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12/19/1977 - 5614� PfiTER FLEMING ADMINISTRATIVE ASSISTANT RfiGULAR COUNCIL MEETING DECEMBSR 19, I977 2,E;ti \ THE MINUTES OF TNE REGULAR MEETING OF TFIE FRI�LEY CITY COt1NCIL OF DECEMBER 19, 1977 The Re9ular Meeting of the fridley City Council was called to order at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: . Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROIL CALL: MEMBERS PRESENT: Councilman Schneider, Mayor Nee, Councilman Hamernik, and Councilman Fitzpatrick MEMBERS ABSENT: None (Councilwoman at Large Carroll Kukowski resigned November 21, 1977.) ADOPTIO��?� MOTION by Councilman Schnei�der to adopt the agendMaaorPNeeedec�laredethedmotbonC�arriedan Fitzpatrick. Upon a voice�vote, all voting aye, y unanimously. • OPEN FORUM, VISITORS: There was no response from the audience under this item of business. NEIJ BUSINESS: . � � RECEIVING THE MINUTES OF THE PLANNING CO^�^tIS5I0N MEETING OF �ECEMBER 7, 1977: The Lity Council received the minutes of the Plannir,g Commission Meeting of December 7, . ��7977 and considered the following items: ' SUNDIAL REALTY COMPANY, ZONING ORDINANCE AMENDMENT ZOA 477-04, 967 HILLWIN� ROFlD: ' MOTION by Councilman Schneider to set the public hearing for January 16, 1978. Seconded � by Councilman Hamernik. Upon a voice vote, all�voting aye, Mayor Nee declared the rtrotion carried unanimously. r SUNDIAL REALTY COMPANY, LOT SPLIT L�.S. @77-14, 961 HILLWIND ROAD: This item to be considered in conjunction with the rezoning request. HOLIDAY•VILLAGE INC., SPECIAL USE PERMIT S.P. #77-15, 250 57TH AVENUE N.E.: Mr. Sobiech, Public Works Director, explained this was a request for a Special Use Permit by Holiday Village to allow construction of a photo center booth in the parking lot of the Noliday Vi�llage Store. Mr. Sobiech indicated on�a map the proposed location of the photo center. Ne stated the Planning Corcmission held a public hearing and recofmnended approval with the stipulations that it�would be a Holiday Uillage, Inc. functlon and that in the event the photo booth is moved, that the concrete base also � be moved from the area. Councilman Fitzpatrick questioned whether the prior requests have been fulfilled regarding the landscaping and parkin9 lot clean-up. Mr. Sobiech stated the landscapinq and maintenance on the parking lot is proceeding to.try�.and enhance the aesthetics of the property. He stated Holiday Village intends to put bermin9 alon9 57th Avenue to attempt to contain the litter on their property. Mr. Sobiech suggested that one of�the stipulations 6e that the landscaping ptan, as discussed wi�th the Planning Department, be completed as soon as possible. Mr. Sobiech stated there has 6een discussions on fencing, but Holiday has indicated they would like to attempt to control the litter with berming. He also pointed out they inte�d to provide more attractive waste containers in the parkirg lot in hopes of having people make better use of them. �' 260 REGULAR MEETING OF UECEMBER 19> 1977 PAGE 3 Mr. Sobiech stated Halvorson Construction has performed satisfactory work for Fridley � in 1977 and based on this and the unit bid submitted, it was recortmended the bid be accepted. MOTION by Councilman Hamernik to receive the bid and award the contract to Halvorson . '��. Constructfon Company, 4227 165th Avenue PL E., Wyoming, Minnesota; Bid 6ond —f,reat �� American Ins. Corp. 5°w; Proposal A,unit price--o13.80; Alternate A, Emergency Basis, , unit price--$15.00; Proposal B, unit price--516.50; Alternate B, Emergency Basis, .'�.. unit price--b78.D0; Miscellaneous $lt3 x 2,6�O�lin. ft. _$46,80D. Seconded by ', Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the ( motion�carried unanimously. '� CONSIDERATION Of LEASING SEARS' PROPERTY FOR SNOWP106ILING: �, Mr. Brunsell, City Clerk, stated the City has been in contact with Mr. Kozie regarding �. the use of the Sears property on University Avenue for a designated snowmobile area. '. Mr. Brunsell stated that hir. Kozie would be mailing a lease to the City and the main '� points covered by the lease would be insurance coverage and the City agreeing to�vacate � the. property should Sears setl it. � Mayor Nee questioned the cost for the insurance coverage. Mr. Brunsell stated originally the insurance agent stated it would be aboui�. 5150 per year; however, in checking with him further, he was advised there would be no cost to the City because of the State law indicating no liability for the�property owner. � MOTION by Councilman Hamernik to approve the lease agreeinent with Sears contingent upon review and approval by the City Attorney. Further, that signing be placed so that the southerly 200 feet adjacent to the residential property be restricted from snowmobile use and with access and parking provided on 73rd. Seconded by Councilman Schneider. Mr. Sobiech stated he had inquiries from residents in the area regarding restrictions of the noise level. He indicated they also mentioned that area is used by cross-country skiers. �� Mr. Herrick, City Attorney, indicated the noise levels are covered in the State Statute; �� and if there is nothing in tfie City ordinance to the contrary, the�State Statute wouid apply. Councilman Hamernik qaestioned if the area was used quite extensively for cross-country . � skiing. �1r. Sobiech indicated he wasn't sure, but perhaps the signing would restrict � the snowmobilers and provide soine area for skiing. Dr. Chuck Boudreau, Parks and Recreation Director, questioned the terms of the lease and the length of the agreement. � � Councilman Hamernik indicated he assumed it would be renewable on an annual basis. He ��. stated he didn't believe it would be restricted to snowmobiling, but possibly whatever � activities the City may want as long as Sears is not liable. �� Dr. Boudreau felt it may be a good area for snowshoeing and cortmwnity garden plots. i �� UPON A VOICE VOTE TAKEN ON THE MOTION, al�l voted aye, and�Mayor Nee declared the motion , carried unanimously. � RESOLUTION N0. 138-1977 - AUTHORIZING THE SALE OF SURPLUS FIREWOOD (ISLANDS OF PEACE): I Councilman Hamernik stated he attended the Islands of Peace Board of Directors Meeting and ' � tMs item was discussed and the method of disposing of this firewood. � j Mr. Maynard Nielsen, 7744 Riverview Terrace, stated the County has cut the wood, and tfie Islands of Peace would like to split it and sell it and have the proceeds go to � the Islands. of��Peace foundation. � % Mr. Herrick, City Attorney, asked if there was any problem with Dutch�Etm or Oak Witt � with this firewood. Mr. Nielsen stated they would be selling no diseased wood. � li . . ._. .. - . �\ 20? REGULAR MEETING OF DECEMBER }9, 1977 PAGE 5 Smith, Juster, Feikema, Chartered 1250 Builders Exchan9e Building Minneapalis> Minnesota 55402 For Legal Services during November, 1977 as Prosecutor $1,764.00 MOTION 6y Councilman Fitzpatrick to approve the above estimates as submitted. Seconded by..Councilman Schneider. Upon a voice vote, all voting aye, Mayor�Nee declared the motion carried unanimously. ON OF REQUEST FOR SUPPORT BY MOUN ORT N0. 139-1977 - DPPOSING RECLASSIF CITY COUNCIL REGARDING AN Councilman Schneider stated he received a phone call from one of the members of the Mounds View Planning Comnission who indicated they would be at the meeting around 9:30 to discuss this item. Councilman Hamernik indicated he was also contacted by a member of the Mounds Vie�v Planning Commission. He stated, from the information supplied,.he was a bit surprised on how much of Fridley is enclosed in the proposed expansion area of the airport. Mr. Sobiech stated this item was briefly discussed with the Ptanning Staff. He indicated he�didn't feel this would affect Fridley too much unless the alianment of the runways are rearranged. Councilman Hamernik stated what he gathers now is that they have no assurance of the runway pattern. Councitman Schneider stated he understands there will be a National Guard Armory, contingent o❑ the upgrading of the airport. � Councilman Fitzpatrick pointed out the resolution simply requests they be given more information. � Mayor Nee stated he phoned Mayor Fogerty to see what Blaine's position was and he indicated they were in favor of the development. . MOTION by Councilman Schneider to�adopt Resolution No. 139-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNPIENT: MOTION by Councilman Namernik to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 19, 1977 adjourned at 8:50 p.m.. Respectfully submitted, � Carole Haddad Nilliam J. Nee Secretary to the City Councit Mayor Approved: � ', � i MEMO T0: Department Heads c� Following are the "ACTIONS NEEDED". Please have your answers �(� in the City Manager's office by Wednesday Noon, Dec. 28, 1977 � RFGtII AR MFFTiN� - iIFCFM3ER 19. 1977 - 7:30 P. NI. `� PLEDGE OF ALLEGIA(�CE: ROLL CALL: All Present �ADOPTION OF AGEflDA; Adopted as presented IOPEPd FORUhi — VISITORS: No response BUSINESS: ECEIVING THE �IINUTES OF THE PLANNING COMMISSION 1�EETING j- j X F DECEMBER %, 1977 � , , � , , , ; , , , , , , , , , , , , 1. Sundial Realty Company, Zoning Ordinanee Amendment ZOA #77-04, 461 Hillwind Road. . . . . . . . . , 1 - 1F Planning Comm. Recommendation: Approve with & lU stipulation • Council Action Required: Set public hearing for January 16, 1978 Public Nearing was set for January 16, 1978 AGTION NEEDED: Make arrangements for public hearing January 16, 1978 PLANNING COMMISSION MINUTES �CONTINUED) 2. Sundial Realty Company, Lo.t Split L.S. #77-14, 961 Hillwind Road. . . . . . . . . . . . .'. 1F - 1G Planning Comm.�Recommendation: Approve with & lU stipulation Council Action Required: Consider with rezoning request N6 ACTION NEEDED: To be considered with rezoning at public hearing on January 16 3. Holiday Village Inc., Special Use Permit S.P. #77-15, 250 57th Avenue N.E. ... ... 1G - 1H Planning Comm. Recommendation: Approve with & 1V stipulation Council Action Required: Consideration of request Approved with stipulation recommended by Planning Commission ACTION NEEDED: Inform Holiday Village of Council approval with stipulation. 4. R.C.E. Corporation, Zoning Ordinance Ame�dment ZOA #77-05, 7899 East River Road. . . . . . . . . . lI - 1L Plannin Comm. Recommendation: Approve & 1T & 1W ouncil Action Required: Set public hearing for January 16, 1978 Public Hearing set for January 16> 1978 ACTION NEEDED: Make arrangements for public hearing on January 16, 1978 5. Evert's Addition, Plat Subdivision P.S. #77-07, by Arthur Fretag, Intersection of 73rd Avenue and Central Avenue. . . . . . . . . . . . . . 1L - iN Planning Comn. Recommendation: Approve with & 1X stipulation Council Action Required: Set public hearing for January 16, 1978 Public Hearing set for January 16, 1978 ACTION NEEDED: Make arrangements for public hearing on January 16, 1978 iVEW RUSIPIESS (COPJTIi'�IUED) CONSIDERATION OF AGREEMENT WITH ARCHITECTURAL SERVICES FOR EXPANSION OF P��UNICIPAL GARA6E� � , , , , , , , , , , , 2 — 2 � Agreement approved ACTION NEEDED: Have agreement executed and forwarded to architect firm RECEIVING BID AND AWARDING CONTRACT FOR REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB AND GUTTER AND DRIVEWAY OPENINGS FOR 1978 (Bin �PENIN6 ON DECEMBER 13, 1977) , , , , , , , , , , , , , , , , ; , , , 3 - 3 A Contract awarded to Halvorson Construction Company 6 ACTION NEEDED: Inform Halvorson Construction Co. of 6id award CONSIDERATION OF LEASING SEARS� PROPERTY FOR $NOWMOBILING, , , , , , , , , , , , , , , , , , , , , , , 4 - 4 E Leasing of property approved contingent upon review and approval of the City Attorney ACTION NEEDED: Proceed as authorized on leasing of property 1 � NEW BUSIPJESS (CONTIP�UED) u PA� RESOLUTION AUTHORIZIN6 THE SALE OF SURPLUS FIREWOOD �ISLANDS OF PEACE) , , , , , , , , , , , , , , , , , , , , 5 - 5 A Resolution No. 138-1977 adopted & REC. ACTION NEEDED: Make arrangements for the sale of the firewood with the money received going into the (City) Islands of Peace Fund i L �LAIMS� , . � � � � � � � � . � � � � � � , � � , � � � � 6 Approved ACTION NEEDED: Pay claims LICENSES� . , � , � � . � . . , . . � . � � � � � � � . � % Approved ACTION NEEDED: Issue licenses ESTIMATES. . . � � � . � � . . � � . � � � � � � . . . � � S - $ B Approved ACTION NEEDED: Pay estimates CONSIDERATION OF RE�UEST FOR SUPPORT BY ��OUNDS VIEW CIi'Y COUNCIL REGARDING ANOKA COUNTY AIRPORT. ,,,,,,, 9 Resolution No. 139-1977 adopted ACTION NEEDED: Inform Mounds View.that the City has adopted the resolution ADJOURV: ! 8:50 P.M. FRIDLEY CIi'Y COUNCIL MEETING EASE SI6N NAME ADDRESS AND ITEM NUMBER INTERESTED IN ADDRESS �l / DATE: DECEMBER 19, 1977 ; Vl� e✓ 7'��Z. 1% ITEM NUMBER _ r� f \`b I FRIDLEY CITY COU��CIL nrrin �� nnrr-r,n�� _ nrrGrn�GR i4 1q77 — 7��f1 P.- f�. / I I\LVVLn�� i��-�-�a�� -••—• _LJ ',PLEDGE OF ALLEGIAf�CE: IROLL CALL: IADOPTION OF AGEPdDA: FORUht — VISITORS: � P!E'r� BUSI�VESS: RECEIVIN6 THE �IINUTES OF THE PLANNING COMMISSION 1�EETIN6 OF DECEMBER �, 1977 � . � . � � � : � � � � � � . . � � . � l. Sundial Realty Company, Zoning Ordinance Amendment ZOA #77-04, 961 Hillwind Road. . . . . . . . . . 1 - 1F Planning Comm. Recommendation: Approve with & lU stipulation ' Council Action Required: Set public hearing for January 16, 1978 1-1X PLANNING COMMISSION MINUTES �CONTINUED) 2. 5undial Realty Company, Lat Split L.S. #77-14, 961 Hillwind Road. . . . . . . . . . . . . . . 1F - 1G Planning Comm.•Recommendation: Approve with & lU stipulation Council Action Required: Consider with rezoning request 3. Holiday Village Inc., Special Use Permit S.P. #77-15, 250 57th Avenue N.E. ... ... 1G - 1H Planning Comm. Recommendation: Approve with & 1V stipulation Council Action Required: Consideration of request 4. R.C.E. Corporation, Zoning Ordinance Amendrt�ent ZOA #77-05, 7899 East River Road. . . . . . . . . . lI - 1L Planning Comm. Recommendation: Approve & 1T & 1W Co�l Action Required: Set public hearing for January 16, 1978 5. Evert's Addition, Plat Subdivision P.S. #77-07, by Arthur Fretag, Intersection of 73rd Avenue and Central Avenue. . . . . . . . . . . . . 