Stromberg stated City staff recommends that if the special use permit is granted, the following I stipulations be attached: 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Chairperson Kondrick stated they have had these petitions before. It is a very busy gasoline station. In the wintertime he sees the gals out there with their long stick trying to change the numbers, and he is sure it can.be a real difficult job. He has no problems with this as long as the stipulations are adhered to. Commissioner Olin stated he is not entirely familiar with the existing sign but he is assuming it is fluorescent backlit at night and not lit during the day? Ms. Stromberg replied, she is assuming the lights are on at all times but is not sure. Commissioner Olin stated he assumes this would be lit all the time by LED light which he guessed on balance it would be more efficient. Ms. Stromberg replied,right. Chairperson Kondrick asked the petitioner if she or her company or Super America have any questions or disagreements as to the stipulations? 11 Planning Commission Meeting June 18, 2014 Page 9 of 12 Sheri King, Walker Sign Holdings,LLC,replied,no. MOTION by Commissioner Solberg to close the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED TI� MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:35 P.M. Chairperson Kondrick stated they have had these before, and he has no problem with this. It is standard operating procedure. MOTION by Commissioner Solberg approving Special Use Permit, SP #14-04, by Walker Sign Holdings, LLC, d/b/a Lawrence Sign, to allow an electronic changeable sign, generally located at 7451 East River Road with the following stipulations: 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 , of the Fridley City Code. ' 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Seconded by Commissioner Sielaff. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive t6e Minutes of the April 7,2014,Parks&Recreation Commission Meeting. MOTION by Commissioner Oquist to receive the minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE ALL VOTIN� AYE, CHAIItPERSON KONDRICK DECLARED THE MOTION CARRIED UNAI�IIMOUSLY. 4. Receive the Minutes of the Apri13,2014,Housing & Redevelopment Authority Commission Meeting. MOTION by Commissioner Sielaff to receive the minutes. Seconded by Commissioner Solberg. UPON A VOICE VOTE ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 5. Receive the Minutes of the May 1,2014, Housing & Redevelopment Authority Commission Meeting. 12 Planning Commission Meeting June 18, 2014 Page 10 of 12 MOTION by Commissioner Oquist to receive the minutes. Seconded by Commissioner Solberg. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: 1. Election of Chair and Vice Chair. MOTION by Commissioner Sielaff electing David Kondrick as Chairperson. Seconded by Commissioner Oquist. UPON A VOICE VOTE ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Chairperson Kondrick electing Leroy Oquist as Vice Chairperson. Seconded by Commissioner Solberg. UPON A VOICE VOTE ALL VOTING AYE, CHAIIZPERSON KONDRICK DECLARED THE II MOTION CARRIED UNANIMOUSLY. 2. Update on the TOD Grant Master Plan Project. Mr.Hickok stated staff wanted to let the Planning Commission know that near the end of 2012,the City applied for a grant to the Metropolitan Council. The City received that grant to do some master planning of its transit TIF district area near the train station. That was a very important thing for Fridley because the legislature gave it that. Fridley was the only city to have a transit district of this type. What staff felt they needed to do is use this planning money to help them master plan. Mr.Hickok stated staff has had a number of different things the Planning Commission,the HRA, and the City Council have been involved with that have led to staff saying, look, they have about 18 different studies it has done including Islands of Peace study about the housing in and around that area, the 2030 Comprehensive Plan, current zoning, the transit plan development district of 2011 which was one of Planning Commission's products, Safe Routes to School grant,transit for livable communities,the federal Transit Enhancement grant to put a bridge over 694 so there could be a pathway in front of Home Depot, a bridge over 694 that is pedestrian and bike friendly, and then a path that continues south. It could even link up to the Hennepin County bike/pedestrian pathway. That, along with the East River Road corridor study, the transit TIF district, Fridley station market study, Northstar commuter rail, active transportation plan, and the John Allen project called "Riverside Corporate Center". Staff did put together an Islands of Peace concept plan. It was an interesting thing that has led to where they are at right now in this study. Mr. Hickok stated the Metropolitan Council received the City's grant application and awarded the City $100,000 to do this study and then shortly after said, hold on, they are going over the details of the City's application and you have a park in there and we do not allow park planning, especially this one is a regional park. The City was told it can plan everything but that. T'he City informed them that park is really important because future development of the transit-oriented district is going to depend on enhancing that park, not having it hidden behind some buildings. Instead the City thinks they need to open up its opportunities where they have them to the river. Also, enhance the.parks so they are the best 13 Planning Commission Meeting Ju.ne 18, 2014 Page 11 of 12 value to the citizens. Mr. Hickok stated the City went back to the Metropolitan Council with a plan. It was very nice because the Anoka County park people were in the midst of doing a master planning for their parks, including Islands of Peace Park along with Riverfront Park just a little bit south of here. They used the land area for those two parks to give them enough land area to make this a regional park and, as a regional park then, they get federal funding which is very important to them. Anoka county park director and City planning staff sat down and said they need to illustrate and demonstrate to the Met Council they were not in any way trying to harm this park. They are not trying to take away any square feet. In fact, if they can make it work, they would like to add square feet to this park and enhance. It is a cornerstone to future development around there and, if that park performs like they would like it to, redeveloping next to it would be more promising. After doing this illustration they went along with it. They did go ahead and award the money. Mr. Hickok stated right now the City is working with its consultant for which they used a big piece of that money so they can take all these pieces and meld them together. Once a developer comes along,the City can help them by guiding them into a master plan. For example, they could say, on the East River Road corridor study they are talking about this parkway effect with certain types of lighting and landscaping. Imagine yourself as a developer needing to know the East River Road comdor plan and then needing to know the Comprehensive Plan and then needing know the active transportation plan, etc. ��I Wouldn't it be nice if the City had a master plan that kind of tied all those things together and made it very simple for them and got the City a step closer to when redevelopment happens in this area and have it happen the way the City would envision. Mr.Hickok stated the good news is they are getting to a point where they have at least concepts now that they have taken to an early discussion with the HRA and City Council why this is so important also. Not only for that developer but, because the legislature was gracious and gave the City a transit TIF district here,the City is able to take the increment that happens through future development starting with the John Allen project which will probably be the first thing they see which will allow the City to take increment and put it back into infrastructure in that area that was highlighted and cross-hatched. The City wants to know how do you want that, where do you want those paths, where do you want that roadway, where do you want those infrastructure impro�ements that would qualify under this transit TIF money? Mr. Hickok stated, one of the things they may see in the future as a request is parking deck help on the John Allen project to do that corporate center right at the intersection of East River Road and 694 and, if that is the case,that would be a qualifying feature. Put other pathways and things to make it more able to be a pedestrian way or able to be a 6ikeway for people so they have alternatives for their transportation. Also, there might be other types of infrastructure that the City would like to have in that area. That is another important piece here. Mr.Hickok stated,before the City gets planning too far down the road like it always likes to do,they like to go public as always. Have a meeting that involves the public from that area and anyone else in the City who would like to attend. Also, have anyone from the Commission who is interested to attend as well. They are looking at a date of July 23 for that meeting. At that time they will have some concept plan that really helps meld together the pieces they have been talking about where they think intersections might be changing or slightly modified along East River Road to help enhance this, etc. Mr. Hickok stated the one thing they will be disappointed in hearing and has come out of their early 14 Planning Commission Meeting June 18, 2014 Page 12 of 12 discussion on this they have learned, and they have had engineers involved in this, they will recall the discussion about connecting 57th Avenue and extending it across East River Road. Phenomenal idea, it would have probably been an excellent thing for the community to have another east-west connection. What they learned is that the physical characteristic for the land here makes it so difficult but, it is not only the land, it is the kind of bridge they would need to build to traverse all of the width of the BNSF rail. They had a few meetings with them talking about, they would like to put this bridge over. The meeting went very well. BNSF smiled and nodded and said, yes, they do not have a problem with that although there is a certain minimum clearance they need. This would get them up higher than even a federal highway bridge because the Rail tends to stack their cars even a bit higher in some cases. Also, please do not put your legs down anywhere in their rail right-of-way. It would have been a free span bridge-a very expensive bridge. Also,the distance between East River Road and Main Street, in order to get the height for the rail, it increases too rapidly and comes down too rapidly to make it a comfortable commute. Mr. Hickok stated the complicated factor about a tunnel is there is a 96-inch metro sewer line that runs through there, and it is 20 feet down. The pipe requires a certain amount of cover over the top, and federal money again would be used for this., The City could not get federal clearance for funding. Kind of a top supported bridge,you have a pipe now that is moving over into the John Allen site further so that it would go deeper into the slope so it has cover, and that starts to mess with where John Allen can place buildings on his site. The tunnel gets to be as complicated as the overpass. Mr. Hickok stated the one thing they are going to do is try and preserve the opportunity. Things could change. East River Road could change in elevation so that it makes going up not quite as monumental of a task. Also redevelopment could occur around Main Street at some point in the future. Even if they were able to move the pipe right now,you would have retaining walls running along 57th in front of those businesses, and you would have no way of getting into those businesses, and they are not deep enough to put a frontage road in front of. ADJOURN: MOTION by Commissioner Solberg, seconded by Commissioner Sielaff,to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:56 P.M. Respectfully submitted by, Denise M. Johnson Recording Secretary 15 ` AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2014 QfY OF FRIDLEY Date: July 9, 2014 To: Walter T. Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Final Plat, PS#14-03,Trident Development, LLC ANALYSIS The Council will recalt, on April 28, 2014,Trident Development received preliminary plat approval to allow for the redevelopment of the properties generally located on the east side of University Avenue, South of 615`Avenue. The proposed redevelopment will allow the construction of three multi- family/senior apartment buildings, to be called Gateway Commons. The only minor change � -�.,_=�_-- between the � r.- ;w= aa--- � _ ..-�� .._-�,---�---- preliminary plat and � � � �� '� the final plat is how -�� � '���� � � E � � � �� 2 ��:. �� the new lots are "� �,.' � a� ,. �....� . numbered. Instead of , . �.�� � , being legally described -- � - - -- ���� a - as; Lot 1A, Lot 1B, Lot ���- � „ �.- � . . 1C, Lot 2A, Lot 26, Lot � �� - � � �� � �� ������ ,.,,,. � ` ' �_ � � � � . � . � 2C, and Lot 3A and 36, �� ��� � � '� - � Block 1, Gateway ;�. -�--�.-_ --� 1 �_� � ��' � �e ����. � �,� Commons,the lots will �. � -� ���,�,�, ����, _� �.. � � .�.«..;;�*�,;. , �, `' �� ...,».�° �.�...»_.-�..��„»-�., , be described as Lots 1, ���� '� � �� � � .�.� � � � ���� �,' .,. ��__„�-����,��,.�: 2, 3,4, 5, 6, 7,8A, and 8B, Block 1, Gateway Commons. This change is a result of the petitioner's surveyor's conversations with the County's Examiner of Titles. Within the attached resolution for the final plat,the Council shall also note is the removal of easements that were reserved when 60t"Avenue and the west%z of the alley along the southern lots were vacated. When the final plat is filed, all new drainage and utility easements will be dedicated on the plat, as a result the reservation of previously approved easement is no longer required. See attached drawings of vacated 60th Avenue and the 6 ft. alley for reference. 16 RECOMMENDATION The Planning Commission approved the preliminary plat for PS#14-03 on April 16, 2014. City staff recommends approval of final plat, PS#14-03,and the attached resolution with the following modification to the stipulation: STIPULATIONS 1. The petitioner shall combine all lots encumbered in '^+° ', ' ^^^' 'Lots 1-3, Lots 4-6, and Lots 7, 8A and 88R Block 1, Gatewav Commons prior to issuance of a building permit for each phase of the proiect. 17 RESOLUTION NO. 2014 -_ RESOLUTION APPROVING FINAL PLAT, P.S. #14-03,AND REMOVING RESERVED DRAINAGE AND UTILITY EASMENTS BY TRIDENT DEVELOPMENT, LLC, ON BEHALF OF THE PROPERTY OWNER, THE CITY OF FRIDLEY'S HOUSING AND REDEVELOPMENT AUTHORITY,TO ALLOW THE REDEVELOPMENT OF THE PROPERTIES COMMONLY KNOWN AS "GATEWAY NE", GENERALLY LOCATED AT 5831, 5865, 5895,5905, 5925,5943, 6005, 6041,6061,AND 6071 UNIVERSITY AVENUE NE. WHEREAS, the Planning Commission held a public hearing on April 16, 2014, and recommended approval of said plat; and WHEREAS,the City Council approved the preliminary plat for GATEWAY COMMONS at their Apri128, 2014 meeting; and WHEREAS, on February 10, 2014, the City Council approved a reservation of a portion of 60`�' Avenue, as found in Resolution No. 2014-19 for drainage and utility purposes legally described as follows: That part of 60�'Avenue NE, as dedicated in the plat of HYDE PARK, according to the recorded plat thereof, Anoka County, Minnesota, lying easterly of a line drawn from the southwest corner of Lot 16, Block 4, HYDE PARK,to the northwest corner of Lot 30, Block 13, HYDE PARK, and lying westerly of a line drawn from the point of intersection of the north line of said 60th Avenue NE and the centerline of the vacated alley in Block 4, said plat of HYDE PARK, to the point of intersection of the south line of said 60�'Avenue NE and the centerline of vacated alley in Block 13, said plat of HYDE PARK. WHEREAS, also on February 10,2014,the City Council approved a reservation, of the west half of a 12 ft. alley on the southern edge of the project, as found in Resolution No. 2014-20, for drainage and utility purposes legally described as follows: That part of the west half of the alley, as dedicated in the plat of BENNET-PALMER ADDITION and in the plat of HYDE PARK, according to the recorded plats thereof, Anoka County,Minnesota, lying southerly of the easterly extension of the north line of Lot 9;Block 3, said plat of BENNET-PALMER ADDITION,and northerly of the easterly extension of the south line of Lot 10, Block 4, said plat of BENNET- PALMER ADDITION. WHEREAS,when the GATEWAY COMMONS final plat is filed with the Anoka County Register, new drainage and utility easements will be dedicated as part of the plat; and WHEREAS,the City Council approved the final plat of GATEWAY COMMONS at their July 14, 2014 meeting; and 18 WHEREAS, the City Council as a result of filing the final plat GATEWAY COMMONS releases said drainage and utility easements, legally described as follows: That part of the west half of the alley, as dedicated in the plat of BENNET-PALMER ADDITION and in the plat of HYDE PARK, according to the recorded plats thereof, Anoka County, Minnesota, lying southerly of the easterly extension of the north line of Lot 9, Block 3, said plat of BENNET-PALMER ADDITION, and northerly of the easterly extension of the south line of Lot 10, Block 4, said plat of BENNET- PALMER ADDITION. And That part of 60�'Avenue NE, as dedicated in the plat of HYDE PARK, according to the recorded plat thereof, Anoka County, Minnesota, lying easterly of a line drawn from the southwest corner of Lot 16, Block 4, HYDE PARK, to the northwest corner of Lot 30, Block 13, HYDE PARK, and lying westerly of a line drawn from the point of intersection of the north line of said 60`h Avenue NE and the centerline of the vacated alley in Block 4, said plat of HYDE PARK, to the point of intersection of the south line of said 60th Avenue NE and the centerline of vacated alley in Block 13, said plat of HYDE PARK. WHEREAS, a copy of the new final plat GATEWAY COMMONS,that designates required drainage and utility easements has been attached as Exhibit B; and WHEREAS,the stipulations of the final plat have been modified as represented in Exhibit A attached; NOW, THEREFORE, BE IT RESOLVED,that the City Council approves the Final Plat for GATEWAY COMMONS and directs the petitioner to record the plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14� DAY OF JULY 2014. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 19 Page Z—Resolution -2014—GATEWAY COMMONS EXHIBIT A STIPULATIONS 1. The petitioner shall combine all lots encumbered in Lots 1-3, Lots 4-6, and Lots 7, 8A, and 8B, Block 1, Gateway Commons prior to issuance of a building permit for each phase of the project. 20 THE GIELO APARTMENTS �P FR[DLEY, MINNESOTA (�.0��� t�Ij a�9"^ i4}�;LL a �a$� V��=� m � �v ���� 8= �� f �Y Y i y, �S w .. � 3� zE ' y W C a f_r- m p <� �! � � ~ � - x n 0 0 0 0 `-'--- S Z <f j {��� F� W� I y1� O W 1.1 LL � GROPOSED B4ILOING - PROPOSE'D BUILOINC PROFOSED BU�LD�NC _____ J N U n "" _ 'u' �' ""_ � '_""'_'�'_"'_""'_'"'__�_""'_"""""__'�_"""_...'_'"_'__'__"_"'�'_'_'_"""__""_"'�"_'_"_'"" _'__"""__"""_'_"""`_'""�.�"_"___'�'_._"_""'""'�""""__'_'"'—"_ F.1 "'_""""__'_"___"'""""'_'_." � ..t:l'J£R S/T � ..JE.'UE ...E. U J^ H u W y�o �tna� O�� W" . W�� Q H� =m N W-� 0 b �� F . 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I — — — — I I I �7 I I � � ,� � - - - - � � �-- - - - - � a� IT � �` ^v I � I r\i i U V I I I ' v I $3 � — — — — I — — � S I ^l� I — _ S � — 6 I � Eoaferly Fxtan+bn oI fhe SouM—� ��I I x IMS o/Lot 10,Bloek 4, g . I BENNE7T—PAIAIER AOpTON I I � Carlson : �� � McCain ENVIRONMEMAL•ENGINEERING•SURVEYING � GRAPHIC SCALE � � 0 30 60 120 248 Apollo Dr,Suite 300,Lino Wkes,MN 55014 P///�T/T///TT � Phone:763-489-7900 Fax:763-489-7959 (LLLiL Proposed Alley Vacation Area y 674 4402_alley vocation desc � (IN FEET) R 22 Description Sketch for: N TRIDENT DEVELOPIVIENT, LLC EXHIBIT A � v a °uY �� uQ �a W o� I � I I " ` R r- `r �x �� o I C1 �� '� � t-�'�-��'� I:-' I _��m :�r ___ � _ _ _ _ _ _ _ _ _ � �LJ� � IS I h w q IUVI� 1� I� (1� �� ���:I� , Z Q I�► I Southwest corner o/Lot y I 8�6 I W O W � 16, Blotk 4, HYDE PARK — � � � Q (n North Hne o/60th Rvenue NE � LL.I Q ���jj/ � � � � 60TH AVENUE N.E. m � � � �/����� �a � z � South line o/60th Avenue NE �W � � 0 � Nortbwest corner o/Lot 30, 6 6 ! o� ] � � Block 73, NYDE PARK z^ � I �i � I�i� I '=�`i � � � � V �� � �T 1�� � � � fl �_V i . V ` I n � Um I i.i ,� � ��Vi I� = 4-- — — — _ .--- — � ' �'�I ��f —I �I � '� L- �� ` I � � I< � f� I �� �n �1. g � PRQ�OSFO 607H AL�'"HUE NE— R/C;i/T OF WAY lG4CA710N DESCR/PAON.• � Thot port of 60th Avenue NE, os dedicated in the plat of HYDE PARK, according to the recarded plot thereof, Anoka County, Min�esota, lyi�g easterly of a line drawn from the southwest corner of Lot 16, � Block 4, HYDE PARK, to the northwest corner of Lot 30, Block 13, HYDE PARK, and lying westerly of a � line drown from the point of intersection of the north li�e of said 60th Avenue NE a�d the centerline of � the vacated alley in Block 4, said plat of HYDE PARK, to the point of intersection of the south line of !1 said 60th Avenue NE and ihe centerline of vacaied a{ley in Block 13, said plat of HYDE PARK. ! $ d � � � � (�Carlson : $ McCain GRAPHIC SCA�E ° EM/IRONMENTAL•FJ'�GINEERING•SURVEYIN6 /�/7- O �S 30 6� � 248 Apollo Dr,Sutte 300,13no Lakes,MN 55014 �Ll/1/ Proposed Vocation Areo Phone:763-489-7900 Fax:763-489-7959 � '��' (IN FfET) y� 674 4402_60th sireet vocation desc 23 EXHIBIT B GATEWA�' �OMIVI4NS . p*'�°��'°`�Y couNrr oF�Narn KMOw ALL PERSONS BY MESE PREYNIS: The�Tn�CltY o�ntlkY Heu�Yrp ana R�wwaym�ni-/wmeruY.a puWk:eeay.<wpvab�we pol�k. �ot�11.11, J en<�M$ouu 10 MI o1.Lol t�.&ecM�.BENxfill-PMAIER MqMN..Ma4a tauntY.W^^nota. �C'. 2y. 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Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Special Use Permit Request, SP#14-04, Lawrence Sign for Super America at 7451 East River Road INTRODUCTION , _. . . g, ___ _ _ , The petitioner,Ashley Solsrud-Beckman, of Lawrence Sign, ' �� who is representing the Super America at 7451 East River Road, is requesting, is requesting a special use permit to `;!� allow the retrofit of the existing manual pricing sign,to an electronic pricing sign on the existing pylon sign. ( ��� �,�+tiu,.,,�� An 80 sq.ft.free-standing sign already exists on the subject �'�'U����,�E���a property. The existing sign will remain as is, with the only ` change being to remove the existing manual pricing signs �d' with new LED price signs. � � a PLANNING COMMISSION RECOMMENDATION � At the lune 18, 2014 Planning Commission meeting, a public hearing was held for SP#14-04. After a brief � discussion,the Planning Commission recommended : t � , : , approval of SP#14-04, with the stipulations as presented. ; THE MOTION CARRIED UNANIMOUSLY. _t_ � PLANNING STAFF RECOMMENDATION ; City Staff recommends concurrence with the Planning Commission and approval of the attached resolution, including the following stipulations: STIPULATIONS 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 28 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approva/date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. 29 RESOLUTION NO. 2014 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 14-04 FOR WALKER SIGN HOLDINGS,LLC; DBA LAWRENCE SIGN,ON BEHALF OF REALTY INCOME PROPERTIES 3 LLC,THE PROPERTY OWNER OF SUPER AMERICA,LOCATED AT 7451 EAST RIVER ROAD NE WHEREAS, Section 214.07.01 of the Fridley City Code allows electronic changeable signs in commercial zoning districts by a special use permit if certain conditions can be met; and WHEREAS,on June 18,2014,the Fridley Planning Commission held a public hearing to consider a request by Lawrence Sign, on behalf of the property owner of 7451 East River Road NE in Fridley, legal description attached as E�ibit A, for a Special Use Permit SP# 14-04 for an electronic changeable sign; and WHEREAS, on June 18, 2014, the Planning Commission unanimously recommended approval of Special Use Permit, SP#14-04; and WHEREAS, on July 14, 2014, the Fridley City Council approved the stipulations represented in Exhibit B to this resolution as the conditions approved by the City Council on Special Use Permit SP# 14-04; and WHEREAS, Section 205.OS.S.G of the Fridley City Code states that this special use permit will become null and void one year after the City Council approval date if work has not commenced or if the petitioner has not petitioned the City Council for an extension; and WHEREAS,the petitioner,was presented with Exhibit B,the stipulations for SP# 14-04,at the July 14,2014 City Council meeting and has agreed to abide by said stipulations in order to maintain SP# 14-04; NOW, THEREFORE, BE IT RESOLVED, that Special Use Permit SP# 14-04 and stipulations represented in Exhibit B 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 14�' DAY OF JULY, 2014. SCOTT LUND—MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 30 EXHIBIT A Legal description for 7451 East River Road NE: Lots 1 and 2, Block 1, C.D.Hutchinson Addition,according to the map and plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County,Minnesota. The South boundary line of the above described property is marked by Judicial Landmarks placed pursuant to Tonens Case No. T-1878. Subject to easement ganted to the County of Anoka for highway purposes by instrument dated July 6, 1965, recorded July 15, 1965 in Book 685 on page 119 in the office of the Anoka County Register of Deeds over the Westerly 12 feet of Lot l,Block 1,and the Westerly 12 feet of Lot 2,Block 1,all in C.D. Hutchinson Addition. Subject to an easement granted to Northern States Power Company by instrument dated August 23, 1965, recorded September 17, 1965, in Book 690 on page 445 in the office of the Anoka County Register of Deeds to construct, operate,and maintain its lines for the transmission of electrical energy, including the necessary poles,wires, guys, stubs and other fixtures over and across the Easterly 10 feet of Lots 1 and 2, Block 1, C.D. Hutchinson Addition. Subject to a financing statement by and between Kunz Oil Company, debtor, and Northwestern National Bank S.W,recorded March 7, 1974,as document number 405919 in the office of the Register of Deeds of Anoka County,Minnesota. 31 EXHIBIT B SP# 14-04 Special Use Permit for an Electronic Changeable Sign Super America, 7451 East River Road NE,Fridley,MN 55432 Stinulations• 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular tr�c in the area. 4. Per Section 205 of the Fridley City Code,this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. 32 City of Fridley Land Use Application SP#14-04 June 18, 2014 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Lawrence Sign SUMMARY OF PROJECT Ashley Solsrud-Beckman The petitioner,Ashley Solsrud-Beckman, who is 945 Pierce Butler Route representing Super America at 7451 East River St. Paul MN 55104 Road, is requesting a special use permit to allow Requested Action: electronic gas sign to replace the existing manual Special Use Permit for an automatic changeable gas pricing sign. sign RECOMMENDATION Purpose: City Staff recommends approval of this specia!use To install an electronic gas pricing sign permit, with stipulations. Location: Electronic changeable signs are an approved special 7451 East River Road use in the commercial zoning district, provided the Existing Zoning: sign complies with Code requirements � G2 (General Business) � � � �� � �� � ���'�� ��� � �� " � v � " '�,>�� �� � � � $IZe: `��`' � � �"� � rt� z �1 � �� � '' `� 48,787 sq.ft. 1.12 acres �����^���� �.`r �'� � ` " ����E �'�,����� � � � ���• � �, "� ' -��� Q., , � ,��, � �,,, • �: � � . � Existing Land Use: � �`„�'� �; � �'� �� '` z �.V a a�.y,����'3 r ,„ 'x>`,��,' ��t.� �.y � *� Gasoline Station Store � ' �. �r Y �[Y 'f7 ',b �,t ;, y �'. �k�i.r1.�" Surrounding land Use&Zoning: � '� �� ,� ��� � '���� �,tf"°��, � ''��'� :��� , � �, , N: Osborne Road & Residential & ROW & R-1 , �� �� � �.��� �� �4� ,,� '� 1 � � ��� ��� E: Railroad Tracks& RR � `°� �w°`�� � \'� �� �� g � � � ,� ��� � . S: Commercial (Chris& Rob's) & G1 ` ' ��, � �� '� �� � �° � � : ' � � �� W: East River Road & Residential & ROW& R-1 *``° ` `�,.�,�� ��� � a � ` ��� ��`_� Com rehensive Plan Conformance: �;�, � ' �� � �� ��� '' �� �� � p � � ' � ' � ������� ���; t ,� ,� ° � � �, '��,r � Consistent with Plan � ,� ��.x ��' � ���3���,� ZOtt111g�I'f�111d11Ce C011fOP111df1C@: ��� s� ���� ,�, ��� q��`�''ti`� ��,� � .���������� Section 214.07 of the City of Fridley sign code �� � �� � ��� �� ��``�°�� �' e a� ���� �'�� ` � � �,. ; ,� � ' ' � � requires a special use permit for an automatic ��' � � ��'� � ��"'��� � � Y�� � n� � �� �� � , � � changeable sign � �`�� �`� � �'" x�� , �� .Sw.- � '°= � K 3: Zoning History: � � ��� `� ` �� �� �� � � �,. � �_ � • 1965—Lot is platted � �� ��` ���:.�, ��� �� � �.5�� ��� j:. ,�� • 1965—Service Station and Store built • 1967—Car wash built.—no longer in use , • 1968—Canopy over gas pumps built Aerial of the Site • 1972—SUP issued to allow a continued use CITY COUNCIL ACTION/60 DAY ACTION DATE of a service station City Council—July 14, 2014 • 1984—another SUP issued to Super 60 Day Date—July 15, 2014 America for a gas station Staff Report Prepared by: Stacy Stromberg Legal Description of Property: Lots 1 and 2, Block 1 C.D., Hutchinson Addition Public Utilities: The building is connected Physical Characteristics: Lot contains the gas station store building,fueling pumps, hard surface parking and driving areas and landscaped areas 33 Land Use Application Special Use Permit #14-04 RE UEST The petitioner, Ashley Solsrud-Beckman, of Lawrence � _ _...... g, _ _ ,; Sign,who is representing the Super America at 7451 East ' ������ River Road, is requesting, is requesting a special use permit to allow the retrofit of the existing manual pricing sign,to an electronic pricing sign on the existing pylon 1 - sign. � � � ��. An 80 sq.ft. free-standing sign already exists on the ` .,7UPERAhh�IERICAr subject property. The existing sign will remain as is, with the only change being to remove the existing manual ��' pricing signs with new LED price signs. I HISTORY AND ANALYSIS � � The subject property is located on the southeast corner of Osborne Road and East River Road. The property is � ; zoned G2,General Business. In 1965 a service station � and store were constructed on the property. The pylon � � sign was originally constructed in 1966, but it has been modified several times over the years. The records T indicate that a special use permit was in 1972 to allow a continued use of a service station. A special use permit was also issued in 1984,when Super America purchased the n" property for a gas station use, as the use was expanding. ` 7513 � LC L �n � S�, "°° .���y��`� CODE REQUIREMENTS �� � � "' `�' 3 c e Electronic changeable signs are an approved special use in any �' �1 zoning district, except residential, provided the message doesn't a � ` „, ,1 change more often than once every 45 seconds. The sign also E� "" c ,�y`� - ° needs to be in conformance with the sign requirements for the .1 al 31 � 58op��-� zoning district, in which the pro pert y is located. The sub j e c t property is zoned, C-2 General Business, which requires that free �451 "° �° - :� standing signage can not exceed 80 square feet in size. The s� .� � _= existing sign meets that size requirement as will the new sign. The �F"�Y"E "� , total sign area of the sign with the retrofit to LED price signs is 80 � �my sq. ft., with the LED piece of the sign being 16 sq.ft. 7b 1= 5 4Y 3i 70 � p 73i3 m �=� STAFF RECOMMENDATION lu "�` City Staff recommends approval of the special use permit as � � �������`'���_. electronic changeable signs are an approved special use in the � "' '°" „'°° commercial zoning district,provided the sign complies with Code G`�"-`REE"RD"� $ 7� requirements, subject to stipulations. STIPULATIONS City Staff recommends that if the special use permit is granted,the following stipulations be attached. 34 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have mofion that may distract vehicular traffic in the area. 4. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one I year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. 35 � �� 4.15.2014 City�of Fridley Piann'►ng and Zc�ning Attn:$tacy Stromberg Reference: Specia!Use Rermit Dear Stacy, Walker Sign Holdings,d.b.a. ta.wrence Sign, is making application for Special Use Pe�mit on behalf of Super America#4207, located at 7451 East River Road.Super America#4207 would tike to retrofit the existing freestanding sign with LEp pr�ce displays.The overall size of the#reestanding sign will remain the same as prior to the retrofit. Electror►ic price displays are a standard means for promoting business in the motor fuel sta#ion industry, and retrofitting the existing monument sign with an LED display will enable Super Arnerica to remain competitive with local markets,The praposed LED price display will conform to all 2oning requirements in Fridiey. The lED price display has arr automatic dirnmer control in order to change with the ambient fight of its environment.The settings are adjus#able from 1fl0%brightness intensity(to compete w'rth daylight},to 1,5%brightness(usualiy utilized during n�ght-time operation.j The dispiay siae area is a totai of two units at 24"high by 48"wide,or 8 square feet each,for a tata{LED area of 1G square feei.The lED buVbs will be red in color. Sincerely, ��,��i�� U`�����,�-`�e�-�� Ashley Soisrud-Beckman Project Coordinator asQ[srud-beckrna n,s?I awrences i�n.com �' t)45 Pif�.�zc��; �3�.�'t_E'r� R�>i_�,t: .�R: ;i�_ T',�tl., i�4«�F:�c,-�,� 'i51�4 ,� G`i1.438.i;j11 �: Fr,x 6'i1.4��i.E�?l� w•ti�•w.iaw rencGSi�r...-��m 36 : __ _ _____ _._ g� -.--- -______ � __ __.� Iawrence SQ 4207-Fridley Existing -- '� ; �, � -�_°� � � '�. . ` � .�,�.....�.....��..w.,� ..; �- I • . .'=, �.. � l6S,1lR,f71!•/CC:W6�AY07 � � . tq.. . � i P ��El�1 �i ill � r , ` U � ' I .. ... =MI!� • - ii�i� � � . . k I � � e ; - ;�� ,��,,���� }f �� ��,� °,:� �:.°.-� SUPEEtAMERK'A .� �� h����� , ,���'�. � � � ��� ..��,���'�.�����, � ���� SA 4247 . :'9'.. #'XJf�%� � �QN 'p°91.�9W '/q�r ', � �n-.vaWx �, , ,,,. V�P������������A� 7449�E��RW��Road . !-l.;u�e�`T}i[� �,a-:� _ . ,. ., �,._. ,s��.a � �E�� Y, SIICN T`(PE: � LED PRICER SA 4207-Fridtey 24" pricers 10' RETROFiT u �. cus�aswea a�aanv� ; ; �"'� W ; �. J aEV,s .... .,� AEVt ° 24" pricers �"& REY4: Add black metaltracking �e ;��'i; I�i��,,,iii�� ����II�i�l `� � w� andWankblackpaneltocover "E"r "32oz Fountain"9/SOths paoel I• � � ' � s�ex Mw acn: DESi6�tRR Of�IE: DVYCi: � 7►r�Yr w M W��My M {a�-���YwtiW1f� �1/+1 wk it IY��w�Yyra�Iwy w Daktronics FL3000: 24" LED pricers �=�°���-� i�w�M/M�M p N�M Yr 6w�w M/�A�wai�M DAKtRONICS Fl3Q00�LECTRONIC FtlfLIGHT PETROLEUM PRICES SIGNS FUE!GRADES """"""""'"`'w"° .�...,.��...,....y.,..,. wrwrn�drr�earrx.wy� � UNLEADED panel:perm :��..�"'�� 24 TaiiRedLEDNumerals .�.�..�.,.,.�.M..,W. Viewing Angte:I40 degrees fiorizorrtal/70 degrees vertical DIESEL,MYSA Rewards, untain paneis:changeable ..,��..