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04/12/1971 - 5825JUEL MERCER - COIINCIL SECY. COUNCIL MEETING AGENDA 7:30 P.M. ' ' CTTY COUNCIL AGENDA - PUBLIC i�ARING MEETING - APRIL 12, 197� - 7:30 P.M. ' ' PLEDGE OF ALLEG�iANCE: ' ' ' ' City Engineer ' ' � 1 ' City Eagineer ' ' ' City M�ana8e= ' ' ' ROLL CALL• ADOPTION OF AGENDAi PUBLIC HEARINGS; 1. Consideration of a Rezoning Request (ZOA ��71-02) by Colonial Services Co. to rezone from M-2 to C-2 that area generally located in the southwest corner of Highway �65 and 73rd Avenue 2. Considerstion of a Rezoning Request (ZQA �70-17) by Richlaad, Inc., R. C. Ernst to rezone from R-1 to R-2 that area generally located between Missisaippi St., Rice Creek Road, Arthur St. and Stinson Blvd. OLD BUSINESS• 3�: Awarding of Bide - Liquor Stores (Bids Opened February 26, 1971, tabled April 5, 1971) Pages 1 - 5 Pages 6 - 13 Pages 14 & 15 , ICOUNCIL AGENDA, APRIL 21, 1971 PAGE 2 , OLD BUSINESS (Continued) ' Finance 4. Report on License for Frank's Used Car Lot Building Insp. (Tabled April 5, 1971) ' ' ' NEW BUSINESS• ' City Mgr. 5. Appointment of Architect for Proposed Addition to ' Fridley Municipal Garage ' ' ' City Council 6. Consideration of Change in City Code Regarding , Placing of Garbage Containers for Existing Apartment Houses ' ' ' City Mgr. ,7. Re�►iew.of Five Year Sidewalk Program and Evaluation of ' Engineer Policies for Asaeasment ' ADJOURN• ' � Pages 16 - 24 � Pages 25 - 28 � OFgICIAL NOTICE CITY OF FRIpLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WH�M IT MAY CONCERN: Notice ia hereby given that the City Counci� of the City of Fridley wi].1 meet in the Council Chamber of the City Ha11 at 7:30 P.M. on Monday, April 12, 1971 to consider the €ollowing matter: Consideration of a rezoning request, ZOA 1�71-02, by Colonial Services Company to rezone tk�aC part of Block 1, k'ridley Industrial Park Plat 1 1,y�ng Northeast of Highway 4t65 West Service Drive as now laid out and traveled from M-2 (Heavy ��dus- trial} to C-2 (General $usiness) lying in �he South Half Qf Seetion 12. Generally located in the Southwest corner of Highway ��65 and 73rd Avenue. Anyone desi�ing to be heard with r�ference to the above matter may be heard at this meeting. JACK 0. KIRKHAM MAYOR Publish; March 24, 1971 ' March 31, 1971. _ — —__� , . • � � �� .. � %�=��► , �„�� r I/2'/, � � � . /E'�./J�?� � � �.M.:�'CC:! G":� 5:=..._.. ('�'r '�.,�^ �:..�..�; :i�s�.: �� ::�':: �. �;:� Nr�� : �� :._ � :•:::�:i; � � x'sr.e'e:? ::N:: , �:� '3i:: � ` � e:��'•8�'•,�'°.�',:;e:e::e: ' � �� OOK7i« ��...�1 �- :.�:: � �:�:'_. 'i ,. � . � y? :e9i �_` :e::: � .n, -, e ;Ns �;gr � � �i:°��.. : :6:i? � • ' . '� � �� .�� s� � , � �: � ,::: :. :: . :. o =, . ��.�.�� ;:a.. i��, � � �= ,��T,� � �� !�� : /�I�� d . _ ' ' 00. �. i _' E � � 1 ' ' �� Q �;/• '�%' �� .�� 4 'v� 2 �� 1�,»'' -.._ . � .,�_, f,'f �� . � ` ' -� ' J ` J - 3 :-�'., .j � `',�.•• .Q . .. �� -I ' �• , �� .' • � ', f' , `. ^ � • • � .� � � .� �'�/ , `..� �. � , j ` � '�,..� r •, N, ' �'� �.� ..� ,'.....,` ; ~ .�`' ,, •1' .� � .i , J ��..s � �. � 4 . ,✓ 't:� jl � ti� f `^ - : ,� . �_'� •�r . .� '�`�' �,,i , �" .. ,� �. 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Service roads must be pxpvided and �.00pback� could be used for a narking lat. He thought they were ess�ntial as rar as traffic was concerned, but a slip-off is a rc�a1 hazard. Traffic can go on�.y p�e direction and this type of bus�ness would gen,erate traf- fic. The people coming into this area from ths Narth wou�d have to go back to the Sauth to get back out. Somewhere in the Southern paxt there woul,d be a txaffic tie u�. He thougbtthe Planning Commission shauld not pextnit excess sc�ess at crossov�rs to the highway which were desig�ed to be li�ited access- A service drive from th� South would not do that and would not give a problem, MOTTON by Sciupedeke that the Planninq Comm_issioz� recommend deniaZ of the re2oninq reque�t, 20A #7I-01, by wyman Smith for Vikir�g Chevxolet, Inc. for the fallvwing xeasons: Downgrade of City zon�nq, stoxm sewer and drainage groblem, City should bQ prep�red tp serve prpperty before obligating itsel�, spot zpning, tax base, added po,I�c� protectiori, Zocativn tov c.iose to one pf �the City parks; with another referendum, the park atea in the nozthern part ot the C-�ty would be extended. The MOTION faiZed for lack of a second. MOTION by Minish, secpnded by Zeglen, that the P1ann�nq Comrnission rec�.mmend to Cvurlc�j apprQVa1 of the rezoning request, ZOA #i1-01, by Wyman Smith for Vika.ng Ghevrolet� Tnc. wi�h the t'ollowing cond.itions: 1) Aedicate service dt1 ve w�th �oopbaek� fxam the driving range North to Noxtherly edge of Farcel 3D00. Z) Dedi:cate 83rd Avenue fxom Hiqhway #47 to Main Stxe�t. 3) Dedicate tFie Fi�esterly 3.3 fee� o�' Parcel 30QQ and 3600. 41 Recommend Caur�cil negotiate ot condemn for the extension of the service dr�ve from P�rcel 3200 and not �e.rm.�t � SIiD--of�. Upon a voi.ce vote, Min.ish, Zeglen, Erickson and Fitzpatrick vot.�nq aye, Scf�emed�.ke voti.ng na�, the motion carried. Mr. rL�nisFi tfiought tfiis was a significant type ror the development of this p�opertp and is an appropriate use of this property, It i�s an area the Plannin� Commi�ssion sfinuld watcFi carefully as far as future zoning is cor.cerned. Mr, ��tzp�trick' Gfiairman of tFie Parks & Recreation Commission, added that th� CQtnmfssion always accepts gifts o� park property, especially property too expe.nsive to buyT ' �___. 2. PtJ$LIC HE�IRTNG: REZONING REQUEST: ZOA 4�71-02, COLONIAL SERVICES CO.: To rszone tfiat part of �l.ock 1, Fridley Industxial Park Plat 1 lying N.�, Q� Hwy. If65 WeS� Service Drive as now .�aid put and txaveled f4om M-�2 (heavy ' i.x�dustrial) to C�-2 (general business) . I,ocated at the SW eorner of H�,r�. �6S and 73rd Avenue. I , �' ' � 3. PUBLZC Hk:ARING: RF.QUEST FOR SPLCIAL USE PF.Ri`iTT, SP ��71-�02,_BY CCLO',IF�.� S�RVICES CO.: Ta locate a service station as pex SQction 1+5.101, 3E, �ridley C�ty Code 1n a C-2 llistrict on that part of B14Ck 1, Fridley Indus-- txial Pax'k Plat 1 7.y�n� N.E. of iiwy. ��65 Wes� Service Arzve as now laid out and t�ave�,�� i Plannin Commission Meetin - Februar 17 1971 �a�rinan �ricksan said that Ttems �12 and 4t3 wauld be considexed together. H�# then, read the Public Hearing Notices. Mr. Minish disqualified himself and did not pax�icipate in the proceedings. Tt1e followi.n$ m�n were pxesent to discuss the peti.tion: Lance Norderhus, Jerxy MCLaugh�in and Mi,ckey Huddleton. Mr, NorderY�us opened the comments by saying the Colonial Services, Inc. have been owners of the property fer four yeaxs, and now weze requesting to �texone from M-2 to C-2. The area of the property is 35,Op0 square feet. M-2 requires 1� acres fo�' a building site. The ownexa had na idea hW�Slco�ercial dsveloped light industxial. The best use they felt, �s °��X'�'Th�s was the fox C-2 zoning and thei.x only PtWOiold,Wrezonin�and spac�al•use permit. Cham- reason for theix xequest being � e plain F�troleum Company would have a combinativn service �tation and groceries. The desiSincludc�� raeeriesdand otherntypes ofyi,tems which�havedtoebeukept�inside, but does g parxel Clark e�►la�ned that the blacktop area extended to the property �.�.ne. The City Code requiXea 20 feet of greening between the blacktop and pYOperty 1in�. �ao dr�.veways axe closer to the intersection than 75 feet as provided by zoning Qrdinance. One or both should be elimina�ed. aGekfog S�cars the atat3.on wou�.d be more than adequate with the possibil.ity of sp in vne axea and 6 in anothsr area and a few cars in the storage location. Chairman Erickson wished the petitioner to understand that, regardless of sti11 hav�eetoagQ�beforehtheBBuildi.ngCStandards-Aesign�C ntrol SubCOmmittee.