1L - 1N Planning Comm. Recommendation: Approve with & 1X stipulation Council Action Required: Set public hearing for January 16, 1978 NEW RUSIhJESS (COPITI(�lUED) CONSIDERATION OF AGREEMENT WITH ARCHITECTURAL SERVICES FOR EXPANSION OF MUNICIPAL GARAGE� � � � � , � � , � � � � 2 - 2 L RECEIVING BID AND AWARDING CONTRACT FOR REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB AND GUTTER AND DRIVEWAY �PENINGS FOR I9�$ �BID �PENIN6 ON DECEMBER 13, 1977)�, , ; , , , , , , , , , , , , , ; , , , 3 - 3 A CONSIDERATION OF LEASING SEARS' PROPERTY FOR $NOWMOB I LI NG , , , , , , , , , , , , , , , , , , , , , , , 4 - 4 E CITY OP FRIDLEY PLAN1dIT1G COMMI; �ION MF��TTNG Dl�('i'MT3FR 7� 1977 CAT.L TO ORDFR: Chairperson Iiarris called the December 7, 1977, Planning Commission meeting to order at 7:31 p.M. ROLL C��LL: Members Present: Members Absent Others Present: Storla, Oquist, Harris, Schnabel, Langenfeld Peterson Jerrold Eoardman, City Planner APPRdVE PLANPIIPIG COP4r�ISSIOPd 44IPIUTES: NOVEMB�R 23, 1977 MOTION by Mr, Oquist, seconded by A4r, Langenfeld, that the Planning Comnission approve the idovember 23, 1977, Planning Commission minutes as rrritten. Upon a voice vote, all voting aye, the motion carried unanimously, The minutes ivere approved at �; 33 P.M. TE2�RNT/L9NDLORD COi•iMISSION . Mr. Storla announced that the Tenant/Landlord Commission that was a sub-cor.:mittee of the Human Resource Commissicn would have a prasentation on Monday, December 12, 1977, in the Classroom� starting at anproYimately 8:00 P,M, He said that they :vould be discussing r�hat type of policy the landlords could adopt in order to lower the crime rate in their rental units, He indicated that someone from the State Plannin� Gommission and someone from the State Housing Association �+ould be giving a slide presentation regarding vrhat the renters could do to help lower the crime rate t��ithin their rental units, He encouraged anyone that vaould be interested to attend the meeting. 1. CONTINUF7: PUBLI6 H�'YRIr?G: R?3ZONIPIG RE!?UEST, ZOA ',�77-04� Tl � .� :1 ' :� r. � i;�i�U `+1, - 11 t ' lY iS 1 1 1 � t30 rEET Oi� LOT 6, bUDITOR'S SUBDIVISION N0, 25, LYING El�STERI,Y OI' TH� NORTHrASTrRL`i RIGHT OI' ;7PtY LIP:� OF THE OUTER DRIVF OF TAL STATE TRUn3i IIIGI��:lAY ;�65, AND CJPST OF A LI1V� t 253, 20 F;::T !Vi�,ST OF TFIE LAST LIN� OF S9ID LOT 8, AS A{EASUR�D AT P,IGHT ANGLLS T0� l�ND PARt'1LLEL �'lITH� TfIE �AST LIN� OF SAID LOT 6, FROI•t R-3 (GEN�RAL MULTIPL� FAP•SILY DfiIELLINGS) � TO CR-1 (GLAT�R�1L OP'P'ICES AND LIt�iIT�D BUSIPI�SSES) � THE Sl�ME B�IPiG 961 HILL"wIND ROAD N,P, (Public Iiearing open). �� PLAPINITIC COHitdIS ;ION Mi'T'T71dG - DRCT'MI3FR 7, 19%7 Pa�e 2 Mr. Boardman explained some of the items that had confused the Plannin� Commission at the Plovember 23, 1977, meeting. He said that one of the plats that they had been sho�rn had never been filed and he indicated to the members the plat that they should study, On the approved plat, I•ir. Boardman, explained the exact lots that t�fere involved. Mr. Boardman indicated that if the rcad is ever put in that it vrould connect to FillmoreZhe v��s speaking of the Polk Street extension).He said that depending on hotiv the area in question actually develops, it vras possible that Polk Street vrould form a cul-de-sac, fIe said that it v�as not foreseeable that anything constructed on Polk Street NE tivould be made accessable from Hillrrind Road, Nfr. Boardman said that another problem in the area tivas the configuration of Hill�•rind and also the confiouration of the lots. He said that at some point in time� they raould probably be getting a replat of the area, Chairperson Harris asked if all the lots in question �vere under one o�mer. Mr. Boardman said that there was multiple o��rnership in the area. Mr, Boardman explained the zoning of the entire area, Chairperson Hzrris specifically rranted to knor� the zonings of the Plausau Homes building and the Real �state 10 lots. Mr. Boardman said that the Vlausau Homes building E�as zoned R-3 and that the Real �state 10 lot �*ras the only lot in the area that had been zoned CR-1. He said that it tivas zoned CR-1 in 1R7�. Ms. Schnabel asked if there �•�ould be a chance that the Planning Commission ��ould be hearing any more requests for rezonings frora anything else that vaould go on Hillti�rind Road, Mr. Boardman said that this request was the last property going up Hill��ind, due to the steep inclines further up Hillivind. Chairperson Harris asked if the Staff had any objections to the request. Mr, Boardraan said that they had no problems e�ith the request. He Qaid that he felt it ��ras a� good of a use for that lot as any. He didn't feel that it r�ould be detrimental to the area. He indicated that they proposed a ti�rell designed building that would fit rtell into the area. �A PLAPITT7Pi� ('Ot714IS �I�ti t4T'T'TING - D''C,F�fi4BT;R 7. 1977 Pa�e 3 � Ghairperson iIarris askeci if the lot met all the requirements for a CR-1. Mr. Boardman said that it was a larger lot than`Real �state 10 had; and, yes� it did meet all the requirements. tdr. Oquist er.pressed concern of the traffic problem on the intersection of Highcray ,�65 �nd Old CentraZ �lvenue, IIe rranted to kno�i if this type of operation erould negatively effect that already conjested intersection, Mr. Boardman explained the proposed traffic pattern. He said that basically that type of operation didn't generate that much traffic. Ms. Schnabel asked if the proposed parking lot could be made accessable from Polk Street. Mr. Boardr,ian said that it could be a possibility. He saici, that again, since that type oi operation didn't usually produce that r:�uch traffic that it r�ouldn�t be that im�ortant to try to keen the Sundial Realty traffic off of Polk Street. Ms, Schnabel asked about the sel�rer and v�ater easements for the Sundial Realty Cornpany,: Mr. Boardman said that the sei�rer crould be off of Polk Si;reet NL and that the rrater �•rould be from Hilli•aind Road. MOTI�IQ by his. Schnabel� seconded by Mr. the Public Ae�rino. Upon a voice vote, motion carried unanimously. The public at 7:59 P.P•1. Langenfeld, to close all voting aye, the hearing was closed MOTIOId by i��r, Langenfeld, seconded by Mr. Storla, that the Planning Commission recommend the approval of the rezoning request� ZOA ,T7'7-Ol�, by Sundizl Realty Company: Rezone that part of the Plorth F30 feet of Lot 6, Auditor's Subdivision No. 25� lying easterly of the northeasterly right of r�ay line of tlie outer drive of the State Trunk High�vay ;�05, and L'lest of a line t253.20 feet e�est of the east line of said Lot 8, . as measured at ri�ht angles to, and parallel i��ith, the east line of said Lot 6, from R-3 (General r4ultiple Fa.mily D�rellings), to CR-t (General Offices and Limited Businesses), the same being 961 Hillrrznd Road N,�. ��rith the stipulation that the rezoning is tied to the issuance of the Building Permit as per the plan that had been submitted to the Planning Cocumission, � 1C Chairper�on Iiarric ezplained that the reason for the stipulation vlas �� just in ca.se�� somethi.n� happened in the interim that r�ould nake it impocsible for the petitioner� to do ��hat they planned rrith that lot, iie said that it ��ould be'possible, irith the CR-1 Zonin� to put some other type of establishMent on that lot that ti�aid not be desirable for the area.- Air. Langenfeld indicated that after receivin� the needed informaiion from I�ir. �oardman, that even though it is, in a sense spot rezonin�, he didn't feel it �vould be a hinderance to the particular area. He said that the type of rezoning and conctruction rrould be compatible vrith the area. Mx.. Boardman v�as not in complete agreement rrith the stipulation put on the request. Chairperson Harris said that it only indicated that the second reading of the Rezonin� Ordinance ��ould be held until the issuance of the Building Permit, Mr. Langenfeld said that the purpose of the stipulation ��aas to be sure that that type of building ti•rent into the area and not something else that may be Iess desirable, Mr. Boardman read to the Planning Commission all the uses that could. be in a CR-t Zoning, He said that, supposedly, al2 the uses of a CR-t r�ould be cor�patible t��ith the area. Ms. Schnabel said that she did not intend to vote aye far this notion. She explained that she felt that the requested construction crould only add to the vast confusion already in er.istance along IIill�rind Road, She said that the construction of the Sundial Realty Comoany riould only add to the "clutter" of the area. She r�anted it to remain as an R-3 Zonin� and she c�as not in favor of the "spot rezoning�'. Mr. Boardman felt that the stipulation trould infrin�e on the rights of the petitioner. Upon a voice vote, Storla, Oquist, Harris and Langenfeld voting aye; Schnabel voting nay, the motion carried, Mx. Jim Villella of 5323 Matahorn Circle (representing Sundial Realty Company) asked permission to address the Planning Gommission. Mr. VilJ.ella said that they ��ere spendin� a lot of money on the property. He said thlt a lot r�ith a CR-1 7onin� was a valuttble piece of property. He said that they had a].so spent a lot of noney on the plans for the building and they ivere going to try to go through i•rith their proposed plans. 1 r3ntrrTrrr� ��tmat;;I�N 1dT'T'TIA1� - Dl'('F'Mtil'R 7, �977 P�r�e 5 1D Mr. Vil�.ella indicated that "things" could happen. IIe said that they were purchasing the property contingent upon the rezoning to CR-1. FTe said that should anything happen to the plans for their Real Tssta.te Office and they �:rould have to sell that land or build sonething else; and if they r�ere not able to build anythin� e:ccept a Real �state office, They coulcl be out a lot of money. Chairperson Harris indicated that their request rras to build a certain Real �state office on that particular lot. He said that all the Planning ComMission rtas doing eras that in good faith they apply and take out a building permit preceedin� the second reading of the Ordinance that �rould make it final, He indicated that if I�tr. Villella intended to build something else, then he should have �aid that earlier. T4r. Harris sa�d that the stipulation merely indicated that they had to construct the building that they had shor�ed the Planning Conmission. Mr. Boardman indicated that the Planning Commission�s stinulation on the property �•ras that they did approve the rezoning c�ith the stipulation that the second readin� of that rezoning be held until the Building Perreit ti�ras is�ued for that proposed building. He said that it dic:n�t indicate that after trey constructed the builcting that the� couldn�t sell the building; it merely indicated that the building could onTy be used for the purpose indicated for a CR-1 zoning. Chairperson Harris said that the Plannin� Commission ivanted that building, on that lot, and only used for the purpose allorred under a CR-1 Zoning. Mr. Oquist explained thzt that p�rticular piece of property vrould not be rezoned until Sundial Realty takes out a Building Permit. Chairperson Fiarris said that actually ti>�hat yuas being stipulated cras that.Sundial Realty construct that building on that lot. Mr. Villella aslced if they could take out a Building Permit on that lot rrithout olvning the land, He said that they are purchasing that lot contingent upon the rezoning of the lot to CR-1. Mr, Boardrnan indicated that usually a Building Permit is only issued to the property otirner. Mr. Villella aslced if the stipulation could be changed to indicate that it has to conforn to the CR-1 alloi•rable establishments r�ith ihe exception of Drug Stores. That rJay, he said, the Commission could eliminate their main e+orry. lE Chairper�on :Iarric said that the Planning Commis�ion rianted to control rihat ti�rent on that lot. He said ihat the,y revierred the plans and had liked elhat they sa�r. They �•�anted to be sure that that type of con�truction rras put on that lot. He said that they uanted that building, on that property. Mr. Villella said that they viould be closing on the lot as soon as the lot e�as xezoned. He said that after that, they would subMit their plans to the banit for financing and biddin� and such. IIe said that there rras a possibility that it could take a certain period of time, He said that from the offset they have not been absolutely sure that they could build the buildin� that had been sho��n to the Planning Commission, He said that they didn't desire to suenn the money h�.ving the plans bid out and a.11 until they could find out if they could get the lot rezoned, Iie said that certain thinos had to be before other thin�s. FIe said that their first thing vras to get the lot rezoned. He said tha.t you alv�ays had to be prepared for the chance that soc�ething could go astray. Mr. Langenfeld said that his motion to approve the rezoning reque�t had been made based on the fact that he had had the chance to see the plans and he nad the assumption that that t+ould be the type of structure that ��rould be pu� on that lot. Chairperson Earris said that the motion ��ras merely a recommendation to City Council, r1r. Villella said that he c�ould like the Planning Commission to indicate something in their recommendation that rrould allow them a little flexibility in the construction. He felt it tvas unfair to tie him to that exact building with no maroin of flexibility, Ms. Schnabel restrictive. him a little agreed. rrith hIr. She felt that flexibility. Villella as far as being a bit something could be done to allovr MOTION by Mr. Langenfeld, seconded by Mr. Oquist, to amend the ori�inal motion to recomc.end apnroval of the rezoning request ZOA ;�77-Oi�, by Sundial Realty Company: Rezone that part of the North SO feet of Lot 6, Auditor�s Su�division Dio, 25, lyin� easterly of the northeasterly right of r�ay line of the outer drive of the State Trunk IIigh�•�ay ;''r65, and l'lest of a line 1253.20 feet r:est of i;he east line of said Lot S, as mezsured at right an�les to, and parallel rrith, the east line of said Lot 6, fror� R-3 (General t�Iultiple I'amily Driellings), to CR-1 (General Offices �nd Limited Businesses), the same being 961 Hillrtind Road N.L, ivith the stipulation that a similar-like structure thlt ��rould remain compatibile r�ith the area and allocrin� some flexibility that r�ould ease any hardship that may be placed upon the petitioner. 