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02/10/2003 - 4633E � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFASS AR/NT NAMF, ADUR�SS AND /TFM NUMBFR YOU ARF /NTFRFSi�'D /M. „� , , ;- � � �y, �'�i� �`d�+� �� ` ` �a ' ��,; �` A�+c�",�� ,�� , ,�� ,,..�, � �. , , . ,;, ,,,L ,., � ;� � �` �,� �' ��, , � v*�, �C�, „l � IV � . �c., , o �1 �� 9� �S-'-� s; �� • �'d c��e��G�,,�� S �� .. C5S/C�-- �%'..-�z'`a.� t ! � ` / D � r �- 7 � `�- `��` `� �, �� C'G �� 'v � >, � c� U� � G �� CITY COUNCIL MEETING OF FEBRUARY 10, 2003 , crrr aF fRIDLEY � The City of Fridley will not discriminate against or harass anyone in the admission or access to, or r treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public , assistance. Upon request, accommodation will be provided to allow individuals with disabilitie$ to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. � PROCLAMATION: Paul McCarron Appreciation Day — February 11, 2003 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 27, 2003 _ NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of January 15, 2003 ........................................................................ 1- 6 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: � NEW BUSINESS (CONTINUED): - 2. Resolution Receiving the Feasibility Report � and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Marian Hills Neighborhood Street Improvement ProjectNo. ST. 2003 — 1 ............................................................................ 7- 19 3. Resolution Entering into an Agreement with the State of Minnesota, Department of Transportation for Improvements to the Trunk Highway 65 and Mississippi Street Intersection .................................................................... 20 - 31 6 4. Receive Bids and Award Contract for the Repair of Well No. 1 and Well No. 11 ......................................................... 32 5. Approve Change Order No. 1 for the Municipal Garage Office Expansion Project ............................................................... 33 - 34 0 � 6. Appointment: City Employees ................................................................... 35 7. Claims .................................................................................................. 36 .� FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2003 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Licenses .................................................................................................. 37 - 38 9. Estimates .................................................................................................. 39 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: 10. Consideration of an Intoxicating Liquor License for Crab House Music Cafe of Fridley, Inc., Located at 6161 Highway 65 N.E. (Ward 2) .................................................. 40 - 41 , � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10. 2003 PAGE 4 NEW BUSINESS: 11. First Reading of an Ordinance Amending Chapter 214 of the Fridley City Code Pertaining to Automatic Changeable Signs ................................................... 42 - 43 12. Informal Status Reports .................................................................................. 44 ADJOURN. � _ T � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2003 �oF �� The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. �'_ `3 ��'�' APPROVAL OF PROPOSED CONSENT AGENDA: PROCLAMATION: Paul McCarron Appreciation Day — February 11, 2003 �� 1��,�� ?� APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 27, 2003 NEW BUStNESS: ;. R�ceive the Minutes of the �lannirg Comrrission Meeting of January 15, 2003 ............ 1- 6 NEW BUSINESS (CONTINUED): 4. Receive Bids and Award Contract for the Repair of Well No. 1 and Well No. 11 .................................. 32 5. Approve Change Order No. 1 for the Municipal Garage Office Expansion Project ... 33 - 34 9 6. Appointment: City Employees ....... 35 7. Claims _ � i 2. Resolution Receiving the Feasibility Report I�,�-��, 8. Licenses and Calling for a Public Hearing on the Matter l of Construction of Certain Improvements: Marian Hills Neighborhood Street Improvement Project No. ST. 2003 — 1 ................ 7-19 9. Estimates 3. Resolution Entering into an Agreement with the ,��j State of Minnesota, Department of Transportation (�� for Improvements to the Trunk Highway 65 and Mississippi Street Intersection ........ 20 - 31 .. 36 37 - 38 39 ' FRnDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2003 PAGE 2 ADOPTION OF AGENDA. � �j ��tS �� s OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. � �' � �� I � �,� Y� . � � PUBLIC HEARING: 10. Consideration of an intoxicating Liquor License for Crab House Music Cafe of Fridley, Inc., Located at 6161 Highway 65 N.E. (Ward 2) ................................... 40 - 1 � � , � � � `� � � � 9 NEW BUSINESS: �--, �� 11. First Reading of an Ordinance Amending �� Chapter 214 of the Fridley City Code Pertaining to Automatic Changeable Signs.................................. 42 - 43 �' 3 . ��/ � ° ~ , v� . �� P 12. Informal Status Reports ....................... 44 � � � � ADJOURN. , ` �� F� � e =1= =1= _►_ PA UL McC�4RRON AI'PRECIATION DAY February ll, 2003 WHEREAS, Pau111�IcCarron has retired after over three decades of public service to the County of.Anoka; and WHEREAS, during his distinguished political career, he was a member of the Spring Lake Park Planning Commission, served on the Spring Lake Park City Council for one term, was elected to the _�finnesota House of Representatives for ten years, and has served continuously on the .�noka Coarnt_y Board of Commissioners since 1982; and WHEREAS, Paul NlcCarron 's hard work and steadfast dedication have helped improve the quality of life for disadvantaged people; and WHEREAS, Paul McCarron has worked tirelessly on other issues affecting Anoka County and the State of Minnesota, including the state's transportation system and solid waste removal; and WHEREAS, Paul NlcCarron has made many contributions to the physical, social and economic development of the City of Fridley; and - WHEREAS, Paul McCarron's commitment, dedication and hard work have enhanced the quality of life in the City of Fridley; and WHEREAS, Paul McCarron leaves public office with a reputation for leadership, honesty, integrity and commitment to the residents and businesses ofAnoka County; NOW THEREFORE, BE IT RESOL T�ED, that we, the undersigned members of the Fridley City Council, proclaim Tuesday, February 11, 2003, to be: PAUL McCARRON APPREC/ATION DAY in the City of Fridley. IN WITNESS WHEREOF, we have hereunto set our hands and caused the seal of the City of Fridley to be a�xed this IOth day of February, 2003. Scott J. Lund, Mayor Steven E. Billings, Councilmember, Ward 1 Robert L. Barnette, Councilmember-at-Large Richard P. Wolfe, Councilmember, Ward 2 Ann R Bolkcom, Councilmember, Ward 3 MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 27, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. " ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, and Councilmember Wolfe. MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Jon Haukaas, Public Works Director Richard D. Pribyl, Finance Director/Treasurer Scott Hickok, Community Development Director Frederic W. Knaak, City Attorney PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 9, 2002 City Council Meeting of December 16, 2002 City Council Meeting of January 6, 2003 NEW BUSINESS: 1. SPECIAL USE PERMIT REQUEST, SP #03-01, BY THOMAS SUTHERLAND, TO CONSTRUCT A SECOND ACCESSORY STRUCTURE (GARAGE) OVER 240 SQUARE FEET, GENERALLY LOCATED AT 5850 SEVENTH STREET N.E. (WARD 1): � Dr. Burns, City Manager, stated that the petitioner, Thomas Sutherland, was planning on building a 896 square foot accessory structure in the rear yard. The Planning Commission reviewed the proposal at its January 15 meeting and voted unanimously to approve the request subject to stipulations. Staff recommended Council's approval. FRIDLEY CITY COUNCIL NIEETING OF JANUARY 27, 2003 PAGE 2 APPROVED WITH THE FOLLOWING SIX STIPULATIONS: 1) PETITIONER SHALL INSTALL CODE-REQUIRED HARD SURFACE DRIVEWAY WITHIN 12 NIONTHS OF ISStiANCE OF A BUILDING PERNIIT; 2) PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION; 3) THE STRUCTURE SHALL NOT BE USED FOR A HONIE OCCtiPATION OR LIVING AREA; �) ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY; 5) TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST A10T EXCEED 1,400 SQUARE FEET; AND 6) GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINISHED WITH A COMPLEMENTARY SIDING AND COLOR SCHEME. 2. SPECIAL USE PERNIIT REQUEST, SP #03-02 BY NEDEGAARD CONSTRUCTION COVIPANY, TO CONSTRUCT A SECOND ACCESSORY STRUCTURE OVER 240 SQUARE FEET, GENERALLY LOCATED AT 1305 53 AVENUE N.E. (WARD 1): Dr. Burns, City Manager, stated that the petitioner, Nedegaard Construction Company, proposed to construct a �61 square foot accessory structure to be used for RV storage. The Planning Commission reviewed the proposal at its January 1 � meeting and voted : unanimously to approve the request subject to eight stipulations. Staff recommended Council's approval. 