�uld Mr. Norderhus said the vacated service drive becomes green area and land- scaped,from the 75 foot right of way to the beginning of the curb. Chairman Ex'ickson stated that the Planning Commisaion should concern itself with the rezoni�g and use rather than the plot plan and approval �f the request did not mean �p�roval of the plan. Daxrel Clark added tha.t the only other body this xequest would go to is �t�he Bui.lding Standards-Design Control Subcomanittee and Council. Th� streets as shown on the Preliminary Revised, January 25, 1971, Plot Plan, a�tually exist. Originally the property was 200 feet square and the dimensions along 73rd Avenue did not chan�e. When the service drive was vacated, it was dedicated back to the owner. In order to get this loop back, two propetty vwners were it�vo�.ved, Ta��e� Waxehouse and Taco Towne ?nternational, Inc. and the Ci*y. �� i�y �ot som� 7.and from Target, Target deeded land �o Taco Towne on the South point oP the plot. The right of way was taken from part of Taco Towne and giv�n to the �ity and a small triangle on the West portion was deeded to Taco and Target. Target o�:Tns the property tJest of the service drive al�, th� way to the road that �oes to Lec'.ce Pa�k and Taeo T_o��ne the property to the loop back. �. Plannin Commissi.an Meeti:� - Februar 17 1971 Pa e b MOT��N by F,i�apatr�ck, seconded by 5chmedeke, that the Pl�nning Commission C.lpse the publ.tc h�a�'zngs o� th�� R�zoning Reque$t, ZQA �7.1-02, by Colonial ,�Q.��ces Go. �o rezone from M--2 to C-2 and the 5pecial ps� Permit, SP #71-02, by Co.�onial Serviaes Co,�to �ocate a service stat�on in a G-� Aistrict on the Southwest cor"er of Hwy. #65 �nd 73rd Aveni:e. Upca� 8 voi�e vote, a11 voting aye, the mo��can carz�ied unan�mously. MOTION by Fitzpatz'�ck, seconded by Zeglen, tha� the Planninq Commission ,reCammen�i to Counci.l a�proval of the rezoning request, ZOA 1171-02, by Colonial Services Co. to z'ezone fxom M-2 (heavy industrial) to C-2 l9enera� bvsiness) and the Speeial Use Pez'mit. SP #71-OZ� by Colonial Setvices Co. to �ocate a service station as per S�c�ion 45.101, 3E, Fridley Gity Code in a C-2 District on that paxt of Block 1, FXidley Tndustrial Paxk Plat 1 lying Northeast of Niqhway #65 Wes� Sezvice Drive as now laid out and trave�ed wi.th the stipula- tion that th� second reading of the ordinance be he�d up until the plans are appx'oved and the serviee bays not be allowed unt�1 that time. Upon a voice vote, a11 votfng aye, the motian cazried unanimous.ty. ' Mr. Schmedeke fe],t that this was another case of down grading and also another filling sta�ion in a loop back. However, with the park being tha� elose and picknickers usually finding tt�emselves shart of wienera and marsh- , mallows, this was a point �n f avor of the request. He asked Mr. McLaughlin i f they could plan to us� some black spruce as part af the �andscaping• I' -- I ' ❑ I' I� I ' I' �, I' ' The com�nent was made tha� as J.ong as the driveway was not close to the buildin$, it was r�ot necessary to go to the Board of AppEg�.g• 4. RECETVE PETITION N0. 10-1971t Request for acquisition of land located between Mississippi Street and Rice Creek Road and Stinaon Boulevard and Ax'thur St�eet (R�chland, Inc., ZOA �170-07) for Park purposes• Viee Chai�man Fitzpatrick assumed the Chair as Chairman Erickson had a �onflic� of interest. The heading of the petition was read by Acting Chairman F�tzpatrick. � MOTION by Schmedeke, seconded by Minish, that the Planning Commission areceive Fetition #.�0-1971 request�nq acquisi�ion by the C.ity of �ar�d for Park purposes locat�d between Mississippi Street, Rice Creek ,Road, S�inson Boulevard a�nd Arthux Street. Upon s voice vate, a11 vo�ing aye, t�he motion carried unanimvusly. pctin� Chairman Fitzpatrick said this proposal is an ecological type of i�nYesttnent fox �he City and nc�t for recreation. The petiti.on is for the entir� parcel, descri.b�d in �he reaoni.ng xequest ot R.ichland, Inc. , ZOA �70-07. Mr• Schmedeke asked i.f the City should plan to acquire this ProperXy, would they condemn. He £elt condemnation usually didn't pay what the property is warth. OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONC�RN: Notice is hezeby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on April 12, 1971 in the Counci.l Chamber at 7:30 P.M. for the puzpose of: Consideration of a rezoning request, ZOA 4�70-07, by Richland, Incorporated, R. C. Ernst to rezone from R-1 (single family dwellings) to R-2 (limited multiple family dwellings) the South 395 �eet ot Lot 1, Lots 2 and 3, Lot �+, except that part of the West 132 feet lying South of the North 328.9 feet, Lots 5 and 6, except the South 230 feet thereof, Auditoz's Subdivision No. 22, all lying in the South Half of Section 13, T-30, R-24, City of Fx�idley, County of Anoka, Minnesota. Generally located between Mississippi Street, Rice Creek Road, Arthur Street and Stinsor� Boulevard, Anyone de�iring to be heard with re�erence to the above matter may be heaxd at this time. JACK 0. KIRKHAM MAYOR Publish: March 24, 1971 March 31, 1971 . f .,-- ,, .�. , z i � -3-:�"z � , zoA ��o-o� � j�' 3 -�� ..�a ,..� ; � , �, . RICHLAND INC. , _-- o -,,� .� �2 ,� � x. tt.. �. Ernst: So. 395' of L. 1, Lots ! '_ I : ,`Q ' I � �'l��OiU : j 2_� ;; � 2& 3, L. 4 ex. that par t o f 4 I. 1 3 2' � �.I �' W'• �A i 1yin� S. of N. 328.9t, I,ots 5& 6, ex. ' _ �-' '-v��'� '�--- j f < p�� eaC� V�� , � �, the S . 230' thereof , A. S . �k22 1 � � V ` __ -��•----�� Rezone fro�m R-1 to R.-2 (limited multip le� _ �� ,` �5 � ei `r �' 2 � N 4� � :�r P� � , , �e r.1 a� � family dwellings) � AVE. � 14 � ,, � ' : �., � �, .N. E. � , � � „ !^ s. '>; }� <a � , � .... � 'i �,M`"� 0 � � w - _ � W % - _ _ � __ "s � , x ��o �K ,c E,� Cj'�O �I z Zs z Z �� ^__ ��u ,� , =�`c .�r�� - =�; �� ' �� ze 3 �/ey. �3 N j z � 2'� ^ a/� ^. w � JJ� A�' � Jv l� 87 �Y5 ; (/� ' � 2? Q N , 1�� 4 5t w��:ut. t:.t �,; �'•yet1`L ii' ; ^ II I i 26 5 �zc 5 5 ��;k � 0 3� g?(l� � ,,�� t � � 2s 6 ?s 6 W dT -`��:` Z i�.�t 'r v -� : s a�f,, l I I � e4 7 a 24 i J 7 4�-. e� I ; i � z3 B o-Z3 9 0 ___' � I:.r�: ,-��'im , . ,..„..�— „c (� . z Z - y _' z 1� 9 W — " �i 1 � � ; (,41 s :� _ i( fC ' J /.� v �'.I � �/ltnJ lt �t /o a 2� ia �P '�� " ,L:� '� � • F- � V � ! -- —. r y � I � i � � 20 .�_ Zo // �� bat+r � '�� • +. \l�j ,. ~� � iN�� i�V. Na�aoo� �v ___� �2 _�9 /L __ �Z t ' 4iu - � � �il� .�� l .,.�e � I 5 �� ,,..� � , a� 1B /3 �� i 3 B 5 .. � i_ ._.. M "2 7 I ' \ � w / � ��I �v I �i�io) � /7 ,'4 i7 'S+ /4 � ; 7 � '.� , o � � ! - /fs� .-_ = ��. , , M s� �.>, �, u � o ;'-:. a j V is� /6�, �s. i co Z �4, _, � .� .�., �. , ..., . -- --•-----• .._ - - .. _ . _ — I �L i I � p ' /% I / ,'� . I �o) � � __�;� 14 ; �xisd *I ./w"i.r.�s�'(' .ir�e s�J�i ' — —� . :% ., 3' ��_.1 Q� � :� 2N0 AVE. i ,,,, � .+•�^ �: �� fy %__ ■ J �� Planning Cosuni�sion Meetin - March 3 1971 ' Pa�e 3 Mr. Min�sh wondered if it would be possible Co send notices to contractors who have dong businesa in the City in the past year. He added that the Commis- sion would be interested in the thoughts and comments of the people in the trade. The Commissi,on decided to have notices of the March 17th meeting sent to City general contractors, carpenter union and masonry union. MOTION hy Minisr, Seconded by Zeqlen, that the Planning Commission table tv .Marci� 17, 1971 the itern Adoption of the 1970 Unif�rm Building Code and notify the Sun News�aper of the public hearing, in addition to sending notice� to general cp:i`ractors, the carpenters' union and the masonry union and any other Body that miqht be intezested. Upon a voice vote, a11 voting aye, the motion carried unan�mously• Chairman Erickson turned the Chair over to Mr. Fitzpatrick. 