°�""°°"""�` Power:120rac singte phase/240vac single phase 9/lOths panel to be tra ank panel I�cluded) ��� � � PRINTEO COLORS 6 ORADlHNTS AS 8HGWN MAY YARY f11pM ACTUAL GlNFSHED C040R � AGENDA ITEM � cmroF CITY COUNCIL MEETING OF JULY 14, 2014 FRIDLEY TO: Walter T. Wysopal, City Manager PW14-034 FROM: James P. Kosluchar, Public Works Director Layne R. Otteson, Assistant Public Works Director DATE: July 9, 2014 SUBJECT: Resolution to Approve MnDOT Agency Agreement Number 03602 for Safe Route to Schools Construction Engineering In conjunction with Independent School District Number 14, the City of Fridley applied for and received federal funding through the MnDOT Safe Routes to Schools program. The grant provides monies for design, administration, and construction of infrastructure improvements. Staff from the City and School District have worked together to identify locations to improve pedestrian safety I adjacent to Fridley Middle School, Hayes Elementary, and Stevenson School. In order to provide funding for administration and oversight for the project,the City must approve.the attached agreement from MnDOT. This agreement allows the City to perform construction engineering under a Delegated Contract Process as required of projects receiving federal aid and allows the City to seek reimbursement for construction engineering costs incurred up to a maximum of$7,600.00. This agreement benefits the City by allowing staff to work directly with MnDOT on administrative matters relating to federally funded transportation projects, rather than having to work with the FHWA. It allows more expeditious and responsive contract administration since federal monies are involved in this project. Under this agreement, MnDOT is identified to act as the City's agent in accepting federal aid. The project.design approvals have been received, and the project is currently out for bid, with construction anticipated later this year. Staff recommends the City Council move to approve fhe aftached resolufion directin_q the City Manaqer and the Director of Public Works to execute attached MnDOT AQencv A_qreemenf No. 03602. LRO:Iro Attachments 38 RESOLUTION NO. 2014- A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF FRIDLEY FOR FEDERAL PARTICIPATION IN CONSTRUCTION ENGINEERING FOR S.P. 127-591-002; M.P. SRTS 0212(088) WHEREAS, pursuant to Minnesota Statutes Section 161.36, the City desires the Minnesota Department of Transportation (MnDOT) to act as the City's agent to accept and disburse federal funds for the construction,improvement,or enhancement of transportation financed in whole or in part by federal funds, and ' WHEREAS,the City is proposing a federal aid project for the administration and oversight of Safe Routes to School improvements at three schools in the City of Fridley; and WHEREAS,the Safe Routes to School improvements are eligible for the expenditure of federal aid funds, and is identified in MnDOT records as State Project 127-591-002, and in Federal Highway Administration (FHWA) records as Minnesota Project SRTS 0212(088), and as City of Fridley Project ST2011-21 Safe Routes to School Improvements. NOW THEREFORE BE IT RESOLVED, that pursuant to Minnesota Statute Section 161.36, the Commissioner of Transportation be appointed as Agent of the City of Fridley to accept as its agent, federal aid funds which may be made available for eligible transportation related projects, and BE IT FURTHER RESOLVED, that the City Council of the City of Fridley hereby approve and authorize the execution of an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in Minnesota Department of Transportation Agencv Ag�eement No. 03602, a copy of which said agreement is hereby attached. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14�' DAY OF JULY 2014. Scott J. Lund, Mayor Attest: Debra A. Skogen, City Clerk 39 MnDOT Agreement No. 03602 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF FRIDLEY FOR FEDERAL PARTICIPATION IN CONSTRUCTION ENGINEERING FOR S.P. 127-591-002; M.P. SRTS 0212(088) This agreement is entered into by and between C{TY OF FRIDLEY ("Cityfl} and the State of Minnesota acting through its Commissioner of Transportat�on ("MnDOT"), Pursuant to Minnesota Statutes Section 161.36, the City desires MnDOT to act as the � City's agent to accept and disburse federal funds for the construction, improvement, or enhancement of transportation financed in whole or in part by federal funds, hereinafter referred to as the"Project"; and The City is proposing a federal aid project for administration and oversight of Safe Routes to School improvements at three schools in the City of Fridley hereinafter referred to as the °Construction Engineering"; and The Construction Engineering is eligible for the expenditure of federaf aid funds, and is identified in MnDOT records as State Project 127-591-002, and in Federal Highway Administration (°FHWA") records as Minriesota Project SRTS 0212(088); and The CFDA number for this projec�is 20.205; and MnDOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: i. DUTIES OF THE CITY. A. DESIGNATION. The City designates MnDOT to act as its agent to accept and disburse federal funds made available for the Projeet. B, ELIGIBILITY / COSTS. The estimated cost of the Construction Engineering is $7,600. 1. It is anticipated that 100% (up to $ 7,600) of the cost of the Construction Engineering will be paid from federal funds made available by the FHWA. The City will pay any part of the cost or expense of the work that the FHWA does not pay. Agreement no.03602 -1- 40 2. Any costs incurred by the City prior to authorization of the Federal Funds, will not be eligible for federal participation. 3. Eligible cost and expense, if approved, may consist of the following: a) The cost of performing construction inspection and oversight, construction surveying and other professional services related to construction of the proposed Safe Routes to School improvements. b) The cost incurred by the City to employ outside forces to perform any or all of the work pursuant to this agreement, subject to the provisions of section I.D. SUBLETTING. 4. Expenditures for general administration, supervision, maintenance �nd other overhead or incidental expenses of the City are not eligible for federal participation. 5. Acceptability of costs under this agreement will be determined in accordance with the cost principles and procedures set forth in the applicable Federal Acquisition Regulations, Contract Cost Principals and Procedures, 48 Code of Federal Regulations (CFR) 31 which is incorporated by reference and made a part of this agreement. 6. For costs expected to exceed $ 7,600, the City must request the preparation and execution of a supplement to this agreement, prior to incurring such costs. '', C. STAFFING. 1. The City will designate a publicly employed registered engineer, ("Project Engineer"), to be in responsible charge of the Project and to supenrise and direct the work to be performed under any construction contract let for the Project. If City elects to use a private consultant for engineering services, the City will provide a qualified, full-time public employee ofi the City, to be in responsible charge of the Project. The services of the City to be performed pursuant to this agreement may not be assigned, sublet, or transferred unless the City is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written cansent will in no way relieve the City from its primary responsibility for performance of the work. 2. During the progress of the work on the Project, the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If MnDOT furriishes the services requested, and if MnDOT requests reimbursement, then the City will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services wil! not be deemed to make MnDOT a principal or co-principaf with respect to the Project. Agreement no.03602 -2- 41 3. The City will fumish the personnel; services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project. D. SUBLETTING. The City will prepare request for proposals in accordance with Minnesota law and applicable Federal laws and regulations. 1. Due to the amount of the contract the City may solicit qualifications from three firms and select the most qualified firm to perform�the necessary work. 2. The City may not include other work in the contract for the authorized Project without obtaining prior notification from MnDOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some ar all of the federal funds for the Proje�t. 3. The City will prepare proposal packages and prepare and distribute any addendums, if needed 4. The City will receive open, and evaluate proposals. 5. This written consent wifl in no way relieve the City from its primary responsibility for performance of the work. Subcontractor agreements must contain all appropriate terms and conditions of this agreement. E. CONTRACT ADMINISTRATION. 1. The City will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2. The City will prepare reports, keep records, and perform work so as to enable MnDOT to collect the federal aid sought by the City. The City will retain all records and reports in accordance with MnDOT's record retention schedule for federal aid projects. � 3. Upon completion of the Project, the Project Engineer will determine whether the work will be accepted. 4. A Request fior Public Interest Finding dated March 1, 2013 was submitted by the City and approved by MnDOT for the Construction Engineering work as _ described above: F. PAYMENTS. 1. The entire cost of the Project is to be paid from federal funds made available by the FHWA, including eligible costs incurred as of the federal authorization date of 06/16/2014 and prior to the effective date of this Agreement, and by other funds provided by the City. The City will pay any , part of the cost or expense of the Project that is not paid by federal funds. 2. The City may request partial payments not more than once each thirty (30) days. The Project Engineer will certify the amount of each partial estimate. Agreement no.03602 -3- 42 3. The invoice and supplements thereto, will contain all details that may be � necessary for a proper audit. Such details will consist of at least the following: (a) A breakdown of labor by individual, classification, dates and hours worked times the applicable rate to arrive at a total dollar amount for each individual. (b) The labor additive may be applied to total labor dollars, not including • overtime labor dollars. (c) The equipment charges must be broken down by type of equipment times the applicable rate and dates used to arrive at total equ+pment charges. (d) A detailed breakdown of outside services used and supporting invoices . and documentation that costs of outside services have been paid. (e) Detail for materials, supplies, and other items with the description, units, and unit prices included in the invoice. If materials or supplies are purchased from an outside source, a copy of that invoice should be included. (fl The invoices wilf include 100°l0 of eligible charges applicable to the � Constru�tion Engineering so that the prorata share of federal and City participation can be applied to the total costs. • 4. Following certification, by the Project Engineer, of the final estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to MnDOT and will�include a copy of the certified final estimate along with the required records. 5. Reimbursement of costs urider this agreement will be based on actual costs, but limited to eligible items. G. LIMITATIONS. 1. The City must comply with all applicable Federal, State, and local 1aws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the FHWA and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in TitJe VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or � activity to which this part applies, is expeeted to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the � Agreement no.03602 -4- 43 program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out the above requirements. , 3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the perFormance of any work or services required or permitted by the City under this agreement will not be considered employees of MnDOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way .be the ob{igation or responsibility of MnDOT. The City wi11 require proof of Workers' Compensation Insurance from any contractor and sub- contractor. H. AUDIT. 1. The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133 including amendments and successors thereto, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, MnDOT, and either the Legis{ative Auditoc or the State Auditor as appropriate, for a minimum of six years. The City will be responsible for any costs associated with the performance of the audit. I. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. J. CLAIMS. The City acknowledges that MnDOT is acting only as the City's agent #or acceptance and disbursement of federal funds, and not as a principal or co- principal with respect to the Project. The City will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, ctaims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. The City wi{{ indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project, including reasonable attorney fees incurred by MnDOT. The City's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by MnDOT. � K. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA). This Agreement requires the City to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The City is responsible for ensuring that all applicable requirements, including but not Iimited to those set forth herein, of FFATA are met and that the City provides information to the MnDOT as required. � The City shal! comply with the following: 1. Reporting of Total Compensation of the City's Executives. Agreement no.03602 -5- 44 (a) The City shail report the names and total compensation of each of its five most highiy compensated executives for the City's preceding compieted fiscai year, if in the City's preceding fiscal year it received: i. 80 percent or more of the City's annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcantracts), and �'ederal financial assistance subject to the Transparency Act(and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a} or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or seetion 6104 of the tnternal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.qov/answers/execomp.htm.). Executive means officers, managing partners, or any other employees in management positions. {b) Total compensation means the cash and noncash dollar value earned by the executive during the City's preceding fisca{year and incfudes the following � (for more information see 17 CFR 229.402(c}(2}): i. Salary and bonus. . ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with � respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based . Payments. iii. Earnings for services under non-equity incentive plans. This does not . include group fife, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. � iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance � paid on behalf of the employee, perquisites or property)for the executive � exceeds $10,000. 2. The City must report executive total compensation described above to the MnDOT by the end ofi the month during which this agreement is awarded. 3. The City will obtain a Data Universal Numbering System (DUNS) number and maintain its DUNS number for the term of this agreement. This number shall be provided to MnDOT on the plan review checklist submitted with the plans for each project. More information about obtaining a DUNS Number can be found at: http://fedqov.dnb.com/webform/ � Ageement no.03602 -6- 45 4. The City's failure to comply with the above requirements is a material breach of this agreement for which the MnDOT may terminate this agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice received from the City unless and until the City is in full compliance with the above requirements. II. DUTIES OF MnDOT. A. ACCEPTANCE. MnDOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith. B. PROJECT ACTIVITIES. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project, and for reimbursement of eligible costs pursuant to the terms of this agreement. C. PAYMENTS: 1. MnDOT will receive the federal funds to be paid by the FHWA for the Project, pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2. MnDOT will review and certify each partial pay request. Following certification of the partial estimate, MnDOT will reimburse the City, fram said federa{ funds made available to the Project, for each partial payment request, subje�t to the availability and limits of those funds. 3. Upon completion of the Project, the City will prepare a final payment request in accordance with the terms of this agreement. MnDOT will review and certify the final payment request with a final audit. 4. No more than 90°l0 of the reimbursement due under this agreement will be paid until completion of the final audit and approval by MnDOT's authorized representative. 5. In the event MnDOT does not obtain funding from the FHWA or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federat aid reimbursement requests, the City may continue the work with local funds only, until such time as MnDOT is able to process the federat aid reimbursement requests. � D. AUTHORITY. MnDOT may withhold federal funds, if MnDOT or the FHWA determines that the Project was not completed in compliance with federal requirements. E. INSPECTION. MnDOT, the FHWA, or duly authorized representatives of the state . and federal government will have the right to audit, evaluate and monitor the work perFormed under this agreement. The City wiN make available all books, records, and documents pertaining to the work hereunder, for a minimum of seven years following the closing of the construction contract. III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have responsibility to administer this agreement and to ensure that all payments due to the Agreement no.03602 -7- 46 . ' � . � . other party are paid pursuant to the terms of this agreement. � A. The City authorized representative is Layne Otteson, Assistant Public Works Director, 6431 University Avenue NE, Fridley, MN 55432 or his . successor. . B. MnDOT's authorized representative is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation, 395 John Ireland Boulevard, Mail Stop 500, St Paul, MN 55155, phone 651.366.3822, or her successor. IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the • results thereof to the extent authorized by law and wil{ not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing and be executed by the same parties who executed the original agreement, or their successors in office. Vll. TERM OF AGREEMENt. This agreement wifl be effective upon execution by the City and by app�-opriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for fve (5) years from the effective date or until all obligations set forth in this agreement have been satisfactori{y fulfilled, whichever occurs first. VIII. TERMINATION. This agreement may be terminated by the City or MnDOT at any time, . with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled �nancial obligations of the City as set forth in this Agreement. In �the event of such a termination the City will be entitled to reimbursement for MnDOT-approved federally eligible expenses incurred for work satisfaetorily performed on the Project to the date of termination subject to the terms of this agreement. Remainder of this page left intentionally blank Agreement no.03602 -8- 47 . � � IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed intending to be bouud thereby. CITY DEPAR.TMENT OF TRANSPORTATION City certifies tbat the appropriate person(s) By: have executed the contract on its behalf as required Title: Director,State Aid for Local Transportarion by applicable resolutions,ordinances,or charter provisions Date: By: COMMISSIONER OF ADMINISTRATION Date; BY� Date: Title: By: Date: Title: Agreement no.03602 -9- 48 : AGENDA ITEM cmroF CITY COUNCIL MEETING OF JULY 14, 2014 FRIDLEY TO: Walter T. Wysopal, City Manager PW14-035 FROM: James P. Kosluchar, Public Works Director Layne R. Otteson, Assistant Public Works Director DATE: July 9, 2014 SUBJECT: Resolution to Approve MnDOT Agency Agreement Number 03690 for Safe Route to Schools Force Account Work In conjunction with Independent School District Number 14, the City of Fridtey applied for and received federal funding through the MnDOT Safe Routes to Schools program. The grant provides monies for design, administration, and construction of infrastructure improvements. Staff from the City and School District have worked together to identify locations to improve pedestrian safety adjacent to Fridley Middle School, Hayes Elementary, and Stevenson School. This project includes installing a closed circuit camera security system at the Fridley Middle School to provide video surveillance of the new bicycle storage area. This will interface with the system at the Fridley Middle School. The school's surveillance system uses specific hardware and software. Staff determined it would be more economical to continue using the same equipment manufacturer and installer the School currently uses. Staff also determined that there would be benefits related to a smooth integration of new components. Typically, project items are included in the bidding process except when there is a finding which determines that a specific item can be acquired more economically through quotes or negotiation. MnDOT allows an exception for such a process and identifies it as"Force Account". Staff worked with MnDOT, School and Vendor to receive a favorable quote for additions to their security system that is eligible for Force Account work, and thus reimbursable under the Federal project funding. In order to use the Force Account and be eligible for Federal funds, the City must approve the attached Force Account agreement from MnDOT. This agreement also benefits the City by allowing staff to work directly with MnDOT on administrative matters relating to federally funded transportation projects, rather than having to work with the FHWA. It allows more expeditious and responsive contract administration since federal monies are 49 involved in this project. Under this agreement, MnDOT is identified to act as the City's agent in accepting federal aid for the Force Account work items. Staff recommends the City Council move to approve the aftached resolution directinq the Citv Manaver and the Director of Public Works to execute attached MnDOT AQencv Aqreement No. 03690. LRO:Iro Attachments 50 RESOLUTION NO. 2014- A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF FRIDLEY FOR FEDERAL PARTICIPATION IN FORCE ACCOUNT FOR S.P. 127-591-003; M.P. SRTS 0212(088) WHEREAS, pursuant to Minnesota Statutes Section 161.36, the City desires the Minnesota Department of Transportation (MnDOT) to act as the City's agent to accept and disburse federal funds for the construction, improvement,or enhancement of transportation financed in whole or in part by federal funds, and WHEREAS,the City is proposing a federal aid project to install new trails/sidewalk, lighting,bike racks,driver feedback signs,and pedestrian activated flasher signs. A public interest finding found and determined that installation of security cameras near bike rack locations of the project can be completed more economically as a Force Account, and WHEREAS,the trails/sidewalk,lighting,bike racks,driver feedback signs and pedestrian activated flasher sign improvements are eligible for the expenditure of federal aid funds, and is identified in MnDOT records as State Project 127-591-003, and in Federal Highway Administration (FHWA) records as Minnesota Project SRTS 0212(088) ), and as City of Fridley Project ST2011-21 Safe Routes to School Improvements. NOW THEREFORE BE IT RESOLVED, that pursuant to Minnesota Statute Section 161.36, the Commissioner of Transportation be appointed as Agent of the City of Fridley to accept as its agent, federal aid funds which may be made available for eligible transportation related projects, and BE IT FURTHER RESOLVED, that the City Council of the City of Fridley hereby approve and authorize the execution of an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in Minnesota Department of Transportation Agenc�greement No. 03690, a copy of which said agreement is hereby attached. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14`n DAY OF JULY 2014. Scott J. Lund, Mayor / Attest: Debra A. Skogen, City Clerk 51 , , MnDOT Agreement No. 03690 STATE O� MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF FRIDLEY FOR FEDERAL PARTICIPATION IN FORCE ACCOUNT FOR � S.P. 127-591-003; M.P. SRTS 0212(088) � This agreement is entered into by and between CITY OF FRIDLEY("City") and the State of Minnesota acting through its Commissioner of Transportation ("MnDOT�), Pursuant to Minnesota Statutes Section 161.36, the City desires MnDOT to act as the City's agent to accept and disburse federal funds for the construction, improvement, or enhancement of transportation financed in whole or in part by federal funds, hereinafter referred to as the"Project"; and The City is proposing a federal aid project to install new trails/sidewalk, lighting, bike racks, driver feedback sigr�s, and pedestrian activated flasher signs. A public interest finding has determined that installation of security cameras near bike rack {ocations of the project can be completed more economically as a Force Account hereinafter referred to as the "FORCE ACCOUNT"; and The FORCE ACCOUNT is eligible for the expenditure of federal aid funds, and is identified in MnDQT records as State Project 127-591-003, and in Federal Highway Administration ("FHWA") records as Minnesota Project SRTS 0212(088); and The CFDA numbe�for this project is 20.205; and MnDOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY. A. DESIGNATION. The City designates MnDOT to act as its agent to accept and disburse federal funds made available for the Project. B. ELIGIBILITY/COSTS. The estimated cost of the FORCE ACCOUNT is$5,238. 1. it is anticipated that 100% (up to $ 5,238) of the cost of the FORCE ACCOUNT is to be paid from federal funds made available by the FHWA. The City will pay any part of the cost or expense of the work that the FHWA does not pay. 2. Any costs incurred by the City prior ta authorization, wi{I not be efigible for federal participation. Agreement no.03690 -1- 52 e 3. Eligible cost and expense, if approved, may consist of the following: a) The cost of perForming the security camera related work at Fridley Middle SchooL i b} The direct labor charges for Marco, Inc. employees for the time that said _ employees are engaged in the work to be performed by the City pursuant to � this agreement. Said labor charges may inc{ude the prorata share of"fabor additives" applicable to said labor charges. Costs to the City of"labor additives"consisting of holiday pay, vacation, sick leave, retirement, pension, unemployment taxes, compensation and liability insurance, lost time charges and similar costs incidental to labor employment will be reimbursed only when supported by adequate records. � I c) Expenditures for materials, supplies, mechanical data processing and ', equipment rental, limited to the actual expenditures for the purposes of this ' agreement. � 4. Expenditures for general administration, supervision, maintenance and other overhead or incidental expenses of the City are not eligible for federal participation. 5. Acceptability of costs under this agreement will be determined in accordance with the cost principles and procedures set forth in the applicable Federal Acquisition Regulations, Contract Cost Principals and Procedures, 48 Code of Federal Regulations (CFR) 31 which is hereby incorporated by reference and made a part of this agreement. 6. For costs expected to exceed $5,238, the City must request the preparation and execution of a supplement to this agreement, prior to incurring such costs. C. STAFFING. 1. The City will designate a publicly employed registered engineer, ("Project Engineer"), to be in responsible charge of the Project and to supervise and direct the work to be performed under any construction contract let for the Project. If City elects to use a priva#e consultant for engineering services, the City will provide a qualified, full-time public employee of the City, to be in responsible charge of the Project. The services of the City to be performed pursuant to this agreement may not be assigned, sublet, or transferred unless the City is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from its primary responsibility forperformance of the work. 2. During the progress of the work on the Project, the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant ta Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If MnDOT fumishes the services requested, and if MnDOT requests reimbursement, then the City will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the Agreement no.03b90 -2- 53 current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co-principal with respect to the Project. � 3. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project. D. CONTRACT ADMINISTRATION. 1. The City will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2. The City will prepare reports, keep records, and pertorm work so as to enable I MnDOT to collect the federal aid sought by the City. The City will retain all records and reports in accordance with MnDOT's record retention schedule for federal aid projects. ' ,i 3. Upon completion of the Project, the Project Engineer will determine whether the work will be accepted. � 4. A Request for Public Interest Finding for Force Account dated April 8, 2013 was submitted by the City and approved by MnDOT for the FORCE ACCOUNT work as described above. E. PAYMENTS. , 1. The entire cost of the Project is to be paid from federal funds made available by the FHWA, including eligible costs incurred as of the federal authorization date of 06/16/2014 and prior to the effective date of this Agreement, and by other funds provided by the City. The City will pay any part of the cost or expense of the Project that is not paid by federal funds. 2. The City may request partial payments not more than once each thirty (30) days. The Project Engineer will certify each partial estimate. 3. The invoice and supplements thereto, w'tll contain all details that may be necessary for a proper audit. Such details will consist of at least the following: (a) A breakdown of labor by individual, classification, dates and hours worked times the applicable rate to arrive at a total dollar amount for each individual. (b) The labor additive may be applied to total labor dollars, not including overtime labor dollars. (c) The equipment charges must be broken down by type of equipment times the applicable rate and dates used to arrive at tota{ equipment charges. , (d) A detailed breakdown of outside services used and supporting invoices. Agreement no.03690 -3- r 54 � Documentation that costs of outside services have been paid. (e) Detail for materials, supplies, and other items with the description, units, and unit prices included in the invoice. If materials or supplies are purchased from an outside source, a copy of that invoice must be included. (f} The invoices wi{I inc{ude 100% of eligible charges appficable to the Force Account so that the prorata share of federal and City participation can be applied to the total costs. 4. Following certification, by the Project Engineer, of the final estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to MnDOT and will include a copy of the certified final estimate along with the required records. . 5. Reimbursement of costs under this agreement will be based on actual costs, but limited to eligible items. F. LIMITATIONS. 1. The City will comply with all applicable Federal, State, and lacal laws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, and disabifity. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out the above requirements. 3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of MnDOT, and any and a11 claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, wi11 in no way be the ob{igation or responsibifity of MnDOT. The City will require proof of Workers' Compensation Insurance from any cantractor and sub- contractor. 4. All components purchased for this project must comply with the current Buy America policy based on the statutory provisions in the Surface Transportation Agreement no.03690 -4- 55 � Assistance Act of 1982, as implemented with a November 25, 1983, final nale and clarified by the�1997 memo. G. AUDIT. � 1. The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133 including amendments and successors thereto, which are incorporated herein by reference. 2. As provided under Mir�nesota Statutes Seetion 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, MnDOT, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of six years. The City will be responsible for any costs associated with the performance of the audit. H. MAINTENANCE. The Gity assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. I. CLAIMS. The City wi11 pay any and all IawFul claims arising out of or incidental to the pertormance of the Project work. The City acknowledges that MnDOT is acting on{y as the City's agent for receipt and disbursement of federal funds, and not as a principal or co-principa! with respect to the Project. In a11 events, the City will indemnify MnDOT and hold MnDOT harm4ess from any claims arising out of the Project. J. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA). This Agreement requires the City to provide supplies and/or services that are funded in whole or in part by federat funds that are subject to FFATA. The City is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the City provides information to the MnDOT as required. The City shall comply with the following: 1. Reporting of Total Compensation of the City's Executives. (a) The City shall report the names and total compensation of each of its five most highly compensated executives for the City's preceding completed fiscal year, if in the City's preceding fiscal year it received: . i. 80 percent or more of the City's annual gross reyenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the • Transparency Act (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports fifed under section 13(a) or 15(d) of . the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)} or section 6104 of the lnternal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Agreement no.03b90 -5- 56 Commission total compensation filings at http://www.sec.aov/answers/execomp.htm.). Executive means officers, managing partners, or any other employees in � management positions. (b) Total compensation means the cash and noncash dollar value earned by the executive during the City's preceding fiscaf year and includes the folfowing (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based � Payments. . iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension vafue. This is the change in present value of defined benefit and'actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax quali�ed. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 2. The City must report executive total compensation described above to the MnDOT by the end of the month during which this agreement is awarded. � 3. The City will obtain a Data Universal Numbering System (DUNS) number and maintain its DUNS number for the term of this agreement. This number sha11 be provided to MnDOT on the plan review checklist submitted with the plans for each project. Mare information about obtaining a DUNS Number can be found at: http://fedqov.dnb.com/webform/. 5. The City's failure to comply with the above requirements is a materiaf breach of this agreement for which the MnDOT may terminate this agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice.received from the City unless and until the City is in full compliance with the above requirements. � II. DUTIES OF MnDOT. A. ACCEPTANCE. MnDOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and wili act in accordance herewith. B. PROJECT ACTIVITIES. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project, and for reimbursement of eligible costs pursuant to the terms of this agreement. Agreement no.03690 -6- 57 C. PAYMENTS. 1. MnDOT will receive the federal funds to be paid by the FHWA for the Project, pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2. MnDOT will review and certify each partial pay request. Folfowing certification of the partial estimate, MnDOT will reimburse the City, from said federal funds made available to the Projeet, for each partial payrnent request, subject to the availability and limits of those funds. 3. Upon completion of the Project, the City will prepare a final payment request in accordance with the terms of this agree.ment. MnDOT will review and certify the final payment request with a final audit. 4. No more than 90% of the reimbursement due under this agreement will be paid. until completion of the final audit and approval by MnDOT's authorized representative. 5. 1n the event MnDOT does not�obtain funding from the FHWA or other funding saurce, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as MnDOT is able to process the federal aid reimbursement requests. D. AUTHORITY. MnDOT may withhold federal funds, where MnDOT or the FHWA , determines that the Project was not completed in compliance with federal .requirements. E. INSPECTION. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The City will make available all books, records, and documents pertaining to the work hereunder, for a minimum of seven years following the closing of the construction contract. III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have responsibility to administer this agreement and to ensure that all payments due to the other party are paid pursuant to the terms of this agreement. A. The City authorized representative is Layne Otteson, Assistant Public Works Director, 6431 University Avenue NE, Fridley,� MN 55432 or his successor. � B. MnDOT's authorized representative is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation, 395 John Ireland Boulevard, Mail Stop 500, St Paul, MN 55155, phone 651.366.3822, or her successor. IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. Agreement no.03690 -7- 58 . V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. � Vl. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing and be executed by the same parties who executed the original agreement, or their successors in office. VII. TERM OF AGREEMENT. This agreement wilf be effective upon execution by the City and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for five (5) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. V111. TERMINATION. This agreement may be terminated by the City or MnDOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a termination the City will be entitled to reimbursement for MnDOT-approved federally eligible expenses incurred for work satisfactorily pertormed on the Project to the date of termination subject to the terms of this agreement. I I Remainder of this page left intentionally blank Agreement no.03690 -8- 59 ' � IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed intend to be bound thereby. CITY DEPARTMENT OF TRANSPORTATION City certifies that the appropriate person(s) have executed the contract on its behalf as required By: by applicable resolutions,ordinances,or charter '� provisions Title: Director State Aid for Local Transportation Date: � By: Date: COMIvIISSIONER OF ADNiINISTRATION By: Title: ' Date: By: Date: Title: � Agreement no.03690 -9- 60 � AGENDA ITEM arroF CITY COUNCIL MEETING OF JULY 14, 2014 FRIDLEY TO: Walter T. Wysopal, City Manager PW14-033 FROM: James Kosluchar, Public Works Director Layne Otteson, Assistant Public Works Director DATE: July 9, 2014 SUBJECT: Street Rehabilitation Project No. ST2014-01 - Change Order No. 1 Attached is Change Order No. 1 for the 2014 Street Improvement Project No. ST2014-01. This project includes street rehabilitation, water main replacement and ancillary utility work in the North Industrial Park area. The project was awarded with the pipe bursting option identified as the water main replacement method. This change order includes changing the water main installation method and additional work outside of the original contract. The amount of the change order is $3,118.11, which is 0.21% of the original contract. Item #1 and #2 is for changing the water main replacement method from pipe bursting to open trench excavation. The Contractor determined that the high ground water table and soil type would elevate risks associated with pipe bursting. The Contractor proposed dewatering the length of the water main work and excavate using traditional open trench method. Staff met with the Contractor on several occasions to discuss method, schedule and cost. Staff determined the change in method would provide the following benefits: • Slight cost reduction • Flexibility in relocating hydrants and valves to better serve operations and maintenance • Eliminate risk of pipe bursting delays • Raise the pipe elevation to a standard depth (7.5') rather than reinstall at the existing depth (10') � • Western portion of Main Street would be fully reconstructed with new aggregate base and pavement Staff had several concerns with the change in method including: • Additional erosion control measures • Additional traffic control including detour signage 61 • Additional driveway access closures • Additional curb replacement The Contractor agreed to provide additional erosion control and traffic control as needed. The Contractor and City field staff would communicate in advance regarding access issues and resolve the property owner/tenant issues. In order to minimize the loss of curbing, the Contractor would use shoring equipment to protect the curbing to the maximum extent possible. Item #1 eliminates "Schedule E —Watermain (Pipe Bursting Option)" from the Contract. Item #2 adds the attached "Revised Watermain Schedule - Open Cut Excavation" for the revised water main work to the Contract (see Exhibit A). The net cost of both items is a contract reduction of$1,061.89. This work will be paid by Water Utility funds. Item #3 is additional costs to provide temporary water service to Dairy Queen. The temporary water connection through the exterior fixture didn't allow for enough flbw to maintain their chillers during the project. Alternate connection options into the building would potentially violating health codes and security risks. Staff directed the Contractor to excavate in the boulevard, provide a temporary connection directly to their larger service line and then restore the area. This option provided the needed water volume to operate their business for the duration of the water disruption. The cost of this item is $2,280.00. This additional work will be paid by Water Utility funds. Item #4 is additional cost to have the Contractor locate the existing 10" water main in order to install a valve on Main Street near Osborne Road. Staff was unable to locate the existing water main, thus the Contractor spent additional time (2.5 hours) searching for the water main. The main was significantly deeper and farther to the east than record drawings indicated. Utilities (gas, cable, etc) in the area complicated progress. This work was in the vicinity of Dairy Queen entrance and was coordinated to minimize impacts to their business. Soil compaction and restoration in the excavation area is included in the cost. The cost of this item is $1,900.00. This additional work will be paid by Water Utility funds. Staff is recommending that the City Council move to approve Change Order No. 1 to Astech Comoration in the amount of$3,118.11. The revised contract amount shall be increased from $1,486,193.48 to $1,489,311.59. LRO/Iro Attachments 62 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 AstechCorp• ............................................................July 9, 2014 PO Box 1025 St. Cloud, MN 56302 SUBJECT: Change Order No. 1 —2014 Street Rehabilitation Project No. ST2014-01 Gentlemen: You are hereby ordered, authorized,and instructed to modify your contract for the 2014 Street Rehabilitation Project No. ST2014-01 by including the following items: Item No. Descri tion Units Quanti Unit Price Cost Delete"Schedule E—Watermain (Pipe 1 Burstin O tion " L.S. 1.00 $367,797.00 $367,797.00 Add "Revised Watermain Schedule - 2 O en Cut Excavation" L.S. 1.00 $366,735.11 $366,735.11 Provide additional temporary water 3 service to Dai Queen HRS 3.00 $760.00 $2,280.00 Excavate and locate untraceable water main near Main Street and Osborne 4 Road H RS 2.50 $760.00 $1,900.00 Grand Total $3,118.11 Submitted and approved by James Kosluchar, Director of Public Works, on the 14th day of July, 2014 James P. Kosluchar, Director of Public Works Approved and accepted this day of , 2014 by ASTECH CORPORATION. Astech Corporation, Representative Approved and accepted this day of , 2014 by the CITY OF FRIDLEY Scott Lund, Mayor Walter T. Wysopal, City Manager 63 Exhibit A CITY OF FRIDLEY 2014 STREET REHABILITATfON PROJECT NO. ST2014-01 Change Order No. 1 Revised Watermain Schedule - Open Cut Excavation 9�1u1-14 Note - This Schedule is to replace "Schedule E -Watermain (Pipe Bursting Option�" of the Contract. Item MNDOT EST. UNIT EXTENDED No. NO. DESCRIPTION UNITS QTY PRICE PRICE 1 2021.501 Mobilization lS 1 $ 12,5QO.Q� $ 12,5Q0.�0 2 2104.501 Remove 6"and 8"Watermain LF 120 $ 18.50 $ 2,220.00 3 2104.501 Remove Concrete Curb and Gutter LF 120 $ 3.00 $ 360.00 4 2104.509 Remove Existin H drant&Gate Valve EA 5 $ 1,050.00 $ 5,250.00 5 2104.509 Remove Existin Gate Valve EA 6 $ 475.00 $ 2,850.00 6 2105.601 Dewaterin LS 1 $ 21,000.00 $ 21,000.00 7 2504.602 F 8�t H drant wl 6"Gate Valve EA 6 $ 5,100.00 $ 30,600.00 8 2504.602 F&I 10"Gate Valve EA 5 $ 3,050.00 $ 15,250.00 9 2504.602 F&I 8"Gate Valve EA 2 $ 2,500.00 $ 5,000.00 10 2504.602 Connect to Existin Water Main EA 2 $ 9,400.00 $ 18,800.90 11 2504.602 Connect to E�cistin Water Service EA 13 $ 800.00 $ 10,400.00 12 2504.603 Remove fumish and install 10"Watermain C-900 LF 2150 $ 77.75 $ 167,162.50 13 2504.603 �&I 8"DIP CI.52 Watermain LF 20 $ 51.75 $ 1,035.00 14 2504.603 F&I 6"DIP C1.52 Watermain LF 120 $ 46.50 $ 5,580.00 15 2504.608 Fittin s LBS 2000 $ 8.75 $ 17,500.00 16 2531.501 B618 Curb 8 Gutter LF 120 $ 27.00 $ 3,240.00 17 2563.601 Traffic Control LS 1 $ 850.00 $ 850.00 18 2574.525 4"Select To Soil Borrow CV CY 18 $ 17.75 $ 319.50 19 SPEC Tem ora Water Service LS 1 $ 27,000.00 $ 27,000.00 20 SPEC Remove Existin Water Service LF 110 $ 16.00 $ 1,760.00 21 SPEC Remove&Re lace 1"or 1 Y�"Curb Sto EA 3 $ 520.00 $ 1,560.00 22 SPEC F 8�I 1"or 1 '/:"Co oration Sto EA 11 $ 1,000.00 $ 11,000.00 23 SPEC F&I 1°or 1 Y�"Co er T e K Serv.Line LF 110 $ 52.00 $ 5,720.00 24 SPEC 1 '/"-3"Clear Rock TN 30 $ 36.00 $ 1,080.00 25 SPEC Seed Mixture 25-151 Fertilizer&H draulic Soil Stabilizer SF 120 $ 3.00 $ 360.00 26 SPEC Insulation 2"Thick 4'X8"Sheets w/Foil SF 400 $ 4,00 $ 1,600.QU 27 2211.604 Added cost to reclaim rather than mill(2150 x 12) SY 2867 $ 1.33 $ 3,813.11 28 N/A F81 Aggregate base construction LS 1 $ 6,000.00 $ 6,000.00 29 2112.501 Aggregate base prep STA 21.5 $ 150.00 $ 3,225.00 30 2360.502 2"Non-wear Bituminous SPNVWV8330B TN 400 $ 38.40 $ 15,200.00 g� 2104.513 Sawcut or milled edge LF 30U� $ 1.75 $ 5,250.00 32 2504.602 Connect to existing water main EA 2 $ 2,000.00 $ 4,000.00 33 N/A 10"Water Main pipe removal scheduled LS 1 $ 1,850.00 $ 1,850.00 34 N/A Watermain Credit-Method change from pipe burst to open cut LS 1 $ (42,600.00) $ (42,600.00) Subtotal-"Revised Watermaln Schedule-Open Cut Excavation" S 366,73b.17 Page 1 �4 � AGENDA ITEM � cmroF CITY COUNCIL MEETING OF JULY 14, 2014 FRIDLEY , TO: Walter T. Wysopal, City Manager PW14-036 FROM: James P. Kosluchar, Public Works Director DATE: July 10, 2014 SUBJECT: Approve Stormwater Maintenance and Access Agreements with Allina Health d/b/a Unity Hospital In late 2013, City and Coon Creek Watershed District staff met to discuss a proposed improvement at the Unity Hospital complex in �ridley, MN. The original hospital building was constructed in 1964 and the roof drainage was directed to the storm sewer on Lyric Lane with a 10" vitrified clay pipe line. In 1970, a three stage building expansion began. The second phase of this expansion added additional roof drainage to that existing storm sewer connection. This line would regularly surcharge,and allow backflow of storm water and flooding of the hospital's loading dock area. The hospital had some available green space in the southwest corner of the property that is low enough to intercept the roof runoff and drain by gravity to a filtration pond. By disconnecting the Lyric Lane system f�om the building roof drain system, Unity Hospital eliminates the opportunity for Lyric Lane stormwater runoff backing up into the hospital, and provides stormwater treatment in the form of filtered discharge into the ground water or City's storm sewer system via drain tile. This is a typical storm water retrofit project that was unde�taken by a private entity to improve drainage conditions. The Coon Creek Watershed District and City staff approved plans for this project early in 2014. As a condition of that approval, staff requires 1) a Maintenance Agreement, which ensures that the private entity will maintain the drainage and water quality improvements, and 2) an Access Agreement, which allows City staff to access the storm water management system to inspect the system, and repair it if the owner ever fails to do so(in which case charges are borne by the owner for all City costs). The establishment of these agreements are also rypical practice, and staff provides its standard form of agreement. As Unity Hospital had recently completed a similar agreement in 2009 for their facilities, they approved the prior fo�m of agreement used. Engineering and legal staff have reviewed the agreements executed by Unity Hospital and is satisfied that they provide similar rights and responsibilities to the City's standard form of agreement, and 65 recommends their approval. This approval would be provided as a convenience to Unity Hospital. Due to the non-typical nature of these agreements, we are requesting the City Council approve them. Staff recommends the City Council 1) move to aaurove the attached Peruetual Pondin_q, Storm Water Drainaae and Access Easement with Allina Health Svstem. d/b/a Unitv Hosaita/ and 2) move to anarove the attached Storm Water Maintenance Aqreement. with A/lina Health Svstem, d/b/a Unitv Hosaital. tf approved, staff will ensure that the documents are recorded after execution. JPK:jpk attachments 66 PERPETUAL PONDING,STORM WATER DRAINAGE,AND ACCESS EASEMENT This easement is made this _ day of June, 2014, by and between Allina Health System, d/b/a Unity Hospital, a Minnesota non-profit corporation, hereinafter referred to as "Unity", The City , of Fridley, a Municipality under the Laws of the State of Minnesota, hereinafter refened to as "City" and North Suburban Hospital District, a Minnesota municipal corporation and political subdivision,hereinafter referred to as "North Suburban". WHEREAS, North Suburban is currently the fee title owner af certain real property as legally described in EXHIBIT A-1 attached hereto (the"North Suburban Property")and leases a portion of the North Suburban Properiy described in EXHIBIT A-2 (the "Unity Properiy") to Unity pursuant to the Amended Lease and Note Purchase Agreement, dated as of.August 1, 1978, as amended by the First Amendment to Amended Lease and Note Purchase Agreement, dated as of May 1, 1979, as amended by an Amendment to Amended Lease and Note Purchase Agreement, dated as of January 1, 1985, as amended by the Third Amendment to Amended Lease and Note Purchase Agreement, dated as of October 1, 1985, as amended by the Fourth Amendment to Amended Lease and Note Purchase Agreement,dated as of October 1, 19$5, as amended by the Fifth Amendment to Amended Lease and Nate Purchase Agreement, dated May 8, 1991, and as further amended by the Sixth Amendment to Amended Lease and Note Purchase Agzeement, dateci February 17, 2010 (collecrively, the "Lease"), between the North Suburban and Unity (as successor-by-merger to Health Central, Inc.); and � WHEREAS, the City has required North Suburban to provide on site storm sewer system on the North Suburban Properiy for the treatment of storm water and to accommodate th,e rate of flow of area runoff;and WHEREAS, North Suburban desires to provide Unity and the City with a perpetual drainage easement and to provide Unity with a perpetual ponding easement;and V►�HEREAS, Unity, has agreed with North Suburban to be responsible for all requirements of North Suburban as owner of the Exhibit A-1 properiy to furnish, install and maintain the structural storm water treatment facilities on the Ponding and Drainage Easement Area(as defined below). 1 67 NOW TI-�REFORE IT IS AGREED AS FOLLOWS: 1. Ponding and Draina�e Easement. (a) North Suburban hereby declares and sub,j�cts that certain property described in Exhibit B attached hereto and incorporated herein ("Pondin� and Drainage Easernent Area") with a perpetual and non-exclusive ponding and drainage easement ("Ponding and Drainage Easement") over, under and across the Ponding and Drainage Easement Area for the benefit of the Unity Property. This Ponding and Drainage Easement ineludes the right of the Owiter of the Unity Properiy,its lessees, contractors, agents, and employe�s to enter upon the Ponding and Drainage Easement Area at a]I reasona.ble tirnes, for the purposes af constructing, operating, altering, reconstructing, inspecting and repairing ground surface drainage ways and ponds for the storage and treatment of stonn water in the Ponding and Drainage Easement Area, together with the right to excavate, dredge, and remove materials from the Ponding and Drainage Easement Area and to cut, t�im, or remove therefrom trees, shrubs, or other vegetatian as in the reasonable judgment of the owner of the Unity Property unreasonably interfere with the Ponding and Drainage Easement. (b) Unity shall maintain, at its sole cost and expense a commercial general liability insurance policy again.st claums for personal injury, death and property damage occurring in ar upon the Ponding and Drainage Easement Area and naming North Suburban as an additional insured and hazard insurance covering the full replacement value of the improvements to the Easement Area in the Ponding and Drainage Lasement Area and naming North Suburban as an additional insured. In the event that any improvements to ti�e Easement Area within the Ponding and Drainage Easement Area are damaged or destroyed by fire or other casualty, Unity sha11 restore the improvements to the Easement Area to the same condition they were in prior to such damage oz destruction. 2. Citv Easement. (a) North Suburban hereby establishes in favor of the City of Fridley, and binds itself and any future owner or owners of the subject properiy, including their successors and assigns, a perpetual drainage easement over that portion of North Suburban's property described in Exhibit C. (b) The City of Fridley reserves the right over the tracts described on Exhibit C for drainage and access purposes, and is granted the right to evaluate and maintain drainage systems within the subject easement, including the right to enter upon such tracts. (c) Neither Unity nor North Suburban shall interfere with and will not perform or undertake any activity that could materially damage or restrict the City of Fridiey's easement rights. Unity will maintain the subject property free of encroachrnents, except as may be approved by the City of Fridley. If Unity fails 2 68 to maintain the Ponding and Drainage Easement Area free of unapproved encroachments, the City of Fridley rnay remove any encroactiments of either Unity or North Suburban on the Gity of Fridley's easement and Unity will be responsible for bearing the cost of any such removal. 3. �ig6t tv Convev. North Suburban warrants that subject to e�sting easements and other matters of record, North Suburban is lawfully possessed of the land and has good and lawful right and power to convey, and that the property is free and clear of all liens and encumbrances except in the public records. 4. Runs with the Land. This easement runs with the land and is binding on Unity and North Suburban,their successors and assigns. ('The remainder of this page is intenlionally left blanl�) 3 69 IN WTTNESS WHEREOF,the parties hereta have hereunto set their hands this�day of _�2014. ALLINA HEALTH SYSTEM,d/b/a Unity Hospital, a Minnesota non-profit corQoration By: f.'1 � Its: /� STATE OF MINNESOTA) )ss. COUNTY OF��.��) The regoing Instnunent acknowledged befo e me this�day of -S c.t�. ,2014, by 5 � ,the� ,��h� o�t�h� DCt��- of Allina Health System,a non-profit corporation under the laws of the State of Minnesota,on behalf of the corporarion. ��� "� °orti�^���s Notary Pub NORTH SUBURBAN HOSPITAL DiSTRICT, a Minnesota municipal corporation and political subdivision By: J`'y�. Iis: STATE OF MINNESOTA) )ss. COUNTX OF.ANOKA ) The foregoin.g Instzurner�t was acknowledged before me this�day of �, , 2014,b � ,the (ih G�,�`�" o�North Sub bari Ho s pital District, a Minnesota municipal co ratian and political subdivision under the laws of State of Minnesota,on behalf of the corporation. �� :''�, R� ' R RILE Notary Pu lic Notary Public IV19t�sWa M. Commission Ex ire J nua 31,2075 � 7� CITY OF FRIDLEY, a political subdivision of the State of Minnesota By: I�s: STATE OF MINNESOTA) )ss. COUNTY OF ANOKA ) The foregoing Instrument was acknowledgetl before me tlus_,day of ,2014,by Debra A. Skogen,City Clerk,of the City of Fridley,a public body and corporate politic under the laws of the State of Minnesota,on behalf of the City of Fridley. Natary Public THIS INSTRUMENT DRAFTED BY: Kristi R. Riley,Esq. Barna,Guzy & Steffen, Ltd. 200 Coon Rapids Blvd. Suite 400 � Coon Rapids,MN 55433 763-783-5140 Email: kriley(a�,b,�s.com 627681-v2 S 71 EXHIBTT A-1 �I.eeal Descrintion of Nortb Suburban Pronertv) Lots 2, 3 and 3A, Block 1, UNITY ADDITIOI�T, Anoka County, Minnesota 72 EXIiIBIT A-2 (Legal Descriution of Unitv Pronertyl Lot 3A, Block 1, UNiTY ADDITION, Anoka County, Minnesota 73 EXHIBIT B �Panding and Dr�inage Easement Area) See attached. 74 i ( A drninoge easement over all of thot port of Lot 3, Block 1, UNITY ADDiT1pN, Anoko � County, Minnesoto, desc�ibed os follov►s: The east 20.00 feet of the west 172.00 feet � of the south 28.00 feet o�d the eost 186.Oa feet of the we�t 271.00 feet of the nortM 102.00 feet ot the south 130.00 feet. r - - - - � - --� I i _ _..� _ _ _ _ _ ._ _ — I t � - - - - - - - � - -27t.00—I- - - - - - - - - - - �- --I 1 cj � N � I I $ � I i �-- - - - i - - -ieg.00- - - - - - � --� I � � I i I � � �- - - - -•� I- -� -� �- - - - - - - — — — — —t 72A0— — — — — — — �- --I n' I �._... ___. I y� 20.00�_�.�. �__ ...._�..r.. EXHIBIT C �Descrintion of Citv Easement) See attached. 76 i � A droinoge easernent over all of thot part of Lot 3, Block 1, UNI7Y ADDITION, Anoka � County, �iinnesaia, described as foliows: The east 20.�0 feet nf the west 17Z.00 feet + of the south 28.Q0 feet nnd #he east 186.00 feet of tfie west 271.00 feet of the north 102.00 feet of the south 130.00 feet. r - - - - - - - - - - - - -i I � , � � - - - - - - - � - -2».00-�- - - - - - - - - - - �- --I . � J � N o I � $ o I � Q (-- - - - -� - - -ise.oa- - - - - � I � 1 �'I j � � � I 1 I � � � � _ ...... ... _.� ` — � -1— J � (_" - - - - - - -,�2.00- - - -- - - - r -� ^' I --- —�� � � 20.00�—�— --- ---- City of Fndley Storm Sewer Maintenance Agreement Page 1 STORM WATER MAINTENANCE AGREEMENT City of Fridley, Minnesota TH1S AGREEMENT made and entered into this day of June, 2014 by and between Allina Health System, d/b/a Unity Hospital, a Minnesota non-profit corporation, hereinafter refened to as "Unity", The City of Fridley, a Municipality under the Laws of the State of Minnesota, hereinai�,er refened to as "City" and North Suburban Hospital District, a Minnesota municipal corporation and political subdivision,hereinafter referred to as"North Suburban". WHEREAS, North Suburban is cunently the fee title owner of certain real property as legally described in EXHIBIT A-1 attached hereto (the "North Suburban Property") and leases a portion of the North Suburban Property described in EXHIBIT A-2 (the "Unity Property") to Unity pursuant to the Amended Lease and Note Purchase Agreement, dated as of August 1, 1978, as amended by the First Amendment to Amended Lease and Note Purchase Agreement, dated as of May l, 1979, as amended by an Amendment to Amended Lease and Note Purchase Agreement, dated as of January 1, 1985, as amended by the Third Amendment ta Amended Lease and Note Purchase Agreement, dated as of October 1, 1985, as amended by the Fourth Amendment to Amended Lease and Note Purchase Agreement, dated as of�ctober 1, 1985, as arnended by the Fifth Amendment to Amended Lease and Note Purchase Agreement, dated May 8, 1991, and as further amended by the Sixth Amendment to Amended Lease and Note Purchase Agreement, dated February 17, 20]0 (collectively, the "Lease"), between the North Suburban and Unity (as successor-by-merger to Health Central, Inc.); and WHEREAS, pursuant to the Perpetual Ponding, Storm VVater Dxainage, and Access Easement dated June^,2014 and filed of record in the Torrens Department on ,2014, as Document No. , and the Abstract Department on , 2014 as Doc�ment No. of Anoka County ("Easement"), North Suburban created a perpetual and non-exclusive ponding and drainage easement ("Ponding and Drainage Easement") over the Property legally described on the attached E�chibit B ("Ponding and Drainage Easement Area")in part for the benefit of the Unity Property;and WHEREf1S, Unity, pursuant to the Easement, is responsible for the irritial construction, operation and maintenance of tlie drainage facilities located on the Ponding and Urainage Easernent Area; and WHEREAS, the City has required North Suburban to provide on site storm sewer system on the North Suburban Property for the treatment of storm water and to accommodate the rate Qf flow of area runoff; and WHEREAS,Unity,on behalf of North Suburban agrees to fumish,install and maintain a structural storm water treatment device on the North Suburban Properiy as pari of such storm sewer system and do related grading,slope work and restoration;and WHEREAS,Unity,pursuant to the Easement has agreed with North Suburban to be responsible for all requirements of North Suburban as owner of the E�ibit A-1 property to fumish, instali and maintain the structural storm water treatment facilities on the Ponding and Drainage Easemsnt Area. 78 City of Fridlsy Storm Sewer Maintenance Agreement Page 2 NOW THEREF�RE IT IS AGREED AS FULLOWS: 1. Unity, on behalf of North Suburban, its successors and assigns, pursuant to the Easement and this Agreement assumes the full and sole responsibility for the condition, operation, repair, maintenance and management, at no cost to the City, for the on-site Starm Sewer System and drainage facilities on the Pontling and Drainage Easement Area, which meets generally accepted engineering standards for the purpose of receiving, retaining, treating and transportirig all stonm sewer water which may be collected within the system. 'The Storm Sewer System shall be defined as including piping, structures(manhole, catch basin, etc.) and structural storm water treatment device(s) on the Ponding and Drainage Easement Area. 2. The City shall not under any circumstances be responsible for the on-going physical performance of any repaixs, changes or alterations whatsoever to the on-site Storm Sewer System and the City shall not be liable for the cost thereof. 3. Unity,its successors and assigns,at no cost to the City, agree to regularly: a. Maintain and clean all portions of the Storm Sewer System including catch basins, manholes, piping, struct►ual storm water treatmant device(s}, outlet structure and any other associated portion of the Storm Sewer System serving this property prior to its connec#ion to the City Storm Sewer System. b. Repair ar replace any deficient portion of the Storm Sewer System. c. Remave and properly dispose of litter and debris collected by the Stonn Sewer System on an annual basis or more often if required by the manufacturer's recommendations for the stiuctural s�orm water tr�eatrneni device. A report of this activity must be sent to the City annually. 4. Unity and North Suburban agree to provide ac�ess to the Storm Sewer Systern on the North Suburban Properiy at a11 times for inspec4on by City Sta.ff. Unity and Notth Suburban agree to establish an access easement to the City of Fridiey fur the Stoml Sewer System. In doing so, however,Unity acknowledges that Unity is the sole entity responsible for any maintenance or continued performance of the Storm Sewer System. 5. Unity agrees to indemnify the City or North Subw�ban and hold hannless the City and North Suburban from any action and against any damages, which Unity or North Suburban may sustain as a result of the c�nstruction and maintenance of the Storm Sewer System located on North Suburbar►'s pmperty. b. Unity's vbligation to indemnify and hold the City and Narth Suburban harrriless in paragraph 5 above aiso inchxdes an abligation on the part af Unity to d�fend tkie City and/or North Suburban in any actions vvh�ch may be brought against the City and/or North SuburUan and as to which Unity has agreed to indemnify and hold hamiless the City and North Suburban as set forth ai�ove. 79 City of Fr+dl�y Storm Sewer Maintenance Agreemsnt Page 3 7. In the eves�t that the City beli�ves that Unity or 1±1orth Suburban are not maintauning the SfQrm Sewer System impravement in a fashion consi�ent with this agreement,t�the City shall give written natice t�c3 Unity and North Suburban detailing the deficiency in the macuier in wfiich Unity and North Subur�an are maintaining the Stcrrm Sewer Systexn. If tkurty (30) da�rs after receipt of this �tice tbe deficier�cy describ�l in the notice has not been cornacted by Unity andlor North Sub�an,then the City may v��thout fi�rther notice take any ste�s which it deerns reasonably necessary in arder to correct the deficiency.Urut��agrees to then reimburse the Gity within thirty(30)days of receipt of invoice for al!cost�incarred,ta incl�ie Administrative overhead, by the City in correcting the deficiency. If this invoice is rmt paid within thiity (30) days of neceip�, tl�n Unity and North Suburbaii agree that the City may assess the cast against Unity's property, but in no event shall such casts be assess�ed agaiast the Narth 5uburtrari Property. In the event that it becomes nece.ssa�y for the Ciry to assess the cos# for c�rreedng the deficiency as provided herein, #hera the City is authorized to direct the County Assessor to certify this assessment against Unity's real property siescribed above and Unity waives any zight to a public hearing wlvch may be sCatutarily ar constitutionatly pravidetl for. 8. That any notices required under this agreement shall be sent by certified mail,retum receipt r�uest+ed,or by personal service at the follawing address: Unity Haspital 550 Osbo�une Raad Fridley,MN 55432 Attn:vP-Operations North Suburban Hospiial Districi 7677 Bacon Drive N.E. Fridle}�, MN 55432 With copy to: Kristi R Riley,Esq. Barna,Guzy&Steffen,Ltd 400 Northtown Financial Plaxa 200 Coon Rapids Boulevard Minneapolis,MN SS433 FURTHER, IT iS AGREED thaa the provisions of this agreem�t shall• be binding upon and enforce�le against the pa�ties t�to, t#�ir succes�rs and assigls and all �bseq�nt ovvne�s of the P��Y here described. An execut�d copy af this agreement shall be filed with the Anoka County Recorder's Of�i+ce and made a part of and be binding upon the above descrit�d pxoperty. 80 City of Fridiey Storm Sewer Maintenance Agreement Page 4 IN WITNESS WHEREOF,tt�e parties hereto have hereunto set their hands this f 3 day of ,��_2014. ALLINA HEALTH SYSTEM,d/b(a Unity Hospital, a Minnesota non-profit corporation , By, � Its: STATE OF MINNESOTA) )ss. COUNTY OF�ho1C�c�. ) The foregoing Instrument was acknowledged before me this y�,day of �u��, ,2014,by ���,�rir„�, ,�e �id,�,•,�� � �n"t �uf Allina Health System,a non-profit corporation under the laws of the State of Minnesota,on behalf of the corporation, BIW614RA�tI�I ��e N°tary ic NORTH SUBURBAN HOSPITAL DISTRICT, a Minnesota municipal corporation and galitical subdivision By: Its: ( '�,��' o _ _ STATE OF NIINNESOTA) )ss. COUNTY OF ANOKA ) The foregoing Instrument was acknowledged before me this�day of , 2014,by�QQ rt�3� (YlaRtkPl6v�a�^the ct..tY of North Sub ban Hospital District, a Minnesota municipal co�'i�poration and political subdivision under the laws of the State of Minnesot�,on behalf of the corporation. y KR S 1 it RIkE ` �'�` Notary Pub1iG Nota�y ublic M+nnesota Canmissbn E res Jenum 31.2015 gl City of Frid�y Storm Sewer Maintenance Agreement Page 5 CITY 4F FRIDLEY, a political subdivision of the Sta#e of Minnesaca By: Its: STATE OF MTNNESOTA) )ss. COUN"fY OF ANOKA ) The foregoing Instrurnent was acknowledged before me t}us�,day of ,2�1 d,by Debra A.Skogen,City Clerk,of the City af Fridle}�,a put�lic body and corporate palitic under the laws of the State of Minnesota,on behalf of#he City of Fridiey. Notary Public THIS INS?RUMENT DRAFTED BY: Kristi R.Riley,£sq. Barna,�'ru�y&Steffen, L#d. 2U0 Coon Rapids Blvd. Suite 400 Coon Rapids,NiN 55433 763-783-5140 Email: kriiey�a,b�s.com 627670-v2 82 City of Frniley Stonn Sevvet Maintenance Agreement Page 6 --A120GEDURE— EXECUT'ION AND REGORDING OF STORM WATER MAINTEN,4NCE AGREEMENTS To Whom It May Concem: L t)vvne�s)must sign dacument as the name(s)appear on the deed ta the property or owners Duplicate Certificate of Title(Torrens property) A. Privately owned pm�peity shall be signed by husband ar�wife,if rnanied. Marital status shall be rr��ote�at the beginnu�g of the agreement and at the acknowledgment, B. Property ouned by a corporatian ar partr�ership sha11 be signed by an o#�icer of same. If corporation,under the laws of what state?if partnerstup,note type of partnership. C. All appropriate signattues shall be notarized.City employees are avai3able at no charge for this serviee. 2. If properiy is Torrens,the owners Duplicate Certificate of Title is required for retording. The City will rehun the certificate upon camptetion of th�rec�rding process, 3. Absoluiely no"white out"or other coxrective ag,ent is to be used on a docum�n� The County wiTl r�t�;cept it f4r recording. 