1F Mr. UquiUt agreed that the eyact plan cannot be "pinned�' do�rn. He said that >ome fleziUility doe� have to be alloti•red. Iie did inclicate that he didn't rrant to �ee any more annrtment buildin�U goin� into the area; therefore, he ��ras more in favor of havin� the real estate office. P4r. Oqui�t said that the motion �•ras really only tyin� bir. Villella dorin to a similar-type �tructure. Chairper�on Fiarris indicated that Mr. Villella had best find out if he crould be able to build the building. Fie felt it was that point in time for Mr. Villella. Mr. Villella said that they had done some of the preliminary ivork for the buildino, He said that it rtas tied do�•rn as much as possible, He said that until the Buildin� Permit r�as taken out and the bank put a tnortgage on the building, anythin� could ha.ppen. Iie said that they eiere not 100% sure thzt that exact building rrould be constructed on that lot, Mr. Vince Villella or 3625 �azrard Street NE said he felt that the stinulation rras out of line, fIe said that there rrere restrictions enouoh on Lhe CR-1 Zone, Mr. Vince Villella said that he understood the motion to say that they don�t actually get the rezoning until the Buildino Pernit is applied ior. He said that if that ��ras the case, then they tJere back to the original problem. He said that they could not close on the lot until they get the rezonin�; they cannot get the rezoning until they apply for a builcling permit� that cannot be issued to then unless they oti�an the lot, Chair�erson Earris sz.id that the motion vras the feeling of the Planning Conmission. He said that if Sundial Realty had different feelings about the raotion� then tliey should bring it to the attention of the City Council since this rras only a recommendation to City Council. IIPOIQ A VOICE VOTE, all votin� aye, the motion carried unanimously. The amended motion lvas approved at 8:58 P.Nf. 2. CONTINTI^D• R^�U?ST I'OR LOT SPLIT�L.S, 'f-'77-11� BY SUI�?nI1�L HC.i1L�1'Y GVl'lY:lldY: Jt"Lll �/�1• ii1��1 ina�i vi� ivi v� .+�.��+� .�1 P� �V , 25� r'1S Di.SCRIBT�D IN REZONIi�IG Ri�UEST� TH� SAI�IP BEING 961 FiILLi'?IND h'OAD Pi. E. PLAtI1I7iI� ('�t1tRT^,ST�T•T t�iPl'T7A1r. - nr'('T'MRT'R 7 1�77 Paf;e 8 MOTIOid by t�r. Langenfeld, seconded by t�Ir. Storla, to approve the requesi; for Lot Split� L.3, ;E77-1iF, by Sundial Realty Company: :p.lit off that part of Lot 6, Auditor'� Subdivision No. 25, as describeci in rezonin� request, the same bein� 961 Hillc�ind Road IdP e•rith the stipulation that there be a dedication of the right-of r�ay �nd the exi:ension of services. Upon a voice vote, Storla� Oquist, Harris, Lan�enfeld voting aye; Schnabel voting nay; the motion carried at 9:00 P.M. 3. PUBLIC H�AP,It2G: I??:�Ur^.ST I'OR A SPEr,IAL t7Sr P':R14IT ; - , , r . �� 1,� i:�;,., ;, ,, : '0 Pi dtIT A FILM L,�;a t� .�� -'� n tri� �'� t LLY CITY CODE� SECTIOPI 205, 101 � j� (I) � TO B� LOCAT::D IN TIiE PARYING LOT� l'lIiICII Ia PART OF LOT 1 j� �1UDITOR�S SUBDIVISION N0. t 55, TIiE SAPdE BEIIdG 250 57th AV�IIUE N, �, MOTIOPI by P•ir, Langenfeld, seconded by P•ir, Oquist, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing ti•ras opened at 9:01 P.ri. Mr. Boardman explained that Holiday Village rlorth ��anted to move their film shop outside to the parking lot, He said that there had been a stipulation on the lot tha� no outside lease operation could be granted, He indicated�thzt the request e�as not a lease operation. He said that it vrould be o�vned and operated by Holiday Village. Iie said that it �JOUld be a pick-up/drop-off type operation in a booth in the p2rking lot,. Mr. Oquist asked if it vrould be permitted as long as it was a Holiday Village Photo Shop, Mr. Boardman said that when the Trailor Operation �rent in, it tvas a lease operation. He Council allor�ed that business, other outside lease operation that they had made it a point said that at the time the City it put a stipulation that no r�ould be permitted, He said to stipulate a lease operation. Mr. Oquist asked if the booth ti=�ould be attended. Mr. Bradley Steinr�an representing Holiday Village North said that it �vould be attended approximately 9:00 A.M, until ?:00 P.M. Mr, Langenfeld asked if this operation �vould add further to the traffic problem already existent at the Holiday Village North store. Mr. Boardman said that the traffic problem would be no more than it was presently. Mr. Steinman said that the booth r�ould basically be for the sale and developin� of film. He said that the trend tivas to be able to pick up your film right from your car. 1G Chairnerson IIarric adequa.te parlsing at � 1H �aid that it appeared that there was the Roliday Village North store. Mr. Boardman said that there i�ras adequate parking. Iie said that it cra� Holiday Village's plans to relocate the garden shop next spring. Iie said that they intenQed to move it closer to the building. Fie said that Holiday Village had assured the City of Fridley that things would be done to improve the area. Mr. Steinman indicated that they ti•iould be purchasing from the Lund PRanufacturing Company attractive type litter containers. He said that instead of using barrels, these new containers would look like beetles. He said that possibly these vrould attract people and thereby remind them to put their litter into a proper container. Mr. Langenfeld asked rrhat the dimensions of the building tivould be. Mr. Steinman sai.d that the booth vrould be 5 ft 2 in x 9 ft 2 in. Ms. Schnabel asked if it i•rould be a concrete slab, Mr. Steinman said that it ��rould be on a concrete slab, he said there �rould be the proper curbing, there erould be electric heating inside tne booth raith proper illumination. . Mr. Oquist asked if the building r�as already constructed, Mr. Steinman said that it rras a pre-fab bizilding. Chairperson Harris asked if there �vould be any utilities run to the booth. Mr. Steinman said that the electricity v�ould be underground. MOTION by P4r. L•an;enfeld, seconded by I�is. Schnabel, to close the Public Iiearing, IIpon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing rras closed at 9: t3 P.rt. MOTION by P•ir, Langenfeld, seconded by Ms. Schnabel, that the planning Commission recomnend approval of the request for a Specail Use Permit, SP ��`77-15, by iIoliday Village, Inc.: to permit a film processin� drop-off booth, per Pridley City Code, Sectian 205.101, j, (I), to be located in the parlcin,�^, lot, t��hich is part of Lot 13, �luditor's Subdivision No, t55, the sflme being 250 57th Avenue N.I�. �rith the stipulation that it ctould be � fIoliday Villa�e Inc, function and that in the event that tlie Pooth is moved, that the concrete base �>.lso be moved from the asea. Unon 1 voice vote, all votin� aye, the motion carried unanic�ously. PLAPTTI7;I� rn;4dI:,3TOT1 t4i T'TTr1� - n''rTT4PT'R 7. 1977 Pa�A 10 1 I �#. PUT3TT(' ti^PPTiT� n.. n,�Tprr j�*'nTJt'�2��(1A �F7%-n5� T1V P,_C;_r, CnP.P(i!�,;'i,T�",: R?R�iIIL; Pi;(iii C-2:: (G1�1dPR1�L SiIIOPPIPIG .�Pl:��)- 'ra r,-� (LGCAL LU�IIi:SS AR::.'?S) � L07' 1� BLOCY 1� PP/�RSOPI�S FIRST ADDITIOIT� THi, Sf�I1; L�zr�G 7a99 �nsT RIV�R t�o!�D rrr MOTIOid by Mr. Oquist, seconded by Ms. Schnabel, to open the Public Heaxing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public fIearing vaas opened at 9:15 P,I4. Mr. Boardman said that this piece of property had gone through several variances a.nd rezoninUS, FIe said that it ��ras the intent of ']-11 Store.� to build on thzt lot. He said that a condition of the last City Council aPproval �•�as that it rras rezoned to C-1. Iie said that property ;•ra� already zoned C-2S. Mr. I,angenfeld asked about the stipulations that had been requested for that property by a group of Citizens. Mr. Boardman indicated that there etere 15 stipulations that v�ere incoroorated as stipulations of a variznce at a variance meetino held on i•tarch 15, 197'], He said that those were the sar,ie stipulation� that the Planning Commission may or may not eiant to put on the rezoning. Chairperson Harris read the 15 stipulations: 1. Extensive landscaping on the site; plan filed r�ith Planning Department. 2. Berming to be of sufficient hei�ht to protect the residents from automobile lighting. (as indicated on the plans) 3. Additional plants (as marlted on the plans), t�. Entire building erould be brick, 5, Buffer plantings incorporated riith berm. 6. Lighting focused dorm so as not to shine into the residential property ormer's tirindo�rs. 7. All blacktop adjoinin� green area to be separated by poured concrete curbing, 8. No egress from the development onto �ast River Road; ingress only. rr,nritir.rr.r, r,�r.irrT ;sTnrr 1�rrTZirr, _ nrr,?�a�r;rr �, � ��7 Par�� i 1J 9. Rcfu�e area should have solid screen, no �ate opening onto the �ervice drive, the portion not being used for refuce �tora�e and handling to be used for.,plantin��. 10. Siderialk connection constructed to Lincoln Street. If an agreement cannot be reached bett�een Meridian and I'uda.li, the side;�alk connection should be constructed a.nyti�ra.y, but only on Meridian's property, This r�ill offer property protection from nearby residents. 11. Parking moved dorm to 20 feet to pick up additionaZ room to ettable cars to face in instead of against each other. 12. Applicant riill petition the City for rezoning from C-2S to C-1 and there r�ill be no contest on zoning change in future. �3. Easements to be dedicated to City of rridley as noted on attached map. i1�. Applicant r�ill construct a deceleration lane froM the driverray abutting East P,iver Road to the south. The deceleration lane is to be a 12 foot �•�ide bituminous section riii:h a 2 foot gravel shoulcler and is to extend southrrard from the driverray entrance 100 feet south�•rard from the south radius and then taper at 15;1 to tie back into the existing roadrray, The typical section shall consist of 8" C1ass V base, 1z�� asphalt binder courUe (MHD 23k1) and 1 2�� asohalt l�earing course (I�fI-ID 2341) , All construction shall be in accordance e�ith the t4innesota Department of Hi;hrrays Standard Specifications for Highv�a.y Construction dated January 1, 1972, and as amended by Supplemental Suecification for Highr�ay Construction dated January 1, 197y, 15. A bond covering the cost of all stipulated improvements tvould be required. Chairperson Harris pointed out that what was actually being done tJas the petitioner tiras fulfilling No, 12 of the stipulations. Mr. Oquist asked if all the above stipulations ivere already covered in a previous variance, Mr. Boardman said that these stipulations t�rere placed by City Council. Iie said that the petitioner rras norr requesting the rezoning to fulfill No. 12 of the stipulc�tions. MOTIO� by Afr, Langenfeld, seconded by ris. Schnabel, that the Planning Commicsion receive 1 letter from btr, John Benton, the Froperty Ai�nager of the �ieador� Run Apartments, indicuting the tl�ey ��ere in favor of the rezoning of the property ir. question. Upon a voice vote, all voting aye, the motion carried unanimously� Mr. L�ngenfeld sairl that it ��as his understandin� that these 1 K Etipula.tions, if incorporated, there vrould be no problems as far a� the rezonin� eia� concerned, In other ��oras, he said, the rezoning r�ay fine vlith the citizens as long as all the stipulation� rrere met. Chairperson Harris confirmed r�hat Mr. Langenfeld said. Mr. Boardman sho�red the Planning Commission a plan of the 7-11 Store. Mr. Oquist asked about stop lights at that intersection. Mr. Boardman said that the City had asked for lighting at that intersection, He said that the County said that there t�as no vrarrant for a traffic light at that intersection. He indicated that City felt that enou�h traffic rras generated at that point. He ti•ras relatively sure that traffic lights would eventually be put at that intersection. T�Ir. Storla had to leave the meeting at 9:25 P.t4, due to a previous commitment. � Mr. Oquist said that it c�ould be called a neighborhood convenience center, He pointed out that there ��rould probably be more_than a 7-11 store on that property. Chairperson Harris said that there �•iould be something other than the 7-11, Store� hocrever, he vras not certain vrhai;, fie read ivhat v�as allotred in a C-1 Zone. The Planning Cornmission pointed out that there had been a typographical error in the Public Hearing notice that indicated the rezoning ��ras from a C-2S to C-1S. They felt that the rezoning request �.vas from a C-2S to C-1, They decided to handle the reauest as a C-1 and malce their motions as such. If A�r. Boardman found out that they raould have to re-publish and re-notify the adjacent property or:�ners, then it 4iould Glso have to re-appear before the Planning Commission, Mr. Langenfeld said that without auestion they i��ould have to a�ain consider the requests of the citizen group. Ms. Schnabel said that those requests had already been considered and the City Council stipulations had stated that the request UfpLlld g0 throu�h and be rezoned erithout any contest on the rezoning. ASOTION by rtr, Lan�enfeld, seconded by 14s, Schnabel, to close the Public Hearing, Upon a voice vote, all voting aye, the motion carried unanimously. The Public Iiearing ��ras closed at 9: �3 P.r9. PJ�nratrzrrc rot�zC �rorr rRT:TMPI1Ir, - DFr,Tat�^� 7, »�7 P1r;� �, 1L MOTIOPT by M�. Schnabel, seconded by tdr. Langenfeld, that the Plannin� ComMission recommend approval of the Rezoning Request� ZOA /f?7-05, b;� R.C,L. Corporntion: r2ezone from C-2S (General Shopping Areas) to C-1 (Local �usines� Area�), Int 1, Block 1, Pearson�s First Addition, the same being 7899 East River Road P1E. Ms. Schnabel said that it Nould not be necessary to include all the stipulations in the motion since City Council had already made them, Mr. Langenfeld pointed out that the Citizen Group would not contest such a rezoning as long as the stipulations vrere met and they i►ad already been pre-arranged prior to the request. UPOPI 1: UdICL VOTL, all voting aye� the motion carried unanimously. 5. PUBLIC HEAP,InT�. : PF�T'OS?T� pn,�.TTr�TT*nnv pT gT P.S. '�77-�7� -RV'r;i?T'.5 '�:��I_�`I�?i. '�? ^:Z^:IL1'? Tr II�G f. R�PLlll OP _ L �R? .,G: B� LOT l9, �%`I.C�.PT TFii's ^;1ST 190 r':�,T TH �RTOF: APID EXC.�:PT TH^ �IEST 17 F�r�T TIIKrPI I�'OR HIG'-:19xY PURPGS�S: tiIID THL '.'l�ST 1lf7.7i� FLET OF LOT 18, ALL Ir1 IUDITOR'S SUBDIVISIGN N0. 