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08/09/2004 - 4588� � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2004 7:30 p.m. — City Council Chambers Attendance Sheet Ple��rint name, address and item number you are interested in. Print Name (Clearly) Address Item No. ��. �,�� vL �7�� M� �� it/� � : = r� -� ; �l T � `i �' " ��/L'' /'�c � r�✓�� .,L�° .. � � ,-, , I �� d�'�3v �, x � � ��-, / - l.%s-�- ✓�- =� � � CITY COUNCIL MEETING OF AUGUST 9, 2004 CffY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regaxd 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. MINNEAPOLIS METRO NORTH CONVENTION AND VISITORS BUREAU: Introduction of Bob Musil, Executive Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 26, 2004 APPROVAL OF PROPOSED CONSENT AGENDA: � NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of July 21, 2004 - .................................................................................... 1 9 FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2004 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Variance Request, VAR #04-11, by Park Construction, to Allow a Portion of the Parking Lot to Remain Gravel for the Purpose of Storing Tracked Vehicles, Generally Located at 30 — 81 St Avenue N.E. (1Nard 3) ........................................................................................ 10 - 20 3. Resolution to Vacate Unimproved Portions of Ely Street and the Alley Way Between Ely Street and Liberty Street, Generally Located at 30 — 81 St Avenue Northeast (Vacation Request, SAV #04-01, by Park Construction) (Ward 3) .......................................................................... 21 - 28 4. Preliminary Plat Request, PS #04-04, by Park Construction, to Replat Multiple Parcels to Create One Lot, to Allow the Petitioner to Develop and the Property Generally Located at 30 — 81 St AvenueN.E. (1Nard 3) ........................................................................................ 29 - 35 5. Approve Professional Services Agreement and Proposal for Engineering Services between the City of Fridley and WSB & Associates, Inc., for the Springbrook Watershed Implementation Project....................................................................................................... 36 - 44 6. Receive Bids and Award Project for the Marian Hills Reservoir Project No. 356 .............................................................. 45 - 49 FRIDLEY CITY COUNCIL MEETING OF AUGUST 9 2004 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED): 7. Approve Change Order No. 2 to the Marian Hills Reservoir Project No. 356 ........................................................................... 50 0 ^ 8. Approve Request to Restrict Parking on the East Side of Stinson Boulevard from 68th Avenue to 69th Avenue; and Approve Request for Additional Parking Restrictions on Lynde Drive Between Polk Street and Fillmore Street ........................................................... 51 — 53 9. Resolution Designating Polling Places and Appointing Election Judges for the 2004 Primary and General Elections .......................................................................... 54 — 56 10. Appointments — City Employees ........................................................................ 57 11. Claims ....................................................................................................... 58 12. Licenses ....................................................................................................... 59 — 62 13. Estimates ....................................................................................................... 63 FRIDLEY CITY COUNCIL MEETING OF AUGUST 9, 2004 PAGE 4 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes NEW BUSINESS: 14. Approve Extension of Curbside Recycling Contract Between the City of Fridley andBFI ..................................................................................................... 64 - 68 15. Informal Status Reports ..................................................................................... 69 ADJOURN. CITY OF FRIDLEY CITY COUNCIL MEETING JULY 26, 2004 The regular meeting of the Fridley City Council was called to order by Councilmember Barnette at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Barnette led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, and Councilmember Bolkcom. MEMBERS ABSENT: Councilmember Wolfe. OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Fritz Knaak, City Attorney Rebecca Brazys, Recording Secretary Barbara Warren, Values First Myra Harris, Fridley Police Department Pete Eisenzimmer, 6535 Oakley Drive N.E. Tim Byrne, 6053 Woody Lane N.E. PRESENTATION OF VALUES FIRST 2004 COMMUNITY RECOGNITION AWARDS: Barbara Warren, Values First, presented community recognition awards to volunteers from Target--Fridley Distribution Center (business) and the Fridley United Methodist Church Group (community organization). PROCLAMATION: Mayor Lund read a proclamation declaring Tuesday, August 3, 2004, as National Night Out. Myra Harris, Public Safety Projects Coordinator, accepted the proclamation and reviewed activities scheduled for National Night Out. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 12, 2004. APPROVED FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 2 of 9 NEW BUSINESS: 1. Resolution Approving a Plat, PS #04-03, Fifth Street Townhomes, by Gerald Windschitl, Tradition Homes, Inc., for the Purpose of Constructing a Four- Unit Town Home Development, Generally Located at 5541 Fifth Street N.E. (Ward 1). Dr. Burns, City Manager, stated on May 5, 2004, the Planning Commission considered Plat Request, PS #04-03, to replat the property located at 5541 Fifth Street to allow for the construction of a four-unit town home development. City - staff and the Planning Commission recommend approval of plat request, PS #04-03, with 11 stipulations. � ADOPTED RESOLUTION NO. 2004-37, WITH THE FOLLOWING ELEVEN STIPULATIONS: 1. THE FINAL LANDSCAPE PLAN SHALL MEET CODE REQUIREMENTS FOR NUMBER OF AND SIZE OF PLANTINGS AND BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 2. ALL LANDSCAPED AREAS SHALL HAVE IRRIGATION INSTALLED; 3. BRICK ON BUILDING ELEVATIONS SHALL BE EXTENDED UP TO THE BANDING ELEMENT ABOVE THE GARAGES (SHOWN ON SUBMITTED ELEVATIONS); 4. A GRADING AND DRAINAGE PLAN SHALL BE SUBMITTED AND APPROVED BY THE CITY'S ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 5. A UTILITY PLAN SHALL BE SUBMITTED AND APPROVED BY THE CITY'S ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 6. INDIVIDUAL SERVICES WILL BE REQUIRED FOR EACH UNIT; 7. PETITIONER SHALL PROVIDE EASEMENTS AS SHOWN ON PRELIMINARY PLAT; 8. THE PETITIONER SHALL PAY APPLICABLE PARK DEDICATION FEE OF $1, 500 PER UNIT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; 9. THE PETITIONER SHALL PROVIDE PROOF THAT ANY EXISTING WELLS OR INDIVIDUAL SEWAGE TREATMENT SYSTEMS LOCATED ON THE SITE ARE PROPERLY CAPPED OR REMOVED; 10. ASSOCIATION DOCUMENTS TO BE FILED WITH FINAL PLAT; AND 11. A DEVELOPMENT AGREEMENT OUTLINING THE DEVELOPER'S OBLIGATION TO INSTALL UTILITIES, ETC., WILL BE PREPARED BY THE CITY AND SHALL BE SIGNED BY THE PETITIONER, PRIOR TO FINAL PLAT APPROVAL. 2. Approve Development Agreement between the City of Fridley and Gerald C. Windschitl of Tradition Homes, Inc. for the Property Generally Located at � 5541 Fifth Street N.E. (Ward 1). Dr. Burns, City Manager, stated staff and the Planning Commission recommend approval of Plat Request, PS #04-03, with 11 stipulations. At the May 24, 2004, City Council meeting the preliminary plat was approved with 11 stipulations. To be consistent in the plat process, a development agreement has been prepared. FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 3 of 9 Staff recommends approval of the development agreement with eleven stipulations. APPROVED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND GERALD C. WINDSCHITL OF TRADITION HOMES, INC., WITH THE FOLLOWING ELEVEN STIPULATIONS: 1. THE FINAL LANDSCAPE PLAN SHALL MEET CODE REQUIREMENTS FOR NUMBER OF AND SIZE OF PLANTINGS AND BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 2. ALL LANDSCAPED AREAS SHALL HAVE IRRIGATION INSTALLED; 3. BRICK ON BUILDING ELEVATIONS SHALL BE EXTENDED UP TO THE BANDING ELEMENT ABOVE THE GARAGES (SHOWN ON SUBMITTED ELEVATIONS); 4. A GRADING AND DRAINAGE PLAN SHALL BE SUBMITTED AND APPROVED BY THE CITY'S ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 5. A UTILITY PLAN SHALL BE SUBMITTED AND APPROVED BY THE CITY'S ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 6. INDIVIDUAL SERVICES WILL BE REQUIRED FOR EACH UNIT; 7. PETITIONER SHALL PROVIDE EASEMENTS AS SHOWN ON PRELIMINARY PLAT; 8. THE PETITIONER SHALL PAY APPLICABLE PARK DEDICATION FEE OF $1, 500 PER UNIT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; 9. THE PETITIONER SHALL PROVIDE PROOF THAT ANY EXISTING WELLS OR INDIVIDUAL SEWAGE TREATMENT SYSTEMS LOCATED ON THE SITE ARE PROPERLY CAPPED OR REMOVED; 10. ASSOCIATION DOCUMENTS TO BE FILED WITH FINAL PLAT; AND 11. A DEVELOPMENT AGREEMENT OUTLINING THE DEVELOPER'S OBLIGATION TO INSTALL UTILITIES, ETC., WILL BE PREPARED BY THE CITY AND SHALL BE SIGNED BY THE PETITIONER, PRIOR TO FINAL PLAT APPROVAL. 