0 APPROVED WITH THE FOLLOWING EIGHT STIPULATION: 1) GRADING AND DRAINAGE PLAN TO BE APPROVED BY CITY'S ENGINEERING STAFF PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, IN ORDER TO MINIMIZE IMPACTS TO THE SURROUNDING PROPERTIES; 2) DURING CONSTRUCTION, SILT FENCING SHALL BE USED WHERE APPLICABLE AND STREETS CLEANED AS NEEDED; 3) PETITIONER TO PAY $1,500 PARK DEDICATION FEE PRIOR TO ISSUANCE OF BUILDING PERMITS; 4) AT BRITISH PETROLEUM'S (BP) REQUEST, PETITIONER SHALL AGREE TO NOT BUILD CLOSER THAN 25 FEET FROM THE CENTERLINE OF THE BP PIPELINE ON THIS LOT; 5) NO SOIL CAN BE REMOVED EROM OVER THE BP PIPELINE THAT RESULTS IN A DEPTH OF LESS THAN 3 FEET; 6) UTILITIES CROSSING THE BP PIPELINE MUST BE LOCATED BELOW IT AND HAVE A MINIMUM CLEARANCE OF 12 INCHES BETWEEN STRUCTURES; 7) AS THE ZONING CODE REQUIRES, THE GARAGE MAY NOT EXTEND MORE THAN 5 FEET IN FRONT OF A HOME. PETITIONER SHALL BRING THE HOME DESIGN INTO COMPLIANCE PRIOR TO ISSUANCE OF ANY BUILDING PERMITS; AND 8) AS SECOND ACCESSORY STRUCTURES WITH DOORS OPENING ONTO A SIDE STREET ARE REQUIRED BY THE ZONING CODE TO BE SET � BACK 25 FEET FROM THE PROPERTY LINE, THE HOME MUST BE RELOCATED ON THE LOT OR OTHERWISE BROUGHT INTO COMPLIANCE PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 3 3. RESOLUTION NO. 10-2003 AUTHORIZING AMENDMENT OF LOAN AGREEME�iT EXECUTED IN CONNECTION WITH ISSUANCE OF BONDS: Dr. Burns, City Manager, stated the Fridley Business Plaza was in the process of being sold by the Fridley Business Plaza Limited Partnership to Har Mar, Incorporated. Since the City's industrial revenue bonds helped finance the original project, the new owners were asking that the responsibility of bond repayment be transferred to them. The resolution befare Couneil established the City's agreement for transfer of the bond responsibility. Staff recommended Council's approval. � ADOPTED RESOLUTION NO. 10-2003. 4. RESOLUTION NO. 7-2003 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS• STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 2003 —10: Dr. Burns, City Manager, stated this year's sealcoating project would be in the central part of Fridley. The area was bounded by Mississippi Street on the north, 57`� Avenue on the south, the BNSF tracks on the west, Seventh Street on the east, north of 615` Avenue, and also on the east, south of 61 St Avenue by University Avenue. The : estimated cost of this work was $100,000. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 7-2003. 5. RESOLUTION NO. 8-2003 ORDERING ADVERTISEMENT FOR BIDS, 2003 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 351: Dr. Burns, Ciry Manager, stated the maintenance work would cost around $50,000 to $60,000. The work included required utility repairs, new driveways, and repair work on some streets, especially those in the Innsbruck area. Staff recommended Council's approval of this resolution. ADOPTED RESOLUTION NO. 8-2003. 6. RECEIVE PROPOSALS AND AWARD PROJECT FOR WATER STUDY: Dr. Burns, City Manager, stated the City sought proposals from four engineering firms with concerns related to the water system. Staff recommended that the City hire Bonestroo, Rosene, Anderlik & Associates to develop a computer model for the entire water system and to evaluate whether or not the Marian Hills water reservoir should be replaced or restored. RECEIVED PROPOSALS AND AWARDED PROJECT FOR WATER STUDY TO BONESTROO, ROSENE, ANDERLIK & ASSOCIATES. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 4 7. APPROVE CHANGE ORDER NO. 1 TO 57� AVENUE SANITARY SEWER I�IPROVEMENT PROJECT NO. 346: Dr. Burns, City Manager, stated staff recommended Council's approval of the $4,030 change order for additional work associated with the Sanitary Sewer Improvement Project. Most of the work was for additional gate valves and utility adjustments which were not anticipated. APPRO VED. 8. APPROVE 2003 TRI-CITY GIS CONTRACT WITH PLANSIGHT LLC: " I Dr. Burns, City Manager, stated the City would like to enter into a tri-city GIS contract with P1anSight, LLC. The other cities involved are Andover and Columbia Heights. services. Fridley's share of the contract is $26,846. Staff recommended Council's approval. APPROVED. 9. CLAINIS: APPROVED CLAIM NOS. 109507 THROUGH 109806. _ 10. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 11. ESTIMATES: APPROVED THE FOLLOWING ESTIMATES: CM Construction Company Inc. 12215 Nicollet Avenue South Burnsville, MN 55337 Municipal Garage Expansion Project No. 343 EstimateNo. 2 ........................................................................ $�81,049.25 Park Construction Company 7900 Beech Street N.E. Fridley, MN 55432 57`h Avenue Sanitary Sewer Improvement Project No. 346 - EstimateNo. 5 ........................................................................ $ 6,955.09 No one in the audience spoke regarding the proposed consent agenda items. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 5 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom stated that in the second paragraph on Page 4 of the December 9, 200?. Council meeting minutes, the word "proposed" should be removed. MOTION by Councilmember Barnette to approve the proposed consent agenda with the correction to the December 9, 2002, Council meeting minutes. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANINIOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: 12. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 214 OF THE FRIDLEY CITY CODE PERTAI1vING TO AUTOMATIC CHANGEABLE SIGNS. MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:42 P.M. Mr. Hickok, Community Development Director, stated that due to a recent court ruling in which a portion of the Fridley Sign Code was declared unconstitutional, staff recommended a proposed amendment to bring the Fridley sign code into compliance with the U.S. Constitution. Section 214.071(B) regarding automatic changeable signs stated, "The message shall not change more than once every fifteen (15) minutes except for a sign displaying time, temperature, and/or date." This regulated how often messages change; however, by eYempting time, temperature, and date from the time requirement, the court determined the City was, in essence, regulating content. Content-based regulations have been ruled unconstitutional. Judge Kammeyer, Anoka County District Court, ruled that, "Admittedly the 15-minute timing regulation does not regulate the actual content of the message. But, while it is true that the 15-minute timing regulation regulates FRIDLEY CITY COUNCIL 1�IEETING OF JANUARY 27, 2003 PAGE 6 only the frequency of the change in the message, that regulation varies depending on the content of the messaQe.. ..Therefore, Si�n Code 214.07.1 (the 15-minute provision) is a content-based regulation." T'he proposed amendment removed all content-based regulations, removed all time- exemption for messages displaying time, temperature, and/or date and required all messa�es not to change more than once every 45 seconds. He said that automatic changeable signs were permitted in all districts except residential districts and then only after petitioner was issued a special use permit with the following minimum conditions: conformance to sign requirements within that district and the requirement that the message would not change more than once every 15 minutes except for a sign displaying time, temperature, and/or date. Staff recommended Council hold a public hearing for the proposed sign code text amendment. Councilmember Billings stated that several months ago the City received a request for a variance on the length of time a sign could stay on and it was denied. Subsequent to that there were discussions and a decision was made to wait until after they had heard from the Court. He asked if a letter had been received from the Chamber of Commerce regarding this matter. Mr. Hickok replied that they had received a letter. Councilmember Billings stated that as a result of a request for a variance and discussions with the petitioner, he drove north on University Avenue toward Osborne Road until he could see the• sign for the church on the northeast corner of Osborne and University. The church has a readable sign and driving at 45 mph from the point he could first read the sign until he got past the sign was about 30 seconds. He said if someone was driving at a reasonable speed on any of the City's streets, the sign should only change once if the time limit was 45 seconds. If the time limit got down to 15 seconds, a person driving 40 mph might see it change two or three times. Councilmember Billings stated that the letter from the Chamber of Commerce was received in March, 2002. It indicated that under the current sign ordinance, Fridley businesses were at a competitive disadvantage. He said he thought the main goal of the original ordinance was two- fold. First, they did not want the City to look like downtown Las Vegas. Second, with the highways going through Fridley and people driving at speeds of 55 mph and above, Council wanted to make sure that drivers were not distracted. In view of the District Court's decision, they wanted to make sure that they regulate time, temperature, and date in the same manner as they regulate everything else. He said he felt that something in the neighborhood of 15 secorids would probably be more appropriate than 45 seconds. Mayor Lund asked Councilmember Billings if he wanted it changed to 15 seconds. Councilmember Billings replied that it was a suggestion. Mayor Lund mentioned the letter from the Chamber of Commerce urged Council to make a decision that was best for the community as a whole. He asked that Council seriously look at the change in the ordinance. He had no problem with changing it to 45 seconds or 15 seconds. He did have some concerns regarding illumination. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 7 Councilmember Wolfe stated he agreed about illumination. He asked if the clock would change every 45 seconds. Mr. Hickok stated that he imagined that as the clock was shown, it would have the correct time, but it would only be shown every 45 seconds. Councilmember Wolfe asked if the time would stay on for 45 seconds and then get switched to a different message Mr. Hickok stated that it would. Councilmember Wolfe asked if whatever message showed up had to stay there for 4� seconds. Mr. Hickok said it did. Councilmember Bolkcom stated that depending on the sign, it could show a message. Mr. Hickok said a message would read 12 o'clock until 12 o'clock and 45 seconds at which time a new message would be shown. When the time was shown again it would be different. He said the judge made the distinction. They could not allow the time to run separately. . Councilmember Bolkcom stated that it did not prohibit someone from having the time and temperature on the bottom stay the same and change the message elsewhere on the sign. Mr. Hickok replied the time had to stay the same and when the message changed the temperature would show. He stated they could not make a distinction between the time change and the message changing. So, if you were asking if a message could be left there for 45 seconds and let the time and temperature change as it would, it could not. It needed to be left for 45 seconds like the rest of the message. You could not do one and not the other. It had to all be done the same. Councilmember Barnette said if it was past midnight on January 28, for 45 seconds it would still show January 27. Mr. Hickok agreed. Councilmember Barnette replied he would be in favor of 15 seconds. Councilmember Bolkcom stated going back to whether it changed in 45 or 15 seconds, she did have a concern that it was constantly changing and was a distraction, no matter whose sign it was, what color it was, and how bright it was. Councilmember Wolfe stated he would like to see it kept at 45 seconds to see how it worked and gradually decrease the time. Councilmember Billings commented that he thought if they were going to abide by the judge's ruling and no longer exclude time, temperature, and date from the regulations, they had to try FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 8 and come up with something that would accommodate the ruling. He thought changing the signs about every 1� seconds was about as long as they wanted to go on those particular signs because otherwzse they really were not of much use. He said that he believed there were only two signs at businesses in town that have the time and temperature: Twin City Federal and Home Value. Mr. Hickok replied there was a sign at Dr. Dahl's business on Highway 65. Councilmember Billings stated he thought the sign at Menards had the capability of changing. He said he thought it was important to come up with some type of enforceable regulations that were easily understood by the public and easily understood by the enfarcement authorities. Councilmember Wolfe commented that in the parking regulations on downcast lighting. The principle was the distraction to the neighborhood. lot at Friendly Chevrolet, they had same and that was not to make it a Mr. Hickok stated they received information from the National League of Cities on this question. They provided two sources in the research. One was on downcast lighting in parking lots. The other was on an ordinance that outlined the kilowatts or the movements that could be used for spotlighting a sign. He said the technology was just new enough that people were not able to enforce it. � Dr. Burns, City Manager, asked if this was something they could try for a given period of time and then automatically have it come back for review. Attorney Knaak, City Attorney, replied that they could create an effective termination date far any legislative condition that they were undecided about. He said the challenge to the City's ordinance was very broad and it was upheld. The point they were addressing was actually very minor. There was a whole separate line of authority that agreed with Councilmember Barnette's point of view. It was not, however, the sign that the Judge in his very carefully written opinion decided to side with. He said he thought it was important to understand that virtually all of the City's sign ordinance was upheld by Judge Kammeyer's opinion. MOTION by Councilmember Billings to receive the letter dated March 21, 2002, from the Chamber of Commerce. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:12 P.M. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 9 NEW BUSI�iESS 13. RESOLUTION NO. 9-2003 RECEIVING THE PRELINIINARY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: 62` WAY EXTENSION PROJECT NO. ST. 2003 — 2. Mr. Haukaas, Public Works Director, stated the resolution received the report and outlined the proposed project. The project would construct a 13-foot wide street with concrete curb and gutter. The improvement was estimated to cost just over $21,000 including engineering and contingency but did not include potential right-of-way acquisition costs. There currently existed a right-of-way 25-feet wide extending 40 feet to the west of the Riverview Terrace right-of-way. Another right-of-way and matching 25-foot width extending an additional 50 feet to the west would be required to construct the project as it was currently laid out. It was recommended to assess the project to the users of the new street. The street extension would be used exclusively by the properties at 190 - 62"d Way and 310 - 62"d Way. The easterly half of the improvement would be used by both properties, while the westerly half would be used eYClusively by the property at 310 - 62"d Way. If the project proceeded, it was recommended that the property at 190 — 62"d Way be assessed 25 percent and the property at 31D — 62"d Way be assessed 75 percent. These assessments may be certified to Anoka County to be paid over a ten-year period. The City of Fridley did have a policy allowing senior citizens to defer assessments until such time as the property was sold. Staff recommended that Council consider this project. The resolution scheduled a public hearing for March 3, 2003, but he understood there was a request to reschedule it for March 24. Councilmember Bolkcom stated what was before them was a resolution that basically accepted the report as presented scheduled a public hearing. They would receive input from Council and residents and anyone else at the public hearing. Attorney Knaak, City Attorney, replied that was the statutory procedure. Attorney Jim Neilson, attorney for Mr. and Mrs. Greg Potasek at 310 - 62"d Way in Fridley and also for Ms. Marlene Gibson at 190 62"d Way, asked to speak directly about everything that has gone on in the last few months. He stated that in the end, this matter was probably going to be in court. He said it seemed to him that the City was creating more attorneys' fees for the property owners and for the City. He thought there should be a determination in court first whether, as they believe, this is a public road and it has to be done. He said there could be problems if they proceed before the final determination by the court. He suggested that they table this until there is a determination. He said his clients had directed him to bring a declaratory judgement action in court. Attorney Knaak stated he had no reason to doubt that Mr. Neilson would file an action in court. He said the City could order improvements on that property regardless of what it was classified as. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 10 Mayor Lund stated it seemed Council had been repeatedly asked to do something about this matter, and they are attempting to resolve the issue. Councilmember Billinas replied that was exactly what his conclusion was back in August 2002. They were nearly to this point and they �vere asked by Attorney Neilson to postpone things while he had a chance to negotiate with the City's attorney. It is now January, 2003, no action had been taken in this matter, and they were being asked to delay it again. They could have potentially had a roadway built in the fall of 2002. He said if the property owners argued that this was a City street and should be maintained as a City street, he thought it should be brought up to City standards. He indicated that this was the procedure they generally followed in doing so. He saw no reason to delay any longer but to move forward in the direction that the property owners had been suggesting that they move all along. MOTION by Councilmember Bolkcom to adopt Resolution No. 9-2003. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to change the date of the public hearing to March 24, 2003. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. RESOLUTION REVOKING INTOXICATING LIQUOR LICENSE FOR AMF BOWLING CENTERS, INC., DB/A AMF MAPLE LANES LOCATED AT 6310 HIGHWAY 65 N.E. Mr. Pribyl, Finance Director, stated that this resolution was tabled at the Council meeting on October 28, 2002. At that time, staff presented information provided by AMF that indicated it had not met the minimum food-to-liquor ratio as required by the City. A resolution was presented to revoke the liquor license. The City Council tabled this resolution to allow AMF to make some changes and increase food sales. He said _they received AMF's July through September sales showing that their food-to-alcohol ration averaged 36 percent. Councilmember Billings stated they had a motion before them a few weeks ago to change the ordinance relative to the ratio between food and liquor and reduce it from 40 percent to 35 percent. He said he did not support that change. He indicated that even if they had supported the revision to the ordinance, this particular establishment would not have meet the requirements. There was a 60/40 minimum ratio of food to liquor, but there was also a requirement that in order to be licensed as a restaurant selling on-sale liquor, 40 percent of the total business needed to be from a combination of liquor and food. He believed this particular business did nat meet the definition of a restaurant. He said Minnesota Statutes outlined the requirements, but there was no definition of a bowling center in state statutes, nor was there any definition of a bowling center in the City of Fridley's ardinance. He said the proper way to handle this was to add a FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 11 definition of a bowling center to the definitions in Chapter 603 and some wording stating that in arder to be eligible to receive a liquor license under Chapter 603, the business should be a bowling center, a hotel, or a restaurant. He thought the City might want to limit the ordinance to bowling centers, hotels, and restaurants. Nlinor changes �vould also need to be made to the language regarding the 60/40 ratio. He said if that was the direction the majority of the Council wanted to go, he thought this should be tabled for another three months allowing AMF to operate while the ordinance was being revised. Councilmember Barnette stated he was still concerned about making an exception. Councilmember Billings read the State statute that applied. He said the statute spelled out hotels, restaurants, and bowling centers all