129. (THIS PR:.LI�IIId�,RY PLe1T Pus'PLACES C�2,T.mt AL TO';lT�HOUSi PLAT (idOT RECORDiD) AND IS GENER3LLY LOC2Ti D !1T TH� IIv'TERSyCTIOId OI' 73rd AVynTUE AND Ci�1TR.9L AVEI�IUL N. E. T40TION by I�ir. Langenfela, seconded by I�1s. Schnabel, to open the Public Hearin�;, Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing ti��as opened at 9:36 P,M, A4r. Boardnan shoerecl the Planning Commission a Plat of the area, He indicated that t�rhat rras being proposed �aas ten lots that tivould be designed for duplexes. He explained that the proposal vaas to run the street tliraugh and have it cul-de-sac'd� He said that the City of Fridley had requested that the petitioner attempt to purchase an adjacent lot, He indicated that the person olaning that lot did not rrish to sell, Mr. Boardman said that it rias felt that the proposed development iaould be better if the ciuplexes could be served by a better road system. IIe indicated that the orrner of the adjacent property did not i•rish to sell to hlr. Fretag. He said that the adjacent property rras zoned commercial and the oaner vaished to sell the lot as commercial. Pir. Boardman pointed out that Mr. Fretag's lot r�as zoned as R-j. Chairperson FIarris said that the only �aay to be able to put another'street in rrould be to condemn land for the right of tvay, rrhich rrould, then, m�ze the adjacent lot unbuildable as a Commercial lot.' J•;s. Sclmabel didn't believe that the -0ity Council ��ould condemn land for a right of �vay since there t��ould be an alternate ��ay to rench the duplexes. 1M Mr. Fretag of 3106 - 61st Avenue tdorth indicated to the �lannin� Commi:,sion that both he and Mr. �vert Svanson of 25� Ylindsor Lane (the property o��rner) had approached �he neighbor directly ?iorth of his property and offered them $20,000 for the back 1/3 of the lot.and the additional 25 feet that �rould ena.ble them to run the road into the area from Central Avenue. He said that the neighbor had refused the offer. IIe said that they had tried to come up erith other alternatives, but none of them seemed advantageous to Mr. Seranson. Mr. Boardman said that he did understand that Mr. I'retag had tried to nurchase the lznd from the nei�hbor. He �•ras only saying that another alternative trould be to have the city condemn the land for the road right of vray. He said that he wasn't telling the City they should, just that it ivould be another alternative for the petitioner. Chairperson Harris said that b3 using condemnation to get the road risht of rfay, the City may end up having to pay for tne entire lot because by taking that 30 feet, it v�ould almost maYe the lot unbuildable as a C-1. Mr. Boardman said that it could be buildable as C-1 since the Code indicated minimum frontage of 160 feet or a total lot size of 20,000 square feet, He said that the remaining lot, after the condemnation, uould be just about 20,000 sq ft, Chairperson Harris asked if all the pe'titioner's proposed lots met all the requirements, Mr. Boardman indicated that P4r. Fretag's entire plan met all the requirements, Chairperson Harris asked ho��r the area would be serviced, Mr. I'reta� said that all the service ��rauld be underground, Ms. Schnabel aslced if all the duplexes rrould be built at once, and if they ��ould be built for sale purposes. Mr. 1�'retag said that until the rreather got better, they vtould only build one duplex at a time, He said that they e�ould crorli on more than one at a time once the t�eather got �•rarmer. He indicated that all ten of them r�ould be completed in a 12-month period of time, Iie also indicated that all of the duplexes N�ould be built for sale purposes. Mr. Fretag said that there ciould be 1,150 square feet per unit and that the units �rould Ue 2-story units, He said that the unit� crauld be priced in the �90,000 bracket. i r� Mr. Virni� of 1365 - 73rd Itvenue Id� (adjacent land oemer) said that he had the same comments that he hacl previously vihen this property had been discucsed, IIe i��anted any as�essments involved vrith the property to be absorbed by the area and not passed on to the adjacent landorinere in form of taxes, etc. }Ie said that he had no objections to the plan. MOTIOtd by t4r. Lan�enfeld, seconded by Mr. Oquist, to clo�e the Public Hearing. Upon a voice vote, all votin� aye, the motion carried unanimously. The Public Hearing r�as closed at 9:58 P.t•t. ASOTION by Ms. Schnabel, seconc:ed by P�ir. Langenfeld, that the Planning Corinission recor�nend �pproval of the proposed prelitninary Plat� P,�. ;r`77-07� �vert�s f.ddition, by llrthur L. Pretag: Being a replat of I,ot 19� Er,cept the East 190 feet thereof; and except the ':lest 17 feet tal:en for hi�hl�ray purposes; and the v�est iy7,74 feet of Lot 18, all in Auclitor�s Subdivision No. 129. (Thi� preli�inary plat replaces Central To�rnhouse Plat) (Not recorded) and is generally located at the intersection of 73rd Avenue and Central Avenue I1.E, r�ith the understanding that as approved in the nreceeding re-�lat request that the assessrnents for the curbing� sei�ers� ��a{;er, be assessed to the Petitioner and not assessed to the adjacent nroperty o�.rners, Also that the easernents as sho�.�rn on Exhibit �1 be dedicated and that the property +o the iast of the access road be dedicated to the property o�•rner at 1365 - 73rd l�venue NE as sho��rn on �xhiUit A. Uoon a voice vote, all votin� aye� the moticn carried unlni;nously. Chairperson Harris declared a ten minute break.at 10:Ot�- P.P4. Mr. Oquist left the meeting at 10:04 P.M.. due to a previous co�nmitment. 6. COPdTIRTUI�P: P.�P�It F: OP�.TT SPl,CE PLAPI Mr, Boarc�:�an commented that at the previous Planning Commission meetin� the statement had been raade that the reason for the Parlc �: Open Space Plan being done ^ras for fundin� purposes, He said that that statement nzd not been true, Ae said that the reason for Parizs and Open Snace plan eras to direct park development for the City of rridley for the purpose of getting a better system than e�hat they had in the City, r4r. Boardman also commented that it had been st�ted at the previous meeting that the Parks & Open Sp�ce Plan cras not a �vorlsino doctmient, iie felt that there had to be changes in the attitudes of the Parks and Recreations Commission and commitment� made to �eet an overall plan. 10 ChairperNon IIarri_.� caid that he had �one to the City Council 1Jorlcshop meetin� on Plovember 28, 1977, and Urought up the point �f acqui�ition of parl; property. Iie said that the City Council indicated they r�ould consider talcing private land for parl; purposes under special conditions. FIe said that they did not state any specific �uidelines. He said that each individual park rrould be handled as an individual ca�e. Chairperson Iiarris felt that it should be indicated on pa�e 20 of the Parks and Open Space Plan that it would be considered. Mr. Boardman sug�ested in�erting the i•rords "Proven need for" in the Nection of "Acquisition�' in I•teighborhood Areas. Chairperson I.arris also su��ested tal-.ing out the percenta�es on pa�e 20. The Conmission members agreed �vith his suggestion. Page 22� C. Regional Park 14s. Schnabel andt•4r. Boar�man collaborated on the rrording and it t�ras a;reed by the raember.s of the Planning Commission to change the i�rordin� to,��Regional Park; An area of Natural �-J�uality oriented to�rards open space activities, Regional Parks usuully conta.in at least 100 acres and are located r;here natural resources occur��. Page 22, D. Coramunity Park Mr. Boardman suggested the item be rerrorded to, "Community Park: e'1n area of natural or ornamental quality for passive outdoor recreation and some field or court games, A CoMmunity pzrlc usually consist of 25 to 50 acres and are placed in proxiraity to other comr�unity facilities and are r�ithin easy reach of all residents of the community,ff The members of the Planning Comc�ission lvere in agreement. Page 22, E. Commun'ity Playfield The Planning Commission suggested rer�ording the item to, "Community Playfield: An area for intense recreational facilities� such as ath.letic fields, consisting of 25 to 50 acres placed� erhen possibZe, in close pro�;imity to secondary schools or other community facilities,�� They t�tanted the term sr�imming pool removed fron the definition, rLnrixixr cohRd2 ��r.orr rarrTirrr, _ nrcrT��rR 7, � g7p par;e i 7 1P Page 22, F. Neighborhood Park Playground: The Planning Commission agreed that that item i�as �vorded OK. ' Page 22� G. 1�[ini ParY. Ms. Schnabel sug�eUted that the item be re1•�orded to, "hfini Park: I•iini Parks a.re snecia.lized facilities serving a concentrated or liu�ited population or specific groups and should be located �•iithin rralising distance of those areaN not served by larger park �ites, They should be less th�.n 1 acre in size,�� The other members of the Plennin� Comr.lission abreed r�ith the leaving out of the ter:as, ��uch as tots or senior citizens�� Page 22, fI. Open Spa.ce Mr. Boardman su��ested that H be ree�orded to, "H. Open Space/Linear Park, He also said that any percentages should be left out of all the descriptions. Chairperson IIarris said that Tables 2,3,4, & 5 should be left out, He sa.id that the drar�ings could be left in and that some of the concepts should be inte�rated into the definitions of the parks & Cpens Space Plan. Page 23, Recommendution 2 T�Ir. Boardman szid that he r�ould indicate that the Planning Commission had tnany questions on the recommendation. Chairperson Harris said that it seemed lilce the recommendation su�gests reserving land for possible future use. IIe �ranted it clarified. Page 23, P,ecor�mendation 3 P4r. Boardman saicl that rrhat had to be done ivas to insure that park fncilities are available to service the pooulation, that rre don't double-up on the services, It should service the needs and not over- service the population. He said that the objective was to develop an order of parlc facilities that ciould be flexible to the changing needs of the population. Ptr. Boardnatt that it referred to the compatibility . of the different u�es in the parl�s and each of the areas should be developed accordingly. PLA1TPdTtIC; C�t9142."„^,IDtI M???:T7P1(", - nrC,^��iPRI2 7, 1�77 Pa�;e 1�' 1 Q ;. t7r, Boardman aaid that he r�ould loolt into the actual nurpose of this recommenaation and let {:he Planning Cmmmission knoi�r ti�ihat it .�a� trying to accoinplish. Page 23, Recommendation 4 The Plannin� Commission s•ras in agreement ��ith that reconmendation. Page 23, Recommendation 5 It ��as decided by the Planning Cornmission that this reconmendation belongec; under Objective 3, Page 23� Objective 2� Policies 1£� 2 The Planning Cor,imission agreed riith these items. Page 23, Recommendation 1 at the boitom of the page The Planning Commission sug6ested leaving out the word ��immediate", Page 2i�, Recommendation 2 The Planning CoMmission suggested leaving out the ti�ord t��arly", Page 24, RecoMraendation 3 The Planning Commission agreed �vith the item. Page 24, Recommendation 4. Mr. Boardman said that the recoMmendation rras to either develop the parlcs indicated under the recoMmendation as park property or else be dedicated or sold. It r�as suggested by hir, Langenfeld and P•is. Schnabel to add a RecomMendation 5 under Objective 2. It r�ould be raorded, "Conservation of Energy and Protection of facilities from vandalisr��. MOTIOI�T by t�is. Schnabel, seconded by Air. Langenfeld to continue the Parks & Open Space Plan, Upon a voice vote, all voting aye, the motion carried unanimously at 11:1�2 P�gS. ?. REC�IVE COt•ItfUNITY D�VEF,OPPSI:NT COMAfISSION A4INUT�S: NOV�iB�R 15, 1977 MOTION by Pts� Schnabel, seconcled by pir, Langenfeld, to receive the Comnunity Development Commission minute� of Plovenber 15, 1977, t4r. Lan�enfeld asked if the Planning•Commission riould like Mr. Ron Lo�lten from Bloomington to talk to the Commicsion re�ardin� the Proposed Tloise Con�rol Ordinance and hoer it vras handled in Bloonin�ton. Chairperson Iiarris said that that tvould be agreeable and informative. 1R UPON A VOIC� VOTy, all votin� aye� the motion carxied unanimously. The minutes crere received at 1 1; 4t� p.t4. 8. Ri.CPIV.� APP�!�?,S rp,.?p.qISSIO"? t1ITFUTrS: IdOV:34BTP. 29, 1977 MOTIOPI by Ms. Schnabel, seconded by t�ir, Langenfeld, to receive the Appeals Comr�ission Minutes of i�tovember 29, �977. tis. Schnabel indicated that the discussion on Council Action on Variance on si�n for P,eal Estate 10 at 951 :-?illrrind Road P?y had occurred because at the time the llppeals Coc�mission first heard the request they didn�t liave the pictures. l�fter the meetin� the Staff person had gone out and tal.en pictures depicting the visibilit� of the Real i.state 10 building on Hill�rind Road Y�?F, from Interstate 694. She saici that at the follo��ring Appezls Commission meetin;, the Commission sa��r the pictures and the Commission felt very differently about the decision that tney had previously made. The Comnission had asked thut the pic{:ures be shoE•m to the City Council at tlie time of the request and that the �ppeals CoMmission's feelings be oxoressed. She said t:�at the Appeals Commission had not been sure that that had happened, She said that she had stated at the lropeals Commission that she sometimes felt that at the time the petitioners have to appear at previous Commissions before they appear before the City Council it is like a trial ru�z, She said that eahen the roetitioner gets before the City Council they nave it all figured out as to horr to state their case. UPON A VOIC� VOTE, all votin� aye, ihe motion carried unanimously. The minutes c�ere received at 11:51 p�Pq� � MOTION by PIr. the November Commission. Langenfeld, seconded by p4s, Sclinabel, to receive 28, 1977, minutes of the Parks & Recreation Chairperson fIarris 1Uked rihat i�as attempted to be accomplished by handling the Applications of �iaturalist/Resource Coordinator position in the manner described. P1r, Boardman said that he rrasn't sure rrhal; the position tianuld involve. IIe explained that the previous person l�ad accepted another position. U1'OId :1 VOIC� VOT�, all votin� aye the motion clrried unanimously. The minutes �rere received ,�t 11:5�3 P.PS. PI,At11dIN� CC,1�I•iTS.",I01111?;^TII�ir, _ nr�?