3. Approve Preliminary Plat Extension Request, PS #03-18, by Town Center Development for the Properties Located at 1282 Mississippi Street and 6490 Central Avenue NE (Ward 2). Dr. Burns, City Manager, stated Town Center Development received preliminary plat approval from the City Council on January 5, 2004, for the properties located at 1282 Mississippi Street and 6490 Central Avenue. At this time, the developers are in the process of resolving some title and land issues that have caused them to not be able to close on the property. On July 6, 2004, staff received a letter from Richard Whinnery, of Town Center Development, LLC, requesting a six- month extension to file the final plat to allow additional time to resolve the issues. Staff recommends approval of the six-month extension to January 5, 2005. REMOVED FROM CONSENT AGENDA AND MOVED TO NEW BUSINESS FOR DISCUSSION. FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 4 of 9 4. Ratification of Actions and Reauthorization to Execute City of Fridley and School District No. 14 Land Swap Documents. Dr. Burns, City Manager, stated the purpose of this action is first to ratify or reconfirm all previous actions of the City with regard to Vineland Park Plat and the land swap with certain easements granted to each of the parties, the City of Fridley and School District No. 14. The second part of this action reauthorizes staff to finalize the documents by collecting all pertinent signatures and filing said documents with Anoka County. The preliminary Vineland Park Plat was approved in 1996 and the final plat was approved and filed in 2002. Tonight's action completes the land swap between the City of Fridley and School District 14 that was started in 1996, reaffirms all previous actions, and authorizes staff to execute quit-claim deeds, well certificates and easements associated with the land swap. The new plat recognizes existing land uses by the City and School District No. 14 and eliminates confusion created by the existence of City and district buildings and facilities on property owned by the other entity. Staff recommends Council's approval. APPROVED. 5. Approve School Resource Officer Service Agreement befinreen the City of Fridley and School District No. 14. Dr. Burns, City Manager, stated the City has been providing school resource officers for the Fridley Middle School and High School since 1994. Until now, all of the costs for salary and benefits have been borne by the City. The agreement establishes district responsibility for half of the salary and fringe benefit costs during the nine months that school is in session. The officers will serve at the direction of the Fridley Public Safety Director and will be a resource in both schools for faculty and administration. The agreement runs through the last day of the current school year and is subject to renewal on an annual basis. Staff recommends Council's approval. APPROVED. 6. Claims. APPROVED CLAIM NOS. 117412 THROUGH 117565. 7. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom requested that Item 3 be removed from the consent agenda. FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 5 of 9 MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to approve the proposed Consent Agenda with the removal of Item 3. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to adopt the agenda with the addition of Item 3. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Pete Eisenzimmer, 6535 Oakley Drive N.E., questioned why Council approved the Charter Amendment regarding utility rates rather than putting it on the ballot. He also objected to a newspaper article that did not disclose the rate increase in 2004 for utilities. He said he will be requesting signatures from Fridley residents to put this matter on the ballot for the upcoming election. He also recommended the City cut down costs by reducing the recycling pick-ups to twice a month rather than four times a month. Councilmember Billings explained that the recycling contract is up for renewal and the frequency of pick-ups will be examined. The reason for weekly pick-ups originally was that Anoka County mandated a certain amount of recyclables the City must collect each year. It was deemed, based on perFormances around the metropolitan area, that an every week collection made it possible to gather more products. By having a regular weekly pickup schedule, it makes it easier for residents to know when the recycling day was, and the City was able to generate more recycled goods. He stated the difference in cost between weekly and bi-weekly collections was minimal. Dr. Burns, City Manager, added if the City does not meet the tonnage goals for recyclable materials, it loses out on SCORE funds, which are a significant portion of the funding for the recycling program. Councilmember Billings stated the recycling program will be discussed at the August 9 Council meeting. Mr. Eisenzimmer asked why the City's published budget information is difficult to read. Councilmember Billings explained the City uses the format required by the state. Dan Garcia asked if there was an update on the loud noise complaints from car stereos. � FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 6 of 9 Dr. Burns said he spoke with the Public Safety Director and asked that the police do some surveillance on and around Mississippi Street. He said there was an ordinance prohibiting noise from vehicles being heard more than 75 feet from the vehicle. Tim Byrne, 6053 Woody Lane N.E., presented a copy of a letter he submitted to the Sun Focus regarding the Islamic Center's expansion plans. Councilmember Billings asked Mr. Hickok if the Islamic Center had submitted an application to the city. Mr. Hickok stated no application had been submitted. Mr. Byrne stated the people in his neighborhood are concerned about any new development and specifically parking, ponding, and privacy issues related to new development. He asked if parking restrictions are set in stone and if they were negotiable. Councilmember Billings explained that each zoning district and each use has a specified parking ratio. Under certain circumstances, the required parking is negotiable because some developments have multiple uses. Mr. Byrne asked if the actual location of the parking lot was negotiable. Councilmember Billings replied that the physical location of the parking lot has more to do with the setbacks from the property lines and where the property owner wants to have the parking lot on the site. Mr. Byrne asked if there will be an opportunity for residents to meet with staff. Councilmember Billings stated there will be two opportunities; a public hearing before the Planning Commission and again before the Council. State law does not allow the City to require a developer to come in for any more meetings. Mr. Byrne explained that residents are concerned that there will be little or no notice prior to the hearings and that they will have insufficient time to review the proposal and suggest specific stipulations to address their concerns. Councilmember Billings stated if anyone has concerns they are welcome to send those concerns to the Community Development Department. There are certain rules and regulations set forth in the State statutes. Council cannot be arbitrary and capricious and cannot hold one property owner to a higher standard