separately and indicated that they eYpect them to makz provisions for those three types of organizations to be allowed to sell on-sale liquor. He thought they were allow�ed to have a category for bowling centers strictly because it was in the state statute. Councilmember Barnette stated he would like to see Maple Lanes stay. He stated they could have problems with the billiard center or volleyball center by making exceptions. Councilmember Billings replied a liquor license could be issued only if they were a hotel or• restaurant. Councilmember Barnette stated they have a restaurant in their facility. Councilmember Billings stated that those are the two provisions that allowed them to issue an on-sale liquor license. If they have a restaurant, they must meet the same rules and regulations as the other restaurants. Councilmember Wolfe asked if they were making an exception because the bowling center did not have a restaurant as their primary business. Councilmember Billings replied that they were not making an exception. The City would try to adapt their existing ordinance so it more closely aligns with the state statute. � Councilmember Wolfe stated he would like to table this matter. Councilmember Billings stated that it would require changes to the language of the City's ordinance. He believed the language could be drafted within the next two or three weeks and it could be back on the agenda at the end of February or the first part of March. Mr. Pribyl stated liquor licenses were due Apri130. Councilmember Billings stated that by Apri128, they could have a new ordinance in place. Mayor Lund stated he was glad to see this proceed. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 12 Councilmember Bolkcom stated she needed to see the langua�e. Councilmember Wolfe stated he thought they were headed in the right direction. Councilmember Billings asked 1�1r. Pribyl if the Finance Department would draft the changes. N1r. Pribyl replied that they would work with the City Attorney. MOTION by Councilmember Billings to table this item until April 28, 2003. Seconded by Councilmember Wolfe. � UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. RESOLUTION NO. 6-2003 AUTHORIZING AN APPLICATION FOR THE 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Hickok, Community Development Director, stated the resolution requested permission to apply for 2003 Community Development Block Grant funding from Anoka County for the Gateway West Project. Of the $200,000 in CDBG funds requested, $167,800 would be for• acquisition and closing costs on blighted property, $5,000 for demolition and professional services and the remainder for relocation and environmental fees. Staff recommended approval of the resolution. MOTION by Councilmember Bolkcom to adopt Resolution No. 6-2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 16. INFORMAL STATUS REPORTS. Dr. Burns, City Manager, stated they met with Jim Rhodes of Xcel Energy regarding tree trimming. Mr. Rhodes said they would be trimming trees in February and that letters would be sent to Fridley residents. Mr. Haukaas, Public Works Director, shawed one of Xcel's maps showing the highlighted areas where the tree trimming would be taking place. He said Xcel employees would be going door to door and leaving door hangers for residents that explained what they were planning to do. As a . result of their meeting they identified three to four hot spots they were going to try and look at and try to get the trimming done. He said the four areas they were planning to trim were behind Holly Center, behind the Spur Station on East River Road, north of St. Philip's Church to the � east of Baker Street and north of Rice Creek Road along the Harris Pond outlet ditch. Dr. Burns stated the newsletter was completed and was on the City's web site. It should be delivered in a coupe of weeks. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2003 PAGE 13 Councilmember Bolkcom asked about Winter Fest. Dr. Burns said it would be held on Saturday. Mayor Lund stated there would be activities taking place at the Springbrook Nature, Commons Park and the Fridley Community Center. Councilmember Bolkcom stated people could call the Parks and Recreation Department if they had any questions. ` ADJOURl�1: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JANUARY 27, 2003, CITY COUNCIL MEETING ADJOURNED AT 8:49 P.M. Respectfully submitted, � Denise M. Letendre Scott J. Lund Recording Secretary Mayor � CITY OF FRIDLEY PLANNING COMMISSION MEETING, JANUARY 15, 2003 CALL TO ORDER: Vice-Chairperson Kondrick called the January 15, 2002, Pianning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dave Kondrick, Barb Johns, Larry Kuechle, Dean Saba, LeRoy Oquist Members Absent: Diane Savage, Brad Dunham Others Present: Stacy Stromberg, Planner Thomas Sutherland, 5850 7'h Street NE Bruce Nedegaard, President, Nedegaard Construction APPROVE THE DECEMBER 18. 2002, PLANNING COMMISSION MEETING MINUTES: Ms. Johns stated she was listed as being "presenY' at the meeting, but she was not. MOTION by Ms. Johns, seconded by Mr. Kuechle, to approve the December 18, 2002, Planning Commission meeting minutes as amended. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP 03-01, by Thomas Sutherland, to construct a 28 foot by 32 foot second accessory structure (detached garage) in the rear yard of the property, generally located at 5850 - 7�h Street. MOTION by Ms. Johns, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:33 P.M. Ms. Stromberg stated the petitioner is requesting a special use permit to allow the construction of an 896 square foot accessory structure in the rear yard of his residence at 5850 7�' Street. The building will be used for vehicle parking and storage. Ms. Stromberg stated Section 205 requires a special use permit to allow accessory buildings other than a first accessory building over 240 square feet. The Code also requires that the total square footage on the accessory structure cannot exceed 1,400 square feet. The total square footage of the existing garage and the proposed accessory structure is 1,193 square feet. The existing shed in the rear yard will be removed upon approval of the special use permit. Ms. Stromberg stated the City Code also requires that all driveways and parking stalls be set back three feet from any property line except as agreed to in writing by adjacent property owners and filed with the City. The petitioner plans to construct the proposed driveway right up 1 PAGE 2 PLANNING COMMiSSION MEETING, JANUARY 15, 2003 to the south property line. He has submitted a signed letter from the adjoining property owner, authorizing the placement of the proposed driveway to the property line. Ms. Stromberg stated the proposed accessory structure will be accessed off 7'h Street and will require an additional curb cut. The City's Engineering staff has reviewed the proposed accessory location and has approved the additional curb cut. Ms. Stromberg stated City staff recommends approval of the special use permit with the following stipulations 1. The petitioner shall install Code-required hard surface driveway within 12 months of . issuance of the building permit. 2. The petitioner shall obtain atl necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on hard surface as approved by the City. 5. All accessory structures must not exceed 1,400 square feet. g. The garage will be architecturally compatible with the existing home and finished with complementary siding and color scheme. Mr. Oquist asked if staff had heard from any of the neighbors. Ms. Stromberg replied, no, they have not. Mr. Kondrick read a letter from Ms. Kathy Sinner who has no objection to this special use permit and Mr. Sutherland's garage. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to receive into the record a letter from Kathy Sinner at 5840 7�' Street NE. UPON A VOICE VOTE, ALL VN �NOUS y' VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNA Ms. Johns asked about the rain water runoff onto the hard surface. She noted the water spout on the side of the house of the proposed new driveway and that the petitioner does not have any rain gutters. Mr. Thomas Sutherland, 5850 7`h Street NE, stated that he has talked to the gentleman that will be doing the driveway and there will be a slope in the driveway coming off the side of the house so the water will run to the front of the house and the back of the house, plus he plans to put on gutters. Mr. Kondrick asked Mr. Sutherland if he had any problems with any of the stipulations. Mr. Sutherland replied he was agreeable to the stipulations. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALLD �HE PUBLEC HEARING WAS CLOOSED A T7:39 p M LARED THE MOTION CARRIED AN Mr. Kondrick and Mr. Saba stated they had no problem with this request. Z PLANNING COMMISSION MEETING, JANUARY 15, 2003 PAGE 3 Mr. Oquist stated when he saw the plans, he first thought that it is a large building in a small backyard, but no one is opposed. Mr. Kuechle stated he sees no problem with the request, and he is especially happy that the petitioner has an actual recent survey. Because the building is so large, they can be assured that the garage will be built on the right spot and not on the neighbor's lawn. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of Special Use Permit, SP 03-01, with the following stipulations: 1. The petitioner shall install Code required hard surface driveway within 12 months of issuance of the building permit. 2. The petitioner shall obtain all necessary building permits prior to construction. 3. The structure shall not be used for a home occupation or living area. 4. All vehicles shall be stored on a hard surface as approved by the City. 5. All accessory structures must not exceed 1,400 square feet. 6. The garage will be architecturally compatible with the existing home and finished with complementary siding and color scheme. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON KONDRICK DECLARED --_ THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated this will be in front of the City Council on January 27, 2003, and will be in the same room, at 7:30 p.m. and thanked the petitioner for coming. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP 03-02, by Nedegaard Construction Company, Inc., to construct a second accessory structure (garage), generally located at 1305 - 53`d Avenue NE. MOTION by Ms. Johns, seconded by Mr. Oquist, to open the public hearing. . UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:42 P.M. Ms. Stromberg stated the petitioner is requesting a special use permit to allow the construction of a 561 square foot accessory structure attached to the home at 1305 - 53`� Avenue. The structure will be used for RV storage. The property is zoned R-1, Single Family, and is located at the intersection of 53�d Avenue and Fillmore Street. The property was platted in 2001, and new homes have been constructed on two of the neighboring properties. The proposed home will front on 53�d Avenue. The proposed accessory structure will open in front on Fillmore Street. Ms. Stromberg stated Section 205 requires a special use permit to allow second accessory buildings over 240 square feet. Typically these requests involve a property owner who wishes to construct an additional detached garage in the rear yard. In this particular instance, both of the garages are attached to the home. The main garage is proposed to be 600 square feet and face 53�d Avenue. The proposed second accessory structure is a 561-square foot RV storage garage which face Fillmore Street. Ms. Stromberg stated the City Code also requires that the total square footage of accessory structures cannot exceed 1,400 square feet. The total square footage of both the proposed main garage and the proposed second accessory structure is 1,161 square feet. 3 PLANNING COMMISSION Ms. Stromberg stated City staff recommends approval of the speciai use permit with the following stipulations: �. The grading and drainage plan shall be approved by City engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. 2. During construction, silt fencing shall be used where applicable and streets cleane as needed. 3. The petitioner should pay a$1,500 park dedication fee prior to issuance of buildmg permits. 4, At British Petroleum's request, the petitioner shall agree to not build closer than 25 feet from the center line of the BP Pipeline on this lot. 5. No soil can be removed from over the BP Pipeline that results in a depth of less than 3 feet. 6. Utilities crossing the BP e�een structures cated below it and have a minimum clearance of 12 mches b 7. As the Zoning Code requires, the 9a home desi �n nto compl'ance pr or to the issuancee home. The petitioner shall brmg the 9 _ of any building permits. g. As the Zoning Code requires, second accessory struc Iunes The home mustlbe �elocated= side street shall be set back 25 feet from the property ' on the lot or otherwise brought into compliance prior to issuance of any building permits. Ms. Stromberg stated the petitioner has already complied with stipulations 7 and 8. Mr. Kondrick asked the petitioner to approach the podium. Mr. Bruce Nedegaard, President of Nedegaard Construction, stated they have no problems with the stipulations. Mr. Kuechle asked where the pipeline runs? Mr. Nedegaard stated it runs parallel to 53`d Avenue. Mr. Kuechle asked if the driveway would be over the pipeline? ede aard replied that, no, not all of the petitioner's driveway. �t home. W�th 53`d. It will be Mr. N g the same as the house next door, and there was no problem with that Mr. Kuechle asked whether the utilities ran under the pipeline? Mr. Nedegaard replied, yes, they did the same thing for the house next door. Mr. Kondrick asked whether there was any problem with water runoff considering the fact they have to watch how far above the pipetine that they get with the grading and so forth so the water can exit the property without any problem. Mr. Nedegaard stated with the front yard,o selon thet ight rds 53`d Avenue and out onto the street. Again, basically the same as the h MOTION by Mr. Saba, seconded by Ms. Johns, to close the public hearing. � PLANNING COMMISSION MEETING JANUARY 15 2003 PAGE �, UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTlON CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:49 P.M. MOTION by Mr. Kuechle, seconded by Mr. Saba, to recommend approval of Speciai Use Permit 03-02 with the following stipulations: 1. The grading and drainage plan shall be approved by City engineering staff prior to issuance of any building permits, in order to minimize impacts to the surrounding properties. 2. During construction, silt fencing shall be used where applicable and streets cleaned as needed. 3. The petitioner should pay a$1,500 park dedication fee prior to issuance of building permits. 4. At British Petroleum's request, the petitioner shall agree to not build closer than 25 feet from the center line of the BP Pipeline on this lot. 5. No soil can be removed from over the BP Pipeline that results in a depth of less than 3 feet. 6. Utilities crossing the BP Pipeline must be located below it and have a minimum clearance of 12 inches between structures. 7. As the Zoning Code requires, the garage may not extend more than 5 feet in front of the home. The petitioner shall bring the home design into compliance prior to the issuance of any building permits. 8. As the Zoning Code requires, second accessory structures with doors opening onto a side street shall be set back 25 feet from the property line. The home must be relocated on the lot or otherwise brought into compliance prior to issuance of any building permits. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated this special use permit will go before the City Council on January 27, 2003. 3. RECEIVE THE MINUTES OF THE DECEMBER 2 2002 PARKS AND RECREATION COMMISSION MEETING. MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the December 2, 2002, Parks and Recreation Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE DECEMBER 17 2002 ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING. MOTION by Ms. Johns, seconded by Mr. Oquist, to receive the December 17, 2002, Environmental Quality & Energy Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5 P�ANNING COMMISSION MEETING, JANUARY 15, 2003 PAGE 6 5. RECEIVE THE MINUTES OF THE DECEMBER 12, 2002, HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Mr. Kuechle, seconded by Mr. Saba, to receive the December 12, 2002, Housing and Redevelopment Authority meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg updated the Commission members on past Planning Commission and City Council actions. Ms. Stromberg stated the February 5, 2003, Planning Commission has been cancelled. Ms. Stromberg stated the Commission Appreciation Dinner is Sunday, February 2, at 5 p.m. at Joe DiMaggio's. Mr. Kuechle asked if staff has had any discussion about the number of special use permits they are getting for second accessory buildings. Does staff feel they are receiving too many of these requests, or is the comfort level still there? � Ms. Stromberg stated she believed the comfort level is still there. They have gotten quite a few requests for second accessory buildings in the last couple of years, but she believed staff still wants to keep them as a special use so they can put the stipulations on them. Mr. Oquist stated it also gives the neighbors a chance to know what is going on. The one special use permit at this meeting is really quite a large structure for the size of the lot. Mr. Kondrick asked Ms. Stromberg if any citations or any letters of noncompliance have been given to residents relating to recreational vehicles parked too close to the street. Ms. Stromberg replied there has not been. ADJOURNMENT: MOTION by Mr. Saba, seconded by Mr. Oquist, to adjourn the meeting. A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE JANUARY 15, 2003, PLANNING COMMISSION MEETING ADJOURNED AT 7:55 P.M. Respectfully submitted, Z%� � . ��l�¢� enise M. Letendre Recording Secretary� � � f (7TY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 10, 2003 W. Burns Ci Mana er �� Wilham , tY g � Jon H. aukaas, Public Works Director Layne R. Otteson, Assistant Public Works Director February 10, 2003 2003 Street Improvement Project PW03-21 Attached is the resolution for finalizing the design and plan preparation for the proposed 2003 Street Improvement Project No. ST. 2003 — 1. This project is located in the Marian Hills neighborhood which includes 52nd Avenue, Taylor Street, Fillmore Street, Pierce Street, Buchanan Street, Lincoln Street, Skywood Lane, and Skywood Court. The resolution accepts the feasibility report and preliminary plans for the improvements as a result of a neighborhood meeting and Council's direction and authorizes the establishment of a public hearing. The public hearing is scheduled for Mazch 3, 2003 Recommend the City Council adopt the resolution so that the design work can be finalized for the 2003 Street Improvement Proj ect No. ST. 2003 —1. 