7, COVTINUED REZONING RE UEST ZOA 4�70-07 RICHLAND INC. BY R.C. ERNST: South 395 f�et of I�ots l, 2 and 3, Lot 4, except that part of West 132 feet lying South of North 328.9 feet, Lots 5 and 6, except South 23 feet, Auditor's Subdivision 4�22. Mr. R. C. Ernst was present and stated there had been a meeting with tYie neighbors last week. '�hey met i.n the basement of Mr. �nd Mrs. David Wieland's home, whq. most generously, served doughnuts and coffee during the meeting. They had a most interesting discussion which led to what he beli�ved would be a solution to the problem. He distributed a sheet summarizing the results of the meeting and explained the four items listed belaw: 1. 2. No�more than every other lot fronting on Arthur Street and Mississip�i Street are to be used for two family dwellings. The overflow creek shall be located in the dedicated right of way South of 64th Avenue in line with Arthur Street and in a Westerly direction approximately bisecting the lots ft�onting on Rice Creek Road. 3. The overflow creek shall be constructed with maximum side slopes of 4 to 1. 4, The AppliGant agrees to construct the retentio� pond and creek to the p�oject boundary at no cost to the drainage area. The City shall acquire easements and construct the creek between the develop- ment and Central Avenue. He eontinued, that there was concern for [he neighbors on 64th Avenue, Arthur Street and Missisaippi Street abutting two family dwellings• Because of this, the decision was made that only every other lot on Arthur and Missis- sippi Stxeets wquld be two family dwellings; that there would be no two family dwellings adjacent to each other. There was also concern for the location oP the overflow creek which would drain the retention pond. The people on 44th were concerned about the creek coming through the back of their lots because. some day, 63rd Avenue may go through the center of their lots. The topog map showed that presently there is a 33 foot right of way dedicated fxom 64th �,venue South to Rice Creek Road where the overflow from the pond �ould flaw South �o rear line of the lots facing Rice Creek Road. This whole area could baaq�}�p t1t�t �I�� .Qt line of a t�,g�C c�� lo�s �"xonting Rice Creek Road. This seemed X� be a real good sol�tion �or the area. There is still , ' Pl.annin� ��»��i��on Me.ati.ng - Marcii 3 1971 --_ Y---�= 4_ �i ' the matrer of how to cross the last two lots adjacent to Centrai Avenue. There was also yuite a lqt of concern about the type of construetion for the overflow creek. It should be something that would not become a hazard to the children in the neighborhood. It was felt a maximum slope of 4 to 1 would � be adequate pratection. The mainte�iance of the creek would consist of cleaning it out. , Th� cost of the ret�ntion pond was brought up. The petitioners would pay f�r the �onstruction of the pond and overflow and total internal c<�sts <;t I the development, b�t beyond that, the Ci.ty would be asked to build. Mr. Ernst was asked if the pond would remain the same size the map, and he answered that the pond shown on the map consists different ponds. They intend to consolidate the four ponds into believed ther� would be about 4 ar.res of water, about 2 acres of park and the rest of the property platted lots. as shown on of about four one. He land in the Mr. David Wieland commented, going over the summary of the meeting held in his home presented this evening by Mr. Errist, they did have a meeting and did discuss Items 1, 2 and 3, but no agreement was made by a vote. The 4th item was not discussed. Mr. Ernst put that in on his own. Referring to Item 1, Mr. Wieland added, in reference to the comment about only every other lot along Arthur Street and Mississippi Street being two family dwellings, this would certainly be more acceptable; however, they still would like to see the land left R-1. The location of the overflow creek was discussed and it would be more acceptable to the people on 64th if it were shifted to the South so that he and the other people along 64th Avenue could, if 63rd Avenue were put in, split their parcels in half. Zn fact, he stated he already had started on house olans for his new fiome. He wondered if owners along Rice Creek Road had been consulted about this new location. Item 4 on the sheet was not discussed. Darrel Clark answered that thase people within 300 feet of the rezoning request were notified of the zoning hearing. Mr. Ernst added that, referring to the creek, about half the property fronting Rice Creek Road is tax delinquent property owned by the State. This would be a good time to acquire easements. Darrel Clark said that generally speaking, the storm sewer is a problem ' whether this land is developed single or two family dwellings. sewer Mr. Wieland said if a storm^was going to be put in in a temporary fashion, there should be a time table so that the ditch would not be there indefinite�y. , Ev e n i f i t w e r e a s h a l l o w s l o pe, the peo ple wpuld not want i� forever. I , I' , Mr. Robert Erickson felt a temporary measure was not the answer. By waiting to put in a pe�anent storm sewer, the cost would be more than it would be now. The temporary situation was not desirable. He regretted Che Chairmar► was not at the table, but felt the Commiasion should be able to act, and if the membera present felt they could not make a decision, they should ��ect the wh�1g Gh�.nB• A�Cting Ctiaira►an Fitzpatrick explained that there is a drainage p�oblem , 1 l�j Plannin Commissian Meetir. - M.1rch 3 1971 Pa e ? of the land which is not too much aff.ected by which way this property would , be developed. The problem is already here. The matter before the Commission is to hear a rezoning request on the whole parcel. ' The Engineering Assistant said the City has had two public hearin�s on a storm sewez for this a�ea already. Both times the people did not want it and Council did not order it in. Mr. Eyler felt the pXoblem should be taken care of �n the right way, or Chere could be a real problem in [he future. � , Mr. Robert �rickson still objected to the peopl+� heXe this evening have seen Mr. Erickson know what is going pn behind these doors. abssnt Chairman saying the step down. The people do not Mr• Zeglen sxplained that, because the Chairman had a personal interest i.n the request, he stepped down. This was not an unusu�l procedure in any Commission or Council, TheXe are five membeXS appoi�ted to the �lanning Com- tnission and there �re no alternate members appointed. Three is a quorum and there are four members here now. Mx. Oliver Erickson addressed the audience. He said that he did not know W�Q �h� gentleman (Mr. Robert Erickson) was or his interest in this particular area. He would take objection to the insinuation that the Commission could no� effectively act without the regular chairman. The Coa►missior� would Func�ion just as strong and independently as if they were five members. Mr. Robert Erickson suggested something going on behind the scene -- this is untrue. The Comanission felt that this was a prob�em area and he had a personal interest in the axea. The petitioners thought their plans were a reasonable solution to the area. There is no indecision by the P7,anning Commission - the delay was requested by the petitioners. Mr. Robert Erickson said that he didn't say the Coc�ission was running short, but was minu+� a member. He still thought this Commission would be better off appointing an impartial source acting Lo work with the Engineering Department aad the Planning Commission to come up with a satisfactory proposal. A citizen who lived near the corner of Fridley and Mississippi Streets asked where the drainage pond would be from I�ississippi and how would the water get from Fridley Street to the pond, His land was about 6 inches above the water table. Darrel Clark answered that it would go through a conduit. He then asked about the cleaning of the ditch and who would pay for that? Darrel Clark said it would probably have to be done every three or four years at City expense. Mr• Wieland asked if the 4 to 1 slope would be all the way down to Central Avanue fram Arthur Street? Darrel Clark answered a 4 to 1 slope is fairly steep but not steep enough for one to fall down. Mr. Wieland asked hpw long would a tetnpora�hedieo ieelivi geinttheearea? sinee none of theae costs would be absorbed by P P Actit�� t,�, $#�� P��Ck stat�d th�tt ��e �'��F��-n$ Gf��ssion is only a recommerding body' to ��he Council and he could t�ot say at "�t�is time if any mention of the drainage would be in the motion. 