4. Provide complete legal de�criptian and address af property. 5. Owner(s) must file Storm Water Maintenance Agreemeni and Storm Water Dr�n�e and Access Easemern with Az�oka County and provide proof of filing prior to and as a condition of issuing a Certificate of Uccupartcy[Approval by the City of Fridley. 6. If you ha�e suuy queslic�nns on the gmcedure or the e�ution of the docwnent,pl�e call the City of Fridley Engineering Dept(763)572-3552. 9123104, REV, 121 l0l09 83 City of Fridiey Stotm Sev,►er Mainie�ance Agresment Page 7 . EXHIBIT A-1 iLegal Deserintion of 1Varth Snburban Prot�ertv) Lats 2, 3 and 3A, Block 1, UNITY ADDITION, As�oka County, Mi�nesota 84 City of Fridley Storm Sewer Maintenance Agreement Page 8 EX�iIBIT A-2 (Lesal Description of the Unitv Propertv� Lot 3A, Block 1, UNITY ADDITION, Anoka County, Minnesota 85 City of Fridley Storm Sewer Ma�nter�an�Agreement P�e9 EXHIBIT B �Fonding and Draina�e Easement Area� Sse attached. 86 i � A droinage eosement over oll of thot port of Lot 3, Biock 1, UNITY AD�tT10N, Anoko � County, Minnesota, described os tollows: The eost 20.00 feet of the west 172.00 teet � of the south 28,00 feet ond the east 186.00 feet oF the west 271.00 feet o1 the north 102.00 feet of the south 130,00 feet. � - - - -- - - - - - - - - � - -� � I � i �-- - - - - - - - � - -27�.0o—I- - - - - - - - - - - 1- --, � I N c'� I I $ g 1 �--- - - - -� - - -�BS.00- - - - - - � --� I � � � � t I � I � �- - - - -.L ,_ -� -� r - - - - - - - - - - ---»z.�- - - - - - - r --r "' 1 --- --- �._ _� zo.00�—�-- --- ----- ` AGENDA ITEM �oF CITY COUNCIL MEETING OF JULY 14, 2014 FRIDLEY Date: July 9,2014 To: Walter T. Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg,Planner Subject: MT'N Improvement Agreement Background The attached Improvement Agreement is necessary to enumerate the City's expectations for code compliant parking lot expansion improvements at 8260 Hickory Street,the site of Metropolitan Transportation Network (MTN),which will satisfy resolution of an active court case the City has with the property owner. Completion of the improvements is anticipated this fall in order to meet the requirements of a settlement. Recommendation Staff recommends that the City Council approve the attached Improvement Agreement and also a storm water maintenance agreement under separate action. Authorizing the Mayor and City Manager to execute the agreements will enable MTN to complete the requirements of this court settlement. 88 IMPROVEMENT AGREEMENT FOR LOT 2, BLOCK 1 DAHLKE INDUSTRIAL PARK FRIDLEY, ANOKA COUNTY, MINNESOTA 89 CITY OF FRIDLEY IMPROVEMENT AGREEMENT FOR LOT 2,BLOCK 1 DAHLKE INDUSTRIAL PARK FRIDLEY,ANOKA COUNTY,MINNESOTA THIS AGREEMENT, made and entered into on the day of , 2014, by and between the City of Fridley, a municipality of the State of Minnesota, (hereinafter called the City), and Developer identified herein. RECITALS: WHEREAS,the Developer has applied to the City for approval of the Development Plans. WHEREAS, in conjunction with the granting of these approvals, the City reyuires the installation of storm water facilities and landscaping and the modification of municipal sewer and water service lines. WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412,429, and 462,the Council has agreed to approve the Development Plans on the following conditions: L That the Developer enters into this Improvement Agreement, which contract defines the work which the Developer undertakes to complete; and 2. The Developer shall provide an irrevocable letter of credit, or cash deposit or performance bond, in the amount and with conditions satisfactory to the City, providing for the actual construction and installation of such improvements within the period specified by the City. WHEREAS,the Developer has filed the Development Plans with the City. WHEREAS, the Development Plans have been prepared by a registered professional engineer and have been submitted to and approved by the Director of PWD. WHEREAS, Owner approves of and desires Developer to construct and complete the Developer Improvements. NOW,THEREFORE, subject to the terms and conditions of this Improvement Agreement and in reliance upon the representations, wananties and covenants of the parties herein contained, the City and Developer agree as follows: ARTICLE 1 DEFI1vITIONS 1.1 Terms. The following terms, unless elsewhere defined specifically in the Improvement Agreement, shall have the following meanings as set forth below. 1.2 C� "City"means the City of Fridley,a Minnesota municipal corporation. 2 90 1.3 Develoqer. "Developer"means Metropolitan Transportation Network, Inc. and its successors and assigns. 1.3a Owner. "Owner" means Tashitaa Tufaa and Nediyo Sado, husband and wife, and their heirs, successors and assigns. 1.4 Subiect Propertv. "Subject Property" means that certain real property located in the City of Fridley,Anoka County, Minnesota and legally described on the attached Exhibit A. 1.5 Develoument Plans. "Development Plans" means all the plans, drawings, specifications and surveys identified on the attached Exhibit B, and hereby incorporated by reference and made a part of this Improvement Agreement. 1.6 Improvement Agreement. "Improvement Agreement" means this instant contract by and between the City and Developer. 1.7 Council. "Council"means the Council of the City of Fridley. 1.8 PWD. "PWD"means the Public Works Department of the City of Fridley. 1.9 Director of PWD. "Director of PWD" means the Director of the Public Works Department of the City of Fridley and their delegatees. 1.10 Coun . "County" means Anoka County,Minnesota. 1.11 Other Regulatorv Agencies. "Other Regulatory Agencies" means and includes, individually and collectively,the following: a.) Minnesota Department of Transportation b.) Anoka County c.) Anoka County Highway Department d.) Coon Creek Watershed District e.) Mississippi Water Management Organization f.) Metropolitan Council g.) any other regulatory or governmental agency or entity affected by, or having jurisdiction over the Developer Improvements. 1.12 Utilitv Comnanies. "Utility Companies" means and includes,jointly and severally, the following: 3 91 a.) utility companies, including electric, gas and cable;and b.) pipeline companies. 1.13 Prior Easement Holders. "Prior Easement Holders" means and includes, jointly and severally,all holders of any easements or other property interests in the Subject Property. L14 Developer Improvements. "Developer Improvements" means and includes, individually and collectively, all the improvements identified in Article 3 and on the attached Exhibit C. 1.15 Develoner Default. "Developer Default" means and includes, individually and collectively,any of the following or any combination thereof: a.) failure by the Developer to timely pay the City any money required to be paid under the Improvement Agreement; b.) failure by the Developer to timely construct the Developer Improvements according to the Development Plans and the City standards and specifications; c.) failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Improvement Agreement; d.) breach of the Developer Warranties. 1.16 Force Maieure. "Force Majeure" means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.17 Develoner Warranties. "Developer Warranties" means that the Developer hereby warrants and represents the following: a.) Authoritv. Developer has the right,power, legal capacity and authority to enter into and perform its obligations under this Improvement Agreement, and no approvals or consents of any persons are necessary in connection with the authority of Developer to enter into and perform its obligations under this Improvement Agreement. b.) No Default. Developer is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this Improvement Agreement. Developer is not a party to or bound by any mortgage, lien, lease,agreement, instrument, order,judgment or decree which would 4 92 prohibit the execution or performance of this Improvement Agreement by Developer or prohibit any of the transactions provided for in this Improvement Agreement. c.) Present Comuliance With Laws. Developer has complied with and to the best of its knowledge is not in violation of applicable federal, state or local statutes, laws, and regulations including,without limitation,permits and licenses and any applicable zoning,environmental or other law, ordinance or regulation affecting the Subject Property and the Development Plans and the Developer Improvements; and Developer is not aware of any pending or threatened claim of any such violation. Notwithstanding the preceding paragraph,Developer has been cited for existing City Code violations in Anoka County District Court File No. 02-CR-13-4413 and as a part of the resolution and disposi"tion of that case, Developer has agreed to enter into this Improvement Agreement and construct the Developer Improvements, which are intended to conect the Subject Property's outstanding City zoning code non- compliance. d.) Continuing Comqliance With Laws. Developer will comply with all applicable federal, state and local statutes, laws and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the Development Plans and the Developer Improvements. e.) No Litigation. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending,or to the best knowledge of Developer threatened against or affecting Developer or the Subject Property or the Development Plans or the Developer Improvements. Developer is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. f.) Full Disclosure. None of the representations and warranties made by Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by Developer or on its behalf contains or will contain any untrue statement of material fact or omit any material fact the omission of which would be misleading. g.) Obtaining Permits. The Developer shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the Developer Improvements may be lawfully constructed. h.) Fee Title. Tashitaa Tufaa and Nediyo Sado, husband and wife, owns fee title to the Subject Property. 1.17(a)Owner Warranties. "Owner Warranties" means that the Owner hereby warrants and represents that Owner owns the Subject Property. 5 93 1.18 City Warranties. "City Warranties" means that the City hereby warrants and represents as follows: a.) Organization. City is a municipal corporation duly incorporated and validly existing in good standing under the laws of the State of Minnesota. b.) Authoritv. City has the right, power, legal capacity and authority to enter into and perform its obligations under this Improvement Agreement. 1.19 Formal Notice. Formal Notice means notices 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 and postal charges prepaid,addressed as follows: If to City: City of Fridley Attention: City Administrator 6431 University Avenue NE Fridley,MN 55432 If to Developer: Tashitaa Tufaa and Nediyo Sado 8260 Hickory Street NE Fridley, MN 55432 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. ARTICLE 2 APPROVAL OF DEVELOPMENT PLANS 2.1. Apnroval of Develoument Plans. The Development Plans are hereby approved by the City. ARTICLE 3 DEVELOPER IMPROVEMENTS 3.1 Developer Imarovements. The Developer shall install, at its own cost, the Developer Improvements in accordance with the Development Plans. The Developer Improvements shall be completed by the dates shown on Exhibit C, except as completion dates are extended by subsequent written action of the Director of PWD. Failure of the City to promptly take action to enforce this Improvement Agreement after expiration of time by which the Developer Improvements are to be completed shall not waive or release any rights of the City; the City may take action at any time thereafter, and the terms of this Improvement Agreement shall be deemed to 6 94 be automatically extended until such time as the Developer Improvements are completed to the City's reasonable satisfaction. 3.2 Ground Material. The Developer shall insure that adequate and suitable ground material shall exist in the areas of utility improvements to be made by Developer and shall guarantee the removal, replacement or repair of substandard or unstable material. The cost of said removal,replacement or repair is the responsibility of the Developer. 3.3 Grading/Drainage Plan. The Developer shall construct drainage facilities adequate to serve the Subject Property in accordance with the Development Plans. The grading and drainage plan shall include drainage swales to be sodded, storm sewer, catch basins, erosion control structures and ponding areas necessary to conform with the overall City storm sewer plan. The grading of the site shall be completed in conformance with the Development Plans. In the event that the Developer fails to complete the grading of the site in conformance with the Development Plans by the stipulated date,the City may declare the Developer in default pursuant to Article 11. 3.4 Area Restoration. The Developer shall restore all areas disturbed by the development grading operation in accordance with the approved erosion control plan. Upon request of the PWD, the Developer shall remove the silt fences after grading and construction have occurred. 3.5 Erosion Control. The Developer shall.provide and follow a plan for erosion control and pond maintenance in accord with the Best Management Practices (BMP) as delineated in the Minnesota Pollution Control Agency handbook titled Water Quality in Urban Areas. Such plan shall be detailed on the Development Plans and shall be subject to approval of the Director of PWD. The Developer shall install and maintain such erosion control structures as appear necessary under the Development Plans or become necessary subsequent thereto. The Developer shall be responsible for all damage caused as the result of gading and excavation within the Subject Property including, but not limited to, restoration of existing control structures and clean-up of public right-of-way, until all improvements are completed. As a portion of the erosion control plan, the Developer shall re-seed or sod any disturbed areas in accordance with the Development Plans. The City reserves the right to perform any necessary erosion control or restoration as required, if these reyuirements are not complied with after Formal Notice by the City as stated in Article 11. The Developer shall be financially responsible for payment for this extra work. ARTICLE 4 OTHER PERNIITS 4.1 Permits. The Developer shall obtain all necessary approvals, permits and licenses from the City, the Other Regulatory Agencies, the Utility Companies, and the Prior Easement Holders. Major design requirements of any such entities shall be determined prior to completion and incorporated into the Development Plans. All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the Developer. The Developer shall defend and hold the City harmless from any action initiated by the 7 95 Other Regulatory Agencies, the Utility Companies and the Prior Easement Holders resulting from such failures of the Developer. ARTICLE 5 OTHER DEVELOPMENT REQUIREMENTS 5.1 Miscellaneous Repuirements. Any additional requirements for approval of the Development Plans as specified by the Council are incorporated herein,as set forth in Exhibit D. ARTICLE 6 OWNER CONSENT AND ACCESS 6.1 Owner Consent. Owner consents to,agrees to and approves of the following: a.) Developer's entry upon the Subject Property for construction and completion of the Developer Improvements. b.) Developer's construction and completion of Developer Improvements. c.) The City's special assessment of any costs and expenses against the Subject Property pursuant to Section 11. 6.2 Access. Owner shall and agrees to provide Developer with continuous and unrestricted access to the Subject Property to construct and complete Developer Improvements. ARTICLE 7 � RESPONSIBILITY FOR COSTS 7.1 Develoaer Imnrovement Costs. The Developer shall pay for the Developer Improvements; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the City shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof,whether or not the City shall have approved the contract or subcontract. 7.2 Enforcement Costs. The Developer shall pay the City for costs incurred in the enforcement of this Improvement Agreement, including but not limited to engineering and reasonable attorneys'fees. 7.3 Time of Pavment. The Developer shall pay all bills from the CiTy within thirty(30) days after billing. Bills not paid within thirty(30)days shall bear interest at the rate of 8%per year. 8 96 ARTICLE 8 DEVELOPER AND OWNER WARRANTIES 8.1 Statement of Develoner and Owner Warranties. The Developer hereby makes and states the Developer Warranties. The Owner hereby makes and states the Owner Warranties. ARTICLE 9 CITY WARRANTIES 9.1 Statement of Citv Warranties. The City hereby makes and states the City Warranties. ARTICLE 10 INDEMNIFICATION OF CITY 10.1 Indemnification of Citv. Provided the City is not in Default under the Improvement Agreement with respect to the particular matter causing the claim, loss or damage, Developer shall indemnify, defend and hold the City , its Council, agents, employees, attorneys and representatives harmless 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: a.) breach by the Developer of the Developer Warranties; b.) failure of the Developer to timely construct the Developer Improvements according to the Development Plans and the City ordinances, standards and specifications; c.) failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Improvement Agreement; d.) failure by the Developer to pay contractors, subcontractors, laborers, or materialmen; e.) failure by the Developer to pay for materials; f.) failure to obtain the necessary permits and authorizations to construct the Developer Improvements; g.) construction of the Developer Improvements; h.) delays in construction of the Developer Improvements; 9 97 ' i.) all costs and liabilities arising because building permits or Certificates of Occupancy were issued prior to the completion and acceptance of the Developer Improvements. j.) all costs and liabilities arising because building permits were issued prior to the Developer obtaining the necessary permits and approval from the Minnesota Department of Transportation or Other Regulatory Agencies relating to grading, drainage and stormwater facilities. ARTICLE 11 CITY REMEDIES UPON DEVELOPER DEFAULT 11.1 Citv Remedies. If a Developer Default occurs,that is not caused by Force Majeure, the City shall give the Developer Formal Notice of the Developer Default and the Developer shall have thirty (30) days to cure the Developer Default. If the Developer, after Formal Notice to it by the City, does not cure the Developer Default within thirty (30) days,then the City may avail itself of any remedy afforded by law and any of the following remedies: a.) the City may specifically enforce this Improvement Agreement; b.) the City may suspend any work, improvement or obligation to be performed by the City; c.) the City may make a demand on the performance bond pursuant to Article 12 hereof; d.) the City may suspend or deny building permits for buildings within the Subject Property; e.) the City may,at its sole option,perform the work or improvements to be performed by the Developer, in which case the Developer shall within thirty (30) days after written billing by the City reimburse the City for any costs and expenses incurred by the City. In the alternative, the City may in whole or in part, specially assess any of the costs and expenses incurred by the City; and the Developer hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting therefrom, including, but not limited to, notice and hearing requirement and any claim that the special assessments exceed benefit to the Subject Property. The Developer hereby waives any appeal rights otherwise available pursuant to Minn. Stat. §429.081. 11.2 No Additional Waiver Imnlied Bv One Waiver. In the event any agreement contained in this Improvement Agreement is breached by the Developer and thereafter waived in 10 98 writing by the City, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the City must be in writing. 11.3 No Remedv Exclusive. 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 the Improvement Ageement 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. In order to entitle the City to exercise any remedy reserved to it, it shall not be necessary to give notice,other than the Formal Notice. 11.4 Emer�enc� Notwithstanding the requirement contained in Section 11.1 hereof relating to Formal Notice to the Developer in case of a Developer Default and notwithstanding the requirement contained in Section 11.1 hereof relating to giving the Developer a thirty (30) day period to cure the Developer Default, in the event of an emergency as determined by the Director of PWD, resulting from the Developer Default, the City may perform the work or improvement to be performed by the Developer without giving any notice or Formal Notice to the Developer and without giving the Developer the thirty(30)day period to cure the Developer Default. In such case, the Developer shall within thirty (30) days after written billing by the City reimburse the City for any and all costs incurred by the City. In the alternative,the City may, in whole or in part, specially assess the costs and expenses incurred by the City; and the Developer hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting therefrom, including, but not limited to, notice and hearing requirements and any claim that the special assessments exceed benefit to the Subject Property. The Developer hereby waives any appeal rights otherwise available pursuant to Minn. Stat. §429.081. ARTICLE 12 ESCROW DEPOSIT 12.1 Escrow Reauirement. Prior to the Developer beginning construction of the Developer Improvements and prior to obtaining any building permits, the Developer shall deposit with the City a performance bond acceptable to the City for the amount stated in Exhibit E. All cost estimates shall be acceptable to the Director of PWD. The total escrow amount for the performance bond was calculated as shown on the attached Exhibit E. The surety and form of the performance bond shall be subject to approval by the City Finance Director and City Attorney and shall continue to be in full force and effect until released by the City. The performance bond shall be for a term ending December 31, 2015. The performance bond shall secure compliance by the Developer with the terms of this Improvement Agreement. The City may make a demand upon the performance bond without any further notice than that provided in Section 11.1 and the performance bond relating to a Developer Default,for any Developer Default. 11 99 12.2 Escrow Release and Escrow Increase; Develoner Imarovements. If it is determined by the City that the Development Plans were not strictly adhered to, or that work was done without City inspection, the City may require, as a condition of acceptance or inspection and approval,that the Developer post an irrevocable letter of credit,or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. The additional irrevocable letter of credit, or cash deposit, shall remain in force for such time as the City deems necessary,not to exceed five(5)years. In the event that work, which is concealed, was done without permitting City inspection, then the City may, in the alternative,reyuire the concealed condition to be exposed for inspection purposes. ARTICLE 13 NIISCELLANEOUS 13.1 Citv's Duties. The terms of this Improvement Agreement shall not be considered an affirmative duty upon the City to complete any Developer Improvements. 13.2 No Third Partv Recourse. Third parties shall have no recourse against the City under this Improvement Agreement. 13.3 Recording. The Improvement Agreement shall be recorded with the County Recorder and the Developer shall provide and execute any and all documents necessary to implement the recording. Developer is responsible for all recording fees associated with the recording of the Improvement Agreement. 13.4 Bindin� Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Improvement Agreement shall run with the Subject Property, and shall be binding upon the successors and assigns of the Developer. This Improvement Agreement shall also run with and be binding upon any after acquired interest of the Developer in the Subject Property. 13.5 Contract Assignment. The Developer may not assign this Improvement Agreement without the written permission of the Council. The Developer's obligations hereunder shall continue in full force and effect,even if the Developer sells the Subject Property. 13.6 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Improvement 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 Improvement Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Improvement Agreement, waive compliance by another with any of the covenants contained in this Improvement Agreement, waive 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 Improvement 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 Improvement 12 100 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. 13.7 Governing Law. This Improvement Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 13.8 Counternarts. This Improvement 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. 13.9 Headinss. The subject headings of the paragraphs and subparagraphs of this Improvement Agreement are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. 13.10 Inconsistencv. If the Development Plans are inconsistent with the words of this Improvement Ageement or if the obligation imposed hereunder upon the Developer are inconsistent,then that provision or term which imposes a greater and more demanding obligation on the Developer shall prevail. 13.11 Access. The Developer and Owner hereby grant to the City, its agents, employees, officers, and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City during the installation of Developer Improvements. 13.12 Cooneration. In the event the Developer and Owner must execute or re-execute any documents for recording, including the Improvement Agreement and the Storm Water Maintenance Agreement referenced herein, Owner and Developer agree to cooperate and execute or re-execute said documents. IN WITNESS WHEREOF,the parties have executed this Improvement Agreement. 13 101 CITY OF FIRDLEY By: . Scott Lund Its: Mayor Walter Wysopal,City Manager STATE OF MINNESOTA ) ) ss. City of Fridley COUNTY OF ANOKA ) On this day of , 2014, 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 14 102 OWNER By: Tashitaa Tufaa By: Nediyo Sado STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014,by Tashitaa Tufaa and Nediyo Sado, husband and wife. Notary Public 15 103 DEVELOPER By: Tashitaa Tufaa Its Chief Executive Officer STATE OF MINNESOTA ) ) ss COUNTY OF ) On this day of , 2014, before me a Notary Public appeared Tashitaa Tufaa, who being by me duly sworn, did say that he is the Chief Executive Officer of Metropolitan Transportation Network, Inc., a Minnesota corporation; and that the foregoing instrument was executed in behalf of said corporation by authority of its Board of Directors; and said Tashitaa Tufaa acknowledged said instrument to be the free act and deed of said corporation. Not�y Publ i c THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Darcy M.Erickson,29598X LeVander, Gillen,&Miller,P.A. 633 South Concord Street Suite 400 South St.Paul,MN 55075 (651)451-1831 16 104 EXHIBTT A II LEGAL DESCRIPTION OF SUBJECT PROPERTY Real Property located in the City of Fridley, Anoka County, Minnesota, legally described as follows: Lot 2, Block 1, Dahlke Industrial Park,Anoka County, Minnesota. 105 EXHIBIT B LIST OF DEVELOPMENT PLANS DATE OF PLAN PREPARED PLAN PREPARATION BY 1.) Site Plan 3/7/14** 3athre-Bergquist,Inc. Page 1 of 3 Sheets 2.) Existing Conditions 3/7/14** Sathre-Bergquist,Inc. Page 1 of 3 Sheets 3.) Grading& Street Plan 3/7/14** Sathre-Bergquist,Inc. Page 2 of 3 Sheets 4.) Erosion Control Plan 3/7/14** Sathre-Bergquist,Inc. Page 2 of 3 Sheets 5.) Storm Sewer and 3/7/14** Sathre-Bergquist,Inc. Triton System Details Page 3 of 3 Sheets 6.) Triton Main Header Row 9/17/09 Triton Stormwater Solutions O&M Manual 7.) Triton Layout 2/20/14*** Triton Stormwater Solutions MTN Parking Lot Expansion Royal Environmental Services,Inc. Sathre-Bergquist, Inc. 8.) Triton Cross Section 2/20/14* Triton Stormwater Solutions MTN Parking Lot Expansion Royal Environmental Services, Inc. Sathre-Bergquist,Inc. 9.) Triton Access 1/24/12 Triton Stormwater Solutions Manhole Connection Royal Environmental Services,Inc. Triton—Standard Details Sathre Berquist,Inc. 10.) Triton Access 7/18/12 Triton Stormwater Solutions Inspection Port Royal Environmental Services,Inc. Triton—Standard Details Sathre-Bergquist,Inc. 11.) Triton Header Row 5/21/12 Triton Stormwater Solutions With Sediment Floors Royal Environmental Services, Inc. Triton—Standard Details Sathre-Bergquist,Inc. 106 12.) Acceptable Fill Materials 1/28/13 Triton Stormwater Solutions Triton—Standard Details Royal Environmental Services, Inc. Sathre-Bergquist, Inc. 13.) Landscape Plan 5/9/11 RLK, Incorporated Sheet#9 14.) Grading Take-Off 4/18/14 Sathre-Bergquist, Inc. ***Revised on February 26, 2014,March 6,2014,and May 27,2014. ** Revised on May 8,2014 and May 28,2014. *Revised on February 26, 2014. The above-listed Development Plans were approved by the City Engineer on June 11, 2014. The Development Plans also include compliance by the Developer with the conditions set forth in the following: 1. Email correspondence from Assistant City Engineer Layne Otteson to Nathan Herman, dated May 23,2014; and (the"Engineering Memo"). The Engineering Memo is on file with the City. 107 EXHIBIT C DEVELOPER IMPROVEMENTS The items checked with an "X" below are the Developer Improvements. CHECKED COMPLETION DATE IMPROVEMENT X prior to the issuance of general site a land alteration permit erosion control X 10=15-14 completion of improvements identified in Development Plans X 10-15-14 grading and drainage X 10-15-14 storm water facilities (underground storm water system,NURP pond and infiltration basin) X . 10-15-14 catch basins or environmental manhole(relating to water quality pre-treatment) X 10-I 5-14 expansion of parking lot with bituminous on east side of Subject Property and construc- tion of new driveway** X 10-15-14 landscaping* X 10-15-14 retaining wall **No additional parking lot impervious surface may be installed on the Subject Property until all of the storm water facilities are functional and the sanitary sewer has been reconstructed. *Landscaping includes turf establishment and turf growth—mere seeding is insufficient. 108 EXHIBIT D MISCELLANEOUS REOUIREMENTS AND CONDITIONS IMPOSED BY THE CITY 1.) CONDITIONS TO BE SATISFIED BEFORE CITY ISSUES A LAND ALTERATION PERMIT FOR THE SUBJECT PROPERTY. Before the City issues a land alteration permit for the Subject Property all the following conditions must be satisfied: a.) Developer must execute this Improvement Agreement. b.) Developer must provide the performance bond and letter of credit, if any is required, for the amount stated on Exhibit E of this Improvement Agreement. c.) Developer must execute a Stormwater Facilities Maintenance Agreement for the Subject Property. The form of the agreement is subject to the approval of the City Attorney and the Director of PWD. d.) Provide a scalable survey and site plan including a parking plan sufficient to meet the businesses needs without street parking. Parking analysis can be in the form of a table on the drawing showing Code required parking. e.) Obtain overall expansion plan approval from the City Engineer f.) Obtain Coon Creek Watershed District Permit for Developer Improvements g.) Obtain all necessary permits for structures such as underground storm water storage tanks prior to construction. h.) Final landscape plan approval by the Community Development Director i.) Cease on street parking by employees and for any business related vehicles. j.) Developer must show evidence to the City that the following documents have been recorded: • Improvement Agreement • Storm Water Facilities Maintenance Agreement 2.) CONDITIONS TO BE SATISFIED NO LATER THAN OCTOBER 15,2014. No later than October 15, 2014,all of the following conditions must be satisfied: a.) All of the conditions in paragraph 1 of this Exhibit D have been met. b.) Grading and drainage must be completed. 109 c.) Complete installation of infrastructure based on plan, including code required curbing and paving based on City approved plan. d.) The catch basins or environmental manhole relating to water quality pre-treatment shall be installed. e.) The reconstruction of the sanitary sewer manholes shall be complete. f.) The storm water facilities (including the infiltration basin, the underground storm water system, storm sewer pipe and the NURP pond) must be fully installed and functional to a level reasonably approved by the City Engineer. g.) The new driveway and the expanded parking areas serving the building within the Subject Property shall be constructed and approved by the City and determined by the City to be available for use. h.) Landscape materials to be installed in accordance with approved Landscape Plan i.) The Developer shal]provide the City with as-built record plans. 4.) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING PROPERTY. The escrow amount stated on Exhibit E shall include an appropriate amount as determined by the Director of Public Works to assure that the Developer removes any construction debris from streets adjoining the Subject Property and from private properties that adjoin the Subject Property. During the construction within the Subject Property the Developer is responsible for removing any construction debris (including construction material and other waste products resulting from construction) that may be blown from the construction site into adjoining private properties or into City streets or that may fall from delivery trucks onto adjoining private properties or City streets. Further, during construction, the Developer must clear the City streets of any dirt or other earthen material that may fall onto the City streets from the delivery trucks that are being used in the excavation and grading of the Subject Property. 