7HH/LRO:cz Attachments 7 RESOLUTION NO. RESOLUTION RECEIVIl�iG THE FEASIBILTY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS:I�IARIAN HII.LS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2003 - 1 WHEREAS, the construcrion of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. WHEREAS, Resolution No. 41-2002 adopted on the 22nd day of July, 2002, by the City Council, ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project. NOW, TT�REFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the feasibility report and preliminary plans submitted by the Public Works Director, is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the azea of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately according to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relarive thereto, as well as at any prior time reasonable and convenient. That a public hearing be scheduled for March 3, 2003 and that all property owners whose property is liable to be assessed with the making of the improvements and constitute 100 percent of the property owners who will benefit from the improvement be notified of the public hearing under the normal procedures set forth in Minnesota Statutes Chapter 429. PASSED AND ADOPTED BY THE CITY COUNCII., OF THE CITY OF FRIDLEY THIS lOTH DAY OF FEBRUARY, 2003. ATT'ESTED: DEBRA A. SKOGEN - CITY CLERK � SCOTT J. LUND - MAYOR FEASIBILITY REPORT FOR 2003 STREET IMPROVEMENT PROJECT NO. ST2003-1 MARIAN HILLS NEIGHBORHOOD FRIDLEY, MINNESOTA I hereby certify that this plan, specifications, or report was prepared by me or under my direct supervision and that i am a duly licensed Professional Engineer with the laws of the State of Minnesota. Jon H. Haukaas, P.E. February 2003 0 Date Registration No. 24769 � TABLE OF CONTENTS Description Table of Contents Introduction Proposed Improvements Background Estimated Costs Funding Sources Summary Appendix 1 10 Pa4e No. 1 2 2 3 4 4 5 6-10 � INTRODUCTION The Engineering Department has proposed to City Council a 2003 Street Improvement Project in Ward 1 for the Marian Hills neighborhood. See Figures A and B for location maps. The project will include street reconstruction and utility improvements. The streets included in this project are as follows: • 52"d Avenue from Taylor Street to Buchanan Street - • Buchanan Street from Columbia Heights City Limits to 53�d Avenue • Fillmore Street from cul-de-sac to 53�d Avenue • Lincoln Street from Buchanan Street to 53`d Avenue • Pierce Street from cul-de-sac to 53�d Avenue • Skywood Court from Skywood Lane to cul-de-sac • Skywood Lane from cuf-de-sac to Matterhorn Drive • Taylor Street from 52"d Avenue to cul-de-sac City Council ordered the preparation of this report in order to consider the feasibility of this proposed project. The work involved of said improvements listed above shall hearafter be designated as: 2003 Street Project No. ST2003-01 PROPOSEDIMPROVEMENTS The improvement considered by this report would consist of removing and replacing the full aggregate and bituminous roadway section on all streets listed. The existing aggregate base section may be salvageable; however, the cost estimate is based upon the aggregate base being removed and replaced. The existing pavement section shall be milled and reused as a supplement to the new aggregate base material. New concrete curb and gutter shall be installed where none currently exists. Existing concrete curb and gutter shall remain unless existing curb and gutter sections are identified as requiring replacement. The grade of the roadway shall remain with very little change, except in isolated areas to improve drainage. Improvements also under consideration include utility upgrades. Also, storm sewer and sanitary sewer improvement will be investigated during the design process. Reliant Energy/Minnegasco has expressed interest in coordinating construction if they are to upgrade their gas mains and services. 2 11 BACKGROUND The City of Fridley in recent years has reconstructed several neighborhoods on a yearly basis. The streets selected have extended beyond their useful life. The pavement has deteriorated to the point where it is beyond preserving and should be replaced. Public Works personnel have pointed out that there is a mixture of soil types in this area. The soils range from sand (desirable) to clay (undesirable). A professional soils engineer will perform a subsurface exploration (soil borings) and submit a soils report to the Engineering Department. Generally, the existing bituminous pavement has received several seal coats and has required a vast amount of continual patching by City crews to keep it drivable. The bituminous curbs have deteriorated away due to environmental effects and snowplowing. The new concrete curb and gutter is very durable and can withstand environmental impacts and snowplowing for many decades to come. Obviously, as the street ages linearly, the maintenance cost increases exponentially. Recent examples of neighborhood projects are: Edgewater Gardens (2002), Moore Lake Hills (2001), Melody Manor (2000), Riverview Heights (1999), and Hackmann Avenue (1998) - � 12 ESTIMATED COSTS The street reconstruction costs are estimated to be in the range of $650,000. The utility improvement costs are estimated to 6e in the range of $70,000. All costs are preliminary, but are expected to stay within the budgeted amount. A 10% contingency is included in the preliminary costs. Estimated costs of this proposed work can be found on Figure C of the Appendix. FUNDING SOURCES The project will be paid for using a variety of funding sources. The funding sources are Street Capital Improvement fund, Minnesota State Aid funds, Storm Water fund, Water fund, Sanitary Sewer fund, and special assessments. A funding breakdown worksheet can be found on Figure D of the Appendix. It is proposed to assess the benefiting properties adjacent to the project. Residential properties shall be assessed per front foot on the address side. Non-residential properties shall be assessed per front foot of improved street adjacent to their properties. The front footage shall be measured at 35 feet from the property line - towards the building. Assessment costs shall not exceed $15 per foot as measured by the Engineering Department. 4 13 SUMMARY The reconstruction and utility work proposed for the Marian Hilis Neighborhood fits within the 2003 Capital Improvement Plan. The streets are beyond their useful life and are becoming a maintenance burden upon the City crews. The project is cost effective, necessary, and feasible from an engineering standpoint as stated in this report. The Engineering Department recommends that the City Council approve this project and move forward and call a public hearing on the proposed improvements. 5 14 APPENDIX FIGURE A PROJECT LOCATION MAP FIGURE B PROJECT AREA FIGURE C OPINION OF PROBABLE COST FIGURE D FUNDING SOURCE BREAKDOWN 6 15 . N NO SCALE � PROJECT �OCATION F�EASIBILITY REP❑RT MARIAN HILLS NEIGHB�RH��D PR❑JECT L�C��I�N MAP � DATE� FEBRUARY 2003 �IGURE A • . � F- � � 0 J � Q F-- � � W � a � J J � � N NO SCALE � � w U � W a. 52ND AVE �- � Z Q z a _ U � � N 5� LZNG�' C�LUMBIA HEIGHTS CITY LIMITS FEASIBILITY REP�RT MARIAN HILLS NEIGHB�RHDOD PR�JECT Af�E.,q MAP � � DATE� FEBRUARY 2003 FIGURE B FIGU RE C OPINION OF PROBABLE COST SCHEDULE A - STREETS NO DESCRIPTION 1 MOBILIZATION 2 TRAFFIC CONTROL 3 REMOVALS (MISC) 4 REMOVE BIT. PAVEMENT 5 COMMON EXCAVATION 6 SUBGRADE EXCAVATION 7 SUBGRADE PREP 8 F&I GRANULAR BORROW 9 CLASS 5 AGGREGATE BASE 10 F&I CONCRETE CURB & GUTTER 11 TYPE 31 BASE COURSE 12 TYPE 41 BASE COURSE 13 BITUMINOUS DRIVEWAYS 14 CONCRETE DRIVEWAYS 15 SOD w/ 4" TOPSOIL 16 SAW & SEAL JOINTS 17 LANDSCAPE REPAIR 18 MISC STREET IMPROVEMENTS SCHEDULE B - SANITARY SEWER 1 F&I MH CASTING 2 ADJUST FRAME, RING, & CASTING 3 REMOVE & REPLACE SAN SWR SERV 4 MISC SAN IMPROVEMENTS SCHEDULE C - STORM SEWER 1 F&I MH CASTING 2 ADJUST FRAME, RING, & CASTING 3 F&I CB CASTINGS 4 MISC SEWER IMPROVEMENTS SCHEDULE D - WATERMAIN 1 MISC WATERMAIN IMPROVEMENTS EST UNIT UNIT QTY COST LS 1.00 $ 22,000.00 LS 1.00 $ 4,000.00 LS 1.00 $ 3,000.00 SY 21,000.00 $ 2.00 CY 2,500.00 $ 8.00 CY 4,000.00 $ 6.00 STA 64.00 $ 200.00 CY 800.00 $ 7.00 TON 4,000.00 $ 9.00 LF 13,500.00 $ 8.00 TON 2,600.00 $ 33.00 TON 2,100.00 $ 35.00 SY 1,250.00 $ 17.00 SY 2,300.00 $ 38.00 SY 16,000.00 $ 2.00 LF 5,000.00 $ 1.50 LS 1.00 $ 5,000.00 LS 1.00 $ 5,000.00 SCHEDULE A - SUBTOTAL TOTAL COST $ 22,000.00 $ 4,000.00 $ 3,000.00 $ 42,000.00 $ 20,000.00 $ 24,000.00 $ 12,800.00 $ 5,600.00 $ 36,000.00 $108,000.00 $ 85,800.00 $ 73,500.00 $ 21,250.00 $ 87,400.00 $ 32,000.00 $ 7,500.00 $ 5,000.00 $ 5,000.00 E 594,850.00 EA 26.00 $ 400.00 $ 10,400.00 Eq 26.00 $ 200.00 $ 5,200.00 Eq 10.00 $ 1,000.00 $ 10,000.00 LS 1.00 $ 1,000.00 $ 1,000.00 SCHEDULE B- SUBTOTAL S 26,600.00 E,q 10.00 $ 400.00 $ 4,000.00 Eq 10.00 $ 200.00 $ 2,000.00 Eq 24.00 $ 500.00 $ 12,000.00 LS 1.00 $ 5,000.00 $ 5,000.00 SCHEDULE C- SUBTOTAL S 23,000.00 LS 1.00 $ 8,000.00 $ 8,000.00 SCHEDULE D - SUBTOTAL $ 8,000.00 : SCHEDULE A-D SUBTOTALS $ 652,450.00 10% CONTINGENCY $ 65,245.00 GRAND TOTAL S ��7,695.00 0 0 0 ITEM NO 1 2 3 4 5 6 FIGURE D FUNDING SOURCE BREAKDOWN FUNDING SOURCE MN STATE AID SPECIAL ASSESSMENT SANITARY FUND STORM WATER FUND STREET FUND WATER FUND GRAND TOTAL FUNDS BUDGETED $ $ � $ $ $ $ 19 325,000.00 125,000:00 25,000.00 125,000.00 70,��0.�0 50,000.00 720,000.00 � � � CRY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 10, 2003 William W. Burns, City Manager 1�� Jon I-�Haukaas, Public Works Director January 28, 2003 Signal Agreement - TH 65 and Mississippi Street PW03-019 - The attached resolution enters the City of Fridley into an agreement with the State of Minnesota Department of Transportation for a project to upgrade and replace the traffic signal system on TH 65 at Mississippi Street. , The City of Fridley does not have any construction costs involved in this project. The City will continue to be responsible for the cost of the power to the signal as well as replacement of lamps as necessary. All other repair work will be the responsibiliry of the state. Ciry staff did question the compatibility of this project to future TH 65 upgrades. As there does not currently exist any future plans for expansion of this intersection, including the City's TH 65 Causeway Expansion project, there is nothing to design for. This project is needed now and is the most reasonable approach under the circumstances. Recommend the City Council adopt the resolution entering the City of Fridley into an agreement with the State of Minnesota, Department of Transportation for improvements to the TH 65 and Mississippi Street intersection signal system. - JHH:cz Attachment Z� � RESOLUTION NO. - 2003 A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARZ7�NT OF TRANSPORTATION FOR IMPROVEMENTS TO THE TRUNK HIGHWAY 65 AND MISSISSIPPI STREET INTERSECTION BE IT RESOLVED that the City of Fridley enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: . To remove the existing traffic control signal and install a new traffic control signal with street lights, emergency vehicle pre- emption, interconnect and signing on Trunk Highway No. 65 at County State Aid Highway No. 6(Mississippi Street) in accordance