11 Planning Conunission MeetinR °"iarch 3, 1971 i�a e 6 Mr. Wieland then a�ked fc�r the exact location of the storm drain. The Engineerin� Assistant explained th�t, at the rezoning level, recom- mendations can be made but stipulations are put on by khe Council. Before the di.tch is actual�y con5tructEd, tFiere would pxobably be an improvement hearing and at that time, there is an actual preliminaXy study and decision made on cost and location of the impruvements. Mr. Schmedeke said ht would havt� to disagree with Mr. Robert Erickson on the Acting Chairman Fitzpatrick nc,� bein� Gualified or a good one. If he weren't �{ualified, he would not b� appointed by Coun'cil. If he weren't a good Yelluw, he wouldn'L have reopened the hearin$ to give the people another chance tu express their feelings. Nothing is being accomplished by arguing or hassling. In the pas[ there were not enough people in favor of the storm sewer plan by the City and now there are not enough people in favor of it so the petitioner asked fo� an opet: ditch. Mr. Robert Erickson accused the Plan- ning CommiSsion of dragging their feet and wasting time. Mr. Schmedeke asked him if he knew where the 0'Bannun property was. He said the Commission worked a year witi� tlte people in this area to get a good plan. They did not hustle them or ,ja�r, s��mething dqwn their throats, so this request could take lon�er than just t.ani�ht. He expected, because Mr. Ernst had met with the people, a complete plat would be pxesented. He did not know if what was presented this evening was a complet� plan. He was still wondering where the creek wouid go aud who wou�d pay for it. Another thing, Mr. Schmedeke said, the City is getting the oppartunity to get a lot of fill from the railroad compai�� for free. lf this were true, it may be what some of the homes in �his area could use Tor their backyards. Mr. Eyler said he had already put on his lot twelve loads of Fill which includes seven loads of black dirt at $15.00 a load, and he didn't need any more. Mr. Schmedeke continued that he was hoping to suggest that the Commission take a look at this land when the snow and ice were gone. He said he also knew of another rezoning that took five years. Some of these problems are not solved quickly. It was no use getting mad and condemning each other. A creek could be quite something nice to look at. He did not know how long water would be in the ditch, but he had seen some creeks that were very attractive. Mr. peMars said the area is low ground and the water just sets there. There is only a�low of water in the spring when there is a runoff or heavy downpour. , Mr. Ernst was asked why he requested rezoning to R-2. He answered that � if single family homes were to be constructed on the property, the petitioners r wou].d be unable t,o pay fox the ponding and ditch�ng. It was a matter of financing. A citizen xose and said he signed the petitlon against the rezoning and is still against it. Darrel 01son co�ented that regarding every oCher 1qG on Arthur and Mississippi S��'�� F��.1�8 � two :fa,}n�ly dwellingt �e iwould rather not change the zoning at aJ.l. There were too many questions rega�'ding sewer left unanswered. As far as the ��oning, he didn't feel anything would be accomplished. He � ' � lr, � Plannill� Commission Me�tizig - Mar��h 3, 1471 k'age 7 was detinitely againat it. Q citizen said that he believed at the meeting in Mx. Wieland's home Mr. Ernst proposed everv other lot would be a two family home if the land were z�ned R-2, No person came out and actually wanted the R-2 zoning. He wanted to know if it went R-2 against the wishes of the people, would the real estate people gq along with every other �ot? Mr. Robert Erickson asked if it wouldn`t be better to appoint a committee to work with Mr. Ernst. Problems have been brought out but no solutions. Acting Chairm3n Fitzpatrick said that was the whole idea of the public hearing �- to get all problems aired. It seemed the real problem at the hearing was the stqrm sewez and perhaps the time had come for another hearing on that. In answer to Mr. Minish's question why it was not feasible to have single family lots on Arthur Street, Mr. Ernst said that two family dwellin� lots are worth more and the petitioner must recover as much as he can to pay for the cost of the retention pond as that is very expensive. They felt it was a good c�npromise for a storm sewer. About SOY. of the lots would be developed R-2 and the balance single family. A typical lot would be 75'x135'. The Engineering Assistant roughly described the area which would be served by the storm sewer as Rice Creek on the North, Old Gravel Pit on the Soutti, Centtal Ave�ue on the West and not quite to Stlnaon Boulevard on the East. Mr. Schmedeke said he expected more agreement with the people. He believea more thought should have been given to developing the land with R-1 on the outside of the area and the center to be R-2. There are still plenty of objec- tians, and he wondered if the reque5t should be continued. Mr. Zeglen asked if the Planning Commission could legally tell the petitioner where, or where not, to put R-,2. Actiag Chairman Fitzpatrick said he believed Council could require a butfer around the ou[side of the area, but his understanding was the Planning Connnission's decision should consider just the rezoning. Mr. Mini�h said he was in favor of the project having all single family dwell.i.ngs along Arthur Street and Mississippi Street, Iie felt it might be desirable to have this request referred back to Mr. Ernst. The cost of the ret�ntion pond would have to be recovered by the developer and could be under rezoning to Rf2. He was favorable t�ards rezoning to a certain extent. The ques�ion of a drainage ditch was sep arate from the rezoning and injected an unnecessary controversial issue. Mr. Erns� said the next step would be to develop a preliminary plat which they wou�.d have to bring in for approval. He stated he would apprecia�e the Planning Commission voting on the rezoning request this evening. Mr. Minish added that the motion should probably include putting an out-� , side limit that on;e half of the lots be two family dwellings and the Council coul.d act on ��}�� ,�}� p��ular lot� lA��ht �?e specif��d'. � _J !