110 EXHIBIT E ESCROW CALCULATION DEVELOPER IMPROVEMENTS 1.) Site grading, drainage and $20,000.000 erosion control 2.) Stormwater Facilities $58,000.00 (including infiltration basin, underground infiltration system, NURP pond and storm sewer pipe) 3.) Parking Lot Reconstruction $58,000.00 (including base,pavement, curbing, striping, and related work) 4.) Landscaping $ 2,200.00 5.) As-built Record Plans $ 2,500.00 6.) Construction debris clean-up $ 2,500.00 SUBTOTAL: $143,200.00 Multiplied by 1.05 TOTAL ESCROW AMOUNT: $150,360.00 111 EXHIBIT E ESCROW CALCULATION (Continued) EngineerinE Escrow Amount In addition, the Owner or Developer has already deposited $3,000 in cash with the Coon Creek Watershed District(hereafter"Engineering Escrow Amount"). Owner and Developer agree that the available balance of the Engineering Escrow Amount with the Coon Creek Watershed District shall be available to the City to pay for deficiencies and problems related to grading, drainage and erosion control and landscaping on the Subject Property and failures, if any, of the Owner and Developer to comply with maintenance obligations for stormwater facilities in the event such problems and deficiencies arise. Owner and Developer specifically authorize the Coon Creek Watershed District to make the Engineering Escrow Amount balance, if any, available to the City for any deficiencies and problems set forth herein and to use the Engineering Escrow Amount to correct any such deficiencies or problems or to protect against further deficiencies or problems. To the extent the amount needed to correct the deficiencies and problems relating to grading, drainage, erosion control, or landscaping or maintenance obligations for stormwater facilities exceed the deposited $3,000 Engineering Escrow Amount, the Developer is responsible for payment of such excess within thirty (30)days after billing by the City. 112 � AGENDA ITEM arroF CITY COUNCIL MEETING OF JULY 14, 2014 FRIDLEY Date: July 9, 2014 To: Walter T. Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones,Planning Manager Stacy Stromberg,Planner Subject: MTN Storm Water Maintenance Agreement Background The attached Storm Water Maintenance Agreement is necessary to enumerate the City's expectations for code compliant parking lot expansion improvements at 8260 Hickory Street,the site of Metropolitan Transportation Network(MTN),which will satisfy resolution of an active court case the City has with the property owner. Completion of the improvements is anticipated this fall in order to meet the requirements of a settlement. Recommendation Staff recommends that the City Council approve the attached Storm Water Maintenance Ageement in addition to an Improvement Agreement under separate action. Authorizing the Mayor and City Manager to execute the agreements will enable MT'N to complete the requirements of this court settlement. 113 STORM WATER MAINTENANCE AGREEMENT City of Fridley, Minnesota THIS AGREEMENT made and entered into this day of , 2014 by and between Tashitaa Tufaa and Nediyo Sado, husband and wife, "Owner" of the below described property; and the City of Fridley, a Municipality under the Laws of the State of Minnesota, hereinafter referred to as "City". WHEREAS, the OWNER owns real property located in the City of Fridley, legally described as follows: Lot 2, Block 1, Dahlke Industrial Park, Anoka County, Minnesota WHEREAS, the City has required the Owner to provide on-site a Storm Sewer System for the treatment of storm water and to accommodate the rate of flow of area run-off, and WHEREAS, the Owner agrees to furnish, install and maintain a structural storm water treatment device on the above described property as part of such Storm Sewer System and do all relating grading, slope work 9/23/04, REV. 12/10/09 114 and restoration, and WHEREAS, the owner agrees to construct storm sewer piping and storm sewer structures as part of such Storm Sewer System to the approval of the City. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The Owner assumes the full and sole responsibility for the condition, operation, repair, maintenance and management, at no cost to the City, for an on-site Storm Sewer System which meets generally accepted engineering standards for the purpose of receiving, retaining, treating and transporting all storm sewer water which may be collected within the system. The Storm Sewer System shall be defined as including piping, structures (manhole, catch basin, etc.) and structural storm water treatment device(s). 2. The City shall not under any circumstances be responsible for the on-going physical performance of any repairs, changes or alterations whatsoever to the on-site Storm Sewer System and the City shall not be liable for the cost thereof. � 3. The Owner agrees, at no cost to the City, to regularly: a. Maintain and clean all portions of the Storm Sewer System including catch basins, manholes, piping, structural storm water treatment device(s), outlet structure and any other associated portion of the Storm Sewer System serving this property prior to its connection to the City Storm Sewer System. b. Repair or replace any deficient portion of the Storm Sewer System. 9/23/04, REV. 12/10/09 115 c. Remove and properly dispose of litter and debris collected by the Storm Sewer System on an annual basis or more often if required by the manufacturer's recommendations for the structural storm water treatment device. A report of this activity must be sent to the City annually. 3a. A portion of the Storm Sewer System is underground. Owner is installing the Triton Underground Storm Water System. The Engineering drawings for and documentation regarding the Triton Underground Storm Water System are set forth in Exhibit A to this Agreement and incorporated herein. In addition to the other obligations and duties set forth in this Agreement, the Owner specifically agrees to perform the following tasks: a. Use a jetvac to back flush the row to the system access when the header (isolation) row has 3 inches of sediment throughout the row; specifically, Owner will back flush to the 23 inch head row access manhole. b. Annually inspect or permit annual inspection on the system until the maintenance frequency for the Triton Underground Storm Water System is determined. c. Clean the Triton Underground Storm Water System once an average of three inches of sediment and debris has accumulated. Owner agrees that the maintenance frequency for the Triton Underground Storm Water System shall be the accumulation of 3 inches of sediment and debris. Owner agrees that, with respect to Owner's maintenance obligations and duties, to the extent there is any conflict between or among them as set forth in this Agreement, the strictest or more frequent maintenance obligation and duty shall control. 4. The Owner agrees to provide access to the Storm Sewer System at all times for inspection by City 9/23/04, REV. 12/10/09 116 Staff. The Owner agrees to establish an access easement to the City of Fridley for the Storm Sewer System, including the Storm Water Treatment System. In doing so, however, the Owner acknowledges that the Owner is the sole entity responsible for any maintenance or continued performance of the Storm Sewer System or Storm Water Treatment System. 5. The Owner agrees to indemnify and hold harmless the City from any action and against any damages which the Owner may sustain as a result of the construction and maintenance of the Storm Sewer System located on the Owner's property. 6. The Owner's obligation to indemnify and hold the City harmless in paragraph 5 above also includes an obligation on the part of the Owner to defend the City in any actions wh�ich may be brought against the City and as to which Owner has agreed to indemnify and hold harmless the City as set forth above. 7. In the event that the City believes that the Owner is not maintaining the Storm Sewer System improvement in a fashion consistent with this agreement, then the City shall give written notice to the Owner detailing the deficiency in the manner in which the Owner is maintaining the Storm Sewer System. If ten (10) days after receipt of this notice the deficiency described in the notice has not been corrected by the Owner, then the City may without further notice take any steps which it deems reasonably necessary in order to correct the deficiency. The Owner agrees to then reimburse the City within thirty (30) days of receipt of invoice for all costs incurred, to include Administrative overhead, by the City in correcting the deficiency. If this inyoice is not paid within thirty (30) days of receipt, then Owner agrees that the City may assess the cost against the Owner's property. In the event that it becomes necessary for the City to assess the cost for correcting the deficiency 9/23/04, REV. 12/10/09 117 as provided herein, then the City is authorized to direct the County Assessor to certify this assessment against the Owner's real property described above and the Owner waives any right to a public hearing which may be statutorily or constitutionally provided for. 8. That any notices required under this agreement shall be sent by certified mail, return receipt requested, or by personal service at the following address: If to City: City of Fridley Attention: City Administrator 6431 University Avenue NE Fridley, MN 55432 If to Owner: Tashitaa Tufaa and Nediyo Sado 8260 Hickory Street NE Fridley, MN 55432 9. Counterparts. This Storm Water Maintenance 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. FURTHER, IT IS AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, #heir successors and assigns and all subsequent owners of the property here described. An executed copy of this agreement shall be filed with the Anoka County Recorder's Office and made a part of and be binding upon the above described property. [The remainder of this page has been intentionally left blank.] 9/23/04, REV. 12/10/09 118 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this day of , 2014. [Signature pages to follow.] 9I23/04, REV. 12/10/09 119 CfTY OF FRIDLEY By: Scott Lund Its: Mayor By: Walter Wysopal Its: City Manager STATE OF MINNESOTA ) ) ss. City of Fridley COUNTY OF ANOKA ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared Scott Lund and Waiter Wysopai 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 municipafity. Notary Public 9/23/04, REV. 12/10/09 120 TASHITAA TUFAA NEDIYO SADO STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2014, by Tashitaa Tufaa and Nediyo Sado, husband and wife. Notary Public THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Darcy M. Erickson, 29598X LeVander, Gillen, & Miller, P.A. 633 South Concord Street Suite 400 South St. Paul, MN 55075 (651) 451-1831 9/23/04, REV. 12/10/09 121 Exhibit A 9/23/04, REV. 12/10/09 122 NOTES: ----- 1. PIPE/MANHOLE CONNECTION TO BE GROUTEO. 2. PIPE/CHAMBER CONNECTIONS PER LATEST INSTALLATION INSTRUCTIONS. _— -- --_-- _.__ .. — - , _ _ __ _-._._ __— CASTING PER � - _ � —_ _ - - - � - ENqNEER'S � SPEqFlCATION '� I �D' PIPE I ��'� i �I ' '—L. - - eae" (iw.) __ -----� —�-__- -__---- - -__--- --- END CAP MAX PIPE DIAMETER,OD(IN.): SEE CHAMBER CROSS SECTION DETAIL. � N F.__ _ -�r�� : . � w y� -� .: �..:;. °. :. : .. .:' _ ...`. ':`����, ,e• �iN.� I -I; '- ----- � 6 MIN.) �.� � � t�'� " I � ,� ;._.� f �D' PIPE � �_� (wUCJ I i - - , i �� ' - - —B 7M-iN.) 24� (TYP.) +�- 48" �•)— ��1 `I — _ � — � '� -_�I��� �-- - - t' 1— � _ _ I _ .� . . . .. . 1-.��. t_��I �_ � �y��� '��) 1 �.�4��� - y^ — �� - T _ .. _ � Tr_=I i�`f41_ _ _ - - =�"i�,� ` - .. . ' � — —�� — _ - i� - i � ,�� 1+�,� � - - .� ���---I�- -� � . I`r= —� —{ t- �-1-:1 -�-_� _.T�-_� -- � ��-_ _.. }-�' -.-� T -� .� ...:!,_ __ !- �rl� _ _. = � - _ . �-- - t- - -�i-- _ 7' MIN. BEfWEEN PIPE O.D. ANO 80TTOM Of CHAMBERS 0 4 8 _..._._.._ _ 1�_�----- _ _ Scale in feet CONCgi�TUq�NuN_a_SCi.�iMeg; � � OISTRIBUTED EXCWSNEIY IN MN BY: THI^u GENERIC DcTAII DOES NOT ENCOMPqSS THE SILNG,f-TT,AND ///��������{ (((��}7}}���� r�—'��-� REEN T RITO N ACC E S S APPLICAOIIITY Of iHE TRITON GMMOER$Y3TEM FpR TN19 SPEGFIC �jRry ',��(J,`/rJ eei:�j2 R� a! PROJECT.IT IS TH[ULTIMATE RESPONSItl1UTV OF TME�ES�GN P7 'si�.v itia�i�as '��"�" ENOINEERTOA$3URETIIATTIIESTORMWATERSYS7EMOFSIGNISIN �� MANHOLE CONNEC�ON •'a"�^�+�m�a..- fVI.L COMP�IANCC WITI�I ALI.MPt,�CABLE LAWS AND REGUTATIONS. � �� • ' • • . .�...,...,.,,.�.._.... fFITUN PRODUC75 MUSi O[OLS�GNEO ANO INSTAILED NJ ACCOfZOANCE WITH TR170N5 MINIMUM RE�U�RFMF.NiS.TRITON 9864�ST GF2AND RIVER,SUITE 110,M776 30622 FOREST BOULEVARD.P.O.BOX 430 STORMWA�ERSOLUTIONSANDR01'�LENVIRONMENTALSVST[M:i BRIGHTON,MI48116 REV�SED• srncv,MN55b�s INC.DO NOT Af�PROVF.f+t/�NS.5121NG,OR SVSTEM OESIGNS.TH[ PHONE:(810)222-7652 • FAX:(B10)222-1769 TRITON -STANDARD DETAILS � �HOr,F:�aoo�e,�•azao • FAX:(651)462-6990 u[�iGNENGINEERISR[SPON^u1DLLFORALtOCSIGNDECISIONS. y�ryyy�l,TRIiONSWS.COM 1-24-12LRH WWW.ROYALENTERPRISES.NET NEENAH R-1976 FRAME AND LID 44" DIAMETER X 5" PAVEMENT CIRCULAR CONCRETE TOP SlAB WITH 12" DIAMETER CONCENTRIC ACGESS HOLE �-,-T –j, , _ ,- �;.�-����� 1.1_��../��.../_.1_L �_LL.:LLl � y-1 r--l— � .. : EXTEND RISER PIPE APPROX. --- �;�� , : s 3" INTO THE TOP SLAB -— -- ' - �` --' 10" PVC RISER � , 18" (MIN.) 6" (MIN.) AASHTO M288 CLASS 2 _ . NON—WOVEN GEOTEXTILE � OR EQUAL ti 6" (MtN.) EXTEND RISER PIPE A MIN. OF 5" INTO THE CHAMBER _. \ � � N � A � NOTES: �_ 1. CONNECT RISER TO CHAMBER PER LATEST ,.� ��,f�, � 6" (MIN.) INSTALLATION INSTRUCTIONS. , � � 2. CONNECTiON OF THE STANDPIPE TO THE TOP \�"-�.\/�'`�i�``\��' �`\������/�\� `� \` \/i\\ ;, , „ ��/,\%.' %\\: \\;;��jr SlAB IS TYPICALLY NOT NECESSARY. IF A .;;,'/� ";�;i',; `'i;'/;' �,, /:`�\;j�:�'/%' CONNECTION IS dETERMINED TO BE ��� `.` �`% %`����� �r` �'�`��� NECESSARY,A FLEXIBLE CONNECTION IS ��%\�i / \/i �/\'/\\�%�!�f �/ . , REQUIRED. ���i��%.\`,: ����i;:;1�/���:�' �� ��..:_�.�_>_� ,>�.:�--__ _._:_ _/_.1�_�'_.��_:./._ 0 2 4 �-- -------- — -----------......_.._ Scale in feet ���� �� DISTRIBUTED EXCLUSIVELY IN MN BY: �oN�F��,,,``��:o�S�,,MF� �`" TRiTON ACCESS (si a THIS GENERIC�ETAIL OOES NOi ENCOMPASS TH[SILNQ FIT,AND 1 �����y-��-p�-�� GREEN �j APPLICABll17Y OF THF TR�TON CHAMBER SVSTEM FOR THIS SPEGfIC 1 "'r�' "„'` �KGS[tiE. RV NI PFqJECT.IT 4S TH[VLTIMATE RESPONSIBIUTY OF THE OESIGN a'av.:i . �� �:,,...: y ENGIHEERlOASSUREiHAI'TIiESTORL'IWATERSYSTEti10E51GNISIN � • . , lNSPECTIONPORT ,.,...__,.. _.�^....�- . • FULLCOAIPLIAN(:EWITHqIA.qPP�ICABIE•LAWSANOR[:GUl.AT10N5. ��._ ' • irtitcxa•rROOUCTS uusr ee oESic�eo nNO wsini�eo w , 9864 EAST GRANU RIVER.SUITE�710,#176 30622 FOREST BOULEVARD,P.O.BOX 4�0 ACCORUANCF WITFi TRITON'9 MINIMUM REQUIR£MENTS. TRITON 5T(NiMW�TER SOLUilONS ANO ROYAL ENVIFiONMENTAL SY$TEMS ORIG�ITON,MI 46t 16 REVISED: STACY,MN SS079 ING UO NOT APPROVF.PLnNS.51ZING,OR SVSTEM OESION3.THE PHONE(St0)222-7852 • FAX:(R70)22J-17F9 TRITON -STANDARD DETAILS PHONE:(800)817-:420� • FAX:(657j 461-b990 DESIGNENGWEERISRfSM)NSI[1lEFORALLDESIONOECISIlM19. yyWW,TRITONSWS.COM 7-18-12 DJM VJWW.ROYALENTERPRISES.NET i ' � � ; ' ENO caa + � C � � � '� NOTES: AASHTO M288 CLASS 2 NON-WOVEN GEOTEXTILE OR EWAL HEADER ROW • SEE ACCESS DETAIL FOR TRITON (SEE NOTE BELOW� HEADER ROW ACCESS • GEOTEXTiLE TO BE PLACED AS ONE PIECE,LENGTNWISE BETWEEN BASE STONE SEDIMENT FLOORS: •• �.0'WIDTH FOR S-29 CHAMBERS HEAQER ROW •• 5.5'WIDTH FOR C-10 CHAMBERS r •• 5.0'WIDTH FOR M-6 CHAMBERS . N r-- : ': . •" ':';•': F°"'"'°"`'m�'°�"1'°",wr'M'°� -"T .�,.. ':.'.,''t .�c�cret m z4�aa�rt' 18" (MIN.) CI1 -. . . .: .. '• :.:., .' ... . . ,.. . <.:. . .. -: ..`. ; ' � �f- i- 6 MI--�-N'�-L fI'�(I t �i_--�i�, . I c�-��.—=� � r r��= -L -(�1 t,2° � i 6 MIN. �-C, . � � __ _ .- __ ��! -_ - - ► .ji:�. � 1 j _:� . �'. �i - �, �i=j1 — l IH 1 -{��-� i -- 72� (MIN.) AASH70 M288 CLASS 2 NON-WOVEN GEOiElCi1LE OR EOUAL TO 8E PUCEO BQOW SEOIMENT ROORS AND E7(IENDED UPWARD ALONG THE HEAOER ROW CHAIABERS qPPROXIMATEi.Y i' ON SIDES AND ENDS 0 4 8 Scale in feet ' DISTRIBUTED EXCIUSNEIY IN MN BY: CUNCF.PTUAINLANDi5CU1Mf2 .�; '�-~`� «RE�� � TRITON HEADER R�W TNIS GENERIC OETAIL DOES NOT ENCOMPASS THC-SIZING,FtT,qNp aJ R�yal APPLIGBILIT'OF THE TRITON CHAl,IBFR SYSTEM FO(t TNIS SPEpFIC �j�.• i� N r.x4Z�,Q1. PItOJECT.tT IS THE ULiIMNTE RESPONSI�IUN Of THE OESIGN VJ� �„� n-wm. � ENGINEERTOAS$IIRETMnTTHESTORA/Wl�7ER5Y5TEMUF_SIGNISM `\ � • . WITH SEDIMENT FLOORS �^"'��� R." - FUII.COMpIUNCE yV�iH ALl APPLIC/1fi1.E IAwS AND REGUUTIONS. \.... � . .�._.........�..,_..._, TRITON PFODUCTS MUST DE OESIGNEO AND IN3TALLED IN ACCOflbANCE WITH TRITON'S MINMAUM NE�UIREMENTS.TRITON 9864 EAST GRANO RIVER,SUITE 110,#176 30622 FOREST BOUIEVAR�,P.O.BOX 430 STORMWqTER 5a.U71oN5 AND ROYAL ErivIRONMeMiAL SvSiEMS BRIGHTON,MI 48116 REVISED: � STACY,MN SSO79 INC.Llq NOTAPVROVe P'.ANS,SIZING,OR 3V3TEM UE9IGNS.TNF pHONE'(810)222-765? • FAX:(810)?.22-�7G9 TRITON-STANDARD DETAILS PHONF:(A00)R77-32d0 • FAX:(fi51)462-6990 OESIGN ENGWEER IS RESPONSiOLE FOR All D[SiGN DECIS�ONS. yyy�ryy,TRITONSWS.COM 5-21-12 LRH �NANW.ROYAIENTERPRISES.NET 3/4-2 �NCH WiISHm. CRUSHm, ANGULAR SiONE S-29 CHAMBERS GRANULAR WELL GRADED SOIL/AGGR£GATE MIXR�RES. QGNEOUS RECOMMENDED) <35X FlNES. COMPACT IN 6 INCH UFTS TO 95S � CONNECTOR PIPE PROCTOR DENSf1Y. SEE THE TABL£OF ACCEPTpBLE ,us►rro M2ee ctnss z (e�2' wc swowrr) Flu aa�w.s_ NON—WOVEN GEOTESfIILE PAVEMENi OR EQUN. SIDES AND TOP ONLY 1 _�?t'�1T _ ?%7:' _;',T ., ->— , -- -—�T1"n._ 1?1'.G._T— _: � �r�'- T� L_._ �\/\/, cort ura��sr�uman,n� � v\\:.\ �nmta fleow woctFS wr occun. � � �/:�/� .���m:..� ta• Mi�. asi.00 ��f�� 6" 860.50 ,��%�`'���/ ��\��;��ti\� -- ,� -_ � �`f��j`%'i l�% � ���������� / A 1� P�PEa ►AIN. �//\���� + f � -- - -��6.6' Sl�iOWNj 36' . � END CAP ���i�� \ . _.. O1 a32 P,P P ODN(MAX.) r!\����/'� ,�M'N.�/ 857.50 Ij\�"� � + _ .. ��(�`�/:\��� \ e' as�.00 +�%%���� /� ' '�/�/�r\/`�%��l/�,����: /�;; % ' i',�i ;l�� /,�/�/\� i� :;;; �,�'�i� �/ �" .. :- A/ V '�,� . �� �.. �\ . . �\ �� , !'�� � �,���,, �"� \\\r��i: \ �� � \ � .•�� ��,,� �:� t. � t ���� \� '�` � �•'?\ �•'�� �', ,,,/i,�,/„���:y� �/�, ,,,�/G/�f6� l�,/// �/�/�. %f��/// �/�.%,•Y�/ji-�� ,�� i //,/ .. .0�S . L �a�JL�..._�_ 1�GL_���� ...�=i�.i�t�\,% �_�i:�r_'. ��.,,\;: 12� MIN. 39� 86.5'CC ENGINEER TO VERIFY 7,5� MIN. SURABILIIY OF SUBCRADE SOILS 1) ..',� �J '�CC)IE1 iYl f@"` DISTRIBUTED EXCLUSIVELY IN MN AY: D@SIGNF.O9V:N.BHB ,.� •^ � .:� -.� __.._._..__. . ...___._.... . ...�.— ����,p��`" TRiTON CROSS SECTION OWNER• -- — , . i N GR�� � A��S�«�5 _ _ __--- --- __ ______ _ R�yal ,�s ,� -- i »��• f � �._._. _ �.+�.w. NJBH82261.1 ; � _"_-'_" .. ..., ...._. .. .... ._ .._"_"__ nnowRSiu --- - - �--"�� MTN PARKING LOT EXPANSION • eN�tNeett: SATHRE-BERGQUIST, INC. •°--�•-^-�---�--- �_-- -- --- — - - --— 986A EAST GRAND RIVER,SUITE 110,#176 30622 FOREST BOULFvARO,PA.BOX 430 -� ������ -------_..— -._....._ . . _...._._ .._._...-------.. ....__... 9RiGHTON.MI 48116 - --...------�-----------� .. ..... .��. .. . .. . . S7ACY.MN 550�9 PHONE�(D10)222-7652 • PAX;(810)22?-�769 FRIDI_EY,MN a 2-20-2014 CONTRACTOR: TBD PHONE:(800)817-3240 • FAX�(651)4821'i990 ____ _ _ VNNW.TR�TONS WS.COM I YW WV.ROYALENTERPRISES NET 23.5' � � ,.,,f��'"�l� �10" INSPECTION PORT TRIT�N SYSTEM: -'' ' (4 TYP.} 68 S-29 CHAMBERS �^� ' 8 END CAPS ' �' 17 SEDIMENT FLOORS "�. 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' .. �^� �� ��{ �j�,�� i'�"� � ��x ��y � ��'�„� �A �.�✓'3�"^� .,-� # � . �l,`' �f.� �7.T "' tr; �' �� ��aYJ* k'. �b.3'` '*F . � ii RS.�� .,a�., J �i"J .��� A��� �.Ad fi �?"�,,, . tr,#F'� �—. #T��� �� � ' � y..+ �yt�.� �� � � � �i 'h��'��„ a �i"� �� �i� ,�a�` s 1 k < . Yr Y � b'µ *'°�� N, 6 s ;,,,t�, � ._, . . "' , � . .". , . '". 4.�� �'3"':�r�'`�' . � S ;i,vtiM`a�.;�``' ♦,.C;.k_ ..., .. . . � ' ' .� ... . � � . . .. . ,:r: ,� . ., , � . , � ... . . � � : � i ' � . � � a- 'Yqe.'� i9s*c� `�t�-�w � M .e.- .k ...- �a:- . . $ � � '� a � " � B � ♦ � r as�»ios 128 Triton�'Main Header F?ow`"" O&M Manual 4� . .� �► !� � . ..:. _ : _. .: ,,_, .,- . _, ...,. ._ An important component of any Stormwater Pollution Pre- enhance enhance Total Suspended Solids(TSS)removal and vention Plan is inspection and maintenance. The Triton Main pro�ide easy access for inspection and maintenance. Fieader Row'"is a patent pending technique to inexpensively • �.�;:-� / ,�. � . � ° - � p � � � � - _..Y. . ,,�..�. , u.. , . .� , . The Main Header Row is comprised of many Triton chambers of the area where the distribwtion rows are installed, ailowing that sit on interconnecting sediment fioors that are connec- the system to perform at the rate for which it was designed. tioned to a nearby manhole for easy access.At the end of the Main Header Row there is room for an optional Sump Basin The sediment floors are designed to prevent scouring of the Assembly(shown as item 3 in Figure 2)to help collect and con- underlying stone and to stop sediment infiltration into the ground tain any sediment that is flushed out of the Main Header Row underthe Main Header Row.The sediment floors lock together during a rain event or maintenance cleaning.The Sump Basin and mate with the chambers so they will remain intact during Assembly can be accessed from above via a manhole or up to very high flow events and during high pressure cleaning. a 33" C538.2mm) diameter stand pipe. The Main Header Row The Main Header Row is typically designed to capture the"first feeds the distribution rows(shown as item 4 in Figure 2)via a flush" and offers the versatility to be sized on a volume or fiow feed or distribution pipe.The feed pipe is at an elevated invert rate basis. An upstream manhole not only provides access to height so the water in the Main Header Row must rise to the the Main Header Row but typically includes a high flow outlet invert height before flowing into the distribution rows to cap- that controls excessive storm water flow rates or volumes by ture the sediment in the Main Header Row. The Main Header Row protects the distribution chamber row storage areas from discharging overflow into surrounding stone or through a mani- any sediment accumulation.This preserves the infiltration rate fold to the other Main Header Row chambers. CBt�s�as�nl�ru-'Tr+�eirt�mrz tJnft � ; • , t. e. „� s�� �� ���.,. #F� 4 �s �*�� � ret° �"• ��l:��� 1P , . � ' �� � � ;� �"�.."'`�s ° �"^;� ��^ " ( �� 4 : � � �" � y� ;.�� �.I .��,��4�� ��:i��t-��'a��� �� ��� � �.7�:.�, ���I . � .,�� r�� ,,..�.: , ._ �.. .,. "� � � .s��,.: �v ,� I � �' ,�.:rvs'' � � � ;�. '�� #� ��p ,:��� � � -a„�.-.. .� ' w��?','ks�'z .� � �+" ��� *��� � � � �� � . �����7�" n�- `�'�''"'_N �'I�UTI"�. � � � �'� `-�.* �' ��� `4 .�. - `��. �"� .��t� `� � � . + ., The Main Header Row may also be part of a treatment train.By , . , treating storm water prior to entry into the Main Header Row system, service life can be extended and pollutants, such as * G �_ � ��� hydrocarbons, can be captured. Pre-treatment best manage- %� ' ment practices can be as simple as deep sump catch basins �������,�' � ���p�e� and oil-water separators or as innovative as storm water treat- � �.,°���r��� � � � ment devices.The design of the treatment train and selection �;�: af pre-treatment devices by the design engineer are often dnv- .� � p`'� � en by regulatory requirements. Whether pre-treatment is em- _ ployed or not,the Main Header Row is recommended by Triton as an effective means of minimizing maintenance requirements , and costs. Fi ure 3. see�ess►f�oor ZCall Triton at 810.222.7652 for technical and product information or visit www.tritonsws.com 129 ---•,_--�-�.- `�TQN 47w�5'�Ek�G�.:�"IJaS ..,.'�dF � � �, f� � a @ � .!� � k . ,. .� �,r _� � . , The frequency of inspection and maintenance varies by loca- If, upon visual inspection, it is found that sediment has accu- tion.A routine inspection schedule needs to be established for mulated, a stadia rod should be inserted to determine sedi- each individual location based on site-specific variables. The ment depth.When the average depth of sediment exceeds t t" type of land use—industrial,commercial, residential—antici- (279.4mm) in the bottom of the Sump Basin and/or if there is pated pollutant load, percent imperviousness, climate and so 3° (76.2mm) throughout the length of the Main Header Row, on all play a critical role in determining the actual frequency of the Sump Basin and Main Header Row shouid be cleaned. inspection and maintenance practices. ,�� �. �.� �` � At a minimum, Triton recommends annual inspections. The ��° ,�.��� �� '" � ���"'�a�€ '` g'. Main Header Row should be inspected every 6� months for ���.�� y �� �`��� ��������.q� � � '� � `` � Y�""a'n.eY�"�- 3.^.r.i�'� 9'#',P ,*=".. � #"`}. the first year of operation. In subsequent years, the inspection »��y '� should be adjusted based on previous observation of sediment • ��>,.., deposits. { �� ,k Y �:,_>.$}4,X� •� , � X-��` , �F ,.�:�� The Main Header Row incorporates a combination of standard �'A yg `� manhole(s) and strategically located inspection ports. The in- �`� spection ports allow for easy access to the system from the surFace, eliminating the need to perform a confined space en- � try for inspection purposes. - _ � 1� �. _ .�. . �..� . . . :,� ..� �' � � � ,��."'._,_ _ „,E��. � �� d, � �r� . . .,,. . , _ .. , . . The Main Header Row was designed to reduce the cost of Basin and the Main Header Row. They can be cleaned using periodic maintenance. By capturing sediment in just one row, a JetVac process or can be cleaned using a water tank truck costs are dramatically reduced by eliminating the need to or fire truck equipped with a hose to fiush the sediment to the clean each row along the storage bed. If inspection indicates Sump Basin. To use a water tanker or fire truck,simply insert the need for maintenance,access is provided via a manhole(s) the hose into the upstream catch basin structure and flush the located on the end of the Main Header Row. If entry into the sediment to the end of the Main Header Row where the Sump manhole is required, please foflow local and OSHA rules for Basin is located. If the Sump Basin is located close to the inlet, confined space entries. The inside dimensions of the Triton vacuum out the sediment first and then back flush the Main Main Header Row chambers measure 34" (863:6mm) tail by Header Row into the Sump Basin. 48" (1219.2mm)wide. NOTE: The JetVac or high pressure hose process shouid only be perFormed on the Main Header Row .�;, „�;,;� `�' �k'� '' ���-� , �� where the Triton Sediment Floor System has been " �`''. -< �;�,,� z < '�';:`��` '`; instalied, and only if there is 3" (76.2mm) of sedi- ���rn� r� � ment throughout the length of the Main Header , �..,.. � � . Row. �� , � s'• t' .� :� '� -,. _ . , �� , , � _� __,.,., ,. � .� ,,.�..� �, ' -� �` '- � �`�� � . K.y+b�v� �� � � j�y�� =+ , � '�". u� _ #br ,��:,`. ,. * �'� �� :.t��r , ,. , � � . . ., • :: ' �s��,:5,�1 , " - '"r° z. _.. .: � � . � .... � •;;;��. .,, . `. ' -r.� , `'`� �„�.,ss . - #=,�� �. _ � �,�t�. � � . � . . ,.. , . �.� b �+ . : Maintenance is accomplished by removing the sediment that �.� i has built up in the Sump Basin using a standard vacuum truck ="';''��� i �' as shown to the right. The Tnton Main Header Row system . I � � 1'�" '� � �a. t:�; was designed for easy access to the Sump Basis via a man- �=, ` ,� , ` ��="' hole/inspection port or up to a 33" (838.2mm)diameter pipe. _� �� � �� `` _ �� _ ���. _ . - There is no special process required to clean out the Sump s `� Call Triton at 810.222.7652 for technic2l and product information or visit hnvw.tritonsws.com � 130 Triton�'�Main 4ieader Row"� O&M Manual � ! � I� .+� � �,� " � �e � ._, . " �, .�; . " �+. ! ( .� � �,� � l.. .� _� t� " A " - < Step 1. Mspect Sum}� Bas+n and Main Header Step 2. Clean out the Sump Bas+n with a vacuum Row for sediment truck A. Inspection ports fif presentl A. Remove any secondary filtration media that may i. Remove lid from floor box frame be installed in the Sump Basin ii. Remove cap from inspection riser B• Vacuum Sump Basin as required iii. Using a flashlight and stadia rod, measure Step 3. Replace all caps, lids, and covers depth of sediment in the Sump Basin and Record observations and actions record results in the maintenance log iv. If sedime�it is at-or above- 1 1"C279.4mm) Step 4. Inspect and clean catch basins and man- depth, proceed to Step 2. If not, proceed to holes upstream of the Triton system step 3. i„ e--,� B. All Main Fieader Rows \�� 2 i. Remove cover from manhole at upstream end � -,, � � of Main Header Row ��' ' I� - ii. Using a flashlight,inspect the Main Header �� � � Row through outlet pipe and through each �f t-;1• . ~`"' ���� distribution pipe that is connected in between �p�'°"a��i ,/ }� ouUE,�—.. , �i � � K � � ' � the Main Header Row and the distribution row �.;�:• =�='.','� — !�� � of chambers `�3� _ __ _ iii. If sediment is at-or above- 11" (279.4mm) �� .� mark in the sump bin, proceed to 5tep 2 = �f y�: �-- � �_�- � �-_-� 7. Be sure to have proper footing when entering into �' '? _ � � '.�� `-�� .�e Main Header Row Dp°'°`'�` ��� °' OU11EL�r•� 2. Foliow OSHA regulations for confined space entry if ; - - �'�'a"'• �, !� entering Main Header Row •1 ��r��`, 'r=--`.,.���;��,.,,�» ,,,{: �-- � --�_��, {f not, proceed to Step 3 -'—_`�-�.—,�.,� . _ ,�:,�� �, " 1, � a �; �.# N � � , a� t ,_,,._ . ., . _ _:.._ ...r; - . �. <. �. :,.� . !;��b �;;� ���; � �' � ,.rr. r Z ��..�,� �Y,r-. -� t `.. ��' _ � ��'��'°3'x,�C'c`5' ...�;�s� t '� � �F. .�'. <';x •,<�`^.'�i�a�'� �?' ,. =s5.�.` � ,� �. - ;t. , . , , „.: _.. _ ... .. :x.;_. �._.. � � �- ..c'. ;:-_ . �� .�. � ... _.. . . . .. � 4f 1 l I2007 9.7 ft.C2 95656m) �None New instatlauon.Fixed point is J7 frame a[grade � �p�2�/gpp7 9.6 0.1 h.C.03048m> Very little sediment in system-No maintenance required GKT q/��/pppg 9.4 0.3 k.U 9144m3 Very little sediment in system-No maintenance required CMM 7/25�Zqpg g,1 0.6 k.U 8288rrd Some debns/sediment is vistble in sumP basin essembly but not interfenng with outlet LEJ �/�p/Zppy 8 7 5.0 ft.C.30480m) Some debrislsediment is visible�sump basin assembly-maintenance is due DlC 8/ZO12010 9.7 ft.C2.95656m) 0 System has cleaned end vacwmed-very eesy system to deen NAT � � . - 1 � I i � • �. • : i � 1 ' � , r � Revised 09/17/09. Supersedes all previous O&M manuals. �os zss-sos 131 — PROCEDURE — EXECUTION AND RECORDING OF STORM WATER MAINTENANCE AGREEMENTS To Whom It May Concern: 1. Owner(s) must sign document as the name(s) appear on the deed to the property or owners Duplicate Certificate of Title (Torrens property) A. Privately owned property shall be signed by husband and wife if married. Marital status shall be noted at the beginning of the agreement and at the acknowledgment. B. Property owned by a corporation or partnership shall be signed by an officer of same. If corporation, under the laws of what state? If partnership, note type of partnership. C. All appropriate signatures shall be notarized. City employees are available at no charge for this service. 2. If property is Torrens, the owners Duplicate Certificate of Title is required for recording. The City will return the certificate upon completion of the recording process. 3. Absolutely no "white out" or other corrective agent is to be used on a document. The County will not accept it for recording. 9/23/04, REV. 12/10/09 132 4. Provide complete legal description and address of property. 5. Owner(s) must file Storm Water Maintenance Agreement and Storm Water Drainaqe and Access Easement with Anoka County and provide proof of filing prior to and as a condition of issuing a Certificate of Occupancy / Approval by the City of Fridley. 6. If you have any questions on the procedure or the execution of the document, please call the City of Fridley Engineering Dept (763) 572-3552. 