than they hold all other property owners. Councilmember Bolkcom said when a developer has a project, Council's goal is to have that developer work with the neighborhood. FRIDLEY CITY COUNCIL MEETING. JULY 26, 2004 Paqe 7 of 9 Mr. Byrne asked if storm water containment ponds had man-made features or if they could be lowland. Mr. Hickok stated it could be one or the other or both depending upon the development. If there was a natural feature such as a lowland, and it did not have any restrictions that kept it from being a storm pond, it could be. If Mr. Byrne is asking specifically if the existing wetland north of the school is eligible to become a storm ponding area for the school, it is possible, but a hydrologist or civil engineer would be required to do a study and prove that this meets the requirements while not conflicting with State law. Mr. Byrne stated the neighbors are concerned that any changes in that area could cause flooding in their yards. Mayor Lund explained that developers are required to hire a registered engineer to do those calculations. They must contain storm water run-off for a ten-year and a one hundred-year flood on their property. Mr. Hickok said once an application was accepted, staff has ten days to let the developer know whether or not the application was complete. Before the Planning Commission meeting there are two published notices at least ten days before the scheduled hearing. Notices are also sent to property owners within 350 feet of the perimeter of the project at least ten days before the meeting. Residents frequently stop in to discuss a proposed development with City staff or call with questions and offer feedback. Mr. Byrne said the neighbors want some education prior to the hearing. Councilmember Bolkcom commented that there would be nothing wrong with staff suggesting to the Islamic Center when an application is filed that they meet with the neighbors before the Planning Commission meeting. Councilmember Barnette asked if staff sent out notices beyond the 350 feet. He asked if staff could request the sign-in sheet from the neighborhood meeting held by the Islamic Center. Mr. Hickok said they have done that. The City has a very organized process and staff could not always judge what was going to be controversial and what was not. He stressed that when residents have questions or concerns, they need to contact staff or the developer. Councilmember Bolkcom commented that these types of issues will be addressed in the educational meetings, the first one to be held August 19. FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 8 of_9 NEW BUSINESS: 3. Approve Preliminary Plat Extension Request, PS #03-18, by Town Center Development for the Properties Located at 1282 Mississippi Street and 6490 Central Avenue NE (Ward 2). Councilmember Bolkcom said she wanted to make sure residents understand that the plat extension is being requested to work out title issues. No changes have been made to the building or to the elevations. Mr. Hickok replied the architectural plans were prepared in accordance with the requirements. They are simply waiting for title issues to be resolved. They hope to be in the ground yet this fall. Councilmember Bolkcom asked if the neighbors can be notified when the final plat is being presented to Council for approval. Mr. Hickok stated staff will republish the notice for the meeting. Although it is not typical to hold a second hearing, there has been enough time in between that staff would like to give residents an opportunity to know that the final plat is being presented. It is his understanding that the final plat will not look any different than the preliminary plat and it coincides with the Master Plan. Councilmember Bolkcom stated if there were any changes in the final plat, those changes would be discussed at that meeting. Mr. Hickok stated if there were significant changes, they would need to be reviewed, but to his knowledge, they are ready to submit the plans as they have been approved. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to approve Preliminary Plat Extension, PS #03-18, by Town Center Development. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Informal Status Report: Councilmember Bolkcom stated she has some questions about the minutes from the Environmental Quality and Energy Commission meeting. She would like additional information available at the August 9 City Council meeting regarding the recycling contract. FRIDLEY CITY COUNCIL MEETING, JULY 26 2004 Paqe 9 of 9 ADJOURNMENT MOTION by Councilmember Barnette, seconded by Counciimember Bolkcom, to adjourn. UPON AVOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:30 PM. Respectfully submitted by, - Rebecca Brazys Scott J. Lund Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION JULY 21, 2004 CALL TO ORDER Chairperson Kondrick called the July 21, 2004, Planning Commission meeting to order at 7:30 p.m. ROLL CALL Members present: Members absent Barbara Johns, Larry Kuechle, David Kondrick and Leroy Oquist. Diane Savage, Dean Saba, and Brad Dunham Others present: Scott Hickok, Community Development Director Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Richard Carlson, Petitioner Glen Syverson APPROVE PLANNING COMMISSION MINUTES — May 19, 2004 MOTION by Mr. Oquist, seconded by Mr. Kuechle, to approve the May 19th Planning Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS 1. Consideration of a Street and Allev Vacation, SAV #04-01, bv Park Construction. To vacate unimproved portions of Ely Street and the Alley way between Ely Street and Liberty Street, to allow the petitioner to develop and use the property for their construction business, generally located at 30 — 815� Avenue N E. 2. Consideration of a Preliminarv Plat PS #04-04, bv Park Construction. to replat multiple parcels to create one lot, to allow the petitioner to develop and use the property for their construction business, generally located at 30 81St Avenue NE. MOTION by Ms. Johns, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING STARTED AT 7:34 PM. Ms. Stromberg stated the petitioner, Bruce Carlson of Park Construction Company, is seeking to vacate unimproved portions of Ely Street and the alley way between Ely Street and Liberty Street, which will allow the petitioner to use the property for his construction business. � CITY OF FRIDLEY PLANNING COMMISSION MEETING, J[JLY 21, 2004 Page 2 of 9 Ms. Stromberg explained the petitioner is also seeking to replat multiple parcels together with the vacated street and alley way, to create one lot which will allow the petitioner to develop the property located at 30 81S` Avenue NE. Ms. Stromberg reviewed the pie shaped area between the railroad tracks to the west and the previously owned Park Construction site at 7900 Beech Street to the east is made up of many small parcels. Over the years many of the lots have gone tax forfeit and the Carlson family has acquired them. Currently, the Carlson's own a majority of the parcels and they are in the process of obtaining the remaining parcels from the Metro Waste Commission and a private party. Ms. Stromberg stated in order to get their business up and running in this location, the petitioner at this time is only requesting to vacate and replat a portion of the pie shaped area. When the remaining lots have been obtained by the Carlson's, the petitioner will request an additional vacation of the remaining streets and alleys and a second plat for the area. Ms. Stromberg stated the portion of Ely Street proposed to be vacated is located directly east of the Burlington Northern Railroad tracks. The portion of the alley way proposed to be vacated in the half of the alley located between the unimproved Ely Street and the unimproved Liberty Street, east of the railroad tracks. If the vacation is granted, the petitioner would gain the portion of the Ely Street right-of-way, highlighted on the drawing and half of the 12 foot alley also highlighted on the drawing. Ms. Stromberg stated the street or the alley way could not be connected through because of the railroad tracks to the west and the private property located to the west. Current Public Works staff has indicated that there is no longer a reason to keep this entire right-of-way. The petitioner has received approval from all neighboring property owners to vacate the proposed portion of unimproved street and alley way. Ms. Stromberg stated the petitioner has also applied for a variance to allow a portion of the parking lot to remain gravel for the purpose of storing tracked vehicles. The Appeals Commission unanimously recommended approval at their July 14, 2004 meeting. The variance will go to the City Council with the vacation and plat request on August 9, 2004. Ms. Stromberg stated the staff recommends approval of this proposed street and alley way vacation and the preliminary plat, with stipulations. • Street can never be connected through. • Replat will allow the petitioner to develop and utilize property. Ms. Stromberg stated that staff recommends approval of both the vacation and preliminary plat request, with the following stipulations: 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. Petitioner to be responsible for all water and sewer connection fees. 3. Petitioner shall obtain all necessary building permits prior construction. 4. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 5. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 2 CITY OF FRIDLEY PLANNING COMMISSION MEETING, JLTLY 21, 2004 Page 3 of 9 6. Gravel parking / storage area to be defined and maintained as indicated on site plan dated 7/9/04. 7. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 8. Site must meet Fire ��larshall's standards for sprinklering, water supply, and fire access. . 9. Fire access land / drive aisle shall be striped on bituminous area and kept open at all times. 10. Petitioner to vacate remaining streets and alleys and replat property to incorporate the Met Council and Syverson/Daniels parcels within 2 years of the preliminary plat approval for Lot 1, Block 1, Park Shop. Southerly lots owned by the Carlsons shall not be used for "Park" or other operations until aforementioned approvals have been granted. Mr. Kuechle asked for clarification on the last stipulation. Ms. Stromberg explained that unless there is a principal structure on a piece of land, that land cannot simply be used for outdoor storage. At this time, only the northern portion of this parcel is being requested to be platted and built on, therefore, only activity and storage related to the business can happen on the northern portion of the pie shaped land and not the southern. Richard Carlson, petitioner, stated he has been on this site since 1970 and the southern half of the property has been used since 1975. Consequently, Mr. Carlson objected to the last stipulation. He stated they are in the business of grading streets around the metropolitan area; taking concrete curb and gutter and asphalt up and they would like to continue using the southern half of the property for such storage. Mr. Hickok explained it is the staff's position that the Park site existed on the 20 acres east of the subject property and in the redevelopment of that 20 acres, they moved onto this site. The petitioner wanted to get the building up and get that portion of their operation up and running so the staff came to the solution of allowing the first lot to be platted so the building can be built, the track equipment has its place, and the rubber tired equipment has its place, but further use of the property would be contrary to the M3 code. For the staff to state anything other than what is reflected in Stipulation 10 would be contrary to what would be allowed in that district. It's important to make the distinction between a use that's permitted and grandfathered and an activity that has been occurring over a period of time. An activity is not grandfathered and cannot be allowed to occur until the land is platted. Once this entire parcel is platted, then the building now under construction will become the principal use for the entire site and the southern portion can be used for the operation as they're suggesting. This is consistent with the code and what has been done in other places. Mr. Carlson stated he owns Park Construction Company and has used this piece of property since 1976. Nothing's been changed, yet all of a sudden until the bottom half is platted, they're being told they can't use it. The southern half hasn't been platted because they haven't been able to buy all the property in question; the Syverson property is in probate and the Metro Sewer Board has to go through a lengthy process before being able to sell the lots they currently own. Mr. Carlson stated he believes they should be able to continue utilizing this property as they have been since 1976. Additionally, as soon as they are able to proceed with purchasing the balance of the lots, they will plat the entire parcel. He added that Park Construction petitioned in 1983 to have Longfellow Street and the 12 foot alley vacated but the City never proceeded. He stated he has records of paying the fee and submitting the application for this vacation. 3 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NLY 21, 2004 Page 4 of 9 Mr. Hickok stated the staff is helping Park Construction now by allowing them to do something rather unconventional by allowing their building to go up before the property is platted. Park Construction has owned this land for many years but the business had been located on the 20 acres east of this site and when they sold that land, they moved onto the parcel in question which was largely undeveloped. Consequently, this property is being relied upon for the new Park Construction site without platting, without a building and without any of the hard surface requirements for outdoor storage. Mr. Hickok stated that strides that have been made by the City staff by allowing the building to proceed and by suggesting the parcel be divided in half so the northern portion can be platted while the petitioner awaits final purchase of the remaining lots in the southern parcel. The staff is trying to do everything they can to get Park Construction up and running. In 1983, the records show a fee was paid for vacation as Mr. Carlson stated, but there was no application, no paper trail as to what may have happened. Mr. Hickok stated that this won't be the place where they can stockpile until they get their applications in and that piece is platted and combined with the parcel to the north. The staff's recommendation is a mid-ground solution that allows Park Construction to have their building, to have their equipment there, but not to allow any other activities until they get it consolidated into a parceL Mr. Carlson responded that they have no place to put the equipment they have and he thinks a fair and reasonable solution would be to let them utilize the property just the way it is now until such time as they can purchase the remaining lots from Mr. Syverson and the Metropolitan Sewer Board. Park Construction, he stated, is doing everything the City has asked them to do. The fair solution would be, as long as they continue using the property the way it has been used, and as long as they intend to plat the entire parcel eventually, they should be able to continue using the property. Mr. Carlson asked Mr. Hickok if they will get cited if they continue using the southern portion of the property. Mr. Hickok responded that doing something in the City that is illegal will result in a citation. He added, however, that there are stockpiles on the southern portion of this site and the staff is not suggesting that they will be issuing citations in the next few months for the piles sitting there. What they are suggesting is that activity in the southern portion that would result in traffic and dust would not be acceptable until that property is platted. If Mr. Carlson is asking if they need to remove the storage currently on the southern portion, Mr. Hickok stated the answer would be no. What they're suggesting by the stipulation is that the southern portion is not an active part of the site until it is platted and they move forward. Mr. Oquist stated if he understands correctly, the northern portion of the property has sufficient storage area for their equipment. Mr. Hickok stated that is correct. Mr. Oquist commented that the Planning Commission has to be careful not to set a precedent. If the petitioner is allowed to continue the current storage on the