� l ) Plannin Cor.unission Meet�n - March 3 1971 Pa �` 8 - The Engineering Asai.stant brou�ht up the fact that perhaps haiE of the lots would be very d�sirable aud half might be less buildable. In what order could the lots be developed su that the desirable lots would not go fir�� for the two family dwell�ngs4 ��"G.lON �y Minish, seconded by Zealen, that the Planning Commissinn recom- men� trle r�:zon�ng request, ZOA #?0-07, Richland, Incoroorated by R• C• Ernst for t':e �outh 395 feet of Lvts ', 2 ancl 3, Lot +�, exGept that part of the West .232 ree� lying South of th� North 328.9 fett, Lots 5 and 6, except thte Soath 23 feet, of Audi�or's Subdivision #22 be rezoned fxom R-1 (sinyle family dwellings) tp R-2 (two family dwellings) be approved with the condition that a11 of the Iots facing Arthur Street and M.ississippi Street be single family dwellings, and at a maximum, only one half �f the lots in the entire area be perm.itted for two family dwellings. The overflow creek sha11 be loeated in the dediCated riqht of way South of 64th Avenue from Arthur Street and in a Wes�erly dxrection approximately bisectzng the lots fxontinq on Rice Creek Road to CerltTal Avenue. The overflow creek sha11 b� constructed with maximum side slopes of 4 to 1. The applicant aqrees to construct the retention pond and creek to the project boundary at no cost to the drainaqe area. The City shall acquire easements and construet the cz'eek between the development c�nd Centra� Avenue. Upon a voice vote, a11 votinp aye, the motion carried unanimous�y• As a furthe� recommendation, Mr. Minish atated that it wauld be desirabl� to consider a pe�snanent storm sewer for th�s area, as one of the most explosive issues discussed was the matter of drainage in this axea. There is recogni- tion on the part of most of the people that a stortn s�wer is essential and apprvpriate to conside� at this time. ADJ OURNMENT : MbTION by Mini.sh, seconded by Zeglen, that the Planning Commission meeting of March 3, 1971 be adjourned at 10:00 P.M. Upon a voice vote, a11 voting aye, the motion carried unanimously. Respectfully subm�tted � -. C� C ? . /.:-t c C�----� Haz�l 0'$rian Recording Secretaty � � � O1 r w t0 N S�- � Q _ � � w � � � 0. 3L V O � u 0 O N A LtJ a w ci. 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O O O O O u'1 n .� �/r N .-+ � � � � w � N O a� �u z � ,��1 C C � � � � oA m V] Fx+ O a� a o. � a�i ti °� � O O O O O O N � O O O O O Q �!'1 r-+ � W � � a� � W � a� d +�+ D� � � y� .. �+ � m +�i W O .� > W y C d � �,, N �+' 15 ■ I C PATCH ERICKSON MADSON &. HANSON, INC. ARCHITECTS AND PLANNERS 2801 WAYZATA BOUL,EVARD, MINN�APOLIS, MINNESOTA 66406 TEL, 61 2/374-3490 April 6, 1971 Memorandum Conma: 7114 Owaer: City of Fridley, Minaeaota Project: Proposad Addition to Municlpal Garage Subjact: Meeting April 6, 1971 Tot Marvia Brunaell, Naaim Qursshi 1� Ws met in Mr. Bruasell'a office this morning and reviewed the program for the proposed additiona for the Public Worka aad Park Departmeat. Mr. Patch will prQpare rough aketchea of the proposed expaaslon program and present them next Monday morning at 10:30 at the City Engiaeer's of£ice. We are enclosing architect-owner agreements, in duplicate, as discuased and would like to express our appreciat�on for being contacted to work with you agai�. � � .., � '� �,L 1 � �- � t PAT ERICKSON, MADSON � HANSON, INC. By it er W. Patch RWP : ltb enclosures to Mr. Brunsell ' THE AMERICAf� INSTITUTE OF ARCHITECTS AIA Document 8131 Standard Form of Agreement Between Owner and Architect on a basis of a PERCENTAGE OF CONSTRUCTION COST THIS DOCUMEN7 HAS IMPOR7ANT LEGAL CONSEQUENCES; CONSULTATION W17H AN ATTORNEY IS ENCOURAGED WITN RESPECT TO ITS COMPLETION OR MODIFICA710N AGREEMENT made this Hundred and SiXTH day of APRIL SEVENTY-ONE 1� , in the year of Nineteen BETINEEN The City of Fridley, Minnesota, acting through its duly elected the Owner, and and/or suthorized officials, Patch, Erickson, Madson & Hanson, Inc., 2801 Wayzata Boulevard, the Architect. Minneapolis, Minnesota 55405 (a Minnesota Corporation) It is the intention of the Owner to erect an addition to their eacisti�ag i�unicipal City Garage, Fridley, Minnesota, hereinafter referred to as the Project. The Ownsr and the Architect agree as set forth below. AIA DOCUMENT s131 • PWNER•ARCHITEGT AGR6EMENT (P�RCEMTAO!) • APRIL '1979 EDITIpN •/,�/�� m 1970 • THE AMERIQJ�I�,IM9'[ITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 2bao� 1 � l__ J � 1� I. THE ARCHITECT shall provide professional services for the Project in accordanGe with the Terms and Conditions of this Agreement. II. TH� OWNER shall cpmpensate the Architect, in accordance with the Terms and Conditions of this Agreement, as follows; a. FOR THE ARCHITECT'S BASIC SfRV/CES, as described in ParaRraph 1,1, Basic Compensation computed at the following percentages of the Construction Cost, as defined in Article 3, for portions of the Project to be awarded under A Single Stipulated Sum Contract six per cent ( 6%) Separate Stipulated Sum Contracts same per cent ( %) A Single Cost Plus Fee Gontract same per cent ( %) Separate Cost Plus Fee Contracts same per cent ( %) AN INITIA� PAYMENT of none dollars ($ ) shall be made upon the execution of this Agreement and crQdited to the Owner's account. b. FOR THE ARCHITECT'S ADDITfONAL SERVICES, as described in ParaRraph 1.3, eampensatian computed as follows: Principals' time at the fixed rate of twenty—f ive dollars (S 25 . 00 ) per hour. Fo� the purposes of this Agreement, the Principals are: Roger W. Patch, Donald M. Erickaon, John A. Madson & Robert D. Hansen Employees' time computed at a multiple of two and one—half ( 2� ) times the employees' pirect Personnel Expense as defined in Article 4. Additional services of professional consultants engaged for the normal structural, mechanical and electrical engineering services at a multiple of one and one—fourth ( 13� ) times the amount billed to the Architect for such additional services. Services of other professional consultants at a multiple of one and one—fourth ( 1� ) times the amount billed to the Architect for such services. The �ates and multiptes set forth in this Paragraph IIb will be subject to renegotiation if the services covered by this Agreement have not been completed within twelve (],2 ) months of the date hereof. c. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES, amounts expended as defined in Article 5. d. THE TIMES AND FURTHER CONDITIONS OF PAYMENT shall be as described in Article 6. AIA DOCUMENT 6131 • OWNER-ARCHITECT AGREEMEnT (PERCENTAGE) • APRI� 1970 �pITION • AIAe �T �� ' CTS, 1735 NEW YORK AVE., N.W., WA5HINGTC]N, [9• �• 20006 2 � 1970 • THE AMERICAN IN ITiiTE f,, ; I�_, ,,,,« ,, . .-,. . � � � 1�� TERMS AND CONDITIONS OF AGREEMENT B�TWEEN OWNER AND ARCHITECT ' ARTICLE 1 obtaining bids or negotiated proposals, and in awarding and preparing construckion contracts. ARCHITECT'S SERVICES 1.1 BASIC SERVICES The Architect's Basic Services consist of the five phases described below and include normal struc- turat, mechanical and electrical engineering services. SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall consult with the Owner to as- certain the requirements of the Project and shall confirm such requirements to the Owner. 1.1.2 The Architect shall prepare Schematic Design Studies consisting of drawings and other documents illus- trating the scale and relationship of Project components for approval by the Owner. �.�.3 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 1.1,4 The Architect shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Documents consisting of drawings and other documents to fix and describe the size and ch�racter of the entire Project as to structural, mechani- cal and electrical systems, materials and such other essen- tials as may be appropriate. 1,1.5 The Architect shall submit to the Owner a further Statement of Probable Constructian Cost. CONSTRUCTION DOCUMENTS PHASE 1,1.6 The Architect shall prepare from the approved De- sign Develapment Documents, for approva) by the Own- er, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire Proiect including the necessary bidding information, and shall assist in the preparation of bidding forms, the Con- ditions of the Contract, and the form of Agreement be- tween the Owner and the Contractor. 1.1.7 The Architect shall advise the Owner of any ad- justments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.1.8 The Architect shal( assist the Owner in filing the required documents for the approva) of governmental authorities having jurisdiction over the Project. BIpDING OR NEGOTIATION PHASE 1.1.9 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in CONSTRUCTION PHASE — ADMINISTRATiON OF THE CONSTRUCTION CONTRACT 1.1.10 The Co�struction Phase will commence with the award of the Construction Contract and will terminate when the final Certificate for Payment is issued to the Owner. 