9/23/04, REV. 12/10/09 133 : AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2014 ClTY OF FRIDLEY To: Walter T. Wysopal, City Manager From: Darcy Erickson, City Attorney Date: July 10, 2014 Re: Comcast Transfer Comcast seeks to transfer its Twin Cities customers to a new cable company. Like many other cities in the metro area, the City has received FCC Form 394 from Comcast requesting transfer of its cable system to a new cable company called Midwest Cable, Inc. Given the complexity involved with this specialized area of law, City staff solicited a proposal from attorney Brian Grogan of Moss and Barnett. Mr. Grogan previously negotiated and drafted the City's existing cable franchise, and in the past, also handled the transfer review for the City of Fridley. Mr. Grogan is representing other metropolitan cities in this process. Attached is Mr. Grogan's engagement letter. Staff recommends the City Council approve the engagement letter and authorize the Mayor and City Manager to execute it to retain the Mr. Grogan's services. Attachment 134 ENGAGEMENT AGREEMENT This Engagement Agreement sets forth the agreement between the City of Fridley, Minnesota ("City'� and Moss & Barnett, A Professional Association ("Moss & Barnett'�, concerning legal representation regarding the proposed transfer of the cable franchise currently held by Comcast Communications ('�Comcast'�. For purposes of this representation, Moss & Barnett understands that its client is the City not any of its individual officers, agents or employees or any other entity. A. The scope of the engagement is to assist the City in reviewing FCC Form 394 regarding the proposed transfer of the Ciry's cable system from Comcast to Midwest Cable, Inc. This representation will include analyzing the legal, technical and financial qualifications of Midwest Cable, Inc. and preparing a written report for the City which will include a draft resolution for the City Council's consideration. The anticipated total fees for the above described task are estimated not to exceed Seven Thousand Five Hundred and No/100 Dollars ($7,500). B. If additional services and costs are required beyond those set forth in paragraph A. above, Moss & Barnett's 2014 hourly rates for communications work on behalf of municipal clients shall apply as follows: $165/hour for paralegal work and $435/hour for senior shareholder work. Moss & Barnett generally finds that the average hourly rate for municipal franchise renewal work is approximately $295/hour. Our billing rates are subject to change from time to time, generally in January of each year. Moss & Barnett will confer with the City prior to incurring costs in excess of the above estimate. C. Moss & Barnett will represent the City with Brian Grogan as the primary attorney, responsible for all services. While other professionals at Moss & Barnett may perform services on the City's behalf in connection with the services referenced above, it is understood and agreed that Brian Grogan will not be removed or replaced as the primary and responsible attorney for all services without the prior written consent of the City. Moss & Barnett will use its best judgment to determine the most economical use of its attorneys and staff personnel. D. The City will receive an itemized statement of its account from Moss & Barnett on a monthly basis, which summarizes the services rendered, and the costs and expenses incurred on the City's behalf. Moss & Barnett reserves the right to increase the hourly rates of any attorneys and staff. Such increases will, however, not be implemented without the prior approval of the City. Time is billed by the one-tenth of an hour, which is the minimum time charged for any service. Billed time includes all time spent on the City's behalf in connection with the matter referenced above, including conferences, telephone calls, drafting and reviewing of documents and memoranda, preparing and reviewing of 2522170v1 135 correspondence, negotiations, legal research, interoffice conferences, and travel to and from locations away from the office. E. The City will reimburse Moss & Barnett for all reasonable and necessary costs and expenses which we incur on the City's behalf. These costs and expense� include charges for subcontractors working on the City's behalf, photocopying, delivery and messenger services, WESTLAW, travel, mileage, food and lodging. F. The periodic statement of account which the City will receive from Moss & � Barnett will include a brief description of activity on the matter. We do not itemize all specific services rendered on a particular date. The City will contact Moss & Barnett in writing within thirry (30) days of receipt of its statement if the City has a question regarding any charges on its statement. If Moss & Barnett does not hear from the City, it will assume that there are no questions or problems. G. All balances on the City's account are due thirty (30) days after the date of the statement. Interest at the legal rate shall accrue on the unpaid balance of the City's account from the due date. H. Moss & Barnett is a general service law firm that the City recognizes has represented, now represents, and will continue to represent numerous clients nationally and internationally, over a wide range of industries and businesses and in a wide variety of matters. Given this, without a binding conflict waiver, conflicts of interest might arise that could deprive the City or other clients of the right to select this firm as their counsel. Thus, as an integral part of the engagement, the City agrees that Moss & Barnett may, now or in the future, represent other entities or persons, including in litigation, adverse to the City on matters that are not substantially related to (a) the legal services that we have rendered, are rendering, or in the future will render to the City under the engagement and (b) other legal services that we have rendered, are rendering, or in the future will render to the City (an "Allowed Adverse Representation'�. The City also agrees that it will not assert that either (a) this firm's representation of the City in any past, present, or future matter or (b) this firm's actual, or possible, possession of confidential information belonging to the City is a basis to disqualify this firm from representing another entity or person in any Allowed Adverse Representation. The City agrees that any Allowed Adverse Representation does not breach any duty that this firm owes to the City. I. Moss & Barnett assures that its services will be accomplished in a timely manner and with the cooperation and assistance of the City. In this regard, the City agrees to designate a contact whom Moss & Barnett will contact and who will regularly review, discuss, and meet with Moss & Barnett regarding the services provided, the time for performance of the services, and to assist in arranging z 2522llOv1 136 meetings, conferences, and other arrangements with City personnel to facilitate the performance of services by Moss & Barnett and to ensure that all information and issues required for review by the City are made available to Moss & Barnett. The Ciry designates Wally Wysopal, City Manager, as its contact person for this project. ). This Agreement may be terminated for any reason by either the City or Moss & Barnett upon giving thirry (30) days written notice to the other. If such notice is given to Moss & Barnett, it shall immediately cease work. All fees and costs incurred to the date of receipt of the notice will be paid to Moss & Barnett. Otherwise, there shall be no further liability to the City. K. Although Moss & Barnett is not required to do so, it is Moss & Barnett's policy to retain files for ten (10) full calendar years after a file has been closed. Files will thereafter be destroyed unless the City specifically directs us otherwise. If the City wishes all or a part of the City's file returned to the City, please notify Moss & Barnett as soon as possible. All reasonable steps will be taken to preserve confidential communications and secrets from disclosure to third parties. L. This Agreement contains all of the terms of the services and financial arrangement between the City and Moss & Barnett and can only be modified by a written document signed by both parties. MOSS & BARNETT, A Professional Association By: Brian T. Grogan, Esq., Shareholder Dated: , 2014 CITY OF FRIDLEY, MINNESOTA By: Scott ). Lund Its: Mayor Dated: , 2014 3 2522170v1 137 By: Walter T. Wysopal Its: City Manager Dated: , 2014 4 2522170v1 138 1 AGENDA ITEM � CITY COUNCIL MEETING OF JULY 14, 2014 CITY OF FRIDLEY Appointment Starting Start Name Position SalaN Date Replaces Michael Public Services $18.06 July 29, Taylor Boettner Worker - Parks per hour 2014 Anderson 139 � AGENDA ITEM COUNCIL MEETING OF JULY 14, 2014 °n oF CLA1 MS FRIDLEY CLAIMS 164417 - 164677 140 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 1 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT --------=--------------------------------------------------------------------------------------------------------------------------- ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 06/26/2014 164417 ADVANCE COMPANIES INC 1061 534.10 101-0881-465.43-40 06/19/2014 BOARD UP ABATEMENT 53RD 8636 06/2014 534.10 06/26/2014 164418 AMAZON.COM 1134 186.22 409-0000-415.42-21 OS/30/2014 PEN/TOUCH TABLET 6182988954 06/2014 186.22 06/26/2014 164419 AUTOMATIC SYSTEMS CO INC 1158 1, 753 .78 602-7000-415.43-40 06/11/2014 TRANSDUCERS FOR LIFT STA 277275 06/2014 1,753.78 06/26/2014 164420 ASPEN MILLS INC 1161 212.75 101-0440-425.42-17 OS/_13/2014 EB VEST CARRIER 150958 06/2014 102.80 101-0440-425.42-17 OS/09/2014 EB VEST CARRIER 150959 06/2014 109.95 06/26/2014 164421 ANOKA COUNTY LICENSE CENTER 1214 24.00 101-0440-425.42-21 06/24/2014 LICENSE TABS 06/2014 24 .00 06/26/2014 164422 ASTECH CORPORATION, INC 1316 257,402 .59 406-0006-435.45-30 06/20/2014 STREET PROJ EST#2 06/2014 257,402.59 06/26/2014 164423 BOLTON & MENK, INC 2046 733 .00 603-7500-415.43-30 06/24/2014 CRK RDGE SWR/PND ANALYSIS 167189 06/2014 733 .00 �'` 16/26/2014 164424 COMMERCIAL STEAM TEAM, INC 3103 2,768 .80 � 101-0660-415.43-40 06/09/2014 CARPET CLEANING 11243,11220 06/2014 2,768.80 N-+ 06/26/2014 164425 COMCAST CABLE 3157 226.89 609-9200-415.43-32 06/13/2014 INTERNET,PHONE 0350223 06/2014 226.89 06/26/2014 164426 C.D.W. GOVERNMENT, INC 3163 830.62 101-0333-415.42-21 06/17/2014 BATTERIES MN53878 06/2014 712 .22 101-0333-415.42-21 06/17/2014 CATSE PATCH CABLE MN56759 06/2014 118.40 06/26/2014 164427 CENTERPOINT ENERGY-MINNEGASCO 3252 1,472 . 99 101-0550-425.43-38 06/13/2014 UTILITIES 80000141459 06/2014 61.71 601-7000-415.43-38 06/13/2014 UTILITIES 80000141624 06/2014 1, 003 .60 101-0660-415.43-38 06/13/2014 UTILITIES 80000141491 06/2014 242_83 609-9100-415.43-38 06/13/2014 UTILITIES 80000141533 06/2014 49.09 101-0666-435.43-38 06/13/2014 UTILITIES 80000141582 06/2014 115.76 06/26/2014 164428 CENTURY LINK 3295 36.89 270-0771-455.43-32 06/10/2014 PHONE SERVICE 7848676 06/2014 36.89 06/26/2014 164429 EMBEDDED SYSTEMS INC. 5025 800.00 101-0441-425.45-40 06/23/2014 REPL MOUNT PLATES,ANTENNA 33508 06/2014 800.00 06/26/2014 164430 FIRE CONTROL EXTINGUISHER CO 6006 2��12-28 101-0666-435.43-40 06/13/2014 ANNUAL EXTINGUISHER MAINT 66676,66675 06/2014 172.00 101-0660-415.43-40 06/13/2014 ANNUAL EXTINGUISHER MAINT 66672 06/2014 106.00 101-0550-425.43-40 06/13/2014 ANNUAL EXTINGUISHER MAINT 66674 06/2014 263 .00 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 2 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ---------------------------------=-------------------------------------------------------------------- 609-9200-415.43-40 06/13/2014 ANNUAL EXTINGUISHER MAINT 66682 06/2014 66.00 609-9100-415.43-40 06/13/2014 ANNUAL EXTINGUISBER MAINT 66682 06/2014 47.28 101-0669-435.43-40 06/13/2014 ANNUAL EXTINGUISAER MAINT 66681 06/2014 331.00 101-0770-455.43-40 06/13/2014 ANNUAL EXTINGUISHER MAINT 66675 06/2014 52.00 270-0771-455.43-40 06/13/2014 ANNUAL EXTINGUISHER MAINT 66677 06/2014 429.00 601-7000-415.43-40 06/13/2014 ANNUAL EXTINGUISHER MAINT 66678 06/2014 441.00 601-7000-415.43-40 06/13/2014 ANNUAL EXTINGUISHER MAINT 66679 06/2014 200.00 602-7000-415.43-40 06/13/2014 ANNUAL EXTINGUISHER MAINT 66680 06/2014 144.00 101-0440-425.43-40 06/13/2014 ANNUAL EXTINGUISHER MAINT 66673 06/2014 461.00 06/26/2014 164431 FRIDLEY PUBLIC SCHOOL 6027 135.00 101-0770-455.43-40 06/23/2014 SAFTEY CAMP SCHL TECH 06/2014 45.00 101-0770-455.43-40 06/23/2014 SAFTEY CAMP LIFEGUARD 06/2014 90.00 06/26/2014 164432 FRIDLEY FIRE RELIEF ASSOC 6088 5,000.00 101-0550-425.41-24 06/26/2014 SUPPLEMNT PENSION BENEFIT 06/2014 5,000.00 06/26/2014 164433 GARY L FISCHLER & ASSOCIATES, 7068 990.00 101-0440-425.43-30 06/23/2014 PRE-EMPY PSYCOLOGICAL SCR 3003 06/2014 990.00 06/26/2014 164434 GENESIS EMPLOYEE BENEFITS 7162 278.15 704-0000-415.43-30 06/19/2014 TRUSTEE FEES 06/2014 278.15 � 6/26/2014 164435 HOME DEPOT/GECF 8052 142 .51 N 101-0550-425.42-21 06/19/2014 TOTES,PLANTS 06/2014 107.41 270-0771-455.42-22 06/19/2014 SCREWS,RIP BAR 06/2014 35.10 06/26/2014 164436 HEIGHTS BAKERY 8170 19.00 101-0770-455.42-21 06/19/2014 SR ROLLS FOR CASINO NIGHT 133 06/2014 19.00 06/26/2014 164437 KIRK HUGHES 8182 250.00 101-0770-455.43-40 06/23/2014 POISON PREV SPEAKER 6171401 06/2014 250.00 06/26/2014 164438 LAMETTI & SONS, INC 12126 17,300.00 603-7000-415.43-40 06/19/2014 EMERGENCY REPAIRS-HARTMAN 06/2014 17,300.00 06/26/2014 164439 MINNEAPOLIS FINANCE DEPT 13033 3,769.20 101-0440-425.43-40 06/24/2014 APS PAWN TRANSACTIONS 400413005016 06/2014 3,769.20 06/26/2014 164440 MINN DEPT OF TRANSPORTATION 13117 423 .59 406-0006-435.43-40 06/17/2014 BIT PLANT INSPECT/TESTING 06/2014 423 .59 06/26/2014 164441 MINNESOTA VALLEY TESTING LABS 13165 41.00 101-0770-455.43-40 06/20/2014 WATER TESTING-BEACH 06/2014 41.00 06/26/2014 164442 MINNESOTA METRO NORTH TOURISM 13416 4,280.99 806-0000-204.00-00 OS/30/2014 MAY HOTEL/MOTEL TAX 06/2014 4,280.99 06/26/2014 164443 NEWQUIST & HERRICK LAW OFFICES 14002 26,304.08 101-0222-415.43-30 06/20/2014 PROS ATTY FEES-JULY 06/2014 26,304.08 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 3 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 06/26/2014 164444 NORTHERN SANITARY SUPPLY INC 14089 39.73 270-0771-455.42-22 06/06/2014 CLEANING SUPPLIES 168846 06/2014 24.73 270-0771-455.43-40 06/06/2014 VAC REPAIRS 168846 06/2014 15.00 06/26/2014 164445 NETWORK MEDICS, INC 14157 46, 916.48 409-0000-415.45-60 06/24/2014 SOFTWARE,DELL POWEREDGE 4929 06/2014 27,996.48 409-0000-415.45-60 06/24/2014 SOFTWARE,DELL POWEREDGE 4929 06/2014 18,920.00 06/26/2014 164446 ON SITE SANITATION 15035 51.07 101-0770-455.43-41 06/20/2014 SAFETY CAMP PORTA POTTY 541893 06/2014 51.07 06/26/2014 164447 PERFECT 10 CARWASH EXPRESS 16200 131.00 601-7000-415.43-40 OS/31/2014 CAR WASHES PUBLIC WORKS 06/2014 15.00 101-0440-425.43-40 OS/31/2014 CAR WASHES POLICE 06/2014 116.00 06/26/2014 164448 READY WATT ELECTRIC 18142 23, 936.00 101-0441-425.45-40 06/17/2014 UPGRADE SIREN SYSTEM 98391 06/2014 23, 936.00 06/26/2014 164449 RUM RIVER VETERINARY CLINIC 18152 778.65 101-0440-425.43-40 O5/23/2014 VET VISITS K-9 KONA 229456 06/2014 778.65 06/26/2014 164450 ROCK SOLID LANDSCAPE & IRRIGAT 18171 802 .39 � 101-0881-465.43-40 06/19/2014 LAWN MOWING 06/2014 802.39 W06/26/2014 164451 SPECIALTY TURF & AG, INC 19121 $98•25 101-0666-435.42-22 06/20/2014 GRASS SEED, PESTICIDE 40096 06/2014 898.25 06/26/2014 164452 STAR TRIBUNE 19171 39.65 101-0220-415.43-31 06/23/2014 SUBSCRIPTION �06/2014 39.65 06/26/2014 164453 SPECTACLE SHOPPE 19329 .00 409-0000-415.42-21 06/03/2014 MICROSFT WINDOWS LICENSE B02112166 06/2014 1,152.00 409-0000-415.42-21 06/03/2014 MICROSFT WINDOWS LICENSE B02112166 06/2014 332.00 409-0000-415.42-21 06/27/2014 MICROSFT WINDOWS LICENSE B02112166 07/2014 1,152.00- 409-0000-415.42-21 06/27/2014 MICROSFT WINDOWS LICENSE B02112166 07/2014 332.00- 06/26/2014 164454 TARGET 20004 101.39 101-0770-455.42-21 06/18/2014 ROCKS SUPPLIES 06/2014 101.39 06/26/2014 164455 TIERNEY BROTHERS INC 20008 309.00 270-0771-455.42-21 06/10/2014 PROJECTOR LAMP 669006 06/2014 309.00 06/26/2014 164456 TAHO SPORTSWEAR 20014 190.97 101-0770-455.42-17 06/23/2014 YOUTH PROGRAM T-SHIRTS 06/2014 190.97 06/26/2014 164457 TERRY OVERACKER PLUMBING 20029 720.00 101-0880-465.43-40 06/20/2014 INSPECTIONS 40439-41 06/2014 192.00 101-0880-465.43-40 06/11/2014 INSPECTIONS 429-31,33,35-37 06/2014 528.00 06/26/2014 164458 ZCOFTL FRIDLEY,LLC 20130 12,517.82 609-9100-415.43-41 06/23/2014 JULY-LEASE PAYMENT 06/2014 12,517.82 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 4 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 06/26/2014 164459 U.S. HEALTHWORKS MEDICAL GRP O 21045 543.00 101-0440-425.43-30 06/23/2014 PRE-EMPLY PHYSICAL 33897 06/2014 543. 00 06/26/2014 164460 USDA,APHIS,GENERAL 21067 1, 984.85 270-0771-455.43-30 06/23/2014 DEER MANAGEMENT SERVICES 06/2014 1, 984.85 06/26/2014 164461 WAL-MART COMMUNITY/GEMB 23024 167.85 101-0770-455.42-21 O5/28/2014 PLAYGRND/ROCKS PROGRAM 06/2014 167.85 06/26/2014 164462 XCEL ENERGY 24002 19,424.38 101-0669-435.43-38 06/16/2014 UTILITIES 416344454 06/2014 1, 082.74 101-0665-435.43-38 06/18/2014 UTILITIES 416736013 06/2014 15, 735.76 602-7000-415.43-38 06/18/2014 UTILITIES 416718191 06/2014 1, 633 .25 603-7000-415.43-38 06/18/2014 UTILITZES 416704559 06/2014 163 .48 101-0550-425.43-38 06/18/2014 UTILITIES 416715234 06/2014 182 .46 101-0669-435.43-38 06/18/2014 UTILITIES 416518565 06/2014 16.41 270-0771-455.43-38 06/18/2014 UTILITIES 416516842 06/2014 570.58 101-0441-425.43-38 06/18/2014 UTILITIES 416532224 06/2014 39.70 06/26/2014 164463 ZARNOTH BRUSH WORKS, INC 26002 1,560.00 101-0000-144.00-00 06/10/2014 BROOMS FOR SWEEPER #748 0150123 06/2014 1,560. 00 �'` )6/26/2014 164464 BAHR, PHILLIP 99999 73.57 � 601-0000-245.00-00 06/18/2014 UB CR REFUND-FINALS 165685-445130 06/2014 73.57 A 06/26/2014 164465 FORTUNA, STEVE 99999 49.57 601-0000-245.00-00 06/18/2014 UB CR REFUND-FINALS 161685-451690 06/2014 49.57 06/26/2014 164466 NEESER, HERBERT H 99999 31.47 601-0000-245.00-00 06/18/2014 UB CR REFUND-FINALS 12915-456160 06/2014 31.47 06/26/2014 164467 CHU, JOSHUA 99999 183.16 601-0000-245.00-00 06/18/2014 UB CR REFUND-FINALS 153425-467090 06/2014 183.16 06/26/2014 164468 US BANK 99999 298.99 601-0000-245.00-00 06/18/2014 UB REFUND-FINAL.FridleyMN 5538 E.BAV.PASS 06/2014 298.99 06/26/2014 164469 HAMMOND, STEVE 99999 760.13 601-0000-245.00-00 06/18/2014 UB CR REFUND-FINALS 158625-489200 06/2014 760.13 06/26/2014 164470 VERES, JOANN S 99999 46.81 601-0000-245.00-00 06/18/2014 UB CR REFUND-FINALS 84965-458730 06/2014 46.81 06/26/2014 164471 AMF MAPLE LANES 293 99999 94.40 601-0000-245.00-00 06/18/2014 UB CR REFUND-FINALS 110445-478410 06/2014 94.40 06/26/2014 164472 BANK OF AMERICA 99999 63.74 601-0000-245.00-00 06/18/2014 UB REFUND-FINAL.FridleyMN 580 KIMBALL ST 06/2014 63 .74 06/26/2014 164473 CHRISTINE BELLAND 2014146 30.00 101-0000-347.86-51 06/19/2014 REC REFUND 06/2014 30.00 PREPARED 07/10/2014, 15:08:49 A/P CHECKS SY PERIOD AND YEAR PAGE 5 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 06/26/2014 164474 JULIE GARZA 2014284 9.50 101-0000-347.82-51 06/19/2014 REC REFUND 06/2014 9.50 06/26/2014 164475 TINA UTLEY 2014697 150.00 270-0000-348.81-51 06/19/2014 REC REFUND 06/2014 150.00 07/02/2014 164476 ANOKA COUNTY CENTRAL COMMUNICP_ 1005 696.40 101-0440-425.43-32 06/25/2014 MAY WIRELESS ACCESS CHRG 2014300 07/2014 696.40 07/02/2014 164477 ARCTIC GLACIER INC 1008 839.76 609-0000-183.00-00 06/30/2014 JUNE-MISC 07/2014 626.10 609-0000-158.00-00 06/30/2014 JUNE-MISC 07/2014 213.66 07/02/2014 164478 APACHE GROUP OF MINNESOTA,ZNC 1047 94�•92 101-0660-415.42-22 06/23/2014 PAPER PRODUCTS 173621 07/2014 549.79 101-0669-435.42-22 06/23/2014 PAPER PRODUCTS 173621 07/2014 104 .27 101-0440-425.42-22 06/23/2014 PAPER PRODUCTS 173621 07/2014 142.19 101-0550-425.42-22 06/23/2014 PAPER PRODUCTS 173621 07/2014 94.79 270-0771-455.42-22 06/23/2014 PAPER PRODUCTS 173621 07/2014 37.93 601-7000-415.42-22 06/23/2014 PAPER PRODUCTS 173621 07/2014 18. 95 07/02/2014 164479 AMUNDSON CIGAR & CANDY CO 1064 1,426.68 � 609-0000-184.00-00 06/30/2014 JUNE-CIGS 07/2014 1,426.68 �07/02/2014 164480 ALL AUTO GLASS, INC 1080 183 .70 101-0440-425.43-40 06/11/2014 REPLACE WINDSHIELD 3723883 07/2014 193 .70 07/02/2014 164481 AT & T MOBILITY 1116 4,208.14 101-0333-415.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 111.41 101-0220-415.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 51.49 225-0000-415.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 14.34 101-0440-425.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 1,400.00 101-0441-425.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 81.44 101-0550-425.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 306.85 101-0661-435.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 341.17 101-0669-435.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 101.36 101-0880-465.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 99.84 101-0881-465.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 34.99 101-0882-465.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 0�/2014 101.41 101-0770-455.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 68.76 601-7000-415.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 209.92 602-7000-415.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 261.55 101-0668-435.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 376.07 101-0666-435.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 275.07 101-0661-435.43-32 06/17/2014 CELL PHONE SERVICE 541144X06252014 07/2014 34.99 225-0000-415.42-25 06/17/2014 CELL PHONE 541144X06252014 07/2014 199.99 101-0668-435.42-25 06/17/2014 CELL PHONE 541144X06252014 07/2014 137.49 07/02/2014 164482 AMERICAN BOTTLING COMPANY 1155 283 .58 609-0000-183.00-00 06/30/2014 JUNE-MISC 07/2014 129.51 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 6 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 609-0000-158.00-00 06/30/20.14 JUNE-MISC 07/2014 154 .07 07/02/2014 164483 ASPEN MILLS INC 1161 18.85 101-0550-425.42-17 06/13/2014 UNIFORM NAME TAGS 150957 07/2014 18.85 07/02/2014 164484 AMARA WINES,LLC 1296 533.16 609-0000-181.00-00 06/30/2014 JUNE-WINE 07/2014 512.16 609-9100-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 21.00 07/02/2014 164485 ARTISAN BEER COMPANY 1303 1,797.00 609-0000-182 .00-00 06/30/2014 JUNE-BEER 07/2014 1,672.00 609-0000-157.00-00 06/30/2014 JUNE-BEER 07/2014 125.00 07/02/2014 164486 BELLBOY CORPORATION 2051 9,796.90 609-0000-155.00-00 06/30/2014 JUNE-LIQUOR 07/2014 8,588.10 609-0000-156.00-00 06/30/2014 JUNE-WINE 07/2014 535.22 609-0000-159.00-00 06/30/2014 JUNE-CIGS 07/2014 85.05 609-9200-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 588.53 07/02/2014 164487 CARQUEST AUTO PARTS 3005 20.16 101-0550-425.42-22 OS/12/2014 TIRE GLOSS 2589400307 07/2014 20.16 07/02/2014 164488 COCA COLA BOTTLING 3030 1,192.02 � 609-0000-183.00-00 06/30/2014 JUNE-MISC 07/2014 920.82 � 609-0000-158.00-00 06/30/2014 JUNE-MZSC 07/2014 271.20 O� 07/02/2014 164489 CAPITOL BEVERAGE SALES 3097 47,122.39 609-0000-182.00-00 06/30/2014 JUNE-BEER 07/2014 34,700.00 609-0000-183.00-00 06/30/2014 JUNE-MISC 07/2014 58.38 609-0000-157.00-00 06/30/2014 JUNE-BEER 07/2014 12,300.00 609-0000-158.00-00 06/30/2014 JUNE-MISC 07/2014 64.01 07/02/2014 164490 ROBERT CLAUSON 3153 3,300.40 101-0880-465.43-40 07/O1/2014 JUNE INSPECTIONS 07/2014 3,300.40 07/02/2014 164491 COMCAST CABLE 3157 314.71 225-0000-415.43-40 06/23/2014 JULY CABLE 772106210044545 07/2014 314.71 07/02/2014 164492 COMMUNITY HEALTH CHARITIES 3227 9•62 101-0000-219.08-00 07/03/2014 PAYROLL SUMMARY 20140703 07/2014 9.62 07/02/2014 164493 CENTURY LINK 3295 251.25 609-9100-415.43-32 06/22/2014 PHONE SERVICE 5710683 07/2014 216.68 601-7000-415.43-32 06/22/2014 PHONE SERVICE 5711683 07/2014 17.29 602-7000-415.43-32 06/22/2014 PHONE SERVICE 5711683 07/2014 17.28 07/02/2014 164494 CHARLESTON COUNTY FAMILY COURT 3316 451.50 101-0000-219.19-00 07/03/2014 PAYROLL SUMMARY 20140703 07/2014 451.50 07/02/2014 164495 E.C.M. PUBLISHERS INC 5001 400.00 609-9100-415.43-34 06/20/2014 49ER DAYS ADVERTISING 113469 07/2014 400.00 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 7 PROGRAM: GM350L CITY OF FRIDLEY FROM 06Iz3/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 07/02/2014 164496 EXTREME BEVERAGE 5088 1,026.00 609-0000-183.00-00 06/30/2014 JUNE-MISC 07/2014 1, 026.00 07/02/2014 164497 CITY OF FRIDLEY 6023 ��•62 101-0332-415.43-33 06/30/2014 REIMB PARKING PETTY CASH 07/2014 30.00 101-0881-465.43-32 06/30/2014 POSTAGE STAMPS PETTY CASH 07/2014 19.60 270-0771-455.42-21 06/30/2014 MISC SUPPLIES PETTY CASH 07/2014 13 .76 270-0771-455.42-22 06/30/2014 HARDWARE SUPPLIES PETTY CASH 07/2014 7.61 101-0000-135.00-00 06/30/2014 RECORDING FEES PETTY CASH 07/2014 6.65 07/02/2014 164498 FLEET COMPUTING INTERNATIONAL 6067 700.00 101-0669-435.43-40 06/16/2014 SERVICE PLAN-FLEET PROG 4431 07/2014 700.00 07/02/2014 164499 FRIDLEY FIRE RELIEF ASSOC 6088 � 125.00 101-0000-219.15-00 07/03/2014 PAYROLL SUMMARY 20140703 07/2014 125.00 07/02/2014 164500 FRIDLEY POLICE ASSOCIATION 6117 80.00 101-0000-219.22-00 07/03/2014 PAYROLL SUMMARY 20140703 07/2014 80.00 07/02/2014 164501 TERESA FARIS 6142 105.00 227-0000-415.43-40 06/25/2014 CHORES/MORE 07/2014 105.00 �"� �7/02/2014 164502 GOV'T FINANCE OFFICERS ASSOC 7001 225.00 � 101-0331-415.43-31 06/25/2014 ANNUAL MEMBERSHIP-NELSON 0142001 07/2014 225.00 J 07/02/2014 164503 GRAINGER 7041 531.75 601-7000-415.42-22 06/18/2014 BACKFLOW TEST EQUIPMNT 9469369988 07/2014 153 .00 101-0669-435.42-22 06/18/2014 SHOP LIGHTS 9469914370 07/2014 209.55 101-0000-144.00-00 06/11/2014 BATTERY CAARGER 9463836669 07/2014 169.20 07/02/2014 164504 GRAPE BEGINNINGS INC 7109 1,184.25 609-0000-181.00-00 06/30/2014 JUNE-WINE 07/2014 1,164.00 609-9100-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 20.25 07/02/2014 164505 HOHENSTEINS INC 8068 4,815.95 609-0000-182.00-00 06/30/2014 JUNE-BEER 07/2014 4,450.30 609-0000-157.00-00 06/30/2014 JUNE-BEER 07/2014 365.65 07/02/2014 164506 HAWKINS INC 8093 824.64 601-7000-415.42-22 06/16/2014 WATER CHEMICALS 3608803 07/2014 824.64 07/02/2014 164507 MARY HANNAH 8163 154.87 101-0770-455.42-21 06/30/2014 REIMB JAMS SUPPLIES 07/2014 154.87 07/02/2014 164508 WENDY HIATT 8164 33.32 101-0669-435.43-33 06/27/2014 REIMB MILEAGE 07/2014 33.32 07/02/2014 164509 INSTY-PRINTS 9027 134.00 101-0660-415.43-40 06/26/2014 SCRATCH PAPER CUT 100175 07/2014 134.00 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 8 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 07/02/2014 164510 INFRATECH INC 9051 4, 050.00 601-7500-415.43-40 OS/28/2014 TELEVISE SEWER SERVICE PR140366 07/2014 4, 050.00 07/02/2014 164511 INTL ASSOC OF FIRE FIGHTERS - 9074 90.00 101-0000-219.15-00 07/03/2014 PAYROLL SUMMARY 20140703 07/2014 90.00 07/02/2014 164512 INDEED RREWING COMPANY,LLC 9100 719.00 609-0000-182.00-00 06/30/2014 JUNE-BEER 07/2014 605.00 609-0000-157.00-00 06/30/2014 JUNE-BEER 07/2014 114.00 07/02/2014 164513 J.J. TAYLOR DIST. OF MINN, INC 10063 58,006.68 609-0000-182.00-00 06/30/2014 JUNE-BEER 07/2014 48,600.00 609-0000-183.00-00 06/30/2014 JUNE-MISC 07/2014 37.45 609-0000-157.00-00 06/30/2014 JUNE-BEER 07/2014 9,300.00 609-0000-158.00-00 06/30/2014 JUNE-MISC 07/2014 69.23 07/02/2014 164514 KATH FUEL OIL SERVICE 11014 779.50 101-0000-142.00-00 06/20/2014 OIL,GREASE 467254 07/2014 779.50 07/02/2014 164515 LAW ENFORCEMENT LABOR SERVICES 12022 1,440.00 101-0000-219.13-00 07/03/2014 PAYROLL SUMMARY 20140703 07/2014 1,440.00 � )7/02/2014 164516 KYLE LUSIGNAN 12183 91.50 � 101-0440-425.43-31 06/25/2014 REIMB POST LICENSE 07/2014 91.50 07/02/2014 164517 MINN DEPT OF PUBLIC SAFETY -EM 13068 325.00 601-7000-415.43-31 06/27/2014 RIGHT-TO-KNOW ANNUAL FEE 68034, 68026,37 07/2014 300.00 101-0669-435.43-31 06/27/2014 RIGHT-TO-KNOW ANNUAL FEE 68039 07/2014 25.00 07/02/2014 164518 MINN DEPT OF LABOR & INDUSTRY 13150 1,698.81 101-0000-205.00-00 06/30/2014 JUNE SURCHARGE 20068003055 07/2014 1,698.81 07/02/2014 164519 MENARDS - FR2DLEY 13256 203 .24 602-7000-415.42-25 06/26/2014 SM TOOL/SUPPLIES VAC CON 68464 07/2014 46.48 101-0666-435.42-22 06/03/2014 SPLIT RAILS FOR FENCE 66329 07/2014 98.39 101-0666-435.42-22 06/25/2014 LIGHTBULBS FOR SHOWMOBILE 68404 07/2014 20.94 601-7000-415.42-22 06/26/2014 PARTS FOR TEMP WTR SINK 68483 07/2014 37.43 07/02/2014 164520 MINN CHILD SUPPORT PAYMENT CEN 13307 6.93 101-0000-219.19-00 07/03/2014 PAYROLL SUMMARY 20140703 07/2014 6.93 07/02/2014 164521 MINNESTALGIA WINERY 13420 90.00 609-0000-181.00-00 06/30/2014 JUNE-WINE 07/2014 90.00 07/02/2014 164522 MEDIAWORKS ADVERTISING SOLUTIO 13446 500.00 609-9100-415.43-34 06/30/2014 ADVERTISING 78704 07/2014 500.00 07/02/2014 164523 METRO MANUFACTURING, INC 13466 8,125.40 405-0005-415.43-40 06/25/2014 POLICE GARGAGE ROOF PROJ 3474RET 07/2014 8,125.40 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 9 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CAECK CHECK DATE NUMBER VENDOR NAME. VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 07/02/2014 164524 METERING & TECHNOLOGY SOLUTION 13467 9,776.35 601-7000-415.42-22 06/18/2014 COMMONS WTP DEHUMIDIFIER 1101 07/2014 9,776.35 07/02/2014 164525 RICHARD MARAS 13473 30.00 227-0000-415.43-40 06/25/2014 CHORES/MORE 07/2014 30.00 07/02/2014 164526 NORTHEAST TOWING SERVICE INC 14057 75.00 101-0668-435.43-40 06/16/2014 TOWING SERVICE 30421 07/2014 75.00 07/02/2014 164527 NELSON CHEESE & DELI 14119 135.15 101-0861-465.42-21 06/30/2014 HRA/COUNCIL MTG DINNER 105058 07/2014 135.15 07/02/2014 164528 NETWORK MEDICS, INC 1415� 1,477.00 409-0000-415.45-60 06/26/2014 CISCO CATALYST SWITCH 4946 07/2014 1,295.00 409-0000-415.43-40 06/26/2014 SMARTNET MAINT FOR CISCO 4946 07/2014 182.00 07/02/2014 164529 OVERHEAD DOOR COMPANY 15007 225.25 101-0660-415.43-40 06/13/2014 REPAIR FIRE DEPT DOOR 64659 07/2014 225.25 07/02/2014 164530 OPEN YOUR HEART 15011 25.00 101-0000-219.08-00 07/03/2014 PAYROLL SUMMARY 20140703 07/2014 25.00 � 17/02/2014 164531 ON SITE SANITATION 15035 793 .50 � 101-0666-435.43-41 06/27/2014 PORTABLE RESTROOMS 07/2014 793 .50 07/02/2014 164532 PEPSI COLA BOTTLING CO 16007 394.00 609-0000-183.00-00 06/30/2014 JUNE-MISC 07/2014 394.00 07/02/2014 164533 POSTMASTER 16024 1,500.00 601-6000-415.43-32 06/30/2014 BUS REPLY PERMT#13637-001 PERMIT 13637 07/2014 1,500.00 07/02/2014 164534 PAUSTIS & SONS 16034 1,290.72 609-0000-181.00-00 06/30/2014 JUNE-WINE 07/2014 1,272 .97 609-9100-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 17.75 07/02/2014 164535 PRO-TEC DESIGN 16154 515.16 101-0660-415.43-40 06/25/2014 REPLACE BATTERY BACKUPS 67364 07/2014 515.16 07/02/2014 164536 QUALITY REFRIGERATION SERVICE 17002 1,114.93 609-9100-415.43-40 06/30/2014 ROOF CONDESER REPAIRS 3587 07/2014 825.69 609-9200-415.43-40 06/30/2014 HVAC CONTRACT MAINT 3879 07/2014 289.24 07/02/2014 164537 RAPIT PRINTING 18003 396.01 101-0440-425.43-35 06/26/2014 PD L'ETTERHEAD/ENVELOPES 137916 07/2014 396.01 07/02/2014 164538 RON KASSA CONSTRUCTION, INC 18084 3,278.92 101-0668-435.43-40 06/27/2014 MISC CONCRETE PROJ EST#3 07/2014 2,416.75 602-7000-415.43-40 06/27/2014 MISC CONCRETE PROJ EST#3 07/2014 134.75 501-0000-415.43-40 06/27/2014 MISC CONCRETE PROJ EST#3 07/2014 900.00 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 10 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0668-435.43-40 06/27/2014 MISC CONCRETE RETAINAGE EST#3 07/2014 172 .58- 07/02/2014 164539 RUM RIVER VETERINARY CLINIC 18152 34.00 101-0440-425.43-30 06/25/2014 k-9 KONA VACCINE 230537 07;2014 34.00 07/02/2014 164540 ROCK SOLID LANDSCAPE & IRRIGAT 18171 74.99 101-0881-465.43-40 06/30/2014 LAWN MOWING ABATEMENT 6625 07/2014 74.99 07/02/2014 164541 SAM'S CLUB 19004 1,625.03 101-0770-455.42-21 06/20/2014 ZONE SUPPLIES 07/2014 399.35 101-0770-455.42-21 06/20/2014 CUPS,CREAMER,SUPPLIES 07/2014 160.00 101-0770-455.42-21 06/20/2014 ROCKS SUPPLIES 07/2014 317.24 101-0550-425.42-21 06/20/2014 STA SUPPLIES,PHOTO 07/2014 184.10 101-0440-425.42-21 06/20/2014 SAFETY CAMP SUPPLIES 07/2014 408.30 270-0771-455.42-21 06/20/2014 SUPPLIES 07/2014 23 .70 270-0771-455.42-21 06/20/2014 CAMP SUPPLIES 07/2014 132.34 07/02/2014 164542 STREICHER'S 19050 19, 043.50 240-0000-425.42-25 04/07/2014 MP 15 CARBINE-RIFFLES 375,23,68,09,96 07/2014 18,387.05 101-0440-425.42-21 04/18/2014 HANDGUARD,ILLUM KIT 982,740, 891 07/2014 431.46 101-0440-425.42-17 O5/28/2014 UNIFORM BOOTS 109375 07/2014 120.00 101-0440-425.42-25 OS/28/2014 FLASHLIGHT 109375 07/2014 104.99 � )7/02/2014 164543 SWANSON FLO-SYSTEMS CO 19105 199.05 � 601-7000-415.43-40 06/19/2014 SERVICE CALL NETWRK WTP 1128265 07/2014 199.05 07/02/2014 164544 CITY OF ST PAUL 19140 1,335.60 101-0668-435.42-22 OS/07/2014 ASPHALT IN00001996 07/2014 1,335.60 07/02/2014 164545 SURPLUS SERVICES 19167 3,825.00 101-0669-435.42-25 06/30/2014 1980 CATERPILLER FORK TRK 25865 07/2014 3,825.00 07/02/2014 164546 JAN SWANSON 19198 133.63 270-0771-455.42-21 06/03/2014 REIMB PROGRAM SUPPLIES 07/2014 133.63 07/02/2014 164547 SUBURBAN TIRE WHOLSALE, INC 19229 2,298.53 101-0000-143.00-00 06/16/2014 TIRES 10126120 07/2014 1, 706.05 101-0000-143.00-00 06/25/2014 TIRES 10126276 07/2014 592.48 07/02/2014 164548 STRAUGHAN HARDWARE, INC 19278 202 .50 101-0770-455.42-21 06/17/2014 KEYS 50024 07/2014 202.50 07/02/2014 164549 SHI ZNTERNATIONAL CORP 19328 1,484.00 409-0000-415.42-21 06/27/2014 MICROSFT WINDOWS LICENSE B02112166 07/2014 1,152.00 409-0000-415.42-21 06/27/2014 MICROSFT WINDOWS LICENSE B02112166 07/2014 332.00 07/02/2014 164550 SIR LINES-A-LOT 19381 3,785.10 406-0006-435.43-40 06/26/2014 STREET MARKINGS JPA MAINT 3398 07/2014 3,785.10 07/02/2014 164551 TERRY OVERACKER PLUMBING 20029 312.00 101-0880-465.43-40 06/24/2014 INSPECTIONS 40442,443,444 07/2014 192.00 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 11 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0880-465.43-40 06/25/2014 INSPECTIONS 40445,40446 07/2014 120.00 07/02/2014 164552 TOLL GAS & WELDING SUPPLY 20057 86.23 101-0669-435.42-22 06/23/2014 WELDING SUPPLIES 10031208 07/2014 86.23 07/02/2014 164553 TRUGREEN-5635 20064 193 .90 101-0550-425.43-40 O5/29/2014 FIRE TRAZNING CENTER LAWN 20185643 07/2014 193.90 07/02/2014 164554 TITAN MACHINERY 20159 143.66 101-0000-144.00-00 06/18/2014 BALL JOINT,THROTTLE 4012810 07/2014 143.66 07/02/2014 164555 UNITED WAY 21035 25.00 101-0000-219.08-00 07/03/2014 PAYROLL SUMMARY 20140703 07/2014 25.00 07/02/2014 164556 U.S. DEPARTMENT OF EDUCATION 21066 211.90 101-0000-219.20-00 07/03/2014 PAYROLL SUMMARY 20140703 07/2014 211.90 07/02/2014 164557 VADOS BAIT/FISHER 22001 129.76 270-0771-455.42-21 06/23/2014 BAIT 43798 07/2014 129.76 07/02/2014 164558 VINOCOPIA, INC 22023 479.25 609-0000-181.00-00 06/30/2014 JUNE-WINE 07/2014 469.25 609-9100-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 10.00 H+ i„�,� )7/02/2014 164559 VAL-PAR OF MINNESOTA 22042 1,800.00 609-9100-415.43-34 06/30/2014 JUNE-VAL PAK ADVERTISING 85754 07/2014 1,800.00 07/02/2014 164560 WAUSAU TILE INC 23033 661.24 101-0666-435.42-22 06/20/2014 GARBAGE CAN LIDS 464625 0�/2014 661.24 07/02/2014 164561 W.C.E.C. - WEST CENTRAL 23034 2,715.00 101-0669-435.43-40 OS/31/2014 VAC/DISPOSAL-SUMP WASTE 73056 07/2014 2,715.00 07/02/2014 164562 WINE COMPANY 23043 128.00 609-0000-181.00-00 06/30/2014 JUNE-WINE 07/2014 128.00 07/02/2014 164563 WINE MERCHANTS 23045 52�•98 609-0000-181.00-00 06/30/2014 JUNE-WINE 07/2014 312.00 609-9100-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 5.70 609-9200-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 2.28 609-0000-156.00-00 06/30/2014 JUNE-WINE 07/2014 206.00 07/02/2014 164564 WATER CONSERVATION SERVICE, IN 23059 1, 042.56 601-7500-415.43-40 06/11/2014 LEAK LOCATE 5140 07/2014 1,042.56 07/02/2014 164565 WENCK ASSOCIATES, INC 23070 1,878.86 603-7500-415.43-30 06/30/2014 OAK GLEN PROJ 11402254 07/2014 1,878.86 07/02/2014 164566 WIRTZ BEVERAGE MINNESOTA BEER, 23092 38,112.92 609-0000-182.00-00 06/30/2014 JUNE-BEER 07/2014 29,200.00 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 12 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 609-0000-183 .00-00 06/30/2014 JUNE-MISC 07/2014 18.97 609-0000-157.00-00 06/30/2014 JUNE-BEER 07/2014 8, 890.00 609-0000-158.00-00 06/30/2014 JUNE-MISC 07/2014 3.95 07/02/2014 164567 XCEL ENERGY 24002 18,397.18 101-0666-435.43-38 06/23/2014 UTILITIES 417222734 07/2014 2,528.91 601-7000-415.43-38 06/23/2014 UTILITIES 417207199 07/2014 15,844.10 101-0666-435.43-38 06/23/2014 UTILITIES 417543247 07/2014 24.17 07/02/2014 164568 YELLOW DOG UPHOLSTERY 25016 150.00 601-7000-415.43-40 06/24/2014 REPAIR DRIVERS SEAT 3929 07/2014 150.00 07/02/2014 164569 Dunn Bros Coffee 99998 200.00 101-0000-240.00-00 07/O1/2014 TSP 14-09 DEPOSIT REFUND 07/2014 200.00 07/02/2014 164570 RICAARD MARAS 2014577 35.00 101-0666-435.42-17 06/23/2014 REIMB SAFETY BOOTS 23182 07/2014 35.00 07/02/2014 164571 GRAIG WEBER 2014789 19.49 101-0666-435.42-17 06/23/2014 REIMB SAFETY BOOTS 07/2014 19.49 07/10/2014 164572 ANOKA COUNTY HIGHWAY DEPARTMEN 1023 150.00 601-7000-415.43-31 07/O1/2014 JUNE PERMIT FEE #14-058 14-058 07/2014 150.00 �+ N 17/10/2014 164573 ARAMARK UNIFORM SERVICES 1045 1,081.79 101-0669-435.42-17 06/27/2014 UNIFORMS 792067054 07/2014 157.45 101-0666-435.42-17 06/27/2014 UNIFORMS 792067055 07/2014 172.42 602-7000-415.42-17 06/27/2014 UNIFORMS 792067056 07/2014 127.64 101-0668-435.42-17 06/27/2014 UNIFORMS 792067057 07/2014 180.17 601-7000-415.42-17 06/27/2014 UNIFORMS 792067058 07/2014 103 .64 101-0669-435.42-17 06/27/2014 RUGS,MATS 792067059 07/2014 136.60 609-9100-415.42-17 06/27/2014 RUGS,MATS 792495660 07/2014 54.47 101-0660-415.42-17 06/27/2014 RUGS,MATS 792067060 07/2014 149.40 07/10/2014 164574 ANOKA COUNTY TREASURER 1048 243.70 101-0440-425.42-12 07/O1/2014 MAY FUEL FOR DTF-CRESTIK H140626B 07/2014 243.70 07/10/2014 164575 ALL AUTO GLASS, INC 1080 152.18 601-7000-415.43-40 06/12/2014 REPLACE WINDSHIELD 3747330 07/2014 152.18 07/10/2014 164576 ANCOM COMMUNICATIONS INC 1088 1,026.00 101-0550-425.42-21 06/30/2014 VOICE PAGERS 45960 07/2014 1, 026.00 07/10/2014 164577 ASPEN MILLS INC 1161 29•95 101-0440-425.42-17 07/08/2014 SLACK GLOVES 151558 07/2014 29.95 07/10/2014 164578 ANOKA COUNTY LICENSE CENTER 1214 24.00 101-0440-425.42-21 07/O1/2014 TABS V390,V329 07/2014 24.00 07/10/2014 164579 ACE SOLID WASTE, INC 1241 188.10 101-0660-415.43-40 07/03/2014 REFUSE HAULING 11407790 07/2014 188.10 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 13 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 07/10/2014 164580 ASTLEFORD INTERNATIONAL TRUCKS 1246 8, 517.72 101-0668-435.43-40 O5/16/2014 ENGINE REPAIRS W274053 07/2014 6, 656.08 101-0668-435.43-40 04/11/2014 ELECTRICAL REPAIRS C274191 07/2014 1,861.64 07/10/2014 164581 ALBRECHT SIGN & GRAPHICS, INC 1285 149.85 101-0440-425.43-35 06/19/2014 BUSINESS CARDS 21009 07/2014 149.85 07/10/2014 164582 APEX PRINT TECHNOLOGIES 1311 4,176.80 601-6000-415.43-32 07/08/2014 MAY/JUNE STM BILLING 168786 07/2014 1,653 .47 602-6000-415.43-32 07/08/2014 MAY/JUNE STM BILLING 168786 07/2014 814.40 601-6000-415.43-32 07/08/2014 JUNE METER CARDS 168786 07/2014 958.93 601-6000-415.43-32 07/OB/2014 WEBSITE-JUNE 168786 07/2014 502.50 602-6000-415.43-32 07/OS/2014 WEBSITE-JUNE 168786 07/2014 247.50 07/10/2014 164583 AUTONATION FORD 1312 3, 126.63 101-0000-144.00-00 06/23/2014 AUTO PARTS 07/2014 1,500.33 101-0440-425.43-40 06/23/2014 ACCIDENT,RESTRAIT REPAZRS 07/2014 1,338.55 101-0669-435.43-40 06/23/2014 WIPER REPAIRS 07/2014 287.75 07/10/2014 164584 WARDI ABADER 1317 30.00 227-0000-415.43-40 06/30/2014 CHORES/MORE 07/2014 30.00 � )7/10/2014 164585 BATTERIES PLUS 2004 17.95 (N 601-7000-415.42-22 07/02/2014 BATTERY 028416663 07/2014 17.95 07/10/2014 164586 BARTON SAND & GRAVEL CO 2005 2,131.26 601-7500-415.42-22 06/30/2014 CLASS S,SAND 07/2014 1,481.26 601-7500-415.43-40 06/30/2014 DISPOSAL FEE 07/2014 425.00 101-0668-435.43-40 06/30/2014 CLASS 5, SAND 07/2014 225.00 07/10/2014 164587 BEISSWENGER'S HARDWARE 2019 198.84 101-0666-435.42-22 07/02/2014 TRIMMER WIRE,SUPPLIES 07/2014 160.87 101-0668-435.42-22 07/02/2014 CLEANING SUPPLIES,MARKERS 07/2014 37.97 07/10/2014 164588 BOYER TRUCKS INC 2035 198.09 101-0000-144.00-00 07/OS/2014 STARTER,CORE RETURN 866516X1,CM16X1 07/2014 198.09 07/10/2014 164589 BOND TRUST SERVICES CORP 2136 900.00 380-2010-475.46-20 06/12/2014 3641 PA2010B GO EQUIP CER 10850 07/2014 450.00 601-8903-475.46-20 06/12/2014 36440PA 2010A UTIL REV BD 10851 07/2014 450.00 07/10/2014 164590 BRIGHTON VETERINARY HOSPITAL 2138 3,200.00 101-0440-425.43-40 07/O1/2014 APRIL/MAY ANIMAL CONTROL 07/2014 3,200.00 07/10/2014 164591 RON BLOCH 2152 30.00 101-0770-455.43-40 06/30/2014 CHORES/MORE 07/2014 30.00 07/10/2014 164592 ROGER BELISLE 2219 50.00 227-0000-415.43-40 06/30/2014 CHORES/MORE 07/2014 50.00 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 14 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CAECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ----------------------------------------------------------------------------°------------------------------------------------------- ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 07/10/2014 164593 TAOMAS BEERS 2233 15.00 227-0000-415.43-40 06/30/2014 CHORES/MORE 07/2014 15.00 07/10/2014 164594 DALLAS INTERNATIONAL 3070 84.95 601-6000-415.42-21 07/08/2014 HANDSET LIFTER 50813 07/2014 42.48 101-0331-415.42-21 07/08/2014 HANDSET LIFTER 50813 07/2014 42.47 07/10/2014 164595 COMMERCIAL ASPHALT 3100 5, 775.51 601-7500-415.42-22 06/30/2014 ASPHALT 07/2014 5,775.51 07/10/2014 164596 COMO LUBE & SUPPLIES INC 3129 60.00 101-0669-435.43-40 07/08/2014 OIL FILTER DISPOSAL 565614 07/2014 60.00 07/10/2014 164597 CONTINENTAL RESEARCH CORP 3159 2,575.00 602-7000-415_42-22 06/30/2014 DEGREASER FOR LIFT STA 406417CRC1 07/2014 2,575.00 07/10/2014 164598 CENTRAL MN CUSTODIAL SERVICES 3198 1, 040.00 101-0669-435.43-40 06/30/2014 JUNE CLEANING SERV 1150 07/2014 1, 040.00 07/10/2014 164599 CENTURY LINK 3295 607.09 , 270-0771-455.43-32 06/25/2014 PHONE SERVICE 7833923 07/2014 41.66 101-0333-415.43-32 06/25/2014 PHONE SERVICE 5742480 07/2014 36.54 � 101-0550-425.43-32 06/25/2014 PAONE SERVICE Z010545 07/2014 282 .50 � 601-7000-415.43-32 06/25/2014 PHONE SERVICE Z010548 07/2014 143 .28 � 101-0669-435.43-32 06/25/2014 PHONE SERVICE Z010546 07/2014 103 .11 07/10/2014 164600 CENTURY LINK 3295 873 .59 101-0110-415.