with the terms and conditions set forth and contained in Agreement No. 84369R, a copy of which was before the Council. BE IT FURTHER authorized to Fridley. RESOLVED that the Mayor and City Manager are execute this agreement on behalf of the City of PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS� lOth DAY OF FEBRUARY, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND, MAYOR 21 MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 84369R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY TO Remove the existing Traffic Control Signal and Install a new Traffic Control Signal with Street Lights, Emergency Vehicle Pre-emption, Interconnect and Signing on Trunk Highway No. 65 at County State Aid Highway No. 6(Mississippi Street) in Fridley, Anoka County, Minnesota. S.P. 0207-77 S.A.P. 02-606-10 Prepared by Pre-Letting Services ESTIMATED AMOUNT RECEIVABLE County of Anoka $13,257.00 ZZ � AMOUNT ENCUMBERED None Otherwise Covered � Y � e PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State), and the County of Anoka, (County) , and the City of Fridley, (City) . RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The State has determined that there is justification and it is in the public's best interest to remove the existing traffic control signal and install a new traffic control signal including street lights, interconnect and signing, (Traffic Control Signal) at the location(s) set out in this Agreement. The City requests and the State agrees to the installation of an Emergency Vehicle Pre-emption System, (EVP System), as a part of the new Traffic Control Signal installation. It is considered in the public's best interest for the State to provide a master controller and a new cabinet and control equipment to operate the new Traffic Control Signal. 84369R -1- 23 . The County, City and the State will participate in the cost, maintenance and operation of the new Traffic Control Signal and EVP System. CONTRACT 1. The State will prepare the necessary plan, specifications and proposal, (Preliminary Engineering). The State will also perform all necessary construction inspection, (Construction Engineering). 2. The Cost of Construction, (Construction Cost) consists of the contract cost of the work or, if the work is not contracted, the actual cost of all labor, materials, and equipment rental required to complete the work. Construction Cost does not include the cost of providing the power supply to the service pole or pad. 3. The State, with its own resources or by contract, will remove the existing traffic control signal and install a new Traffic Control Signal and EVP_System on Trunk Highway No. 65 at County State Aid Highway No. 6(Mississippi Street) pursuant to State Project No. 0207-77 and State Aid Project No. 02-606-10. Estimated Construction Cost is $245,500.00 which includes a lump sum amount of $25,500.00 for State-furnished Materials. State's share is 95 percent. County's share is 5 percent. 84369R -2 24 � 0 4. Upon execution of this agreement, award of the Construction Contract, and receipt of State's written request, , the County will make an advance payment to the State of its project costs. The County's project costs will be the sum of the following: a. The County's share (as specified in Paragraph 3) based on the actual bid prices and the lump sum State furnished material costs. b. Eight percent of its share [Item (a) above] . for the cost of Engineering and Inspection. 5. Upon completion and final State acceptance of the project, the County's final project costs will be the sum of the following: a. The County's share (as specified in Paragraph 3), based on the actual Construction Cost and the lump sum State- furnished Materials costs. b. Eight percent of its final share [Item (a) above] for the cost of Engineering and Inspection. If the amount of the funds advanced by the County exceeds the County's final project costs, the excess will be promptly returned to the County without interest. If the amount 84369R -3 25 of funds advanced by the County is less than the County's final project costs, the County will promptly pay the balance to the State. 6. The City will be responsible for the cost and application to secure an adequate power supply to the service pad or pole. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the Traffic Control Sigr,al and EVP System. 7. Upon completion of this project, the City will, at its cost and expense: (1) maintain the luminaires and all its components, including replacing the luminaire when necessary; (2) relamp the new traffic control signal and street lights; and (3) clean and paint the new traffic control signal, cabinet and luminaire mast arm extensions. The State will, at its cost and expense, maintain the interconnect and perform all other traffic control signal and street light maintenance. 8. The EVP System will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) Al1 maintenance of the EVP System must be done by State forces. b) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, 84369R -426 c Subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's Assistant Division � Engineer or his/her designated representative a list of all vehicles with emitter units. c) Malfunction of the EVP System must be reported to the State immediately. d) In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. e) All timing of the EVP System will be _ determined by the State. � 9. Each party will be solely responsible for its own acts and omissions and the results thereof, to the extent authorized by law. The State's liability is governed by the 84369R -5- 27 Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. Each party will be solely responsible for its own employees for any Workers Compensation claims. 10. All timing of the new Traffic Control Signal will 0 be determined by the State, and no changes may be made except with the approval of the State. 11. Upon execution and approval by the County, the City and the State and completion of the construction work provided for herein, this agreement will supersede and terminate the operation and maintenance terms of Agreement No. 58009, . dated September 2, 1975, between the parties, for the intersection of Trunk Highway No. 65 at County State Aid Highway No. 6 (Mississippi Street). 12. Upon execution and approval by the County, the City and the State and completion of the construction work provided for herein, this agreement will supersede and terminate the operation and maintenance terms of Agreement No. 63313, dated March 13, 1986, between the City and the State, for the intersection of Trunk Highway No. 65 at County State Aid Highway No. 6 (Mississippi Street). 13. Any amendment to this Agreement must be in - writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 84369R -628 , 14. If the State fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 15. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 16. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 17. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. 18. The State's obligation to perform any work, or to let a Contract for the performance of the work, on the State Project referenced above, is subject to the availability of funding from the Minnesota Legislature or other funding source. 84369R -7- 29 APPROVED AS TO FORM: County Attorney RECOMMENDED FOR APPROVAL: County Highway Engineer APPROVED AS TO FORM: City Attorney COUNTY OF ANOKA - By: Chairperson of the Board Date: By: County Auditor Date: CITY OF FRIDLEY 84369R -8- 30 By: Mayor Date: By: City Manager Date: . . � DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Assistant Division Engineer COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division �� Date: 84369R -931 DEPARTMENT OF TRANSPORTATION � State Design Engineer Date: ATTORNEY GENERAL As to form and execution: � Date: ! � GTIf OF FRIDLEY To From Date: AGENDAITEM CITY COUNCIL MEETiNG OF FEBRUARY 10, 2003 � William Burns — City Manager � Jon Haukaas — Director of Public Works Paul Lawrence — Superintendent of Public Works February 5, 2003 PW03-20 Subject: Award of the Repair of Well #1 and Well #11 The Public Works Department prepared specifications and advertised for bids for the repair of City Wells #1 and #11. On February 4, 2003 the City received bid proposals from four well repair contractors. All the proposals met City specifications and bid bond requirements. Well # 1 Results: Bergersen-Caswell Maple Plain, NIN Keys Well St. Paul, MN E. H. Renner Elk River, MN Traut Well St. Cloud, MN Well #11 Results: $38,880 �, u uo,,,,ar �� z sd �i . u:..o �_,�.; withdrawn $42,600 $51,304 $54,635 Bergerson-Caswell Maple Plain, MN Keys Well St. Paul, MN Traut Well St. Cloud, MN $34,130 $34,995 $51,995 After the bid opening, E H Renner requested the withdrawl of their bid due to incorrect prices. After consultation with the City Attorney, we have agreed to do this. The FY2003 Water Department capital budget has allocated $65,000 for the repair of Wells # 1 and # 11. The bids received are m�imum amounts and will only be expended if all parts of the well need to be replaced. The well repairs are bid based on the unit cost of the parts that actually are replaced and therefore actual final repair costs are projected to be less than the budgeted amount. We recommend that the repair of Well #1 be awarded to Bergerson-Caswell in the amount of $38,880 and that the repair of Well #11 also be awarded to Bergerson-Caswell in the amount of $34,130. �2 � � � GTY OF FRIDLEY TO: ' FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 10, 2003 William W. Burns, City Manager y��' r�� Jon H. Haukaas, Public Works Director January 27, 2003 Change Order No. 1: Municipal Garage Office Expansion PW03-018 Change Order No. 1 for the Fridley Municipal Garage Office Expansion covers four minor items that have come up during construction. There are three additional items to the contract and one . deduct item. They are as follows: � • Extra soil corrections during excavation for footing at the northeast corner of the building totaling $702. • T`he addition of below grade insulation around the foundation