1.1.11 The Architect shall provide Administration of the Construction Contract a5 set forth in Articles 1 through 14 inclusive of the latest edition of AIA Document A201, Gen- eral Conditions of the Contract for Construction, and the extent of his duties and responsibilities and the timitations of his authority as assigned thereunder shall not be modi- fied without his written consent, 1,1.12 The Architect, as the representative of the Owner during the Construction Phase, shall advise and consult with the Owner and all qf the Owner's instructions to the Contractor shall be issued through the Architect. The Architect shall have auihority to act on behalf of the Owner to the extent provided in the General Conditions unless otherwise modified in writing. 1.1.13 The Architect shall at all times have access to the Work wherever it is in preparation orprogress. 1.1.14 The Architect shall make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Doc- uments. On the basis of his on-site observations as an architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Cont�actor. The Architect shall not be required to make exhaustive or continuous on-site inspections to check the qualiry or quantity of the Work. The Architect shall not be respon- sible for construction means, methods, techniques, se- quences or procedures, or for safery precautions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 1.1.15 Based on such observations at the site and on the Contractor's Applications for Payment, the Architect shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. The is- suance of a Certificate for Payment shall constitute a rep- resentation by the Architect to the Owner, based on the ArchitecYs observations at the site as provided in Sub- paragraph 1.1.14 and on the data comprising the Appli- cation for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowl- edge, information and belief, the qualiry of the Work is in accordance with the Contratt Documents (subject to an evaluation of the Work for conformance with the Con- tract Documents upon Substantial Completion, to the re- sults of any subsequent tests required by the Contract Doc- AIA DOCUMENT 6131 + OWNER-ARCHITECT AGREEMENT (PERCENT1IGE) • APRIL 1970 EDITION • AIA� 0 1970 • THE AMERIC/1N �N�TIT{�T� Qf ARCMITHCT7, 1y3! N!W YORK AYE., N.W., WASMIN�CJTON, p. C. �0006 3 , � uments, to minor deviations from the Contract Documents correctable prior to completion, and to any specific quali- fications stated in the Certificate for Payment); and that the Contractqr is'entitled to payment in the amount cer- tified. By issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.�.16 The Architect shall be, in the first instance, the interpreter of the requirements of the Contract Qocu- ments and the impartial judge of the performance there- under by both the Owner and Contractor, The Architect shall make decisions on all claims of the Owner or Con- tractor relating to the execution and progress of the Work a�d on all other matters or questions related thereto. The ArchitecYs decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. 1,1.17 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in his reasonable opinion, he considers it neces- sary or advisable to insure the proper implementation of the intent of the Contract Documents, he will have author- iry to require special inspection or testing of any Work in accordance with the provisions of the Contract Docu- ments whether or not such Work be then fabricated, in- stalled or completed. 1.1.18 The Architect shall review and approve shop drawings, samples, and other submissions of the Contrac- tor only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. 1.1.19 The Architect shall prepare Change Orders. 1.1.20 The Architect shall conduct inspections to de- termine the Dates of Substantial Completion and final completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 1.1,21 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of the Work. 1.2s PRO)ECT REPRESENTATION BEYOND BASIC SERVICES 1.21 If more extensive representation at the site than is escribed under Subparagraphs 1.1.10 through 1.1.21 incli�sive is required, and if the Owner and Architect agree, the'Architect shall provide one or more Full-Time Project Representatives to assist the Architect. . 1.2 � Such Full-Time Project Representatives shall be sel ted, employed and directed by the Architect, and the Arc itect shall be compensated therefor as mutually agr d between the Owner and the Architect as set forth in a exhibit appended to this Agreement. 1.2. The duties, responsibilities and licnitations of au- thority of such Full-Time Project Representatives shall be set 4orth in an exhibit appended to this Agreement. 1.2. . Through the on-site observations by FuN-Time Proj- ect �epresentatives of the Work in progress, the Architect 4 2�� shall endeavor to provide further protection for the Owner against defects in the Work, but the furnishing of such project representation shall not make the Architect responsible for construction means, methods, techniques, sequences or procedures, or for saf�ry precautions and pro- grams, or for the Contractor's failure to perform the Work en accordance with the Contract Documents. 1.3 ADDITIONAL SERVICES If any of the following Additional Services are authorized by the Owner, they shall be paid for by the Owner as hereinbefore provided. 1.3.1 Providing special analyses of the Owner's needs, and programming the requirements of the Project. 1.3.2 Providing financial feasibiliry or other special studies. 1.3.3 Providing planning surveys, site evaluations, or comparative studies of prospective sites. 1.3.4 Providing design services relative to future facili- ties, systems and equipment which are not intended to be constructed as part af the Project. 1.3.5 Providing services to investigate existing condi- tions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other informa- tion furnished by the Owner. 1.3.6 Preparing documents for alternate bids or out-of- sequence services requested by the Owner. 1.3.7 Providing Detailed Estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor. 1.3.8 Providing interior design and other services re- quired for or in connection with the selection of furniture and furnishings. 1.3.9 Providing services for planning tenant or rental spaces. 1.3.10 Making major revisions in Drawings, Specifica- tions or other documents when such revisions are incon- sistent with written approvals or instructions previously given and are due to causes beyond the control of the A rch i tect. 1.3.11 Preparing supporting data and other services in connection with Change Orders if the change in the Basic Compensation resulting from the adjusted Contract Sum is not commensurate with the services required of the Arch i tect. 1.3.12 Making investigations involving detailed ap- praisals and valuations of existing facilities, and surveys or inventories required in connection with construction performed by the Owner. 1.3.13 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- struction, and furnishing professional services of the type set forth in Paragraph 1.1 as may be required in connection with the replacement of such Work. 1.3.14 Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract. 1.3.15 Preparing a set of reproducible record prints of drawings showing significant changes in the Work made AIA DOCUMENT i131 • OWNER-ARCHITECT AGREEMENT (PERCENTAGE) •�1PR1� 1970 EQIjIpN • AIAe � ��ZA 3 TH� AMERICAN INSTITUTE OF ARCHITECTS, 1733 N�W YQRK I�VE., N.W., WASHIN�TON, D. C. 20006 during the construction process, based on marked-up prints, drawings and other data furnished by ths Cpntractor to the Architect. 