�.1RrR 7� 1�377 Pn�e 7_0 1 $ 10. MOTIOI•I by Air. Lan��nfeld, seconded by Ms. Schnabel, to receive the November 22� 1977, minutes of the �nvironmental �uality Commission. Mr. Langen€eld said that he had talcen it upon himself to define the term� used in discussin� the P�oi.�e Pollution Ordinance because the terms a.re used so often and many times people don�t even knoiv r�hat the ��ords �ean, UPGPI !1 VOICE UOT�, all voting aye, the motion carried unanimously. The r�inutes ,iere received at ti:55 P.i�. 11. OTHP,R BUSIN�S5 Mr. Boardman cor�mented that many people in the Commissions vrere goino to conferences, etc. He s�id that it should be upon the Cor�mission to approve rrhether or not a member goes to a conference or not and then be sure that monies are available. Mr, Boardman ex�lained severa.l fundinos that had been applied for by the City of Fridley and the programs that already had fundings approved, Mr. Boardman exnlained the pronosed bikertay system to the Planning Commission. AD30URPR4FP?T t�I0TI0N by tis. Schnabel� seconded by t�ir, Langenfeld, to adjourn the DeceMber 7, 1g77, Planning ComnisUion meeting. Upon a voice vote, all voting aye, the motion carried unaniMOUSly. Chairperson Harris cieclared the meeting adjourned at 12:09 A.M. Respectfully subLnitted� hiaryL-e Carhill Recording Secretary iTi'1 • IT Hk�SC�-I�1��li��i� COI�PANY Pirst Western Bank Building e 88p0 W. Hiyhway 7 e Minneapolis, Minnesota 55426 • 612-933-7722 December 5, 1977 City of Fridley Planning Commission Fridley City Hall 6431 University Avenue Northeast Fridley, MN 55432 RE: Rezoning Request Z�A #77-05 Dear Sirs: As the managing agents for Meadow Run Apartments, which are located adjacent to the property at 7899 East River Road N.E., we are in favor of rezoning the property from C-25 to C-15. We understand that a 7-11 Store is to be built on that location. Such a store would not only benefit the residents of our 295 apartments, but also the �surrounding neighborhood. Sincere y, �. C�� ohn Benton roperty Manager cc: J. Raymond, Dteadow Run Apartments Professional Property Management � Rcal Estale Market Research s Feasibilily Studies and Consultation W //4 [1�RNER C/r/l'i f'1 / ,S,y K, lf � � 1 � . I. � i r . � I • �� 1;�`,� �� > ,.•�, N ��c; �. eo / �i � Y� Ni�. " . A�..��y_....i..,_ �- � . 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' -----.�- _ . _..... �. � _..._. . �. - ��r� -�.'t� -�i�{'��zC�-�'�(3.-�: --- 2 MEMO T0: Nasim M. Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Public Works Director DATE: December 14, 1977 SUBJECT: Architect for Municipal Garage Expansion Please be advised that the Public Works Department is ready to proceed with the proposed expansion to the Municipal Garage. As you are aware, the proposed expansion was discussed with the City Council during preparation and subsequent approval of the 1978 budget. At this time it is requested that the City Council consider retaining an architect to prepare plans, specifications and estimates and coordinate the construction of the proposed expansion. Attached please find a standard agreement which would retain the architectural firm of Patch Erickson Madson, Inc. Patch Erickson Madson, Inc. is being recommended since they have previously provided excellent service to the City for performance assoc- iated with the construction of the Municipal Liquor Store and expansion to the original P4unicipal Garage. Their previous envolvement with the Municipal Garage will allow knowledge of the existing facility which should be helpful in final' design and construction. It is requested that the Council consider execution of the agreement at the Council Meeting of December 19, 1977. RNS/jm 2A Erickson Madson Inc. Architects & Planners 2311 Wayzata Bivd. Minneapolis Mn. 55405 (612/374-3490) December 6, 1977 Richard N. Sobiech Fridley City Hall 6431 University Ave. NE Fridley, MN 55432 Re: Addition to Fridley City Garage Dear Mr. Sobiech: In accordance with our discussion regarding the proposed new addition to the city garage today, I am enclosing architect/owner agreements in duplicate for the owner's approval. Please give me a call if you have any questions. We are looking forward to working with you and will await your call. Sin erely, 1 � (�� Roger W. Patch RWP:Itb enclosures THE AMERICAN INSTITUTE OF ARCHITECTS � 2� \ i. +';� . _ ��,Yf ,� AIA Document 8149 S�anda�d �or� o� Agr��ae�� e�r� Ovvn�� a�ad Archi��c� 1977 EDITION � 7Ht5 DOCUMENT HAS (MPORTANT LEGAL CONSfQUENCfS; CONSUL7A710N LNITH � � AN ATIORNEY IS ENCOUR.4GED WlTH RfSPECT TO ITS CO�NPLETfON OR MODIFICATfON AGREEMENT made as of the sixth day of December in the year of Nineteen Hundred and seventy-seven BETWEEN the Owner: City of Fridley, Minnesota, acting through its duly elected Council, 6431 University Ave. NE, Fridley, MN 55432 and the Architec:: Patch Erickson Madson, Inc., 2311 Wayzata Blvd., Minneapolis, hiN 55405 Forthe following Project: An addition to a Fridley City Garage (lnclude deWiled descripBon of Project focation and scope.) � The Owner and the Architect agree as set forth below. Copyri8ht 19/7. 79'!6, 1A16. t9i1. 7953. 7950, t961. '1763. 7966. 1967, 1970, tM4. O 1977 by Thc American Instilule � of Arthitects, 1D5 New York Avenue, N.W., Washin6�on, U.C. 20D06. Reprodu<tion of Ihc matcrial hercin or . wbslanUal qumalion ol i1s pro�4sions wilFwut permission of the AIA violrtes the mpyright lans of the United Sbles and will be subject to Iegal proseculian. MA DOCUAtENT B1J7 • OWNE6-ARCHITECT AGREEMENT • 1'HIRTECNTH EDRION •)UlY 1977 . AtAe .� 7977 THE AAtERICAN INSfITUIE OF ARCHITCQS, 7i75 NEW YORK AVENUE� N.W., WASHING70N, D.C. 2000G B�4'I-�B%7 � TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SfRVIGES AND RESPON51131LITIES BASIC SERVECES The Architect's Basic Services consis[ of the five phases descri�ed in ParagrapRs 7.'I through 7.5 and include normal structural, mechanical and electrical engineering servirns and any other services included in Article 15 as part of Basic Services. 1.1 SCHEMATIC DESICN PHASE '1.1.1 Tfie Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall review the understanding of such requirements with the Owner. 1.1.2 The Architect shall provide a preliminary evalua- tion of the program and the Project budget requirements, each in terms of the other, su6ject to the limitations set forth in Subparagraph 3.2.1. 1.1.3 The Architect shall review with the Owner alterna- tive.approaches to design and construction of the Project. 1.'I.4 Based on the mutually agreed upon progrem and Project budget requirements, the Architect shall prepare, for approval by [he Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 1.7.5 7he Architect shall submit to the Owner a State- men[ of Probable Construction Cost based on current area, volume or other unit costs. 9,2 DESIGN DEVELOPMENT PHASE 7.2.1 Based on the approved Schematic Design Docu- ments and any adjustments authorized by the Owner in the program or Project budget, the Architect shall pre- pare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, strucwral, mechanical and elec- trical systems, materials and such other elements as may be appropriate. 1.2.2 The Architect shall submit ro ihe Owner a further Statement of Probable Construction Cost Y.3 CONSTRUCTION DOCUMENTS PHASE 1.3.1 Based on tfie approved Design Development Doc- uments and any fur[her adjustmen[s in the scope or qual- ity of the Project or in the Project budget authorized by the Owner, the Architect shall prepare, for approval by thc Owner, Cons[roction Documents consisting of Draw- ings and Specitications setting forth in detail the require- ments (or the construction of the Project. 1.3.2 The Architect shall assist the Owner in the prepara- tion of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agree- ment between the Owncr and the Contractor. 1.3.3 The Architect shall advise the Owner of any adjust- 2C ments to previous Statements of Probable Constraction Cost indicated by changes in requirements or general market conditions. '1.3.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over ihe Project. 1,4 BIDDING OR NEGOTIATION PHASE '1.4.1 The Architect, following the Owner's approvai of the Construction Documents and of the fatest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for construction. 1.5 CpNSTRUCTION PHASE—ADMINlSTRATiON OF THE CONSTRUCTION CONTRACT 1.5.1 The Construction Phase will commence with the award of the Contrad for Construction and, together with the Architect's obligation to provide Basic S�rvices under this Agreement, will terminate when final payment to the Contractor is due, or in the absence of a Finai Certificate tor Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs first. �.5.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shali provide administration of the Contract for Construo- tion as se[ forth below and in the edition of AIA Docu- ment A20�, General Conditions of the Contrac[ for Con- struction, current as of the date of this Agreement. 1.5.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the O�ti-ner. Instructions to the Contrac- tor shall be forwarded through the Architect: The Archi- tect shail have authoriry to act on behalf of the Owner only to the extent provided in the Contrac[ Documents unless othenvise modified by written instrument in ac- cordance wi[h Subparagraph 7.5.'16. 15.4 The Architect shall visit the site at inten�als ap- propriate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and ryuafity of the Work and to determine in general if the 4Vork is proceeding in accord- ance with the Contract Documents. However, the Archi- tect shall not be required ro make exhausti��e or con- tinuous on-site inspections ro check the quality or quan- tity of the Work. On the basis of such on-site o6serva- tions as an architect, the Architect shall keep the Owner intormed of the progress and quality of the INork, and shall endcavor to guard [he Owner against defects and deficiencies in the Work of the Contracror. 1.5.5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safery precautions and programs in connection with the Work, tor the acts or omissions of the Co t S b n racror, u - AU DOCUMENT 01�11 • OLl'NER-ARCHITECT AGREEMENT . Tf11RTEENTH CDITION • �ULY 7977. THE AMERfCAN WSTITUTE OF ARCH�T4Q5, 7775 NEW YORK AVENUE, N.\V., W�SHINGTON,iAD.C.�4U0fiG e 6141 1977 rnntractors or any other persons performing any of the Work, or for thc failure of any of them to carry out ihe Work in accordance with the Contract Documents. 1,5.6 The Architect shall at aU limes have access to the Wock wherever it is in preparation or progress. 1.SJ The Arc6itect shall determine the amounts owing to tfie Contractor based on observations at the site and on c�aluations of the Con[rac[or's Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. 1.5.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph �.5.4 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the qual- ity of th� Work is in accordance with the Contract Docu- ments (subject to an evaluation of the Work for con- �formance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- rectable prior to completion, and to any specific qualifica- tions stated in the Certificate for Payment); and that the CoMracror is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.5,9 The Architec[ shall be the interpreter of the re- quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractoc The Architect shall render interpretations nec- essary for the proper execution or progress of the Work wiih reas�nable promptness on written request of either the O�mer ur the Contractor, and shall render written de- cisions, �vi!'i:in a reasonablc time, on all daims, disputes and othec i:>, r,ers in question between the Owner and the ContradUe r<lating to the execution or progress of the Work or t}�t interpretation of the Contract Documents. '1.5.10 Interpretations and decisions of the Architect shali be consistent with the intent of and reasonably inferebie from the Contract Documents and shall be in �vritten or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful perform- ance by both the Owner and the Contracror, shall not show partialiry fo either, and shall not be liable for the tesult of any interpretation or decision rendered in goud faith in such capacity. 7.5.17 The Arcfiitect's decisions in matters relating to artisEic effect shall be final if consistent with the intent of the Contract Documents. The ArchitecYs decisions on any other claims, disputes or other matters, induding lhose in question between the Owner and the Contractor, shall be subject to arbitration as provided in this Agree- ment and in the CoMract Documents. 1.S.T2 The Architect shall have authority to reject Work which does not conform to the CoMract Documents. Whenever, in the Architect's reasonable opinion, it is 2D necessary or advisable for thc implementation of the intent of the ConVact Documents, the Architect will have author- ity ro require special inspection or testing of the Work in accordance with the provisions of thc Contract Docu- ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.'13 The Archi[ect shall review and approve or take other appropriate action upon the ContractoPs submittals such as Shop Drowings, Product Data and Samples, but only for wnformance with the design concept of the Work and with the information given in the Con[ract Documents. Such action shafl be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the item is a component. 'I.5.14 The Architec[ shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involving an adjustment in the Contrac[ Sum or an extension of the CoMraU Time evhich are not inconsistent �vi[h [he intent of the Contract Documents 1.5.15 The Architect shall conduct inspections to de[er- mine the Dates of Substantial Completion and final com- pletion, shall receive and forward to the Owner for the Owner's review written warrenties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certiiicate for Pay- ment 1.5.16 The extent of tfie duties, responsibilities and lim- itations of authority of the Architect as the Owner's rep- resentative during construction shall not be modified or extended without written consent of the Owner, the Con- tractor and the Architect. 