to improve energy e�ciency totaling $1,214. • A change to the interior ceiling design to bring more light into the entry and reception area totaling $469. • Omission of the window from the upstairs office into the mechanics bay. The window would have required expensive additional protection devices to meet fire code and was, therefore, deleted for deduct totaling $600. Net cost of Change Order No. 1 is $1,785 for a revised contract amount of $732,285. Recommend the City Council approve Change Order No. 1 to CM Construction for work on the Fridley Municipal Garage Office Expansion Project. JHH:cz Attachment 33 2 0 0 0 E D I T I O N AIA DOCUMENT Change Order (lnstruCtions on revene side) PROJECT: CHANGE ORDER NUMBER: 1 L�'untc d�td addrcsi I Fridley Public Works Expansion �ATE: 1/18/2002 CityofFridley ARGHITECT'S PROIECT NUMBER: 22_�2 CONTRACT DATE: T O C O N T R A C T O R: C�I COt1StrI1Ct10R C O N T R A C T F O R: Gei12I'3� CORStrllCtlOi1 i:�'�me und �ddrcss i 12215 Nicollet Avenue Burnsville, MN 55337 THE CONTRACT IS CHANGED AS FOLLOWS: jlndude, where upplicable, any urtdisputed amount attributa6le to previously eucuted Consuuction Change DirettivesJ 1. GCPR #3, add below-grade insulari� at the perimeter of the building: �1,214.00 2. PR # l, Provide angled ceiling detail at west wall for added daylight: 5469.00 3. ASI # 1, omit the glazed opening at the mezzanine wall: ($600.00) credit 4. GCPR #6, Perform soil corrections at the northeast corner of the building: $702.00 Net Total: $1,785.00 I V7�1-Z�O� OWNER � ARCHITECT ❑ CONTRACTOR ❑ � fIELD ❑ OTHER ❑ � The original (Contract Sum) � a � 0.00 The net change by previously authorized Change Orders s The (Contract Sum) (`' --' 'J '`'°'-'"'— T-""` prior to this Change Order was s 730,500.00 The (Contract Sum) (�' - �°a *'`°"'�'..�' °""e) will be (increased) (�) �a�ge�) by this Change Order in the amount oE S 1,785.00 mcludin this Chan e Order will be s�32,285.00 The new (Contract Sum) �)� S S The Contract Time will be (increased) ( ��{} ( Z) days. �j,� The date of Substantial Completion as of the date of this Change Order therefore is • NOTE: This Change Ocder dces not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Pricewhich have been authorized by Construdion Change Diredive for which the cost or time are in dispute as described in Subpazagraph 7.;8 of AIA Document AZOi. Not valid until signed by the Architect, Contrador and Owner. OERTEL ARCHITECTS CM CONSTRUCTION CONTRACTOR (Typednumel (Signuture! KIRK � � l.l�.� BY b t • ZZ• v3 DATE CITY OF FRIDLEY O W N E R(Typed name) (Signuturel BY DATE � � �� s i��--�� 02000 AIA� AIA DOCUMENT G701-2000 CHANGEORDER �2000 The American Insriture oF Architects. Reproduction of the material herein or substantial quotation of its The American Institute provisions wirhout written permission of the AIA violates the copyrightl�v�f the United States and will subject of Afthitetis rhe violaror ro legal prosecution. J 1735 New York Avenue, N.W. WAIWING: Unikansed photocopying violat�s US. copyright laws and will sub(ect ih� violator to I�gal prosacutfon. WaShingtOn, D.C. 20006-5292 0 . e r � CRY OF FRIDLEY Name Joseph Gerhardt Jeffrey Schoeberl AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 10, 2003 Position Patrol Officer Partial exempt Patrol Officer Partial exempt Appointment Starting Salary $16.58 per hour $16.58 per hour 35 Starting Date Replaces Feb.18, Robert 2003 Friis Feb.18, Adam 2003 Gau � AGENDA ITEM � COUNCIL MEETING OF FEBRUARY 10, 2003 GTY OF FRIDIEY CLAIMS � 09809 - `i � 0052 36 - � Y r�� F J City of Fridle AGENDA ITEM City Council Meeting Of Monday, February 10, 2003 � ` Gas Services Abel B & C Inc � 266 Water St David Ritchie Excelsior MN 55331- Northern Heating 8� Air Conditioning Inc 9431 Alpine Dr NW Brad Peet Ramsey MN 55303- General Contractor-Commercial BH8�H 17815 Hutchins Dr David Harchanko Minnetonka MN 55345- General Contractor-Residential Handyman Home Improvement 8� Repair(20220044) 20703 July Ave N Brian Milbrandt Forest Lake MN 55025- Leger Construction Service (20219315) 12033 Louisiana Ave N Tim Leger Champlin MN 55316- Heatina Abel B 8� C Inc 266 Water St David Ritchie Excelsior MN 55331- Air Conditioning Associates Inc r� 689 Pierce Butler Rte John Matthews F St Paul MN 55104-1696 37 Aaaroved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building O�cial State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official � � Northern Heating 8� Air Conditioning inc 9431 Alpine Dr NW Brad Peet Ramsey MN 55303- Plumbina Seitz Bros. Inc 8600 Xylon Ave N #108 - Brooklyn Park MN 55445- Troy Seitz L1-J Aaoroved Bv: Ron Julkowski Building Official State of MN � r � 0 0 . � � ` CT1Y OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRIJARY 10, 2003 ESTIMATES - Park Construction Company 7900 Beech Street N.E. Fridley, N1N 5�432 57`h Avenue Sanitary Sewer Improvement Project No. 346 EstimateNo. 6 ......................................................................................... $ 31,987.06 CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, MN 55337 9 Municipal Garage Expansion Project No. 343 EstimateNo. 3 ............................................................... Frederic W. Knaak, Esq. Knaak & Kantrud, P.A. 3500 Willow Lake Blvd. Suite 800 St. Paul, MN 55110 Legal Services Rendered as City Attorney for the Month ofJanuary, 2003 ................................................................. Newquist & Ekstrum, Chartered , 6401 University Avenue N.E. Suite 301 Fridley, MN 55432 ............... $126,175.20 ........... $ 5,450.00 Legal Services Rendered as City Prosecuting Attorney for the Month ofDecember, 2002 ................................................................................ $ 17,554.50 39 � f CRY OF PRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF February 10, 2003 � TO: William W. Burns, City Manager 1� � From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Re: Public Hearing for Crab House Music Cafe of Fridley Inc., dba Fridley Crab House Music Cafe, located at 6161 Highway 65 NE, Fridley,lVIN 55432 (Formerly Shorewood Restaurant) Applicant: Thomas A. Howard 649415`h Place N Oakdale, MN 55128 Date: January 30, 2003 Crab House Music Cafe of Fridley, Inc., dba Fridley Crab House Music Cafe, owned by Thomas A. Howard has applied for an intoxicating liquor license at 6161 Highway 65 NE, Fridley, Minnesota, 55432, formerly known as Shorewood Restaurant. Section 603 of the Fridley City Code requires that a public hearing be held to consider the approval of an Intoxicating Liquor License. The City Code also requires that the license can not be approved during the same meeting. The Notice of Public Hearing, Attachment A, was published in the Fridley Sun Focus on January 23, 2003, and mailed to Mr. Howard on January 31, 2003. The Police Department has conducted a background investigation and has found no reason to deny the application at this time. Mr. Nicklow and Mr. Howard are working with the City Building Inspector and Fire Marshal to repair the damage from the fire and bring the building up to code. In addition, Mr. Howard is working with Anoka County to bring the restaurant up to the standards for operating a restaurant. The final approval of the license will be scheduled for February 24, 2003. Staff recommends holding a public hearing for an intoxicating liquor license. . � Attachment A CITY OF FRIDLEY PUBLIC HEARII�IG BEFORE THE CTTY COUNCIL (Lega1 Notice) Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on Monday, February 10, 2003, at 7:30 p.m. on the question of issuing an on-sale Intoxicating Liquor License to Thomas A. Howazd for Crab House Music Cafe of Fridley, Inc. d/b/a Fridley Crab House Music Cafe (formerly known as Shorewood Restaurant and Grille) located at 6161 Highway 65 NE, Fridley, Minnesota. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 3, 2003. Anyone having an interest in this matter should make their interest Irnown at this public hearing. /s/ Debra A. Skogen, City Clerk Published: January 23, 2003 in the Fridley Sun Focus �! � / AGENDA ITEM � CITY COUNCIL MEETING FEBRUARY 10, 2003 GTY OF FRIDLEY Date: February 3, 2002 To: William Burns, City Manager ��P From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: First Reading of Sign Ordinance Amendment — Pertaining to Automatic Changeable Signs M-03-.a 9 INTRODUCTION Staff is recommending the proposed amendment be approved to bring the Fridley sign code into compliance with the US Constitution, based on a recent court ruling. The attached zoning text amendment would remove all of the unconstitutional language regarding regulation of electronic reader board signs by requiring that ALL messages not change more than once every 45 seconds. There will no longer be a time exemption for messages displaying only time, temperature, and/or date. The City Council held the public hearing for this item at their January 27, 2003 meeting. PLANNING STAFF RECOMMENDATION Staff recommends Council hold the first reading of the proposed zoning text amendment in order to bring Fridley's sign code into compliance with the Constitution. �_� � Ordinance No. AN ORDI�TANCE ANIENDNG CHAPTER 214 OF THE FRIDLEY CITY CODE PERTAINING TO AUTOMATIC CHANGEABLE SIGNS. THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY FINDS AND ORDAINS, AFTER REVIEW, EXAMINATION AND STAFF RECOMMENDATION THAT CHAPTER •- 214, SIGNS OF THE FRIDLEY CITY CODE BE AMENDED AS FOLLOWS: _ Section 214.07 SIGNS PERMITTED WITH A SPECIAL USE PERMIT 1. Automatic changeable signs are permitted in all districts except residential districts, and then only after the issuance of a special use permit subject to the followin� minimum conditions: (A) Conformance to the sign requirements within that district. (B) The message shall not change more than once every fo -five (45�seconds ��e�-€e�-��"'�"y�"�"�k��r�� "„`"�� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2003. A TTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publication: . 43 Si SCOTT J. LLJND - MAYOR � � AGENDA ITEM cmroF CITY COUNCIL MEETING �F FEBRUARY 10, 2003 FRIDLEY 1NFORMAL STATUS RE'PORTS � ..