1.3.16 Providi�g extensive assistance in the utiHzation of any equipment or system such as init�a) start-up pr test- ing, adjusting and balancing, preparation of operating and mainte�ance manuals, training personnel for operation and maintenance, and consultation during operation. 1.3.17 Providing Contract Administration and olzserva- tion af const�uction after the Construction Cantract Time has been exceeded or extended by more than 30 days through no fault of the Architect. 1.3.1$ Providing services after issuance to the Owner of the final Certificate for Payment. 1.3.19 Preparing to serve or servi�g as an expert witness in connection with any public hearing, arbitratiqn proceed- ing or legal proceeding, 1.3.2Q Providing services of professional consultants for other than the no�mal structural, mechanical and electri- c21 engineering services for the Project. 1.3.21 Providing any other services not otherwise in- cluded 'en this Agreement or not customarily �urnished in accordance with generally accepted architectural practice. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding his requirements for the Project. �,Z The Owner shall designate, when necessary, a rep- resentative authorized �to act in his behalf with respect to the Project. The Owner or his representative shal) exam- ine documents submitted by the Architect and shaN render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the ArchiteeYs work. 2.3 The Owner shall furnish a certified land survey of the site giving, as applicable, grades and Ilnes of streets, alleys, pavements and adjoining properry; rights-of-way, restric- tions; easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. 2A The Owner shall fumish the services of a soils engi- neer or other consultant when such services are deemed necessary by the Architect, including reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground mrrosion and resistiviry tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional i�terpretations thereof. �.$ The Owner shall furnish structural, mechanical, chemical and other laboratary tests, inspectio�sand reports as required by law or the Contract Documen�s. �.b The Owner shall furnish such (egal, accounting, and insurance counselling services as may ix necess�ry for the Project, and such auditing servites as he may fequire to 21 ascertain how or for what purposes the Contractor has used the moneys paid to him under the Construction Contract. 2.7 The services, information, surveys and reports re- qufred kiy Paragr;phs 2.3 through 2.6 fnclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upan the accuracy and completeness thereof. 2.8 �f the Owner observes or othen�vise becomes aware af any fault or defect in the Project or non-confprmance with the Contract Documents, he shall give prompt writ- ten notice thereof to the Architect. 2.9 The Owner shall fumish information required of him as expeditiously as necessary for the orderly progress of . the Work. ARTICLE 3 CONSTRUCTION COST 3.1 The Construction Cost to be used as the basis for determining the Architect's Basic Compensation shall be the total cost or estimated cost to the Owner of all Work designed or specified by the Architect, which shall be determined as follows, with precedence in the order listed: 3.1.1 For completed construction, the total cost of all such Work; 3.1.2 For Work not constructed, (1) the lowest borta fide bid received from a qualified bidder for any or all of such Work, or (2) if the Work is not bid, the bona fide nego- tiated proposal submitted for any or all of such Work; or 3,1.3 For Work for which no such bid or proposal is received, (1) the latest Detailed Estimate of Construction Cost if one is available, or (2) the latest Statement of Probable Construction Cost. 3.2 Construction Cost does not include the compensa- tion of the Architect and consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Paragraphs 2.3 through 2.6 inclusive. 3.3 Labor furnished by the Owne� for the Project shall be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by the Owner shall be included at current muket prices, exeept that used materials and equipment shall be included as if pur- chased new for the Project. 3.4 Statements of Probable Construction Cost and De- tailed Cost Estimates prepared by the, Architect �epresent his best judgment as a design professional famfliar with the construction indus4ry. It is recognized, however, that neither the Architect nor the Owner has. any control over the cost of labor, materials or equipment, .over the con- tracfors' methods of determining 6id prices; or over com- petitive �idd'+ng or market� conditions. Accordingly, the /lrchitect cannot and dces not guarantee tFiat bids will not vary from arry Statement of Probable Construction Cost or other cost estiwnate prepared by him. AiIA DOCl1MENT 1{131 • OWNER-ARCM17ECT AGR�MENi .fPERCENTAGE) •,�pR�� ap►q ��IQN • A_�� '1970 • THE AMERICAN INSTITUTE (�� jj'�� „�� 1%,� I�I�W ipKK �V�., N.W., WASHIN T D: C. 20006 5 � 22 3.5 Whe� a fixed lirt�it of Const�uction Cost Is estab- lished as a condition of this Agreement, it shall indude a biddin$ contingency af ten percent unless another amount 1s agreed upon in writing. When such a ffxed limit is estab- lished, the Architect shall be permitted to determine what materials, equipment, component �ystems and types of construction are to be encluded in the Cantract Docu- ments, and ta make reasonable adjustments in the scope of the Project to bring it within the fixed limit. The Archi- tect may also include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed (imit. 3.5.1 If the lowest bona fide bid o� negotiated pro- posal, the Detailed Cost Estimate or the Statement of Probable Construction Cost exceed� such fixed limit of Construction Cost (including the bidding contingency) established as a condition of this Agreement, the Owner shall (1) give written approval of an inuease in such fixed limit, (�) authorize rebidding the Project within a reason- able time, or (3) cooperate in revising the Project scope and quality as required to reduce the Probable Construc- tion Cost. In the case of (3) the Architect, without addi- tional charge, shall modify the Drawings and Specifications as necessary to bring the Construction Cost within the fixed limit. The providing of such service shall be the limit of the ArchitecYs responsibility in this �egard, and having done so, the Architect shall be entitled to compen- sation in accordance with this Agreement. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense of employees engaged on the Project by the Architect includes architects, engineers, designers, job captains, draftsmen, specification writers and typists, in consultation, research and design, in pro- ducing Drawings, Specifications and other documents per- qining to the Project, and in services during construction at the site. 4.2 Direct Personnel Expense includes cqst of salaries and of mandatory and customary benefits such as statu- tory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. ARTICLE 5 REIMBURSABL� EXPENSE$ S.1 Reimbu�sable Fxpenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Archit4ct, his employees, or his prafessfonal consultants in the intercst of the Proj- ect for the expenses listed in the following Subparagrpphs: 5,1.1 Expense of transportation and livi� when travel- ing iM cannecEion with the Project; long distance caNs and telegrams; and fees paid for securing ,approval of authorities having jurisdiction over the Project. 5.1.2 Expense Pf �epraductions, postage and hand�ing of prawings and Specifica,tions excluding duplicate sets at the completion of each Phase for the Owner's review and approval. 5.