7,6 PRO�ECT REPRESENTATION BEYOND BASIC SERVICES 7.6.1 If the Owner and Architect agree that more ex- tensive representation at the site than is described •in Paragraph �.5 shall be provided, the Architect shall pro- vide one or more Project Representatives to assist the Architect in carrying out such responsibilities at the site. 1.6.2 Such Project Represen[atives shall be selected, em- ployed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed be- tween the Owner and the Archirect as set forth in an ex- hibit appended to this Agreement, which shall describe the duties, responsibili[ies and limitations of authority of such Project Representa[ives. � 1.6.3 Through the observations by such Project Repre- senWtives, the Architect shall endeavor to provide further protection for the Owner aoainst defects and deficiencies in the Work, but the furnishing of such project representa- tion shall not modify the riglits, responsibilities or obliga- tions of the Architect as described in Paragraph 1.5. �,7 ADDITIONAL SERVICES The following Services are not inciuded in Basic Services unless so identificd in Article 15. Tliey shall be provided if authorized or con(irmed in writing by the Owner, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. AIA DOCUMENT Btii • ON'NER-ARCHIIkCT AGBEF.MENI' • THIRTF,ENTH EDITIUN • �ULY 191T • AIA'� • p7977 4 B'I�i1-1977 THE AM[RICAN WSTITUTE OF ARGHITCQS, V35 hCW YORK AVCNUE, N.W., \VASIIINGTON, D.C. 200D6 1.7J Providing analyses of thc Ownels needs, and pro- gramming the requirements o( the ProjecP. '1.7.2 Providing financiaf feasibiliry or other special studies. 1J3 Providing planning surveys, site evaluations, envi- ronmental studies nr comparetive studies of prospective sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.7.4 Providing services relative to future facilities, sys- tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verifythe accuracy of drawings or other information fur- nished by the Owner. '1.7.6 Preparing documents of alternate, separate or , sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documen[s Phase, when requested by the O�vner. 'IJJ Providin� coordina[ion of Work peeformed by separate contractors or by the OwnePs own forces. 'IJ.8 Providing services in connection with the work of a construction manager or separate consuitants retained by the Owner. 'IJ.9 Providing Detailed Estimates of Construdion Cost, analyses of owning and operating wsts, or detailed quan- tity surveys or inventories of material, equipmen[ and labor. 1J.'10 Providing interior design and other similar ser- vices required for or in connection with the selection, prowrement or installation of fumiture, fumishings and related equipment 1.7.11 Providing services for planning tenant or rental spaces. '1.7.72 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the tontrol of the Architect. 1.7.13 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders [o the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- stmction Cost is not commensurate with the services re- quired of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. t.7.14 Making investigations, survcys, valuations, inven- tories or deWiled appraisals of existing facilities, and serv- ices required in connection with construction performed by the Owner. 1.7.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- 2E struction, and (urnishing services as may he required in eonnection with the mpJacement of such Work. 1J.16 Providing seroices made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contractfor Construction. 7J.'V Preparing a set of reproducible rncord drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data fumished by the Contractor to [he Architect. 7.7.7II Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, adjus[ing and balancing, preparation of operetion and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1J.'19 Providing services aFter issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Da[e of Substantial Completion of the Work. 1.7.20 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration pro- ceeding or legal proceeding. '1.7.21 Providing services of consultants for other than the normal architectural, struUural, mechanical and elec- � trical engineering services for the Project. 'IJ.22 Providing any other services not otherwise in- cluded in tfiis Agreement or not wscomarify fumished in accordance with generally accepted architectural practice. 7,g TIME 'I.B.� The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional 5kill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval, a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for peri- ods of [ime required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over ihe ProjecL Tiiis schedule, wfien approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 TNE OWNER'S RESPONSIBILI7IES 2.7 The Owner shall provide full information regarding requirements for tHe Project induding a program, which shall set forth the Owner's design objec[ives, constraints and criteria, including space requirements and relation- ships, flexibility and expandability, special equipment and systems and site requirements. 2.2 If the Owner provides a budget for the Project it shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner, induding those described in this Article 2 and in Subparagraph 3.1.2. The Owner shali, at the request of the Architect, provide a statement of funds available for the Project, and �heir source. AIA DOCUMENT Bt47 • OWNlR-ARCHRCQ AG6ElhtENi • iHIBTElNTH EDITION • �UIY l97) � AIAO . p lg)7 ' THE AMERICAN INSiiTUTE Of ARCHITECTS, V35 NE\V YORK AVENUE, N.\V., \1'ASIIINGTON, D.G i0006 B'Ia'I-yBi% S 2.3 The Owner shall designatc, when necessary, a rep- resentati�e authorized ro act in the Owner's behalf with respect to the Project The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto prompdy, ta avoid unreawnable delay in the progress of the ArchitecYS services. 2.4 The Owner shali furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of sVeets, alleys, pavements and adjoin- ing property; rights-of-way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and conrours of the site; locations, dimensions and complete da[a per[ainin� to exisling buildings, other improvements and trees; and fuil information concerning available serv- ice and utility lines both pubiic and private, above and below grade, including inverts and depths. 2.5 The Owner sha11 furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, iest pits, soil bearing values, percolation tests, air and ovater pollution tests, ground corrosion and resistivity tests, including necessary operetions for determining sub- soil, air and water conditions, with reports and appropri- ate professional recommendations. 2.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2J The Owner shall fumish all legal, accounting and in- surance counseling services as may be necessary at any time for the Project, including such auditing services as the �wner may require to verify the Contractor's Applica- tions for Payment ar to ascertain how or for what pur- poses the Contracror uses the moneys paid by or on be- half of the Owner. 2.8 The services, information, surveys and reports re- quired by Paragraphs 2.4 through 2.7 inclusive shall be tuenished at the Owner's expense, and the Architect shall be entided to rely upon the accuracy and completeness tfiereof. 2.9 If the Owner observes or othenvise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.10 The Owner shalt fumish required information and services and shall render approvals and decisions as ex- peditiously as necessary for the orderly progress of the �rchitect's services and of the Work. ARTICLE 3 CONSTRUCTION COST 3,� DEFINITION 3.1.7 The Construction Cost shall be the roWl cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall indude at current market rates, induding a reasonable allowance for over- head and pro(it, the mst of labor and materials fumished by the Owner aod any equipment which has been de- 2F signed, speci(ied, selected or speciaily provided for by the ArchitecL • 3J.3 Construction Cost does not include the compen- sation of the Architect and the Mchitecf's consulWnts, the cost of the land, rights-of-�vay, or other costs which arc the responsibility of the Owner as provided in Arti- cle 2. 3,Z RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1 Evaluations oF the Owner's Project budget, State- ments of Probable Construction Co>t and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Archilect's 6est judgmen[ as a design professional familiar with the construction indus- try. It is recognized, however, that neither the Architec[ nor the Owner has control over the cost of labor, mate- rials or equipment, over the Contractor's methods of de- termining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Archi- tect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition oPthis Agreement by the fumishing, proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragiaph 2.2 or othenvise, unless such fixed limit fias been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been estab- lishecl, the Archi(ect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- [ermine what materials, equipment, component systems and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the scope of the Project and ro include in the Contract Docu- ments altemate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shail be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construdion. 3.2.3 If [he Bidding or Negotiation Phase has not com- menced within three months after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be ad- justed to reflect any change in the general level of prices in the construction industry� between the date of submis- sion of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 ff a Project budget or fixed limit of Construction Cos[ (adjusted as provided in Subparegraph 32.3) is ex- ceeded 6y the lowest bona fide bid or negotiated pro- posal, the Owner shall (1) give written approvat of an increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable [ime, (3) if the Project is abandoned, terminate in accordance with Paragraph 10.2, or (4) cooperate in revising the Project scope and quality as required [o reduce the Construction Cost. In the case ot (4), provided a fixed limit of Construc- lion Cost has been established as a condition of thisAgree- ment, the Architect, without additional charge, shafl mod- ify the Drawings and Specifications as necessary to comply AIA DONMF.NT tl141 • OWNE[�ARCHITK! AGREEAIfNT • TH�RTEENTH EDITION • �ULY 1977 � AUa . p 1917 6 BiO'I-'I�Ji% THE MIERIGN INSTIIUTC OF ARCFIITECTS, 173i NCW YORK AVENUk, NSY., WASHIKGTON� D.C. 30006 � �vith the fixed limit 7he providing of such service shall be lhe limit of the Architect's responsibility arising from the establishment of suth fixed limit, and having done so, the Architect shall be entitled to compensation for ali services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. ARTICLE 4 D1REC7' PERSONNEL EXPENSE 4.'I Direct Personnel Expense is defined as the direct sal- aries of all the ArchitecYs personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and customary contributions and benefits related Ihereto, suc6 as employment taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REtMBURSABLE EXPENSES S.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and indude actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the Project for the expenses listed in the following Sub- paragraphr. 5.1.'I Expense of [ranspor[ation in connection with the Project; living expenses in connection with out-of-town travel; Iong distance communications, and fees paid for securing approval of authorities having jurisdiction over the Project 5.7,2. Expense of reproductions, postage and handling of Drawings, Specifications and other documentr, excluding reproductions for the office use of the Architect and the Architec['s consultants. 5.7.3 Expense of data processing and photographic pro- duction techniques when used in connection with Addi- tional Services. 5.'1.4 li authorized in advance by the Owner, expense of overt+me work requiring higher than mgular rates. 5.'IS Expense of renderings, models and mock-ups re- quested by the Owner. 5.1.6 Expense of any additional insurance coverage or limits, induding professional liability insurance, requested by the Owrter in excess of that normaliy carried by the Architect and the Architect's considtants. ARTICLE b PAYMENTS TO THE ARCHITECT (�,� . PAYMfNTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initial payment as set forth in Paragraph 14.'1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase of services, on the basis set forth in Arlicle'14. 6.1.3 If and to the extent that the Contrect Time initially established in the Contract for Construction is exceeded 2G or extended through no fault of the Architect, compensa- tion tor any 6asic Serviees required far such extended period of Administration of thc Cnnstruction Contract shall be computed as see forth in Paragraph 14.4 for Ad�i- tional 5ervims. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 14.2.2, based on (1) the lowest bona fide 6id or negotiated proposal or, (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or Detailed Esti- mate of Construction Cost for such portions of the Project. b,Z PAYMENTS ON ACCOUNT OF . ADDlT10NAL SERVICES 6.2.7 Payments on account of the Architec['s Additional Services as defined in Paragraph 1.7 and for Reimbursable Expenses as defined in Artide 5 shall be made monthly upon presentation of the Architect's statemenY of services rendered or expenses incurred. 6.3 PA1'MENTS WITHHELD 6.3.7 No deductions shall be made from the ArchitecYs compensation on account of penalty, liquidated damages or other sums withheld from payments tc con[ractors, or on account of the cost of changes in the Work olher than those for which the Architect is heid legally liable. 6.4 PROJECT SUSPENSION OR TERMINATION 6.4.� If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all scrvices performed prior to reteip[ of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph '10.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjus[ed. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.7 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the O�vner's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHtP AND USE O� DOCUMENTS 6.7 Drawings and Specifications as instruments of serv- ice are and shail remain the property of the Architect whether the Project for which they are made is exewted or not. The Owner shall be permitted ro reWin copies, in- cluding reproducible copies, of Drawings and Specifica- tions for information and reference im m�nection with the OKmer's use and occupancy of lhe Projec[. The Dra�vings and Specifications shall not be used by the Owner on AIA DONMENT 0141 • O\VNCB-A6CHITkCf AGREEh1ENT • Tt11HTFENiH F.DI�ION • �ULY 7977 • AIAm . OO 7977 THE AMERIGN INS71iUTE 6F ARCHI7[CTS, 7715 NEW YORK AVENUE, N.SY., WASIII.uGTON, D.C. 2000G B�¢1-�97i i other projects, for additions ro this Project, or for compte- tion ot this Project by others provided the Architect is not in default under Ihis Agreement, except 6y agreement in writing and with appropriate compensation to the Archi- tect. 8.2 Submission or distribution to meet official regufatory requimments or for other purposes in connection �vith the Project is not ro be construed as publication in derogation of the Architect's rights. ARTICLE 9 ARBITRATION 9.1 AII claims, disputes and o[her matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall 6e decided by arbit�ation in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutu- atly agree otherwise, No arbitration, arising out of or re- lating to this Agreement, shall indude, by consolidation, joinder or in any other manner, any additional person not a par[y to this Agreement except by written consent con- taining a speciFic reference to this Agreement and signed by the Architect, the O�vner, and any other person sought [o be joined. Any mnsent to arbitration involving an ad- ditional person or persons shall not constitute consent ro arbitration of any dispute not described therein or with any person not named or described therein. This Agree- ment to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically eqforceable under the prevailing arbitration law. 9.2 Notice of the demand (or arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall 6e made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitretion be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question �vould be barred by the applicable statute of limitations. 9.3 The award rendered by the arbitretors shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 'IO 7fRM1NAT10N OF AGREEMENT 70J 1'hisAgreement may be terminated by either party upon seven days' written notice should the other party fail Substantially to perform in accordance with its terms through no fauh of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event tha[ [he Project is permanendy abandoned. '10.3 M the event of termination not the fault of lhe Ar- chitect, the Architec[ shall be compensated for all services performed to termination date, rogether with Rcimburs- able Expenses then due and all Termination Expenses as defined in Paragraph 10.4. 2 l� 10.4 Termination Expenses include expenses directly at- tributabfe ro termination for which the Architect is not othenvise compensated, plus an amount computed as a percentage o( the total Basic and Additional Compensa- tion earned to the time of termination, as follows: .1 20 percent if termination occurs during the Sche- ma[ic Design Phase; or .2 1D percent if termination occurs duriog the Design Development Phase; or .3 5 percent if termination oaurs during any subse- quent phase. ARTICLE 1'1 MISCELLANEOUS PROVISI�NS 71.� Unless othenvise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. �1.2 Terms in this Agreement shall have the same mean- ing as those in AIA Document A201, General Conditions of the Contract for Construction, w«ent as of the date of this Agreement. 77.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to act o�curring after the relevant Date of Substan�ial Compietion, not later than the date of issuance of the final Certi(icate for Payment. 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult- ants, agents and employees of the other for damages cov- ered by any property insurance during cons[ruction as set forth in the edition of AIA Document A201, General Con- ditions, current as of the date of thi5 Agreement. The Owner and the Architert each shall require appropriate similar waivers from their coniracrors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS '12,1 The Owner and the Architect, respectively, bind themselves, their parmers, successors, assigns and legal representatives to the other party to this Agreement and to the par[ners, suceessors, assigns and legal representa- tives of such other party �vith respect to all cove�ants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. AR7ICLE �3 EXTENT OF AGREEMENT �3.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agree- ments, either written or or�l. This ngreement may be amended only by written instrument signed by bofh Owner and Architect. � AU DOCUM[NT tli+/ • O\VNER-ANCHITER ALREEMENT • THIRTEENTH EUITION • NLY 1977 • AIA'� • OO 1977 8 614'I-1977 THE AMERICAN INSTI7UTE OF ARCHIiECTS, 17I5 NE\Y YORK AVENUE, N.W., WASHINGTON, D.C. 3W06 2I ARTiCLE �4 BA51S OF COMPENSATION 7he Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the otfier Terms and Conditions of this Agreement, as follows: 94.1 AN INITIAL PAYMENT of N011@ requi red dollars ($ shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 74.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, easic Compensation shall be computed as follows: (Here inzert basis o1 mmpensalion, including lixed amounts, mu7tipks w peicmtaRes, and identi(y Phases fo which partimlar metFods of compensa- lion appfy, il neressaryJ . Eight Per Cent (8%) of the cost of construction of the addition to the Fridley City Garage 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.'1.2, so that Basic Compensation for each Phase shatl equal tRe following percentages of the rotal Basic Compensation payable: (Include any addiiional Phases as appropriate.) Schematic Design Phase: percent ( 15 %) Desig� Development Phase: percent ( 35 %) Construction Documents Phase: percent ( 75 %) Bidding or Nego[iation Phase: percent ( 80 %) construce�onrhase: prorated during construction and billed monthly percent(100%) 14.3 FOR PRO)ECT REPRESENTATION BEYOND [fA51C SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 7.G.2. AIA POCUMENT 8741 • OWNER�ARGhIITFC7 AGREFMENT • TNIRTEENTH EDITION • �ULY 1917 • AIA� • p 1977 THE Ah1ERlCAN IKSTITUTE OF ARCfIITECTS, 1)35 NE�1' YORK AVENVE, N.W., WASHIKGTON, �.G 20006 B141-1977 . 9 2J 14.4 COMPENSATION FOR ADDITIONAL SERVICES '14A."1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1J, and any other scrvices in- cludecl in Article'IS as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as followr. (HCre insert 6asis of tompensation, induding iates and/or mul�iples of Dhec� Prnonnef Cxpense (or P+indpals and employees, and idenlily Principals and dassify employees, if required. Idenlil�• speci(ie Services Io wAidi particular melhods o( mmpensation apPll'• �f necessaryJ Principals at the rate of $40.00 per hour; Principals being Roger W. Patch, Donald M. Erickson and John A. Madson Employees at the rate of two and one-half times direct personnel expense. 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electricai engineering services and those pro�ided under Subparagraph �.7.2� or identified in Article 15 as part of Addi- tional Services, a multiple of 0110 dnd one-fourth ( � a ? times the amounts billed to the Architect for such services. . (lden[ily SAecilie rypes o! Consuftan[s in �lrtide ii, i! requiredJ 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 'i5 as Reim- bursable Expenses, a multiple of ( 1• 0 ) times the amounts ex- pended by the Architect, the Archirect's employees and consultants in the ioterest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principai place of business of the Architect. (Nere inserf any rote of interest agreed uponJ Nsury luws and requirements undci the federul TrWh in [mdinS AcL similur stalr and (ocaf mnsumer credi( la.v; artd othe� rcgulations at Nre Owner's and Architeet's principal pfaces ol business, the locatian o( the P�oject and dsewhere may afiece [Le �alidify of Ihis provisinn. Specilic legaf afi�irn s6ould be o6taineJ ��•i[h respec[ ro deletion, mod!(ication, or othn irquiiemen[s su<h as writtm disdasures nr �vairerz.) 14J The Owner and the Architect agree in accordance �vith the Terms and Conditions of this Agreement tha[: 14J.'I IF THE SCOPE of the Projec[ or of the Architect's Services is changed marerially, the amounts of compensation shall be equitably adjusted. �4.7.2 IF TNE SERVICES covemd by this Agreement have not been completed within twel ve (j 2 months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. � AIA DOCUMENT BiJt • ON'NER-ARCHITECi AGREEhICNT • TIII�.TEENTH EDI710N •�ULY 1977 • AIA� • OO �9%7 �O B�4�-�9%i 7HE AMERICAN IVSTIIUTE Oi ARCIIITECTS, 1fl5 NEK' YOBK AVCwUE, N3Y., WASfI1NCTON, D.G 10006 ZK ART{CLE 15 OTIiER CONDITIONS OR SERVICES A1A OOCUMENT B711 • OWNER-ARCHITER AGREEMENT • THIRTEENTH EDITION • �ULY 1977 • AIA� • �01977 iHE MIERICAN INSTITUTE OF ARCIIITCQS, 1775 NEW VORK AVENUE, N.W., WASHINGiON, D.C. ](IWfi 8141-1977 'I� This AgreemeM entered into as of the day and year fi rs' OWNER BY 2L BY AIA DOCUMENT B747 � OWNER-AIiCHITECT AGREEMENT • THIRiEENTN EDITION • 7ULV 1977 • AIA� � OO t977 IY B'I4'I-'I�I%i iHE AMERICAN INSTITUIE OF ARCNITECfS, t735 NEW YORK AVENIj�, N.W., WASHWGTON, D.C. 20006 �3 MEMO T0: MEMO FROM: DATE: Nasim M. Qureshi, City Manager Richard N. Sobiech, Public Works December 14, 1977 Directo SUBJECT: Bid Opening - Removal & Replacement of Miscel- laneous Concrete Curb & Gutter E Driveway Openings - 1978 On December 13, 1977 sealed bids were received and opened publicly at Fridley Civic Center at 2:00 p.m. Attached is a copy of the bid tabulation as it was submitted. Halvorson Construction Company was the low unit price bidder. Though proposals were mailed to the other listed contractors, they elected not to bid on the project. Halvorson Construction Company performed satisfactory work for the City of Fridley in 1977. It is recommended that the Council award the contract for the referenced project to Halvorson Construction Company. RNS/jm N 1-� � �.�'� � � v�� , � �� o � � � �l' U � � ��a � w � � � .� � �� a � �w �i °o � � :� � � �� N . � � �� '_' Y w ° �� .. � 6 �� Z W Y w a � �s � I` � 0 a W � Y N 1 W � 0 � X m 'i N 0 � � � 0 0 m � �� N1� �MN .� Y � � � � ¢y �� T �o M�ar ��Y3 m r'I . y � N �¢� S � E �+ W� � m z� ¢� �N N N (V .0 N O �O .-1 pN Y (n N 3A � �n � CITY OF FRIDLEY MEMORANDUM T0: CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./fIN. DIR. SUBJECT: LEASE OF SEARS' PROPERTY FOR SN041MOBILING DATE: DECEMBER 16, 1977 We have been waiting for Sears to send the City a lease relating to using the Sears property for snowmobiling. To this date we have not received a copy of the lease. Mr. Anthony Kozie called today (December 16, 1977) stating the company lawyers are working on the lease and that the lease will be mailed Monday. Mr. Kozie called it a license agreement. The lease or agreement, would be quite short. The main points covered by the lease would be insurance coverage, and the City would have to agree to vacate the property should Sears sell it. Because the City Council will not be meeting until January 9, I am asking that the Council authorize the Mayor and the City Manager to sign the agreement, so long as the license a9reement meets the concept and intent of the Council, and meets with the approval of the City Attorney. In this way, the administration can complete the administrative process with the Sears company, and hopefully have the matter consumated before the January 9 meeting. I am assuming the Council will want to proceed with the lease of the property. I am also enclosing a copy of the City Code that relates to snowmobile regulations. It is the recomnendation of the Park and Recreation Director that the hours be left as is provided for in the ordinance, that is, snowmobiling will be permitted from 7:00 a.m. until 10:00 p.m. MCB/sh Attachments � � 703. SNOWMOBILES 703.01. Deli�itiona The tollowing de(initions shall apply in the interpretation and application o( ihis chapter and the followi�g words and terms, wherever they occur in this chapter, are detined as tollows: (Ret. 472) � 7. "Snowmobile" means a selLpropelied vehicle designed tor Iravel on snow or ice or nalural terrain steered by �� wheel3, skis or runners. 2. "Owner" means a person, other than a lien holEer having fhe property in or title to snowmobile, entitled to the usa or possesswn thereol. 3. "Operate" means to ride in or on antl control the operation of a snowmobile. 4. "Operator" means every person who operates or is in aclual physical coniroi o( a snowmobile. 5. "Roadway" means ihat portion of a highway improvetl, designed, or ordinarily used tor vehicular Iravel, including the shoulder. 6. "Street or highway" means ihe enlire width belween boundary lines of any way or place when any part ihereof is open to the use of the public, as a matter o( right, tor the purposes of vehicular tratfic. 7. "Right ol way" means the entire slrip of land traversed by a highway or street in which the public owns the tee or an easement for roadway purposes. - 4A 703.023 DeflnHions 8. "Sa(ety or deadman" throttle is defined as a device which, when pressure is removed from the engine accelerator or throtlle, causes the moto! to be disengaged from the driving track. ��, ��c �-� �. y3 - �� / 03.02 . Operafion D � � � / f � � Operalion C�u- �.t�—C-�11....� No erson shall operate a snowmobile upon the roadway, sh6ulder or inside ban�c or slope ot any trunk, county state ', or wunty highway in this City and, in the case of a divided trunk or counfy highway, or the right of way �Delween opposing lanes of traffic, except as provlded in this Ordinance. No person shall ope a snowmobile w �n the right of way of any trunk, county state aid, or county highway between� hours of � one-half hour after s set to one-half hour before sunrise, ezcept on the iight. hand side of s right of way and In the same direclion as i ighway traffic on the nearest lane o1 the roadway adjac ereto. No snowmobile � shall he operated al any time � hin the right of way of any interstate high of treeway within this state. ':�' � 7,.