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 6.64 101-0220-415.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 16.61 101-0221-415.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 9.96 101-0224-415.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 6.64 101-0331-415.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 39.86 101-0332-415.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 9.96 101-0333-415.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 29.89 101-0440-425.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 322.20 101-0441-425.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 33 .22 101-0550-425.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 56.47 101-0660-415.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 109.61 101-0661-435.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 29.89 101-0669-435.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 43.18 101-0880-465.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 23.25 101-0881-465.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 33.22 101-0882-465.43-32 06/25/2014 PHONE SERVZCE Z010553 07/2014 13.29 101-0770-455.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 36.54 101-0770-455.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 3.32 270-0771-455.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 16.61 601-6000-415.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 6 .66 601-7000-415.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 6.65 225-0000-415.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 6.64 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 15 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 237-0000-415.43-32 06/25/2014 PHONE SERVICE Z010553 07/2014 6.64 101-0000-135.00-00 06/25/2014 PHONE SERVICE Z010553 07/2014 6.64 07/10/2014 164601 CUSTOM MANUFACTURING, INC 3323 3,254.00 407-0007-455.42-22 06/19/2014 BOARDWALK REPAIRS 4893 07/2014 3,254.00 07/10/2014 164602 DIAMOND VOGEL PAINT 4027 1,303.00 101-0668-435.42-22 06/09/2014 TRAFFIC PAINT 07/2014 1,303 .00 07/10/2014 164603 DELANEY CONSULTING, LLC 4072 3,200.00 609-9100-415.43-30 07/03/2014 HIRING PROC IMP CONSULT 1308 07/2014 3,200.00 07/10/2014 164604 ENVIRONMENTAL EQUIP & SERVICE 5007 279.41 101-0000-144.00-00 06/30/2014 SINGLE VALVE-SPRAY SYS 11302 07/2014 279.41 07/10/2014 164605 EMERGENCY MEDICAL PRODUCTS INC 5039 808.45 101-0550-425.42-21 06/30/2014 EMS SUPPLIES 165697 07/2014 808.45 07/10/2014 164606 FEDEX CORP 6068 65.68 101-0440-425.43-40 07/O1/2014 SHIPPING TO L3 MOBILE 269738376 07/2014 65.68 07/10/2014 164607 FRIENDLY CHEVROLET,INC 6075 5,148.84 101-0440-425.43-40 06/30/2014 A/C REPAIRS,ALIGNMENT 07/2014 322.32 � 101-0880-465.43-40 06/30/2014 ACCIDENT REPAIRS #107 816454 07/2014 3,602.75 � 101-0666-435.43-40 06/30/2014 ACCIDENT REPAIRS #501 819277 07/2014 960.85 101-0000-144.00-00 06/30/2014 PARTS 07/2014 262. 92 07/10/2014 164608 FOURTEEN FOODS 6135 200_00 101-0770-455.42-21 07/02/2014 SAFETY CAMP DILLY BARS 07/2014 200.00 07/10/2014 164609 FLAT ROCK GEOGRAPHICS 6144 970.00 601-7000-415.43-40 07/07/2014 MAPPING/DATA COLLECTION 857 07/2014 323 .33 602-7000-415.43-40 07/07/2014 MAPPING/DATA COLLECTION 857 07/2014 323 .33 603-7000-415.43-40 07/07/2014 MAPPING/DATA COLLECTION 857 07/2014 323 .34 07/10/2014 164610 FLEET PRIDE 6151 265.11 101-0000-144.00-00 06/30/2014 PARTS 62107219,83438 07/2014 265.11 07/10/2014 164611 GOPHER STATE ONE-CALL INC 7013 474.15 601-7000-415.43-40 06/30/2014 JUNE LOCATES 112257 07/2014 237.07 602-7000-415.43-40 06/30/2014 JUNE LOCATES 112257 07/2014 237.08 07/10/2014 164612 GENUINE PARTS CO/NAPA 7014 3,171.55 101-0000-144.00-00 06/30/2014 PARTS 07/2014 2,631.62 101-0669-435.42-22 06/30/2014 PARTS 07/2014 277.96 101-0666-435.42-25 06/30/2014 GRINDER 07/2014 56.90 101-0669-435.42-25 06/30/2014 GREESE GUN 07/2014 99.99 101-0000-143.00-00 06/30/2014 BATTERY 07/2014 105.08 07/10/2014 164613 GRAINGER 7041 40.75 601-7000-415.42-22 06/20/2014 RELIEF VALVE SPRING,SPRG 9471712894 07/2014 40.75 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 16 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 -----------------------------------------------------------------------------------------------'------------------------------------- CHECK CHECK CAECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 07/10/2014 164614 HAWKINS INC 8093 6,367.59 601-7000-415.42-22 06/27/2014 WATER CHEMICALS 3614288 07/2014 6,367.59 07/10/2014 164615 HOT DISH ADVERTISING, LLC 8181 5, 038.75 609-9100-415.43-30 07/03/2014 MARKETING SERV/SIGNAGE 21691 07/2014 5, 038.75 07/10/2014 164616 INDEPENDENT SCHOOL DIST #14 9006 13,517.98 101-0770-455.43-50 07/03/2014 JAN/FEB BUILDING USAGE 4368,4369 07/2014 13,517.98 07/10/2014 164617 INDELCO PLASTICS CORPORATION 9030 85.19 601-7000-415.42-22 07/02/2014 BALL CHECR,BUSHINGS WTP 853409 07/2014 85.19 07/10/2014 164618 INFRATECH INC 9051 2, 742.50 603-7000-415.43-40 06/16/2014 GROUT STRUCTURES-MONROE PR140416 07/2014 2, 742.50 07/10/2014 164619 INTERSTATE ALL BATTERY CENTER 9073 18.80 101-0440-425.42-21 06/27/2014 BATTERIES 1902701001473 07/2014 18.80 07/10/2014 164620 JOHNSON BROTHERS LIQUOR 10005 63,750.86 609-0000-180.00-00 06/30/2014 JUNE-LIQUOR 07/2014 29,615.24 609-0000-181.00-00 06/30/2014 JUNE-WINE 07/2014 14,697.03 609-9100-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 727.72 � 609-0000-155.00-00 06/30/2014 JUNE-LIQUOR 07/2014 13,731.85 � 609-0000-156.00-00 06/30/2014 JUNE-WINE 07/2014 4,705.02 609-9200-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 274.00 07/10/2014 164621 RICK JOHNSON DEER AND BEVER, I 10023 90.00 101-0440-425.43-40 07/O1/2014 DEER REMOVAL 07/2014 90.00 07/10/2014 164622 SUSAN JOHNSON 10040 57.50 101-0770-455..43-33 06/30/2014 REIMB MILEAGE 07/2014 57.50 07/10/2014 164623 JANI-KING OF MINNESOTA, INC 10056 2,715.92 101-0660-415.43-40 07/03/2014 JULY CLEANING MIN07140330 07/2014 2,715.92 07/10/2014 164624 JAN & CODY'S EGGROLL CATERING 10105 130.00 101-0770-455.42-21 07/02/2014 SAFETY CAMP FOOD 07/2014 130.00 07/10/2014 164625 KROLL 11059 18.00 101-0440-425.43-40 06/30/2014 SACKGROUND CHECKS H0021921 07/2014 18.00 07/10/2014 164626 KEEPRS, INC. 11091 1,089.97 101-0440-425.42-21 OS/02/2014 GLOCK PISTOL WITH SIGHT 242970 07/2014 1,089.97 07/10/2014 164627 KLEIN UNDERGROUND, LLC 11115 651.00 601-7500-415.43-40 06/27/2014 REPAIR SOD DUE TO WTR BRK 07/2014 651.00 07/10/2014 164628 LEVANDER,GILLEN & MILLER, PA 12013 6, 983.50 101-0222-415.43-30 07/09/2014 JUNE ATTY FEES 07/2014 6,983.50 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 17 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 07/10/2014 164629 LAKE RESTORATION INC 12026 465.00 603-7000-415.43-40 06/30/2014 WEED/ALGAE TREATMENT 117787 07/2014 465.00 07/10/2014 164630 LANO EQUIPMENT INC 12064 170.85 101-0000-144.00-00 06/27/2014 PINS/BUSHINGS 02154376 07/2014 170.85 07/1�/2014 164631 LOFFLER COMPANIES, INC 12143 4,233.19 101-0333-415.43-40 06/30/2014 PRINTER MAINT FEES 1775685 07/2014 724.26 101-0333-415.43-40 06/30/2014 PRINTER MAINT FEES 1779308 07/2014 1, 052.80 409-0000-415.45-60 07/02/2014 CARD RDR,LICENSE/INSTALL 1778784 07/2014 2,456.13 07/10/2014 164632 MINNESOTA UNEMPLOYMENT FUND 13047 1,343.88 101-0666-435.41-40 07/09/2014 2ND QRT UNEMPLOYMENT 9355670 07/2014 762.62 101-0770-455.41-40 07/09/2014 2ND QRT UNEMPLOYMENT 93556�0 07/2014 581.26 07/10/2014 164633 MINN DEPT OF PUBLIC SAFETY-B.0 13111 750.00 101-0440-425.43-32 07/OS/2014 CJDN CONNECTION 2ND QRT 154219 07/2014 750.00 07/10/2014 164634 MINNESOTA VALLEY TESTING LABS 13165 41.00 101-0770-455.43-40 07/02/2014 BEACH WATER TESTING 708556 07/2014 41.00 07/10/2014 164635 MINN CHIEFS OF POLICE ASSOC 13197 59.90 � 101-0440-425.42-21 07/08/2014 PERMITS-ACQUIRE HANDGUN 07/2014 59.90 �07/10/2014 164636 MINNESOTA ELEVATOR INC 13236 139.72 101-0660-415.43-40 07/03/2014 JULY MAINT SERVICE 316364 07/2014 139.72 07/10/2014 164637 MENARDS - FRIDLEY 13256 1,271.85 601-7000-415.42-22 07/02/2014 SHARPIES,LIGHTERS 69055 07/2014 17.95 101-0666-435.42-22 06/26/2014 PAVER BLOCKS,CAPS 68482 07/2014 1,103.32 101-0666-435.42-22 07/02/2014 PAVER EDGERS 69092 07/2014 23.70 101-0666-435.42-22 07/03/2014 SAW BLADES 69158 07/2014 98.89 101-0666-435.42-22 07/03/2014 GAS CAN 69161 07/2014 27.99 07/10/2014 164638 MINNEAPOLIS SAW INC 13290 1,135.00 101-0666-435.42-25 07/03/2014 CONCRETE SAW 39631 07/2014 1,135.00 07/10/2014 164639 MAGNETO POWER, LLC 13387 248.67 101-0000-144.00-00 07/08/2014 ENGINE REPAIR PARTS 2006799,2006432 07/2014 248.67 07/10/2014 164640 NORTHEAST TOWING SERVICE INC 14057 390.00 406-0006-435.43-40 06/14/2014 TOWING FOR SEAL COATING 07/2014 390.00 07/10/2014 164641 NORTHERN SANITARY SUPPLY INC 14089 42.60 101-0666-435.42-22 07/O1/2014 CANS OF DISINFECTANT 169283 07/2014 42.60 07/10/2014 164642 NETWORK DESIGN 14132 2,267.76 409-0000-415.43-40 06/17/2014 INSTALL,TERMINATED,TEST 0100060 07/2014 2,267.76 07/10/2014 164643 NETWORK MEDICS, INC 14157 73 .75 409-0000-415.43-40 07/O1/2014 VITAL BACKUP 4970 07/2014 73.75 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 18 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 07/10/2014 164644 ON SITE SANITATION 15035 1,306.50 101-0666-435.43-41 07/02/2014 PORTABLE RESTROOMS A542862 07/2014 25.00 101-0770-455.43-41 06/26/2014 PORTABLE RESTROOMS A545644 07/2014 1,281.50 07/10/2014 164645 PHILLIPS WINE & SPIRITS 16011 15, 160.84 609-0000-180.00-00 06/30/2014 JUNE-LIQUOR 07/2014 6,342.79 609-0000-181.00-00 06/30/2014 JUNE-WINE 07/2014 5, 023 .20 609-9100-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 204.06 609-9200-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 72 .96 609-0000-155.00-00 06/30/2014 JUNE-LIQUOR 07/2014 1,681.13 609-0000-156.00-00 06/30/2014 JUNE-WINE 07/2014 1,836.70 07/10/2014 164646 POSTMASTER 16024 1, 950.00 101-0220-415.43-32 07/OB/2014 POSTAGE AUGUST NEWSLETTER 07/2014 1, 950.00 07/10/2014 164647 PRO STAFF 16029 839.68 101-0880-465.43-40 07/O1/2014 TEMP-BUILDING PERMITS 102947725 07/2014 839.68 07/10/2014 164648 PRINT CENTRAL 16067 560.61 237-0000-415.43-35 07/03/2014 RECYCLING EVENT MAGNETS 105113 07/2014 180.61 601-7000-415.43-35 07/07/2014 BUSINESS CARDS 105012 07/2014 95. 00 101-0669-435.43-35 07/07/2014 BUSINESS CARDS 105012 07/2014 95. 00 �-` 101-0661-435.43-35 07/07/2014 BUSINESS CARDS 105012 07/,2014 95.00 � 602-7000-415.43-35 07/07/2014 BUSINESS CARDS 105012 07/2014 95.00 00 07/10/2014 164649 QUAD/GRAPHICS 17007 2,913 .89 101-0220-415.43-35 07/03/2014 NEWSLETTER 50145091 07/2014 2,913 .89 07/10/2014 164650 ROCK SOLID LANDSCAPE & IRRIGAT 18171 299•96 101-0881-465.43-40 07/O1/2014 LAWN MOWING-ABATEMENTS 6639-6642 07/2014 299. 96 07/10/2014 164651 ROOTSTOCK WINE COMPANY 18172 166.25 609-0000-181.00-00 06/30/2014 JUNE-WINE 07/2014 164 .00 609-9100-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 2.25 07/10/2014 164652 SILENT KNIGHT SECURITY SYSTEMS 19026 600.00 101-0660-415.43-40 07/03/2014 FIRE INSPECTION 83503 07/2014 600.00 07/10/2014 164653 SHORT ELLIOTT HENDRICKSON INC 19108 1,317.33 101-0661-435.43-30 07/07/2014 ANTENNA PROJECT 281320 07/2014 1,317.33 07/10/2014 164654 STRAND, BRIAN 19189 91•28 225-0000-415.43-33 06/28/2014 REIMB MILEAGE 07/2014 91.28 07/10/2014 164655 SCHMIT TOWING, INC 19202 390.00 240-0000-425.43-40 07/O1/2014 TOWING FEES 07/2014 325. 00 101-0440-425.43-40 07/O1/2014 TOWING FEE 07/2014 65. 00 07/10/2014 164656 SUBURBAN TIRE WHOLSALE, INC 19229 279•z6 101-0000-143.00-00 07/08/2014 TIRES 10126342 07/2014 279.26 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 19 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT --------------------------------------------------------------°--------------------------------------------------------------------- 07/10/2014 164657 JAN SIMONS 19265 30.00 227-0000-415.43-40 06/30/2014 CHORES/MORE 07/2014 30.00 07/10/2014 164658 SHI INTERNATIONAL CORP 19328 92.00 101-0333-415.42-21 06/03/2014 ONENOTE LICENSES B02162255 07/2014 92.00 07/10/2014 164659 SOUTHERN WINE & SPIRITS OF MN, 19353 21,380.83 609-0000-180.00-00 06/30/2014 JUNE-LIQUOR 07/2014 14, 088.35 609-0000-181.00-00 06/30/2014 JUNE-WINE 07/2014 1,477.80 609-0000-183.00-00 06/30/2014 JUNE-MISC 07/2014 108.65 609-9100-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 244.91 609-0000-155.00-00 06/30/2014 JUNE-LIQUOR 07/2014 5,016.47 609-0000-156.00-00 06/30/2014 JUNE-WINE 07/2014 320.00 609-0000-158.00-00 06/30/2014 JUNE-MISC 07/2014 38.87 609-9200-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 85.78 07/10/2014 164660 TAHO SPORTSWEAR 20014 594.50 101-0770-455.42-17 07/02/2014 LOGO SHIRTS/JACKETS 14TF1003,1004 07/2014 594.50 07/10/2014 164661 TRUGREEN-5635 20064 4,206.00 101-0666-435.43-40 06/14/2014 WEED CONTROL 21245938 07/2014 3, 940.00 601-7000-415.43-40 06/14/2014 WEED CONTROL 21245938 07/2014 266.00 H+ � )7/10/2014 164662 ANDREW TODD 20132 1,278 .00 101-1000-415.43-37 07/08/2014 SCHL REIMB SUMMER 2014 PSA625A 07/2014 1,278.00 07/10/2014 164663 TITAN MACHINERY 20159 129.38 101-0000-144.00-00 06/18/2014 CASLE 07/2014 129.38 07/10/2014 164664 TYLER TECHNOLOGIES, INC 20180 19,515.00 409-0000-415.45-60 07/08/2014 FINANCIAL SYS PROGRESS 02599833 07/2014 19,515.00 07/10/2014 164665 UNITED BUSINESS MAIL 21064 2,116.30 101-0000-135.00-00 06/30/2014 POSTAGE 341001 07/2014 10.22 101-0220-415.43-32 06/30/2014 POSTAGE 341001 07/2014 139.15 101-0223-415.43-32 06/30/2014 POSTAGE 341001 07/2014 42.58 101-0331-415.43-32 06/30/2014 POSTAGE 341001 07/2014 282.39 101-0332-415.43-32 06/30/2014 POSTAGE 341001 07/2014 5.79 101-0440-425.43-32 06/30/2014 POSTAGE 341001 07/2014 285.29 101-0550-425.43-32 06/30/2014 POSTAGE 341001 07/2014 70.68 101-0668-435.43-32 06/30/2014 POSTAGE 341001 07/2014 55.87 101-0661-435.43-32 06/30/2014 POSTAGE 341001 07/2014 126.89 101-0770-455.43-32 06/30/2014 POSTAGE 341001 07/2014 128.93 101-0770-455.43-32 06/30/2014 POSTAGE 341001 07/2014 4.43 101-0880-465.43-32 06/30/2014 POSTAGE 341001 07/2014 69.66 101-0881-465.43-32 06/30/2014 POSTAGE 341001 07/2014 177.13 101-0882-465.43-32 06/30/2014 POSTAGE 341001 07/2014 91.46 225-0000-415.43-32 06/30/2014 POSTAGE 341001 07/2014 .68 237-0000-415.43-32 06/30/2014 POSTAGE 341001 07/2014 11.24 PREPARED 07/10/2014, 15:08:49 A/P CHECKS BY PERIOD AND YEAR PAGE 20 PROGRAM: GM350L CITY OF FRIDLEY FROM 06/23/2014 TO 07/11/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 270-0771-455.43-32 06/30/2014 POSTAGE 341001 07/2014 84.82 601-7000-415.43-32 06/30/2014 POSTAGE 341001 07/2014 115.33 609-9100-415.43-32 06/30/2014 POSTAGE 341001 07/2014 .68 101-0223-415.43-32 06/30/2014 POSTAGE 341001 07/2014 25.00 406-0006-435.43-32 06/30/2014 POSTAGE 07/2014 388.08 07/10/2014 164666 VESSCO INC 22012 3, 083.63 601-7000-415.42-25 06/19/2014 AMMONIA SCALE 60626 07/2014 3, 083.63 07/10/2014 164667 VOIGT'S BUS COMPANIES 22048 637.48 101-0770-455.43-33 07/02/2014 TRANSPORTATION 63605,63606 07/2014 637.48 07/10/2014 164668 W.S.B. & ASSOCIATES INC 23012 274.00 603-7500-415.43-30 07/03/2014 SPRGBRK WEIRS PROJ 07/2014 274.00 07/10/2014 164669 WALTERS RECYCLING & REFUSE SER 23088 359.58 270-0771-455.43-40 07/O1/2014 REFUSE HAULING 796239 07/2014 359.58 07/10/2014 164670 WIRTZ BEVERAGE WINE & SPIRITS 23095 4,029.16 609-0000-180.00-00 06/30/2014 JUNE-LIQUOR 07/2014 3, 676.05 609-0000-181.00-00 06/30/2014 JUNE-WINE 07/2014 312.00 609-9100-415.43-51 06/30/2014 JUNE-FREIGHT 07/2014 41.11 � )7/10/2014 164671 YALE MECHANICAL INC 25003 z9�•25 � 101-0669-435.43-40 OS/03/2014 FURNACE,A/C REPAIRS 149826 07/2014 297.25 07/10/2014 164672 TODD ZIMBA 26024 52 .50 227-0000-415.43-40 06/30/2014 CHORES/MORE 07/2014 52.50 07/10/2014 164673 MS RELOCATION SVCS 99999 126.17 601-0000-245.00-00 07/O1/2014 UB REFUND-FINAL,FridleyMN 6729 KENNASTON 07/2014 126.17 07/10/2014 164674 BIRCH INVESTMENTS INC 99999 201.69 601-0000-245.00-00 07/O1/2014 UB REFUND-FINAL,FridleyMN 7375 MEMORY LN 07/2014 201.69 07/10/2014 164675 TODD ELKERTON 2014214 25.00 101-0000-347.82-51 06/30/2014 REC REFUND 07/2014 25.00 07/10/2014 164676 MOHAMMED KALAM 2014377 37.41 101-0000-347.89-51 07/O1/2014 REC REFUND 07/2014 37.41 07/10/2014 164677 ZACK VILLA 2014743 35.00 101-0666-435.42-17 07/08/2014 REIMB SAFETY BOOTS 07/2014 35.00 DATE RANGE TOTAL * 979,889.85 * � CITY COUNCIL MEETING OF J U LY 14, 2014 �O� BUSINESS LICENSE LIST NEW LICENSES TYPE OF LICENSE: APPLICANT: APPROVED BY: Massage Therapy Kazen Miller Public Safety Director Therapeutic Massage City Clerk 7091 Hi wa 65, Suite 101 Solicitor Vision Security LLC Public Safety Director Orem,Utah Peter Swenson,Becker,MN Temporary Food Fridley Historical Society Public Safety Director August 13,2014 Sue Meyers,Event Chair Fire Marshall ' Planning . . Tree Trimming B&M Tree Public Safety Director Pierz,MN Public Works/Engineering Ben Isdor 161 � AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2014 F�O� LICENSES Contractor T e A licant A roved B A L Shermer Construction Excavatin And Shermer Ron Julkowski, CBO Air Comfort Heatin &AC Gas Services James Hazeman Ron Julkowski,CBO Air Comfort Heatin &AC Heatin James Hazeman Ron Julkowski,CBO Air Conditionin Associates Heatin Laura Martinson Ron Julkowski, CBO Air Conditionin Associates Gas Services Laura Martinson Ron Julkowski, CBO Air Mechanical,Inc. Heatin Air Mechanical Ron Julkowski,CBO Area Mechanical Gas Services Jill Omodt Ron Julkowski,CBO Area Mechanical Heatin Jill Omodt Ron Julkowski,CBO Binder Heatin &AC Gas Services Richard Binder Ron Julkowski, CBO Binder Heatin &AC Heatin Richard Binder Ron Julkowski, CBO Construction Mechanical Services Heatin G.Elert Ron Julkowski, CBO Dave's Heatin ,Air and Electric Heatin David Roberts Ron Julkowski, CBO Ed's Heatin and Air Heatin Ed Pelto Ron Julkowski, CBO Elk Mechanical HVAC, Inc Heatin Bill Kerns Ron Julkowski, CBO Faircon Service Com an Heatin Paul Schoenecker Ron Julkowski, CBO Faircon Service Com an Gas Services Paul Schoenecker Ron Julkowski,CBO Frattalone Com anies Excavatin Bob Brule Ron Julkowski, CBO Freedom Heatin &Air Conditionin Heatin David Daner Ron Julkowski, CBO Galax Mechanical Heatin Ke Gerard Ron Julkowski, CBO Junction Plumbin &Heatin Inc. Gas Services Ben'amin Podvin Ron Julkowski, CBO Kothrade Sewer,Water&Excavatin Excavatin Pam Kothrade Ron Julkowski, CBO P&D Plumbin Heatin Dave Nothaft Ron Julkowski, CBO RAK Construction Inc. Commercial or Brennan Pederson Ron Julkowski, CBO S ecial River Ci Sheet Metal Heatin Chris Ra Ron Julkowski,CBO Roto Rooter Services Excavatin Paul Teale Ron Julkowski, CBO South-Town Refri eration Heatin Dan Anderson Ron Julkowski, CBO St. Paul Utilities Excavatin Ja Walters Ron Julkowski, CBO Standard Heatin &Air Conditionin Heatin Ste hanie O'Brien Ron Julkowski, CBO Sunset Window&Door LLC Commercial or Jeff Halvorson Ron Julkowski, CBO S ecial Total Comfort Heatin Tiffan Kline Ron Julkowski, CBO Total Comfort Gas Services Tiffan Kline Ron Julkowski, CBO Universal Si s, Inc Si Erector Scott Palmateer Ron Julkowski, CBO Vertical Limit Construction,LLC Commercial or Eric Bicknese Ron Julkowski, CBO S ecial Walker Sign Holdings Sign Erector Ashley-Solsrud- Ron Julkowski, CBO Beckman Westin Plumbin and Heatin , Inc. Heatin Matt Westin Ron Julkowski, CBO 162 ` AGENDA ITEM CITY COUNCIL MEETING OF July 14, 2014 °r'roF LICENSES FRIDLEY To: Walter Wysopal, City Manager From: Scott Hickok, Community Development Director Deb Biorn, Rental Property Inspections Date: July 9, 2014 Re: Annual Renewal of Rental Licenses AGENDA ITEM CITY COUNCIL MEETING Attached is a list of 21 properties that have submitted a rental license application, paid all fees related to license renewal, and completed the rental inspections process. The Rental Property Inspections Division of CommuniTy Development recommends that the City Council approves the issuance of the rental licenses for these properties. 163 Ready for Certificate The properties listed below meet the rental property guidelines according to Chapter 220 of the Fridley City Code. Property Id Property Address Units Owner 1114 5816 2nd St. NE 1 Eugene Tomas 1119 6061 2nd St. NE 4 Keinzle/ N & G Property 2070 5423 4th St. NE 1 Newland Properties, LLC 1560 5519 4th St. NE 1 Ashley Reeves 1191 276-78 58th Ave. N E 1 Betty Loewen 1196 5428 5th St. NE 4 Kienzle/ N &G Property 2255 1051 67th Ave. NE 1 Jose Figueroa 1529 19 77th Way NE 1 Allen Hoffer 1282 5400-04 7th St. NE 3 JRT Investments 1899 6245 Alden Way NE 1 Khalid Eljarushi 2151 5763 Central Ave. NE 1 Bao Nguyen 2164 161 Christenson Ct. NE 1 Rae Anne Skaaja 2259 5587 E. Danube Road 1 Michelle Modahl 2096 7217 East River Rd. 1 Andy Lange 1954 5530 Fillmore St. NE 1 Christoper Jaede 1377 4030 Main St. NE 2 Christopher Kruger 1383 6011 Main St. NE 4 UTone, LLC 1758 1124 Norton Ave. NE 1 Waheed Hussain 2246 6790 Plaza Curve 1 Ronald Brown 1408 1556 S Oberlin Circle 1 Bradley& Barbara Shofner 1574 6433-35 Starlite Circle NE 2 Josehine Vigers Number of Properties =21 164 � AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2014 ar�r oF ESTI MATES FRIDLEY Astech Corporation, Inc. P.O. Box 1025 St. Cloud,MN 56302 2014 Street Rehabilitation Project No. ST2014-01 EstimateNo. 2 ........................................................................................ $502,020.48 Sunram Construction, Inc. 20010—75`�'Avenue North Corcoran,MN 55340 Main Street Bike/Walk Project No. ST2011-22 EstimateNo. 4 ....................................................................................... $ 28,218.56 165 � AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2014 QTY OF FRIDLEY Date: July 1, 2014 To: Walter Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Continued Public Hearing for Rezoning Request, ZOA#13-02 for 3720 East River Road Update On December 9, 2013,the City Council opened a continued public hearing regarding the rezoning of a commercially-zoned property located at 3720 East River Road to industrial zoning.This site previously contained the business Baggan's Pub.The hearing had been continued at that time to allow the property owner to be present and heard. During the continued hearing, representatives of the bank,which owns the property, asked the City Council for time to market the property for sale as commercial as they felt it was better suited to remain zoned C-2, General Business.Staff advised that M-2, Heavy Industrial zoning was a better fit for the site and matched the surrounding uses. In the end,the City Council granted a six- month continuance of the hearing to allow the owner time to sell the property as commercial. As of last week, a representative of the bank that owns the subject property,called to state that they have reached a purchase agreement with a Hmong funeral home.This use would be allowed as a principal use under the current C-2 zoning, but not in industrial zoning. Staff has met with�representatives of a Hmong funeral home in the past.This use requires a unique site and 3720 East River Road is one that may work well for the activity involved in a Hmong funeral as there are no residences immediately adjacent.Staff's concern, however, is that if this property sale is not finalized as the owner anticipates, and the City discontinues the rezoning process at this time,the City would incur the expense of initiating the process from the beginning again to reach the same conclusions. Background The site in question was originally zoned industrial, but the zoning was changed to P, Public,when the City established a liquor store there. It was later rezoned to C-2,General Business,when a restaurant desired to co-exist on the site with the municipal liquor store. Several restaurant uses have existed on the site since and all have failed to survive on this site,which is isolated from any other commercial uses 166 nearby.Staff contends that the decision to rezone the property to C-2 years ago to accommodate an existing use was a poor lega{decision, and should be corrected at this time while the building is vacant and up for sale. The existing owner of the site, Prime Security Bank,that bought the site under foreclosure, +s not in support of the rezoning as they feel it will limit their ability to quickly seU the property to a willing seller. While the owner's goa!is to recover their investment in the property quickly, stafYs goal for the property is to see the site occupied by a long-term successful user that is a good fit into the surrounding area.Staff also desires to see the site put to legitimate use soon since the site has become a common, unauthorized,temporary storage lot in the area, because it has been vacant for so long. The site meets the minimum lot size required for an M-2 district property of 1.5 acres if the two parcels encompassing the site are combined.The property has a total lot size of 2.31 acres. The Bank had an interested industrial user negotiating a purchase on the site that staff met with several times over the past few months, but the Bank representatives say that offer is no longer on the table. Planning Commission Recommendation At the November 20, 2013, P4anning Commission meeting, a public hearing was held for ZOA#13-02. The owner did not have a representative at the hearing, but submitted a letter voicing their opposition to the rezoning,which is the same letter Council received at the December 2 public hearing.After hearing from representatives of the adjacent Minneapolis EOC a�d some discussion,the Planni�g Commission recommended approval of rezoning,ZOA#13-02.7HE MOTION CARRIED UNANIMOUSLY. Council Public Hearing Since there was no representative from the Bank at the December 2 public hearing to answer questions, a motion was made to continue the public hearing until the next council meeting to give the owner an opportunity to further explain their desire to delay the rezoning.The Bank then had representation at the December 9 Council meeting, where the City Council continued the public hearing to the July 14, 2104 City Council meeting to allow the Bank time to market the property under the commercial zoning. Staff Recommendation City Staff recommends that the City Council open the continued public hearing for Rezoning request, ZOA#13-02 at its July 14, 2014 meeting. Staff further recommends that the City Councit not close the opportunity to rezone the property at 3720 East River Road to its original M-2 zoning until there are assurances that the sale to a funeral home is successful.A sure sign of this, in staffs opinion, is when a building permit is obtained. However, to avoid the City incurring public hearing advertisement expenses again,the City Council needs to select a date certain for the continuance of the public hearing.To that end, staff recommends that ZOA#13-02 come back before the City Council on October 27, 2014 for further consideration or to withdraw the rezoning request. 167 � AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2014 C�TI(OF FRIDLEY Date: July 8, 2014 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#14-03, Rylund Properties owner of 1175 73 %Avenue NE for A-ABCO Recycled Auto Parts INTRODUCTION The petitioner, Chris Clos on behalf of A-ABCO Recycled Auto Parts, is seeking a special use permit to expand the auto recycling center use that currently exists at 1201-1231 73 %2 Avenue and 7360 Central Avenue,to the . � ,. �^� �� �, � 3�� 4; �F, � :k ��-...-.. 4 �? '��� *.ei�S�a.�J� �1 5 � property located at � ,�F�� . .N. - ��=;„�,� x � k.: "� g� � � 1175 73 %z Avenue � � �,��� � + � � �t � �� y � ,; � Ir 3_ N E � � � ; � A��� , � � � . ���� � i . � � � � ��'1 ` F# ��Jt,�� � � 1 � .� � � ��� A-ABCO is currently �� �� �; ��� ��� � ��`� � ��� '�� ��" r� leasing a warehouse �;�` ����'� `���� � ' � � � ; , � � .. � ;;� rd �� � � 3 � �� � � ; T'�row � S � at 1201 73 Avenue � ���� ��� � , �m� �;�� � ��� � � ��360� �����, � to store their ' .�,� �� ';�� � ��: ��'.� � inventory of parts ��` �� �� � �� � ��� `` �' ``� �" � ry � � �. � n �, �� ��. .t�� .�:,� r� � � �� � and they would like t � � ��� ""°"`" �'a `��y � �'� �� � . ��_ , ��r a r .�;.� 3/'YAV£N � . - x6 sYm'.�,..aw�' to instead purchase �t� � �� ''-���� �,��-� ����z�� � �-. the property at 1175 ���_"�'�� �.�. � � �° �w� , � � �° . .< ,� 73%Avenue to use � ��`� �- � ,�, �`�� ;�; , t�� � � < for their business. �`�� ��� � � � g�'_� �' � ���° � �� � �� ; � . r��� �- �� �� � � '��.x !��. f"� ,:�`' S; ... �. ,, � �,� Overall the property '�������`�" �� � ���� u� � � °; °�a� �k ', �s: w"1��xsa��x�S�lrvp'���X" �n� �� �� _ as it currently exists �'� ,� � x,�.�,��� k :� � ,� ��;;-,- - � � 3 today will not change from an outward appearance, with the exception of the installation of a screening fence along 73%Avenue. All operations for the auto recycling center will take place within the existing building, either through production or warehousing and office. The front parking lot will be used for employee parking and the rear lot will be left open to maneuver vehicles in and out of the building if the building 168 is used for production. There may be some storage racks or recycling bins in the rear yard,which will be screened from the public right-of-way. PLANNING COMMISSION RECOMMENDATION At the June 18, 2014 Planning Commission meeting, a public hearing was held for SP#14-03. After a brief discussion, the Planning Commission recommended approval of SP#14-03, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION Since the property involved in this application is owned in part by Mayor Lund, he will be excusing himself from discussion and decisions on this application from A-ABCO.City Staff recommends concurrence with the Planning Commission and approval of the attached resolution, including the following stipulations: STIPULATIONS 1. The petitioner shall comply with all building and fire code requirements. 2. The petitioner shall apply for any necessary permits, including a fence permit, prior to construction or demolition taking place on site. 3. No towed vehicles shall be parked or stored in the front parking lot prior to installation of screening fence. 4. New gates installed on the subject property shall remain closed except for when entering and exiting to provide proper screening. 5. The petitioner shall comply with any requirements set forth by the Rice Creek Watershed district. 6. The petitioner shall comply with any requirements set forth by the City's engineering staff for the existing storm pond. 7. The petitioner shall file a modified storm pond maintenance agreement for the existing pond if required by the City's engineering staff. 8. The petitioner shal!submit a landscape and irrigation plan for the boulevard area along 73 '� Avenue to be reviewed and approved by City staff prior to installation of fence. 9. The petitioner shall remove the 5 ft. of rock along the west edge of property and rep/ace with sod and irrigation prior to fence installation. 10. The petitioner shall obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. 11. Any new signs installed on the property will require a sign permit. 169 RESOLUTIQN NO. 2014 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 14-03 FOR A-ABCO RECYCLED AUTO PARTS ON BEHALF OF RYLUND PROPERTIES, THE PROPERTY OWNER FOR 1175 73 '/:AVENUE NE WHEREAS, Section 205.17.O1.C.8 of the Fridley City Code allows an automobile recycling center in an M-1 zoning district by a Special Use Permit if certain conditions can be met; and WHEREAS, on June 18,2014,the Fridley Planning Commission held a public hearing to consider a request by A-ABCO Recycled Auto Parts for the property located at 1175 73 '/2 Avenue NE in Fridley, legally described as Lot 2, Block 1, Central View Manor 3id Addition, subject to easement of record,for a Special Use Permit, SP#14-03 for an automobile recycling center use; and WHEREAS, at the June 18, 2014 meeting, the Planning Commission unanimously recommended approval of Special Use Permit, SP#14-03; and WHEREAS, on July 14, 2014, the Fridley City Council approved the stipulations represented in E�ibit A to this resolution as the conditions approved by the City Council on Special Use Permit SP# 14-03; and WHEREAS, the petitioner, A-ABCO Recycled Auto Parts, was presented with Exhibit A, the stipulations for SP# 14-03 at the July 14, 2014 City Council meeting; and WHEREAS, City Code Section 205.OS.S.G requires the City Council to revoke SP #14-03 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# 14-03 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 14� DAY OF NLY,2014. SCOTT LUND—MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 170 EXHIBIT A SP# 14-03 Special Use Permit for an Automobile Recycling Center A-ABCO Recycled Auto Parts—1175 73 I/Z Avenue NE,Fridley,MN 55432 Stipulations 1. The petitioner shall comply with all building and fire code requirements. 2. The petitioner shall apply for any necessary permits, including a fence permit, prior to construction or demolition taking place on site. 3. No towed vehicles shall be parked or stored in the front parking lot prior to installation of screening fence. 4. New gates installed on the subject property shall remain closed except for when entering and exiting to provide proper screening. 5. The petitioner shall comply with any requirements set forth by the Rice Creek Watershed district. 