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates and expense of renderings or models for the Owner's use. 5.1.4 Expense qf computer time when used in connec- tion with Additivnal Services. • ARTICL6 6 PAYMENTS TO THE ARCHITECT 6.1 Payments on account of the ArchitecYs Basic Serv- ices shatl be made as follows: 6.1,1 An initial payment as set forth in Paragraph IIa (Page 2) is the minimum payment under this Agreement• 6.1.2 Subsequent payments for Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion of each Phase shall equal the following percentages of the total Basic Compensation: Schematic Design Phase ........ 15% Design Development Phase ...... 35% Construction Documents Phase .... 75% Bidding or Negotiation Phase ..... 80% Constructivn Phase . . , . . . . . . . . . 100% 6.2 Payments for Additional Services of the Architect as defined in Paragraph 13, and for Reimbursable Expenses as defined in Article 5, shall be made monthly upon presentation of the Architect's statemer,� of services ren- dered. 6.3 No deductions shall be made from the Architect's compensation on account of penalry, liquidated dam- ages, or other sums withheld from payments to can- tractors. 6.4 If the Project is suspended for more than three months or abandoned in whole or in part, the Architect shall be paid his compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all te�minal expenses resulting from such suspension or abandonment. If the Project is resumed after being suspended for more than three months, the ArchitecYs compensation shall be subjed to renegotiation. 6.5 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty days aher the date of billing. ARTICLE 7 ARCHItECT'S ACCOUNTING RECORDS Records of the ArchitecYs Direct Personnel, Consultant and Reimbursable Expenses pertaining to the Project, and �ecords of accounts between the Owner and the Con- AIA DOCUh1ENT �1�1 • OWNER-ARCHITECT IIGREEMEN7 (PERCENT/►GE) •/�PRII, 970 EDITION • AIM 6 � 1979 .' Th� ��RICI►N IN;TITUTft OF ARC1iITEC7S, 173lf NEW �QRI� /,1V!•, N,1wY•r WA��IM�+70N, D. C. 20006 ,. . . , ��, tractor, shall be kept on a generally reeognized accounting basis and shall be available to the Owner or his author- ized representative at mutually convenient times. ARTICLE 8 TERMINA710N OF AGREEMENT This Agreement may be terminated by either parky upon seven days' written notice should the other p�rty fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others than the Architect, the Archi- tect shall be paid his compensation for services per- formed to termi�ation date, including Reimbursable Ex- penses then due and all terminal expenses. ARTICLE 9 OWNERSHIP OF DOCUMENTS Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. They are not to be used by the Owner on other projects or extensions to this Project except by agreement in writ- ing and with appropriate compensation to the Architect. ARTICLE 10 SUCCES$ORS AND ASSIGNS The Owner and the Architect each binds himself, his partneFs, successors, assigns and legal representatives to the other parry to this Agreement and to the partners, successors, assigns and legal representatives of such other parry with respect to al) covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer his interest in this AgreemQnt without the written conse�t of the other. 23 ARTICLE 11 ARBITRATION 11.1 All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach thereof shall be decided by arbitration in accord- arnce with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining un- less the parties m�tualEy agree otherwise. This agreement to arbitrate shall be specifically enforceable under the pre�vailing arbitration law. 11.2 Notice of the demana� for arbitration shall be filed in writing with the other parry to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no ev��nt shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or pther matter in question would be barred by the applicable statute of limitations. 11.3 The award rendered by the arbitrators shall be final, an�d judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 12 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the Architect and suipersedes all prior negotiations, representations or agreements, either written or or�l. This Agreement may be amended only by written instrument signed by both Owner and Architect. ARTICLE 13 GOVERNING LAW Unless otherwise specified, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. ' AIA DOCUMENT 6131 • OWNER-ARCHITECT AGREEMENT (PERCENTAGE) ► APRIL 1970 iqITIQN � I^9 m 1970 • THE AMERICAN INSTITUTE OF ��MIT��TS, 1l'�5 N�yy YARK AVE:., N.W., WASHINGTON, p. C, 2� 7 I ' , � This Agreement executed the day and year first written abov� OWNER CITY OF FRIDLEY, MINNESO�A ARCHI' gy Title By And And Date 0 0 24. PATCH, ERICI�SON, MADSON & HANSON, INC. � I `� �-- Date � i � "� � AIA POCUMENT 8131 • OWNER-ARCHITECT AGRE�MENT (PERGENT�AGE) . APRIL 1Q7Q E��TI�1N ! A�Ae OO 1970 • THE AMERICAN INSTITUi[ QF AR�iMIT��T�t 17,35 NEW YORK AVE., N.W., WASHINCi'oN'b. e. 2anoe t_ � ; �__ _ �ii�l� 8 25 MBMO T0: MEMO FROM: MEMO DATE: City Manager City Council N�asim M. Qureshi, City Engineer-Director of Planning March 11, 1971 MEMO NUMBER : Cl� � 71- 0 3 RE: Review of Fi,ve Year Si�3ewalk Program and Assessment Policies Since last year it has become f��irly obvious that there has been stiff opposition from the adjoining ��ro�erty owners for the instal- lation of sidewalks, so the Five �ea:r S�dewalk Program has not been followed through very successfully. ASSESSMBNT POLTCY 1. The assessment policy under �the program outlined, was based on the premise that no resid�ential property was to pay more than residential street cost;s for the street and sidewalk installation. The assessment policy outlined and proposed under the program was: A. County and State Highways - The total sidewalk and th�e curbing cast to be assessed against the property owners which works out to be about one half the cost of residential streets. B. Municipal State Aid Streets - On State Aid Streets, the residential property owners to be assessed only for a normal residential street and the sidewalk construction cost to be paid by State� Aid Funds. G. Residential Streets - On residential streets where it is determined by the Council to pxovide sidewalks, the cost is to be picked up by State Aid Revolving Funds or City General Funds. 2. A11 non-residential property such as schools, city, church, apartments, commercial and industrial to be assessed �00� for the sidewalks, So, it seems that everybody wou.ld be treated fairly and will be paying their fair share o� the improvement undex this policy. The major objection has been af;ainst taking the easewent from private properties for sidewalk insi:allation and also requiring the citizens to provide snow removal and maintenance. Tha City would have to undertake a complete snow re;moval program prov�ded the City Council feels the°�. pedestrian safet�� progxam is impo�tant enough £or the City to undertake and provide aciditional service in regaxd to maintenance and plowing of sidewalk:>, and this money would come out o£ General taxes. , ' Page Z CM #71-Q3 2�� ' Sa, the City Gouncil has to ans�aer these questions to foxmulate the poli.cies in regaxd to the follow:ing items; ' 1. Does the City Council feel tlaat the sidewalk pedestrian safety program is still need��d for the City and should it be continued? 2, Whether the City should reta:in the policy of pxoviding the boulevard between the sidewalk and cuxbing for snow storage and acquire the easements, if necessary, or should the sidewalks be provided within the existing public right of way as f ar as possible. 3, If any easements are acquired from the private propexties, should the property owners be compensated for �t. 4. Whether the City should take over complete maintenance of sidewalks in designated areas and buy special and adequate equipment to take care of this and the money be raised by General tax dollars. I will be avail.able to discuss further any parts of this report. 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