�� ..(,�,� G Si3 —�/ �7 6^.�j�,—r�'c�� oa.oz2. i � � � , � % No person shal7 operate a snowmobile upon�th i 1 way of any municipal street except �(or the limited t purpose o1 iranspoAing said snowmobile.fro e p ot the owners residence to piopeAy that has been �� aulhorizetl tor snowmobile use. The oDe r ot said snowmo � sAall proceed from the place ot resiAence to an authorized operator area by a dir oute and shall conform jo rovisions of this�Ordinance and other � applicable laws. Operetion ' e dtich or on the outside bankrivithin the ri of way� oi any street or highway : ezcepl interstate hig ys or treeways is Dermittetl in conformance with state law d City ordinances, unless the roadway tlir y abutts a public sidewalk or walkway: Between tne hours ol ane-h hour after sunset to � one-hall h before sunrise, any operation may only be on the righl hand side of such siree highway and in '�the s e direction as the highway tratfic on the nearesl lane of the roadway adjacent there A snowmobile may make a direct crossing of a street or hiphway except �an Interstate highway or freeway, provitled: 1. The crossfng is made at an angle of approximately 90 degrees Io the direction ot ihe slreet or highway and at a place wAere no opstruclion prevenls a quick anC safe crossing. 703-1 4B 703.03 2. The snowmoblle is brouQht to a complete stop belore crossfnp the shoulder or maln traveled way ot the ( hiphway. � . . � � \ 3. The ddver yleids ihe ripAt �of way to all oncominp traffic which constttutes an immediate Dazard. �. In crossing a Oivided street or hiphway, the crossing is made only at an Intersaction of such street or Aighway wfth anolAer pubtic slreet or highway. � - 5. 11 the crossinp ia made belween the hours o1 one-half hour after sunset to one-half hour before sunrise or In condltions of reduced visib'rlity, only if both�front and rear Iiphts are on. 703.024. No snowmobile shall be operated on streels or highways at a speed excaeding 20 miles per hour. T03.025. No snowmobile snail enter any uncontrolled Intersectgion without making a complete stop. The operator shal� then yield the right ot way to any vehicles or pedestrians which constitute an immedlate hazard. 703A28. Notwithstanding any prohibilion in this chapter, a snowmobile may be operated on a public thorouphfare in an emergency during ihe period of tlme when and at locations whe�e snow upon the roadway renders travel by automobile impractical. 703.03. Prohibitfons Prohibitlons Ezcept as otherwise specitically permitted and authorized, it is unlawtul for any person to operate a snowmobile � within the limits ot the City of Fridley: E t. On a public sidewalk or walkway provided or used for pedestrian travel. 2. On private property of a�other without law(ul authority or consent of the owner or occupant. 3. On any publicly owned lands and frozen waters, inciuding but not limited to school grounds, park property, playgrounds, recrealion areas and golt courses, except areas previously IisteO or authorized tor such use by the proper pubiic authority, in which case such use should be lawful and snowmobiles may be driven in and out of such�areas bythe sbortest route. Authorizetl areas o1 lhe City of Fridley owned by the City shall be desigoated by council or authorized administretive personnel. 4. At any place, while under the inlluence ot Intoxicatinp Ilquor or natcotics or haDit forming drugs. 5. At a rate oT speed greater than reasonable or propar un0er all ihe surroundinp circumstances. 6. At any place in a careless, reckless or negllgent manner so as to endanger the person or property of another or to cause injury or damage thereto. 7. So as to tow any person or thing on a public street or hiphway except througA use of a rigi0 tow bar attached fo the rear of the snowmobiie. B. At a speed greater than ten miles an hour when within 100 feet of any lakeshore, nor shall operation be permitletl witAin 100 fcet ot any sliding area or skating rinks, nor where the operation would conflict with the �awtul use of proparty or would endanger other persons or property. In a manner so as to create a loud�, unnecessary or unusual noise whfch dlsturba, annoys or InleAeres with i peace and qufet ot other persona. Durinp the houro from 70:00 P.M, to 7:00 A.M. of any day. _ ��2 703.04. Equlpment . . it is unlawlul lor any person to operale a snowmobile any place withln Iha limits of the City ot Fridley unless Il fs equipped with lhe following: t. Standard mutflers whicA are properly atlached and in conslant operatlon, and which reduce the noise of operation oi ihe molor to the minimum necessary for operation. Mufilers shall comply wilh Regulation CONS. 55 whlch is hereby adopled by reference as i(ezisted on September 1, 1970. No personal shall use a muffler cutoul, by-pass, strai9ht pipe or similar �evice on a snowmobile motor, and the exhaust system shall not emiP or produce a sharp popping or crackling sound. 2. Brakes adeQuate to control the movement of and to stop and hold tAe snowmobile under any conditions ot operalion. � � 3. A safety or so-called "deadman" throttle in operating condition, so thal when pressure is removed from ihe accelerator or throttle, ihe motor is disengaged trom t�e driving track. 4. A1 leasl one clear lamp attached to the front, with suflicient intensity to reveal persons and vehicles at a distance ot at I�ast 100 feel ahead during the hours of darkness under normal atmospheric condi[ions. Such head lamp shall be so aimetl thal 9larin9 rays are not projected into the eyes o( an oncoming vehicle operator. It shall also be eq�ipped with at least one red tail lamp having a minimum candle power of sufficient intensity lo ezhibil a red Iighl plainly visible Irom a distance ot 500 teet to the rear tluring the hours ot darkness under normat atmospneric condilions. Tha equipment to be in operating corxlition when the vehicle is operated between the hours of one-half hour aiter sunset to one-hall hour betore sunnse or at times or ietluced visibility. 5. Rellective maferial at least 16 square inches on each sitle, forward of the handlebars, so as to reflect or beam light at a ninety degree angle. � � 6. A pennanl i�ag ot red or blaze material of a size not less than 12" x 72" x 9" at a height not less than 6 feet (rom ground level. � 703.05. Apptieable Laws City tralfic ordinances shall apply to the operation o} snowmobiles� upon streets and highways, and Minnesota Slatutes 7969, Sections 84.81 to 84.88, and Minnesota Statutes 1969, Chapter 169 ezcepl for ihose provisions relating to requi�ed equipment, are hereby adopted by reference and shall be in tull force and ef(ect in the City of Fridley as if set out here in tull. 703.06. Operators Subdivision t. No person unaer 14 years of age shall operale on sireets or higAways or make a direct crossing of a slreet or AigAway as the operato� of a snowmobile. A person 14 years ol age or oider, but less tnan 18 years of ape, may operate a snowmobile on streets or nighways as permitted untler this chapter and make a direct crossing t�ereof only I( he has in his immetliate possession a valid snowmobile saiety certificale issued 6y the commissioner of conservation as provided by Minnesota Statutes 1969, Section 84.86. 703.067. It is unlawlul lor the owner of a snowmo6ile to permit Ihe snowmobile to be operated contrary to the provisions ol this sedion. � 703.07. Unatlended Every person leaving a snowmobile in a public place shall lock the ignilion, remove the key and lake the same wlt� �im. �D3.08. Chasfng Animals It fs unlawlu! to inte�tlonally drive, chase, run over or klll any animal, wild or domestic, witn a snowmoblle. 4C 703.06 Equipment Applicable Laws Operators Unaltentle:� Chasing Animels 703-3 703.08. Psnaltls� Any violatlon of thls chapler la a�misdemeanor and Is subJect to all provided for such vlolations undar the provisiona ol Chapter 901 of tbis Code. � 4D 703.09 �^ Penaltl�s t �03-4 �, ,i • . � I k � 0 i I ♦� I ; i i I 1 I I I i �._. ORUINAHCE N0. 643 � � '115 i � SEC. �D3.021 4E AN ORDINANCE AMENDiNG CHAPTER 7D3 SNOWMOBILES, SELTION 703.027, OPERATION 1�N0 DELETING SECTION 7D3.022 • THE CITY CDUNCIL OF THE G TY OF FRIDLEY DOES OR�AIN AS FOlLOWS: That Chapter J03, Section 703.021 be amended as follows: SECi20N 103.021 Operation No person shall operate a snowmobile upon the a roadway, shoulder or inside bank.or slope of any trunk, county state aid, or county highway in this City and in � the case of a divided trunk or county highway, or the right of way between the opposing lanes of traffic except as provided in this Ordinance. No person shall operate a snowmobile within the right of wa,y of any trunk, county state aid, or county highway between•the hours of one-half hour after sunset to one-half hour before sunrise, except on the right hand side of such ri9ht of way and in the same direction as the hiqhway traffic on the nearest lane of the roadway adjacent thereto. No snowmobile shall be operated at any time within the right nf way� of any interstate highway or freeway within this Lity.� ' Not withstanding any statutes or ordinances to the contrary, no person shall operate, nor shall an owner allow to be operated a snowmobile: 1. Upon a municipal street. 2. U{wn public lands and frozen waterways without authority from the applicable aovernmental body or authorized " administrative personnel. .. � 3. Upon tand not his own, without the written permission of , the owner, occupant or leasee of such lands. Written . permission may be given b,y a posted notice that specifies ' "Snowmobiles A71r,wed" or words substantially similar. SECiIOk 703.022 Deteted � . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF APRIL, 1977. ATTEST: C K- MA VIN . BRUN ELL First Readirg: April q, 1977 Setond Reading: Aprit 18, 1977 PuDtish.......: April 27, 1977 - LLIAM J. NEE H RESOLUTION N0. 1977 A RESOLUTION AUTHORIZING THE SALE OF SURPLUS FIREWOOD - ISLANDS OF PEACE WHEREAS, The City has a supply of firewood located on the Islands of Peace property, and WNEREAS, The City has no need for this firewood. NOW, THEREFORE, BE IT RESOLVED, By the Council of the City of Fridley that such firewood is hereby declared to be surplus, and BE IT FURTHER RESOLVED, That the administration is authorized to sell sucf� firewood. Such firewood may be sold by an employee of the City or by the Islands of Peace Foundation with any receipts to go to the (Gi#y) Islands of Peace Fund. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. MAYOR - WILLIAM J. NEE ATTESF: CITY CLERK - MARVIN C. BRUNSELL i'� rJ 5Fl CITY OF FRIDLEY MEMORANDUM T0: CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR.JFIN. DIR. SUBJECT: AUTHORIZING THE SALE OF FIREWOOD - ISLANDS OF PEACE DATE: DECEMBER 16, 1977 The attached resolution would authorize the sale of surplus firewood tocated at the Islands of Peace. The Park Department has stated they have no use for the firevJOOd. I understand most of the work was done by County CETA people. I do not know if the amount of firewood sold would be of any great significance, but perhaps the Council would want to authorize the Islands of Peace people to sell the firewood with the understanding that the money go into the (City) Tslands of Peace Fund to help defray some of those expenses. MCBtsh r� � F.OR CONCURRENCE BY THE CITY COUNCIL ' CLAIMS 6 f � � DECEMBER 19, I9�% FJo. 341946 - �lo. 343993 1� � F.OR CONCURRENCE BY THE CITY COUNCIL ' LICENSES 7 �ECGMRFR lq. 1477� GENERAL CONTRACPOR Bor-Son Buildinq Corporation 1550 E. 78th Street, Box 1611 Minneapolis, Mn. 55440 C. O. Field Company 2940 Harriet Avenue South Miilneapolis, Mn. 55408 Sonny Miller Construction Co. 2817 Emerson Avenue South Minneapolis, Mn. 55408 SIGN EREC7l�R Byei James C. Mortenson By: James Conzet By: Sonny Miller APPROVED BY DARREL CLARK � Conununity Dev. Ac3n. DARREL CLARK . Community Dev. Adm. DARREL CLARK Coimnunity Dev. Adm. Lawrence Signs Inc. 945 Pierce Butler Route DARREL CLARK St. Paul, Mn. 55104 By: William Lawrence III Community Dev. Adm. F.OR CONCURRENCE BY THE CITY COUNCIL — ESTIMATES E•3 Eugene A. Hickok and Associates, Inc. 545 Indian Mound Wayzata, Minnesota 55391 Estimate #6 for Moore Lake Evaluation and Restoration Project dated December 8, 1977 $ 489.90 Smith, Juster, Feikema, Chartered 125Q Builders Exchange Building Minneapolis, Minnesota 55402 for Legal Services during November, 1977 $1,764.00 as Prosecutor ESTIMATE M6 December 8, 1977 Mr. Steven J. Olson Envirottmental Officer Gity of Fridley 6431 !lniversity Avenue N.E. Fridley, Minnesota 55432 STATEMENT ; � ' .. �,'; �sa . 545 Indian Mound Wayzata, Minnesota 55391 (612)473-4224 Re: Moore Lake Evaluation and Restoration Project Consulting Agreement by and Fztween City of Fridley, Minnesota and E. A. Hickok and Associates dated March 14, 1977 TASK I LAKE SAMPLES 1.5 Hrs. @ $16.00/hr, _ $ 24.00 7.0 Hrs. @ $14.00/hr, _ $ 98,pp $122.00 TASK II STORM SEWER SAMPLES 4.0 Hrs. @ $16.00/hr. _ $ 64.00 11.0 Hrs. @ $14.00/hr, _ $154.00 $218.00 TASK III WELL SAMPLES 3.0 Hrs. @ $16.00/hr. _ $ 48.A0 7.0 Hrs. @ $14.00/hr. _ $ 9g,00 Mileage 3.90 $149.40 TOTAL -------------------------------- $489.90 INVESTIGATIONS • REPORTS • DESIGN • RESEARCH TIME RECORD fOR NOVEMBER, 1977 PROSECUTION WORK 1. Preparation, Travel and Time in Court for 5 Court Trials, and 32 Pre-Jury Trial Con- ferences. 2. Investigation and Process of Complaints including office conferences, phone con- ferences, correspondence and preparation of 40 Formal Complaint. 3. Court and Police Administration including attendance at Judges Meeting. DATE � • � 23 hours 16 hours 00 minutes 30 minutes 2 hours -- minutes 41 hours 30 minutes FORWARDED FROM LAST STATEMENT 12-07-77 For legal services rendered as Prosecutor for the City of Fridley during November, 1977. November, 1977 Retainer. $1300,00 Time in excess of 30 hours 464.00 (]1 hours 30 minutes), t dec!are under penalties of �aw that ,his account �aim o cer:an; ;s ;;.,, �� , rect a� no a� i o: it hac �e_n �;� SMIiN.JU8TER, FEIKEMA,LNARTEREO ♦TTppN[Yf AT ��W �� in w • BALANCE $1300.00 $1764,00 .. 0 COfJSIDERATION OF REQUEST FOR SUPPORT BY f10UNDS VIEIJ CITY COUNCIL REGARDING ANOKA COUNTY AIRP�RT The City of Mounds View has asked to appear before the City Council regarding upgrading of the Anoka County Airport