6. The petitioner shall comply with any requirements set forth by the City's engineering staff for the existing storm pond. 7. The petitioner shall file a modified storm pond maintenance agreement for the existing pond if required by the City's engineering staff. 8. The petitioner shall submit a landscape and irrigation plan for the boulevard area along 73 '/2 Avenue to be reviewed and approved by City staff prior to installation of fence. 9. The petitioner shall remove the 5 ft. of rock along the west edge of property and replace with sod and irrigation prior to fence installation. 10. The petitioner shall obtain any necessary approvals to operate an auto recycling center from the appropriate governmenta.l authorities. 11. Any new signs installed on the property will require a sign permit. 171 City of Fridley Land Use Application SP#14-03 June 18, 2014 GENERAL INFORMATION SPECIAL INFORMATION Applicant: A-ABCO Recycled Auto Parts SUMMARY OF REQUEST Chris Clos The petitioner, Chris Close on behalf of A-ABCO 7360 Central Ave NE Recycled Auto Parts, is seeking a special use permit Fridley MN 55432 to expand the auto recycling center use that Requested Action: currently exists at 1201-1231 73 %z Avenue and Special Use Permit to expand the auto recycling 7360 Central Avenue,to the property located at center use 1175 73 %z Avenue NE. Location: RECOMMENDATION 1175 73%Avenue NE City Staff recommends approval of this special use Existing Zoning: permit request, with stipulations. M-1, Light Industrial An auto recycling center is a permitted special use Size: in the M-1, Light Industrial zoning district. 60,112 sq. ft. 1.38 acres � � � `� : �� �� � � � " ° : , _y � �� � �� �e� �� � � Existing Land Use: P ����'4��} ` ` � ; ���, ���3 � �''� �� Industrial Warehouse Buildin � ���'�4-�' � �' �t.�:°`'. � `��F 3''1� �� "� �P � � g � �� � � .�v,��.� � _ +�..�,.x � �$e� `�"^^�.� f�'��. i V�(� 3� � ��f�'$����,��1' _ Surrounding Land Use&Zoning: ��; , �- ; � � � r� gf�-t 't 'a k� �. �J. v's'�+� F ,� �d ` �*e . f� >^ C . N: Friendly Chev parking lot& G3 °��� � � � � F:, � ����� _ ���� E: A-ABCO Auto Parts& M-1 � ` �� � � �� ' `'������� �� ��` ��"� �.� �, �� . �. S: Crysteel (Industrial) & M-1 �,�� �"�`` �� �� °��� � � ,n, �� -, � � � � � �� � � W: Mini-storage facility& M-1 ` �� ��� � �� � � i y � rv Comprehensive Plan Conformance: ; ;-�s , �,. ``��` �` �: "��� �°� �� �� �� �� �� Future Land Use Map designates it as ��_ '� � . � � �� � ��� S<'�� Redevelopment Aerial of Subject Property Zoning History: CITY COUNCIL ACTION/60 DAY ACTION DATE 1994—Lot is platted and rezoned from C-3 to M-1 City Council—July 14, 2014 1994—Office/Warehouse constructed 60 Day Date—July 15, 2014 1995—SUP granted to allow retail sales and a Staff Report Prepared by: Stacy Stromberg repair garage Legal Description of Property: Lot 2, Block 1, Central View Manor 3`d Addition, subject to easement of record Public Utilities: Building is connected Transportation: Property is accessed from 73 %z Avenue Physicat Characteristics: Building, hard surface areas, and landscaping 172 Land Use Application Special Use Permit #14-03 REQUEST The petitioner, Chris Clos on behalf of A-ABCO Recycled Auto Parts, is seeking a special use permit to expand the auto recycling center use that currently exists at 1201-1231 73%2 Avenue and 7360 Central Avenue,to the property located at � �" \ ��` � � �� �.. r � �:� �� � � � ��,��> � 1175 73%Avenue � "�-° �� a`�� ti � s��"` �, � ' � ;,' � �-'; o � \ NE. `F ` t � � :� a� � : u �j - '4. ,� . � �� � ��� � � � a � { . � �� ; E� �\L y�N� »�_. ._.z,�„�..:�:�— 'r-�., .� P d SITE DESCRIPTION ' �� xb �` " !�, � � �� � s � �a� �� ANDHISTORY �������"�` � ''� ��� �' � � 3� 4 � g;��1i �m The subject property �� �r9� �.�� ,m. �� �xi �� ,� • ��� �.� ° , o. a � is zoned M-1, Light :�� � � � � � ,��� � �� � �� � � �� n � �� 4 Industrial, as are the ' ��� � � �' �� �' �; �' � �� � . . x. . $� �- � ,x ���� ' � �..r 4'ws �nat.. � properties to the a� �� �� ��r� �����z � � . w � .. �' � , - � � .��. � � �- � �-�_-� �- � west, east and ° � >.,' �`� � 'z"�"` *� �� � ����� ` t''-�'� . �. �� �,� �� � � � .... � s b � . .�, , south. The property �� �'"`�� � "���� "" � � 1 ��� .. ��� � �, �� A�.. ' ., to the north is zoned .� a�� '��� ` ��:�� ` s F� ��• � �'' � .�. ,.� � C-3, General �.:�o�; ��'� ,..; �_� '�d �. ��� �� , �e � � � ������� �j = � , Shopping and is �� � ��,'�, � � � `. �: a�� _� ; � �,� °�,'�_�`� g � � �`. �� � � � m r��,� � used as a arkin lot �°�� ��,*�-�.:� � ���� � �� � p g � �� �.:� � `,,�..��:;f�� ,� � �-� ,� for Friendly � � ' ' 1 ,��. '. . . '��3}F,DpVE+�E. ._. ' �C �.'�3�� < �l�al�l � � `= al�.-....���3RV�m���k '"`° �x��..�:_.u�«... _i�Ya... : {� � Chevrolet. The °� °° property was replatted and rezoned from C-3, General Shopping to M-1, Light Industrial in 1994. That same year,the existing office/warehouse building was constructed. In 1995,two special use permits were approved to allow retail services and a repair garage. ANALYSIS According to the petitioner, A-ABCO Auto Parts originally occupied the property at 7360 Central Avenue as early as 1946. Overtime,three automobile recycling yards,A-ABCO, Central, and Sam's Auto Parts located in this area. In 2006, the City started requiring each of the auto recycling centers to bring their properties into compliance with code requirements. As a result, several improvements were made to the site, including but not limited to, soil testing, the installation of storm ponds and landscaping. Sam's Auto Parts is still in the process of achieving compliance with their special use permit. In 2010,Central Auto Parts sold their property at 120173%Avenue to A-ABCO Auto Parts. Therefore, A-ABCO now owns all the parcels along 73%Avenue from the subject property at 1175 73%Avenue to Central Avenue. At this time,the petitioner is requesting a special use permit to expand the auto recycling center use to the property at 1175 73%Avenue. A-ABCO is currently leasing a warehouse at 120173'd Avenue to store their inventory of parts and they would like to instead purchase the property at 1175 73%Z Avenue to use for their business. They would move their warehouse inventory to their existing retail building at 7360 Central Avenue, so all the retail business with customers can take place in this building. They will then move the production part of their business that is currently in the retail building to the building at 173 1175 73%2 Avenue. Moving the production part of their business to the building at 1175 73 %z Avenue will reduce machinery traffic and move the daily operations away from the customer's highly traveled areas to create a.safer environment. A-ABCO plans to use the front parking spaces on the subject property for employee's vehicles and to unload vehicles when they are towed in. The building itself will then be used to dismantle vehicles and the back of building will be used to get the vehicles in and out of the building. It is the petitioner's hope to operate the subject property this way; however the building may be used for warehousing instead of production if the inside of the building isn't suitable to production. If that is the case, the production and retail store will remain in the building on Central Avenue and the warehousing will take place in the building on the subject property. The petitioner is also seeking a variance at this time to increase the height of a screening fence from 8 ft. to 10 ft. Currently A-ABCO has a 10 ft.fence along 73%:Avenue which screens the business activity from the public right-of-way and provides the security the business needs. They would like to continue the 10 ft.screening fence across the front of the subject property along 73%z Avenue and then around the remainder of the property. The east side of the property will be open to allow access to and from A- ABBCO existing property to the subject property. CODE REQUIREMENTS City Code allows auto recycling centers with a special use permit, provided they meet requirements for drainage, pollution control, parking, screening, business licensing,facilities and scope. Overall the subject property as it currently exists today will not change from an outward appearance. All operations for the auto recycling center will take place within the existing building, either through production or warehousing and office. The front parking lot will be used for employee parking and the rear lot will be left open to maneuver vehicles in and out of the building if need be. The petitioner only expects that if N � they have any rv� � � � �,�'� � _ � �`'�� ��: ;� storage behind ����� � � '��� � "� ' � ���` �,� �' � ,��� ;�`. the building it �����. � �' � � � will be for metal ' ����z ��� � � ., ��+,�� recycling bins. � �, •� R� � ��+, s �, .�,. �� There is a storm �;�� � r� ���� f pond on site, � . ., � which will be � � _ �+ � � required to be _ �`„�=y _��_ __ - ����:.- ,�� ,�I';� ,��;' � � ° � � repaired and ` ' .�� ., ao . r ., ��6"° retrofitted to �°� ,x: r� current City �' standards. - '�-=-` �-.:��,. There are , _ - several large � ���� �� � � trees on the ���� ��-°�°��°� subject `, property that will likely be located on the outside of the new fence. City staff will require that the petitioner submit a landscape plan for the entire boulevard area on 73%z Avenue to create a consistent, aesthetically pleasing view of the boulevard area. The parking that exists on site is adequate and will help with the businesses current parking needs. 174 RECOMMENDATIONS City Staff recommends approval af this special use permit with stipulations and timeline. An automobile recycling center is permitted as a special use in the M-1 Light Industrial zoning district subject to stipulations. STIPULATIONS City Staff recommends that if the special use permit is granted,the following stipulations be attached. 1. The petitioner shall comply with all building and fire code requirements. 2. The petitioner shall apply for any necessary permits, including a fence permir,prior to construction or demolition taking place on site. 3. No towed vehicles shall be parked or stored in the front parking lot prior to installation of screening fence. 4. New gates installed on the subject property shall remain closed except for when entering and exiting to provide proper screening. 5. The petitioner shall comply with any requirements set forth by the Rice Creek Watershed district. 6. The petitioner shall comply with any requirements set forth by the City's engineering staff for the existing storm pond. 7. The petitioner shall file a modified storm pond maintenance agreement for the existing pond if required by the City's engineering staff. 8. The petitioner shall submit a landscape and irrigation plan for the bou/evard area along 73� Avenue to be reviewed and approved by City staff prior to installation of fence. ' 9. The petitioner shall remove the 5 ft. of rock along the west edge of property and replace wiih sod pnd irrigation prior to fence installation. 10. The petitioner shall obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. 11. Any new signs installed on the property will require a sign permit. 175 A-Abco Recyclec! Au�o Parts 7300 Old tentral Ave N.E.Fridiey,MN 55432 763-784889U p-763•231-99U9 f 5/13/14 Re:SUP Application,detailed narrative explaining the reason for SUP. A-Abco Rec�rcled Auto Parts{Abco)would like to purchase the property at 1175 73rd!Ave. Fridley, MN 55432 and expand its already approved special use permit(SUP�to inclade the purchased property. Faiiure to receive approval of SUP may affect the purchase of said property, Abco is currentiy leasing a warehouse on 120173`d AV2. Fridley,MN 55432 and would like to move that warefiouse inyentory to its current location at 7300 Old Central Ave. Fridiey, MN 55432. In order to do so,the current property at 7300 Ofd Central Ave would need to expand to accomri�odate the large quantity o#warehoUSe inventory.The second goal would be to rnove the company`s pcoduction line to the west end of the property. Abco's plans of purchasing the property at 1175 73`d Y2 Ave would assist in achieving both the above goals which would improve the business operations,create move employment and make the overall appearance of the business mare pleasant ta the city and its residents. Abco is applying fo�the expansion of its already approved SUP to include the property at 1175 73`a % Ave.Abco would like#o move the production department into the building on said address to reduce rnachinery traffic and move the daity operations away from the customer`s highly traveled areas to create a safer environment.Abco would also like to use the front parking spaces on said property to house its employee's vehides,custorner's vehicles and an unloading area for when vehicles are towed in.This vvill redute the foot traffic crassing 73rd Ave daily, reduce any parking an 73�d Ave that may occu� and keep all incoming towed vehicles out of site firom the public and behind a privacy fenced in area. By utilizing the new property in these ways Abco can then focus on creating the needed building space at 730�Old Central ta store the warehouse inventory from 120173`d Ave.This would make the operation much more efficient,convenient to the customers of Abco and turn the appearance of the east side of #he property at�3Q0 Old Central into a more retail oriented business while keeping the production side on the west side of tMe property ai 1175 73`� h Ave and away from the customens and residential area. Abco is loaking forward to working with the City of Fri�lley in achieving these goals irt a way that wortcs best for the Ci#y and Abco.Please cantact me if you have questions or cor�cerns. Thank you, Christopher Clos 763-231-6330 office 612-889-9981 CeII Chris.C4os@Hatmail.eom 176 : AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2014 CR7 OF FRIDLEY Date: luly 8, 2014 To: Walter T. Wysopal, City Manager From: Scott Hickok, Community Development Director lulie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution approving Variance Request, VAR#14-02, Rylund Properties owner of 1175 73 %2 Avenue NE for A-ABCO Recycled Auto Parts RE UEST The petitioner, Chris Clos on behalf of A-ABCO Recycled Auto Parts is seeking a variance to increase the height of a screening fence from 8 ft. to 10 ft. for the purpose of screening the storage of materials and equipment related to the auto recycling center in an industrial district,for the property at 1175 73 %z Avenue NE. �T Currently A-ABCO has a 10 ft. �� fence along 73%Avenue '' ' which screens the business `� � activity from the public right- �;�'. `�"���� � _.�. ��� � �� of-way and provides the `�`� ��k: security the business needs. � � � �.; ' �� ,.� .��.-�T They would like to continue G � .��� ; "'� �,.� �� the 10 ft. screening fence �' ; .;�� _�� across the front of the subject �� � ,� ,� '� t�°�`�` � �' ��� � ��`�� ° '- _,��; .��:: �, , �,._ � � ._,, � property along 73 %z Avenue �°� ' .--�. and then around the � `����-`� remainder of the property. • . . . - . .�.; �- The east side of the property ' ' � s ,.n'.._ �����.� ,u�w,.. ��� ���:..��6�.����������� will be open to allow access to and from A-ABBCO existing property to the subject property. SUMMARY OF PRACTICAL DIFFICULITIES BY THE PETITIONER "We are an automotive recycler and our storage racks and our equipment is taller than 8 feet. So we would like to ask for a variance so we can build a 10 ft.fence to screen our operation without affecting the community. This is an extension of a fence we received a variance for in 2010." -Chris Clos,A-ABCO Auto Parts 177 APPEALS COMMISSION RECOMMENDATION At the July 2, 2014,Appeals Commission meeting, a public hearing was held for VAR#14-02. After a brief discussion,the Appeals Commission recommended approval of the variance, with the stipulations presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION Since the property involved in this application is owned in part by Mayor Lund, he will be excusing himself from discussion and decisions on this application from A-ABCO. City Staff recommends concurrence with the Appeals Commission and approval of the attached resolution. STIPULATIONS 1. The petitioner shall apply for any necessary permits, including a fence permit, prior to construction or demolition taking place on site. 2. Fence type and material shall match that of the existing fence located on the adjoining parcels owned by A-ABCO. 3. All gates shall allow simplicity of closure so that when an item, person or vehicle has passed through the gate it can be easily closed. 4. Gates to remain closed, except when open for a specific item,person or vehicle to pass through. 5. Nothing can be stored above the fence or in a manner that can be seen from outside of the fence. 6. Any and all graffiti that may be placed on the fence shall be removed by the property owner within 2 business days of its placement. 178 RESOLUTION NO. 2014 - A RESOLUTION APPROVING VARIANCE VAR# 14-02 TO INCREASE THE FENCE HEIGHT REQUIREMENT FOR AN AUTO RECYCLING CENTER USE FROM 8 FEET TO 10 FEET; FOR THE PROPERTY LOCATED AT 1175 73 '/Z AVENUE NE, OWNED BY RYLUND PROPERTIES,PETITIONED BY A-ABCO RECYCLED AUTO PARTS WHEREAS, on May 30, 2014, an application for a Variance was submitted for the property located at 1173 73 '/2 Avenue NE and legally described as: Lot 2,Block 1, Central View Manor 3`d Addition, subject to easement of record. WHEREAS, Section 205.17.1.C.(8).((d)) of the Fridley City Code requires that an auto recycling center shall be enclosed by a fence, at least (8) eight feet in height in the M-1, Light Industrial Zoning District; and WHEREAS, Section 205.05.06 of the Fridley City Code allows a variance to be granted where practical difficulties or unique circumstances exist that cause undue hardship in the strict application of the City Code; and WHEREAS, variance application, VAR #14-02 submitted by A-ABCO Recycled Auto Parts, for the property at 1175 73 '/2 Avenue, requests to increase the fence height requirement from 8 feet to 10 feet;and WHEREAS, on July 2, 2014, the Fridley Appeals Commission held a�public hearing to consider variance request,VAR#13-01; and WHEREAS, a practical difficulty or uniqueness was found to exist based on the following findings: a. The request is in harmony with the general purpose and intent of the City Ordinance 1. The screening requirements for auto recycling centers in the M-1, Light Industrial zoning district state that all areas used for storage of vehicles, materials, supplies, or equipment shall be enclosed by a fence, at least eight feet in height and shall be constructed so that no portion of the storage area is visible from the public right-of-way. The intent of this ordinance is to screen this business operation from public view. b. The request is consistent with the Comprehensive Plan. c. The request is not out of character for the neighborhood and the increase in fence height is consistent with the same use on neighboring properties and will not cause any adverse impacts. d. Unique circumstances exist on the property,related to: 179 1. The grade difference between the mobile home park to the north and the subject property warrant the need for a taller fence. 2. Code states that the screening fence shall be at least 8 feet, leaving to interpretation by the City that in some cases this height requirement may need to be increased. WHEREAS, at the July 2, 2014 meeting, the Appeals Commission unanimously recommended approval of Variance,VAR#14-02 based on the above findings; and WHEREAS, on Ju1y 14, 2014, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conc�itions approved by the City Council on Variance VAR# 14- 02; and NOW,TI�REFORE, BE IT RESOLVED,by the City Council of the City of Fridley that Variance, VAR# 14-02 and stipulation represented in Exhibit A are hereby adopted and approved based on the above findings by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14� DAY OF JULY,2014. SCOTT LUND—MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 180 EXHIBIT A Variance, VAR# 14-02 1175 73 '/: Avenue NE, Fridley, MN 55432 Stipulations 1. The petitioner shall apply for any necessary permits, including a fence permit, prior to construction or demolition taking place on site. 2. Fence type and material shall match that of the existing fence located on the adjoining parcels owned by A-ABCO. 3. All gates shall allow simplicity of closure so that when an item,person or vehicle has passed through the gate it can be easily closed. 4. Gates to remain closed, except when open for a specific item,person or vehicle to pass through. 5. Nothing can be stored above the fence or in a manner that can be seen from outside of the fence. 6. Any and all graffiti that may be placed on the fence shall be removed by the property owner within 2 business days of its placement. 181 City of Fridley Land Use Appiication VAR#14-02 July 2, 2014 GENERAL INFORMATION SPECIAL INFORMATION Applicant: AABCO Recycled Auto Parts Chris Clos SUMMARY OF PROJECT 7360 Central Avenue NE The petitioner, Chris Clos, of A-ABCO Auto Parts, is Fridley MN 55432 seeking a variance to increase the fence height Requested Action: requirement from 8 feet to 10 feet for the purpose Variance to increase the fence height of screening the storage of materials and requirement equipment related to the auto recycling center in Location: an industrial district,to be expanded to the 1175 73%:Avenue NE property at 1175 73%Avenue NE. Existing Zoning: SUMMARY OF PRACTICAL DIFFICULTIES M-1 (Light Industrial) "We are an automotive recycler and our storage Size: racks and our equipment is taller than 8 feet. So we 60,112 sq.ft. 1.38 acres would like to ask for a variance so we can build a 10 Existing Land Use: ft.fence to screen our operation without affecting Industrial Warehouse Building the community. Surrounding Land Use &Zoning: -Chris Clos N: Friendly Chev parking lot&C-3 SUMMARY OF ANALYSIS E: A-ABCO Auto Parts & M-1 City Staff recommends approva!of this variance S: Crysteel (Industrial) & M-1 request � ��� � � �, � � , W: Mini-storage facility (Industrial) & M- � � ,d ,�� } � � � ���� � � e ��. � r���: � � � 1 __ � � � � ,� ,s � ������ � c #; Comprehensive Plan Conformance: "'� � �� � �� ��'��`�a�� � �� f� � Future Land Use Map designates it as x� � �� � �'' � ��� �� � �'� �°� � � � � � I, Redevelopment ��," ='�'� '� Zoning Ordinance Conformance: �� y =� ; � �. ya �; �. :� � �� � Sec. 205.17.1.C.(8)((d)) requires an 8 ft. , ; ,.�, �� d� ,m. � � ' fence to screen any outdoor storage related � ��� � ��� � ��� � ���� ' a� . �.�< � � � � t : :� to a junkyard �� �� ' ������ � d � � �� � Zoning History: �� � ` � � � � . �, � ��Pi 1994—Lot is platted and rezoned from C-3 Aerial of Property to M-1 CITY COUNCIL ACTION/60 DAY DATE 1994—Office/warehouse constructed City Council—July 14, 2014 . 1995—SUP granted to allow retail sales and 60 Day—July 29, 2014 a repair garage Staff Report Prepared by: Stacy Stromberg Legal Description of Property: Lot 2, Block 1, Central View Manor 3�a Addition, subject to easement of record Public Utilities: Building is connected Transportation: Property is accessed from 73 %Avenue Physical Characteristics: Building, hard surfaces areas, and landscaping, including a pond 182 Land Use Application Variance #14-02 THE REQUEST The petitioner, Chris Clos on behalf of A-ABCO Recycled Auto Parts, is seeking a special use permit to expand the auto recycling center use that currently exists at 1201-123173%:Avenue and 7360 Central Avenue,to the property located at 1175 73%2 Avenue NE. That request was approved by the Planning Commission at theirJune 18, 2014 meeting. The petitioner is seeking a variance from the Appeals Commission, to increase the fence height requirement from 8 feet to 10 feet for the purpose of screening the storage of materials and equipment related to the auto ��,� ,,� ���� �,�, _ � . i+��a3asA�`e0ft�''�'�x �i.�.�a� � ��` recycling center m < �'� ��. ��� y��� . ��� �� � ;��� � P; � � � � an industrial district, ��, � � °� q � � �� � � � � � to the property at � ����� � ��� ,�� fi�� �°�°`��� � ' " �� �. � � �� 1175 73%z Avenue �¢ -�, �� �� � ` -� �,.�-�.�-,,�� ti � �- w w� �. a 1.`� x a�ac� � 'r ai�� tr.;,". NE. �� � ����, ��,�. ��; ��� � �; s , � ; . . . � : � � SUMMARY OF �� �sE�� � ����� �� � � �; � y ry 1201 � 1�1 �PFv �3.3 T ; J360 � '� PRACTICAL '` �� ' ��? � � � � �; k �; ,�� �� r : DIFFICULTIES '� '� �" � '`� -' � �� �, �. � � : � � �� „We are an �.� � . ������_��, b.� : . 'S�i, Y k ; ���°a � O �w- �nYEN � �� ,;. '..y�, y . . ' z � _� '�,�%y .. automotive recycler ��.- �� �� � ����� � �� �"' �,��� and ourstora e ,�.``�'" ���.'�` `�� � �� � �� �� ...��'�"` ,�. �- racks and ourg ��� .���`��� '�� ��� _� t: �{.; ` � ��„? � W� �x� ' �.^�, � s��„'�� �" - i T equipment is taller � �� �r � �"� � l 5�'y �. 1� � 123� 1 k�b � �. .J � }{, }!�Y . than 8 feet. So we �� � �� � �� . would like to ask for � � ° �; ,: � � � � � ��` ` � � �.���4 ` �� = � � z � . a variance so we can �� � � < �� � `�� �'�� �� p � � ��� � , � � � ���� +� „'.�: - °' ����,�.�����;�°_ `� build a 10 ft.fence to screen our operation without affecting the community. This is an extension of a fence we received a variance for in 2010." -Chris Clos,A-ABCO Auto Parts SITE DESCRIPTION AND HISTORY The subject property is zoned M-1, Light Industrial, as are the properties to the west, east and south. The property to the north is zoned C-3, General Shopping and is used as a parking lot for Friendly Chevrolet. The property was replatted and rezoned from C-3, General Shopping to M-1, Light Industrial in 1994. That same year,the existing office/warehouse building was constructed. In 1995,two special use permits were approved to allow retail services and a repair garage. ANALYSIS According to the petitioner,A-ABCO Auto Parts originally occupied the property at 7360 Central Avenue as early as 1946. Overtime,three automobile recycling yards, A-ABCO, Central, and Sam's Auto Parts located in this area. In 20�3,tl�e City outli�ed what each of the auto recycling cenfiers would be rEqufred to do to bring their properties into compliance witfi both code requirernents and stipulations 183 of Special Use Perm+#s granted decades'prior. As a result, several improvements were made to the site, including but not limited to, soil testing,the installation of storm ponds and landscaping. In 2010, Central Auto Parts sold their property at 1201 73%2 Avenue to A-ABCO Auto Parts. Therefore, A-ABCO now owns all the parcels along 73 %2 Avenue from the subject property at 1175 73 %2 Avenue to Central Avenue. At this time;the petitioner is requesting a special use permit to expand the auto recycling center use to the property at 1175 73%z Avenue. A-ABCO is currently leasing a warehouse at 120173�d Avenue to store their inventory of parts and they would like to instead purchase the property at 1175 73 %z Avenue to use for their business. CODE REQUIREMENTS The petitioner is also seeking a variance at this time to increase the height of a screening fence from 8 ft.to 10 ft. Currently A-ABCO has a 10 ft.fence along 73%2 Avenue which screens the business activity from the public right-of-way and provides the security the business needs. They would like to continue the 10 ft.screening fence across the front of the subject property along 73 %2 Avenue and then around the remainder of the property. The east side of the property will be open to allow access to and from A-ABBCO existing property to the subject property. A condition of allowing a special use permit for an auto recycling use is screening. City Code states that all areas to be used for the storage of vehicles, supplies or equipment shall be enclosed by a fence, at least eight (8)feet in height. City code also requires that the fence be constructed so that no portion of the storage area is visible from any public right-of-way. The �: A ,.,�� . petitioner �i�� , would like '��� to '�. construct � � �'� �x� ,�, y;yy D 5�y "�c� ,.��'*�aL' << the same "�'`��_ � �" �,,���� type of ������ , . . . �� solid wood `-. fence they � ��� � ��� �� have on � �r"���,�`� � � . �� �Y t � '`�...�,�f�+ the � � � ; , ,. ,, , � � � .. ,, �� properties x.�� �,�_. . � �. G �� . , ��_� � �:. , �e .�_ �-.� �_ �,�� they own ,,,,�r� - _. ._ _ �.� to the east. � °>„�..,,:_. , ,. �� They will � be required � � yE� t k� "��r ���SS� '� t'rc �_ w-�ir r3 �v� �r � ,�ir .r� ,��', � to submit a � �� ,,f������ y ����a�z �;� ���.�,` ��s,�;:.,, ,���v�,f ,", ���� building � � �° � � -- � � � �� � permit application for the fence with structurally engineered plans. A-ABCO Auto Parts received a variance in 1978 to allow the fence height to be increased from 8 ft.to 10.5 ft.to properly screen the business operations from the public right-of-way and from the neighboring residential properties to the north. They were also granted a variance in 2010 to continue 184 the fence onto what was the Central Auto Parts property,and is now part of the A-ABCO operation, at 120173%:Avenue. A variance was issued in 2007 to Sam's Auto Parts to allow the installation of a 10 ft.fence to allow proper screening of that auto recycling business. It has been the City's policy to approve this type of variance for this type of use. PRACTICIAL DIFFICULTIES Variances may be granted if practical difficulties exist on the property. Practical difficulties are met based on the following findings of fact: Is the variance in harmony with the purpose and intent of the ordinance? • The screening requirements for auto recycling centers in the M-1, Light Industrial zoning district state that all areas used for storage of vehicles, materials, supplies, or equipment shall be enclosed by a fence,at least eight feet in height. The fence shall be constructed so that no portion of the storage area is visible from the public right-of-way, no storage shall exceed the height of the fence,the fence shall be solid or chain link with slats and shall be maintained. The intent of this ordinance is to screen this business operation from public view. The City's code says that the fence should be at least eight feet; however it doesn't give a maximum. There is a grade difference between the mobile home park to the north and the properties along 73% Avenue,which gave cause to granting the original variance in 1978. The racking that this type of business uses for storage is 10 ft. high,so construction of a 10 ft.fence will allow for proper screening. This variance is consistent with what the City has allowed for this type of use in the past and therefore meets the intent of the ordinance. Is the variance consistent with the Comprehensive Plan? • The Comprehensive Plan guides this property as redevelopment; and is consistent. Does the proposal put the property to use in a reasonable manner? • The use of the property for an auto recycling center is a reasonable use of the property. Increasing the fence height will allow the screening needed for this type of business. Are there unique circumstances to the property, not created by the landowner? • Unique circumstances do exist on this property. The grade difference between the mobile home park to the north and the subject property warrant the need for a taller fence. The mobile home park is situated just high enough that residents may be able to see over the 8 ft. fence and into the storage yard. As a result,the 10 ft.fence will allow for proper screening. City Code states that the screening fence shall be at least 8 feet, leaving to interpretation by the City that in some cases this height requirement may need to be increased. Will the variance, if granted,alter the essential character of the locality? • The essential character(auto recycling center)of the area will not be altered. This variance is consistent with what the City has approved in the past of this type of use. STAFF RECOMMEDATION City Staff recommends approva/of this variance request. • Practical difficulties exist—Grade difference between the residential properties to the north and the industrial properties along 73 %:Avenue. City code states that the screening fence for an auto recycling center use shall be at least 8 feet in height,without providing a maximum. STIPULATIONS Staff recommends if the variance is approved,the following stipulations be attached. 185 1. The petitioner shai!apply for any necessary permits, including a fence permit,prior to construction or demolition taking place on site. 2. Fence type and material shall match that of the existing fence located on the adjoining parcels owned by A-ABCO. 3. All gates shall allow simplicity of closure so that when an item, person or vehicle has passed through the gate it can be easily closed. 4. Gates to remain closed, except when open for a specific item, person or vehicle to pass through. 5. Nothing can be stored above the fence or in a manner that can be seen from outside of the fence. 6. Any and all graffiti that may be placed on the fence shall be removed by the property owner within 2 business days of its placement. i i 186 A-Abco Recycled Auto Rarts 7300 Old Centra(Ave'N.E.Fridley,MN 55432 763-784-889.0 p-763-231-9909 f 5/33/14 Re:Variance Appiication,detailed nacrative explaining the reason for variance. A-Abco RecycledAuto Parts(Abco)wouid I(ke to purchase the property at 3175 73rd Y:Ave.Fr'�dtey,MN 55432.In doing so Abco would like to continue its already approved fence on Its current property at 7300 Old Centrai Ave.Fridley,MN 55432 to surround the property at i175 73"'f.Ave.Fridiey,MN 55432.Abco has applied for an expansion of its already approved SUP#o inciude this new property. Failure to get approval of the SUF inay affectthe purchase of the 1175 73rd h Aue.and this var(ance application's needs.Piease see SUP application. The variance Abco is applying for fs to approve the height of the fenee to ten feet andJor same as the zurrent tence at 7300 Old Central.Abc�would like the new property to looks the same as the current property and together for them to laak as one.By constructing the fence in this manner Abco will be able to keep alt business acEivities befiind the privacy fence which wouid create a mu.ch more pleasant �, appea�ance for the city and its resid�nts.Abco does understa�ad the fience would have to meet engineered plans and city code. Abto is kooking forward to working wiih the City ofi Fridley in achieving this goal in a way thai works best for the City and Abco.Please contaM me if you have questions ar concerns. Thank you, Christopher Clos 753-231-6330 affice 612-889-9981 Cell Chris.ClosC�Hotmail.com 1g7 s ���� � �� ������ � For.• Rylon d Prop erties fo �na iq a N 89'Sh'S7" W ���Op� r9 ' 118Q.57(m lat) , -----------X— �s���. _ .X._.. _ � _X--��C� tc Choin Link Fence �'''cy�A �� l i�� Detail SI #'6 � ',3 G ( � �. I Q . � I � � i � I � I � c.� m C I � � No Scale . o I � ' 3 2 �; � fo� � � � �a IP �,12�2 O 0 �\�Und IP ��a832 � I � I r+ U.?5 `� 3 N 89'53'02" �N r- `D I ' �• � � � w I 34.4 �.'a� I � /,,,,,,,, // . I � � ZW � _� Q�'' � / Qne Story cn °00 � I -�; Concrete Building ;-' � ;� o; ;o °3 -v �� � �Q �. I � ... ` � .� ; 130% �'��� si 34.2 U � I I� � � I I! c 1 I II � � i I j �, � \'f c i �� I -I ' � ; ;� 90°47' jmeos j �I L� � � ..._. — — ^ — — I 1� O p ___�------' �6.a�< 1$0.00„ 1s.�; ----- - -- � N Ei9 51'30 UJ _ ,��� ; '` ', _ � � _. � , ` � � �V � � ��.,� conc. C&G /► V` _ 1� � � 1 � ,,� 3�.� a—� ���,�1 . . . � :: � 188 ` AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2014 CRY OF FRIDLEY INFORMAL STATUS REPORTS 189