southern portion, that's what they're going to have to live with for a while until it is platted. Mr. Kuechle asked if the petitioner can proceed under a Special Use Permit. �� CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 21, 2004 Page 5 of 9 Mr. Hickok stated it would have to be spelled out in the M3 district as a Special Use Permit. That would assume that all other areas of the law are being complied with. The outdoor storage is allowed without a use permit provided there is a principal use and building as proposed on Lot 1. If they want to do rock crushing which the petitioner referred to, that would require a special use permit. When they get this whole parcel platted, it will meet the M3 requirements. Mr. Kondrick asked if the petitioner can live with this restriction a few months. Mr. Carlson stated they can live with it as long as it doesn't take too long to finalize the purchase of the Syverson and Metro Sewer Board property. He also stated this property should be grandfathered in because they've been doing the same thing on this site since 1976. Mr. Hickok explained the "grandfathering" relates to a use, not an activity. He pointed out an important distinction; the Park Construction site was 20 acres separate from this area. This land was Dick Carlson's and was not a part of the use approved for the Park Construction site. Mr. Carlson explained this property will be owned by Mr. Carlson, not by Park Construction. He added if they can leave everything the way it is right now and not haul in any additional items but be allowed to remove material, that would be acceptable. Mr. Hickok stated the activity is what they're trying to avoid. If they have pipe on the site that is already committed to a job, they can take that off the property, but should not bring any more storage in until the platting has been done. There shouldn't be an intense use of the southern portion of the property until it has been platted. Mr. Kondrick commented that the City values Mr. Carlson's presence in the community and values what he has done, but there are rules the staff and Commission must live by. Given the latitudes discussed by Mr. Hickok, he asked if Mr. Carlson can abide by the stipulations presented by staff. Mr. Carlson asked for clarification as to what specifically he will be allowed to do. Mr. Kondrick explained that until the property is platted, Mr. Carlson can leave the storage as is, he can remove items to fill existing ordecs, and he cannot add to the storage. The goal is to keep the activity at a minimum on the southern portion of the property until it has been properly ptatted. Mr. Kuechle stated that the purpose of Stipulation 10 is to make the petitioner aware of the rules that already exist in the city ordinance. Mr. Oquist suggested that the following be added to Stipulation 10: "except to remove existing material required for already scheduled jobs." Mr. Kondrick asked if this is agreeable to the petitioner. Mr. Carlson stated as long as they don't have someone coming to the site and claiming that they've added to the storage. He added that he didn't get what he wants, but he understands. Glen Syverson stated he owns some of the lots on the southern portion and wanted the Commission to know that Park Construction has been very good about not storing on his property without permission. He added that there is one lot that was owned by his sister who 5 CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 21, 2004 Page 6 of 9 recently passed away and that they're waiting for the attorneys to clear the title so they can proceed with the sale to Mr. Carlson. Mr. Kondrick presented a letter from M.J. Flatten received by Commission members regarding this proposal. This person has some objections to the proposal. MOTION by Mr. Oquist, seconded by Ms. Johns, to enter this letter into the record. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION Mr. Kuechle, seconded by Mr. Oquist, to close the public hearing for SAV #04-01. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:16 PM. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to close the public hearing for PS #04-04. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLICH HEARING CLOSED AT 8:17 P.M. MOTION by Mr. Oquist, seconded by Ms. Johns, to recommend approval of Street and Alley Vacation, SAV #04-01, by Park Construction, to vacate unimproved portions of Ely Street and the alley way between Ely Street and Liberty Street, to allow the petitioner to develop and use the property for their construction business, generally located at 30 — 81 St Avenue NE with the following stipulations: 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. Petitioner to be in charge of all water and sewer connection fees. 3. Petitioner shall obtain all necessary building permits prior to construction. 4. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 5. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 6. Gravel parking / storage area to be defined and maintained as indicated on site plan dated 7/9/04. 7. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 8. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access. 9. Fire access land / drive aisle shall be striped on bituminous area and kept open at all times. 10. Petitioner to vacate remaining streets and alleys and replat property to incorporate the Met Council and Syverson/Danielsl parcels within 2 years of the preliminary plat approval for Lot 1, Block 1, Park Shop. Southerly lots owned by the Carlson's shall not be used for "Park" or other operations until aforementioned approvals have been granted except for the removal of existing material. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION TO APPROVE SAV #04-01 CARRIED UNANIMOUSLY. �� CITY OF FRIDLEY PLANNING COMMISSION MEETING, JCTLY 21, 2004 Page 7 of 9 MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend approval of Preliminary Plat, PS #04-04 by Park Construction to replat multiple parcels to create one lot, to allow the petitioner to develop and use the property for their construction business, generally located at 30 81S' Avenue NE, with the following stipulations: 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. Petitioner to be in charge of all water and sewer connection fees. 3. Petitioner shall obtain all necessary building permits prior to construction. 4. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 5. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 6. Gravel parking / storage area to be defined and maintained as indicated on site plan dated 7/9/04. 7. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 8. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access. 9. Fire access land / drive aisle shall be striped on bituminous area and kept open at all times. 10. Petitioner to vacate remaining streets and alleys and replat property to incorporate the Met Council and Syverson/Danielsl parcels within 2 years of the preliminary plat approval for Lot 1, Block 1, Park Shop. Southerly lots owned by the Carlson's shall not be used for "Park" or other operations until aforementioned approvals have been granted except for the removal of existing material. Chairperson Kondrick explained that this matter will go before the City Council on August 9. Mr. Carlson asked if that will have any affect on their being able to break ground once the city engineer approval has been received. Mr. Hickok responded that the building permit issues are separate. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION TO APPROVE PS #04-04 CARRIED UNANIMOUSLY. 3. RECEIVE THE MINTURES OF THE MAY 6, 2004, HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINTURES OF THE MAY 12, 2003, APPEALS COMMISSION MEETING. 7 CITY OF FRIDLEY PLANNING COMMISSION MEETING, JiJLY 21, 2004 Page 8 of 9 MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINTUES OF THE MAY 26 2004 APPEALS COMMISISON MEETING. MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINTURES OF THE JUNE 3 2004 HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINTURES OF THE JUNE 23 2004 APPEALS COMMISSION MEETING. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECIVE THE MINUTES OF THE MAY 17 2004 PARKS AND RECREATION COMMISSION MEETING. MOTION by Mr. Kondrick, seconded by Ms. Johns, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the August 4& 18 Planning Commission meetings have been cancelled due to a lack of applications. : CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 21, 2004 Page 9 of 9 Mr. Hickok reported that the Town Center Development at the southwest corner of Mississippi and Old Central has asked for an extension on their plat filing time for six months. Staff asked the developers to come into the office and update them on what's happening on that site. The developers assured staff that they hope to break ground yet this year and that they hope to have some legal issues resolved within the next 60 to 90 days. The architectural and engineering plans are done and the bid packets have gone out. ADJOURNMENT: MOTION by Ms. Johns, seconded by Mr. Kuechle, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:32 PM. R ec u s.la ' e by, � ��!�� Rebe Brazys Rec rding Secretary 0 � � GTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 9, 2004 Date: July 22, 2004 To: William Burns, City Manager �� ~ From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #04-11, Park Construction M-04-92 INTRODUCTION The petitioner, Bruce Carlson, of Park Construction Company, is seeking a variance to allow his tracked construction vehicles to be parked / stored on a gravel surface. Due to the weight and design of these vehicles it is not possible to store them on a typical hard surface (asphalt) without damaging the surface. Through many discussions with Park Construction and reliance on City Staff's knowledge of tracked construction vehicles and heavy equipment, we determined that asphalt paving would not hold up to the wear and tear generated by this equipment. The proposed gravel area has been designated on the site plan and has been sized to accommodate Park's heavy equipment accordingly. Park will provide the code required paving, curb, & gutter for the areas in which it will be parking wheeled vehicles. APPEALS COMMISSION RECOMMENDATIONS At the July 14, 2004, Appeals Commission meeting, a public hearing was held for VAR #04-11. After a brief discussion, the Appeals Commission recommended approval of variance request, #04-11, with the stipulations as presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS 1. Petitioner shall obtain all necessary building permits prior to construction. 2. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 10 3. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 4. Gravel parking/storage area to be defined and maintained as indicated on site plan dated 7/9/04. 5. Variance approval is dependent upon approval of Street Vacation, SAV#04-01 and Plat #04-04. 6. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 7. Site must meet Fire Marshafls standards for sprinklering, water supply, and fire access. 8. Fire access lane / drive aisle shall be striped on bituminous area and kept open at all times. I�I City of Fridley Land Use Application VAR #04-11 July 14, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Park Construction Bruce Carlson 500 73�d Avenue NE, Suite #123 Fridley MN 55432 Requested Action: Variance to allow a.53 acre unpaved area of the lot for the storage of tracked vehicles. Existing Zoning: M-3 (Outdoor Intensive Heavy Industrial) Location: 30 81St Avenue — corner of 81St Avenue and Hickory Street Size: 158,994 sq. ft. 3.65 acres Existing Land Use: Vacant Surrounding Land Use & Zoning: N: Dahke Trailer Sales & M-3 E: X-tra Lease & M-3 S: Industrial & S-3 W: Railroad & RR Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.19.8.A requires that all driveways, parking areas and loading docks to be surfaced with blacktop, concrete, or other hard surFace material approved by the City. Zoning History: Vacant lot Legal Description of Property: See attached certificate of survey. Public Utilities: Utilities available in the street. Transportation: 81St Avenue and Hickory Street will provide access to the property. Physical Characteristics: Vacant, cleared land. _ SUMMARY OF PROJECT The petitioner, Bruce Carlson of Park Construction Company, is seeking a variance to allow a.53 acre portion of his lot to remain gravel for the purpose of storing vehicles on his site which is located at 30 815t Avenue. SUMMARY OF HARDSHIP "Park Construction Company requests a variance of the code which requires areas where off-road equipment is stored to be paved. There are several ways that paving this area would create an undue hardship: 1. Tracked equipment would cause constant damage and deterioration to a paved area. We are nof allowed to run our tracked equipment on paved public roads for fhis very reason. And if we are not allowed fo run them on paved public road, we shouldn't be required to pave where we run our tracked equipmeni in our yard. 2. Other property owners are not affected by the code because their vehicles have rubber tires. 3. The variance, if granted, will not alter the characfer of the neighborhood because t has been gravel for fhe /asf 30 years. A/so, the property is enclosed by a screened fence. 4. Park will furnish sufficient paving fo store our rubber fired equipment and vehicles." - Bruce Carlson SUMMARY OF ANALYSIS City Staff recommends approval of this variance request. � Tracked equipment cannot be moved on paved surface. • Problem is unique to this industry and M-3 property. CITY COUNCIL ACTION/ 60 DAY DATE City Council — August 9, 2004 60 Day — August 9, 2004 Staff Report Prepared by: Stacy Stromberg �� VAR #04-11 REQUEST Bruce Carison of Park Construction is seeking a variance to allow his tracked construction vehicles to be parked / stored on a gravel surface. Due to the weight and design of these vehicles it is not possible to store them on a typical hard surface (asphalt) without damaging the surFace. SUMMARY OF HARDSHIP "Park Construction Company requests a variance of fhe code which requires areas where off-road equipment is stored to be paved. There are severa/ ways that paving this area would create an undue hardship: 1. Tracked equipment would cause constant damage and deterioration to a paved area. We are not allowed to run our tracked equipment on paved public roads for this very reason. And if we are not allowed to run them on paved public road, we shouldn'f be required to pave where we run our tracked equipment in our yard. 2. Other property owners are not affected by the code because their vehicles have rubber tires. 3. The variance, if granted, will not alter the character of the neighborhood because t has been gravel for the last 30 years. A/so, the property is enc/osed by a screened fence. 4. Park will furnish sufficient paving fo store our rubber tired equipmenf and vehicles." - Bruce Carlson, Park Construction ANALYSIS The property is located on the corner of Hickory Street and 81St Avenue and abuts the Burlington Northern Railway to the west. The property on which the new Park Construction building will be located is a combination of many smaller parcels which have been and continue to be assembled by the Carlson family. In addition to this variance, Park Construction is also seeking a plat and street vacation from the Planning Commission. Through many discussions with Park Construction and the City Staffs knowledge of tracked construction vehicles and heavy equipment, it was determined that asphalt paving would not hold up to the wear and tear generated by this equipment. The proposed gravel area has been designated on the attached site plan and has been sized to accommodate Park's heavy equipment accordingly. Park will provide the code required paving, curb, & gutter for the areas in which it will be parking wheeled vehicles. The amount of equipment stored in the yard will be seasonal and dependent upon Park's workload, meaning that there will be more vehicles stored in the winter than in the warmer months. Staff has required Park to add an additional 40' x 108' bituminous area along the eastern edge of the property to ensure that the wheeled vehicle storage 13 does not interfere with emergency vehicle access and to improve Parks internal logistics. This area is shown on the attached plans. Park Gonstruction RECOMMENDATION City Staff recommends approval of this variance request due to the unique circumstances surrounding the use. • Tracked equipment cannot be moved on paved surface without causing great damage to the surface. This is supported by the practical experience of the City's Public Works Department. • Problem is unique to this property and will not be setting precedent for large numbers of other industries. Heavy construction equipment is only aflowed in the M-3 zoning district. STIPULATIONS Staff recommends that if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction. 2. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 3. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 4. Gravel parking/storage area to be defined and maintained as indicated on site plan dated 7/9/04. 5. Variance approval is dependent upon approval of Street Vacation, SAV#04-01 and Plat #04-04. 14 6. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 7. Site must meet Fire Marshalls standards for sprinklering, water supply, and fire access. 8. Fire access lane / drive aisle shall be striped on bituminous area and kept open at all times. 15 CITY OF FRIDLEY APPEALS COMMISSION MEETING JULY 14, 2004 CALL TO ORDER Chairperson Kuechle called the July 14, 2004 Appeals Commission meeting to order at 7:30 p. m. ROLL CALL Members present: Ken Vos, Blaine Jones, Gary Zinter and Larry Kuechle Members absent: Sue Jackson Others present: Stacy Stromberg, Planner Rebecca Brazys, Recording Secretary Bruce Carlson, Petitioner APPROVAL OF MINUTES OF JUNE 23, 2004 MOTION by Dr. Vos, seconded by Mr. Zinter to approve the June 23rd minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 1. PUBLIC HEARING: VARIANCE REQUEST, VAR #04-11, BY PARK CONSTRUCTION. Per Section 205.19.8A of the Fridley Zoning Code to allow a portion of the parking lot to remain gravel for the purpose of storing tracked vehicles, legal description is on file, generally located at 30 815' Av. NE MOTION by Mr. Zinter, seconded by Mr. Blaine, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 PM. Ms. Stromberg stated the petitioner is seeking a variance to allow his tracked construction vehicles to be parked / stored on a gravel surFace. Due to the weight and design of these vehicles, it is not possible to store them on a typical hard surface (asphalt) without damaging the surface. Ms. Stromberg stated the summary of hardship submitted by the petitioner reads: "Park Construction Company requests a variance of the code which requires areas where off-road equipment is stored to be paved. There are several ways that paving this area would create an undue hardship: 1. Tracked equipment would cause constant damage and deterioration to a paved area. We are not allowed to run our tracked equipment on paved public roads for this very reason. And if we're not allowed to run them on paved public roads, we shouldn't be required to pave where we run our tracked equipment in our yard. 1� CITY OF FRIDLEY APPEALS COMMISSION MEETING. JULY 14, 2004 Page 2 of 5 2. Other property owners are not affected by the code because their vehicles have rubber tires. 3. The variance, if granted, will not alter the character of the neighborhood because it has been gravel for the last 30 years. Also, the property is enclosed by a screened fence. 4. Park will furnish sufficient paving to store our rubber tired equipment and vehicles." Ms. Stromberg explained the properiy is located on the corner of Hickory Street and 81 St Avenue and abuts the Burlington Northern Railway to the west. The property on which the new Park Construction building will be located is a combination of many smaller parcels which have been and continue to be assembled by the Carlson family. In addition to this variance, Park Construction is also seeking a plat and street vacation from the Planning Commission. Ms. Stromberg stated that through many discussions with Park Construction and the City Staff's knowledge of tracked construction vehicles and heavy equipment, it was determined that asphalt paving would not hold up to the wear and tear generated by this equipment. The proposed gravel area has been designated on the site plan and has been sized to accommodate Park's heavy equipment accordingly. Park will provide the code required paving, curb, and gutter for the areas in which it will be parking wheeled vehicles. Ms. Stromberg further explained that the amount of equipment stored in the yard will be seasonal and dependent upon Park's workload, meaning that there will be more vehicles stored in the winter than in the warmer months. Staff has required Park to add an additional 40' x 108' bituminous area along the eastern edge of the property to ensure that the wheeled vehicle storage does not interfere with emergency vehicle access and to improve Park's internal logistics. Ms. Stromberg stated staff recommends approval of this variance request due to the unique circumstances surrounding the use. • Tracked equipment cannot be moved on paved surface without causing great damage to the surface. This is supported by the practical experience of the City's Public Works Department. • Problem is unique to this property and will not be setting precedent for large numbers of other industries. Heavy construction equipment is only allowed in the M-3 zoning district. Ms. Stromberg also stated that staff recommends if the variance is granted, the following stipulations be attached. 1. Petitioner shall obtain all necessary building permits prior to construction. 2. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 3. Petitioner to install code required hard service drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 4. Gravel parking / storage area to be defined and maintained as indicated on site plan dated 7/9/04. 5. Variance approval is dependent upon approval of Street Vacation, SAV #04-01 and Plat #04-04. 6. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 7. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access. 17 CITY OF FRIDLEY APPEALS COMMISSION MEETING. JULY 14, 2004 Page 3 of 5 8. Fire access lane / drive aisle shall be striped on bituminous area and kept open at all times. Dr. Vos asked why staff believes the 40' x 108' strip on the east side is necessary. Ms. Stromberg explained this is to ensure a clear line of access for emergency vehicles to the building, additional parking area would be needed. Chairperson Kuechle asked if there was any discussion of dust problems on this site and if that was part of the reason the bituminous area was required. He also asked if there are any stipulations as to the type of gravel to be used. Ms. Stromberg stated the property has been gravel for many years so the staff did not have any concern about dust. Also, that staff is not restricting the type of gravel. Bruce Carlson, petitioner, expressed his appreciation to the Staff for taking the time to work with him on this proposal. He asked if the 40' x 108' bituminous area could be moved to the west. After some discussion, it was decided that if the petitioner moved the bituminous area, it would not be in compliance with the site plan submitted and it may interfere with the emergency vehicle drive aisle. The petitioner agreed to comply with the site plan submitted. Mr. Carlson stated he accepts the stipulations and requirements set forth by the staff. Chairperson Kuechle asked if they will use class 5 gravel or do anything to mitigate the dust. Mr. Carlson responded that they use recycled material which sets up better than class 5. He added they've been on this site for 30 years and have received no complaints about dust. Additionally, they have scaled their business way down to about a sixth of the equipment they used to have. Also, most of their equipment is out on jobs in the summer and in the winter it's parked. Chairperson Kuechle asked how many track vehicles they store on this site. Mr. Carlson responded they have five bulldozers, five backhoes and other heavy equipment. Chairperson Kuechle asked about the potential for vandalism. Mr. Carlson stated prior to putting up the fencing they did have problems with kids vandalizing their equipment. Mr. Zinter asked if the fencing on the wes# side is the same as the rest of the property. Mr. Carlson responded that it is the same with the privacy slats. MOTION by Mr. Jones, seconded by Mr. Zinter to enter into the record a letter received from M.J. Flatten on this matter. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. � CITY OF FRIDLEY APPEALS COMMISSION MEETING. JULY 14, 2004 Page 4 of 5 MOTION by Mr. Jones, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:49 PM. Dr. Vos stated he viewed the petitioner's property and that this seems to be a reasonable request. The petitioners have been on the site for many years and they are trying to improve the property with the construction of an office and the bituminous surface. Mr. Zinter commented this is a good example of where a variance comes into play so he is in favor of this proposal. Mr. Jones stated he is also in favor of the petition and added that they've done a good job of cutting down of the gravel area. He stated it is located in an industrial area and is a nice layout. He could also see the hardship created by the heavy equipment. Chairperson Kuechle agreed that it would be extremely difficult to drive tracked equipment on a bituminous surface without doing damage. MOTION by Dr. Vos, seconded by Mr. Jones, to recommend approval to the City Council variance request VAR #04-11 for Park Construction, to allow a portion of the parking lot to remain gravel for the purpose of storing tracked vehicles, legal description on file, generally located at 30 815t Avenue NE with the fotlowing stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 2. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 3. Petitioner to install code required hard service drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 4. Gravel parking / storage area to be defined and maintained as indicated on site plan dated 7/9/04. 5. Variance approval is dependent upon approval of Street Vacation, SAV #04-01 and Plat #04-04. 6. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 7. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access. 8. Fire access lane / drive aisle shall be striped on bituminous area and kept open at all times. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS: Ms. Stromberg stated the July 28 Appeals Commission meeting has been cancelled with the next meeting scheduled for August 11. At that meeting, there will be a proposal for the Ground Round site for a new Applebee's. `�� o � �� _ � � g �� I . ; � � � � I I I Ii �� !�- I � �3W � I � �� I �o� � -- � ' ` I � i �� I a,�r 9 �� i N,� om i ' � �� 'W� ��'�- w � j �� I =� ' �� Q - j� I �� - gS W- i! I� '? � I _ n "� ',o ,., l�l., �` �' a� oa �_. 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P�Rf'� �i , /� �;�. � � X^�� :,� ; � - oN , ,�,:.�j;�,_i� � `� � % ��rG , �-� ��I , } � � :: i �.��f �� o� =- �-!=' �— ��Q��,� ��J // /�� Oqu1 i ��<� � i K< � � � � � � � m m �� Qm� drvii6 2� �� i �� i � r'� � � I I � � � � � � � crrr aF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 9, 2004 Date: August 4, 2004 To: Wiiliam Burns, City Manager�! �� "1, From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Vacation Request, SAV #04-01, Park Construction M-04-104 INTRODUCTION The petitioner, Bruce Carlson of Park Construction Company, is seeking to vacant unimproved portions of Ely Street and the alley way between Ely Street and Liberty Street, which will allow the petitioner to use the property located at 30 81St Avenue for his construction business. PLANNING COMMISSION RECOMMENDATION At the July 21, 2004, Planning Commission meeting, a public hearing was held for SAV #04-01. There was some discussion between the petitioner's representative, Dick Carlson, the Commission and Staff regarding stipulation #10, pertaining to outdoor storage on the southern lots. It was agreed that the existing outdoor storage could remain or be removed; however, new material couldn't be added to the site. The Planning Commission, then, recommended approval of plat request, SAV #04-01, with a modification to stipulation #10 and the rest of the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. Petitioner to be in charge of all water and sewer connection fees. 3. Petitioner shall obtain all necessary building permits prior to construction. 4. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 5. Petitioner to install code required hard surFace drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 21 5. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 6. Gravel parking/storage area to be defined and maintained as indicated on site plan dated 7/9/04. 7. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 8. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access. 9. Fire access land/drive aisle shall be striped on bituminous area and kept open at all times. 10. Petitioner to vacate remaining streets and alleys and replat property to incorporate the Met Council and Syveron/Daniels parcels within 2 years of the preliminary plat approval for Lot 1, Block 1, Park Shop. Southerly lots owned by the Carlson's shall not be used for "Park" or other operations until aforementioned approvafs have been granted except for the removal of existing material. 22 City of Fridiey Land Use Application SAV #04-01 & PS #04-04 July 21, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Park Construction Bruce Carlson 500 73�d Avenue NE, Suite #123 Fridley MN 55432 Requested Actions: Vacate unimproved portions of Ely Street and the alley way between Ely Street and Liberty Street. Replat multiple parcels to create one lot. Existing Zoning: M-3, Outdoor Intensive, Heavy Industrial Location: 30 81 St Avenue — corner of 81 St Avenue and Hickory Street Size of Property: 158,994 sq. ft. 3.65 acres Existing Land Use: Vacant — Outdoor storage related to proposed business. Surrounding Land Use & Zoning: N: Dahke Trailer Sales & M-3 E: X-tra Lease & M-3 S: Industrial & S-3 W: Railroad & RR Comprehensive Plan Conformance: Consistent with Plan. Property History: Vacant lot. Legal Description of Property: See Attached Certificate of Survey. Public Utilities: Utilities available in the street. Transportation: 81St Avenue and Hickory Street provide access to the property. Physical Characteristics: Vacant, cleared land. 23 SUMMARY OF REQUEST The petitioner, Mr. Carlson is seeking to vacate unimproved portions of Ely Street and the alley befinreen Ely Street and Liberty Street, which will allow the petitioner to develop and use the property for his construction business. The petitioner is also seeking to replat multiple parcels with the vacated street and alley, to create one lot, which will allow the petitioner to develop the property located at 30 81St Avenue NE. SUMMARY OF ANALYSIS City Staff recommends approval of the street vacation, with stipulations. Due to the following factors: • Street can't be connected through. City Staff recommends approval of the replat request, with stipulations. • Replat will allow the petitioner to develop and utilize property. CITY COUNCIL ACTION / 60 DAY DATE City Council — August 9, 2004 60 Day Date — August 16, 2004 Staff Report Prepared by: Stacy Stromberg SAV #04-01 & PS #04-04 REQUEST The petitioner, Bruce Carlson of Park Construction Company, is seeking to vacant unimproved portions of Ely Street and the alley way between Ely Street and Liberty Street, which will allow the petitioner to use the property for his construction business. The petitioner is also seeking to replat multiple parcels together with the vacated street and alley way, to create one lot, which will allow the petitioner to develop the property located at 30 81St Avenue NE. HISTORY The pie shaped area befinreen the Railroad tracks to the west and the previously owned Park Construction site at 7900 Beech Street to the east is made up of many small parcels. Over the years many of the lots have gone tax forFeit and the Carlson family has acquired them. Currently, the Carlson's own a majority of the parcels and they are in the processing of obtaining the remaining parcels from the Metro Waste Commission and a private party. In order to get their business up and running in this location, the petitioner at this time is only requesting to vacate and replat a portion of the pie shaped area. When the remaining lots have been obtained by the Carlson's, the petitioner will request an additional vacation of the remaining streets and alleys and a second plat for the area. , - , 1 �. ,dj_._-� .� - \` _ � E� � � �. . .-. � _ �., 1 — ,......""�........ ` , � -:�;:: - , �� `.z - � ,� Z �, � � '� a � -j - -- - - - --� K�, � ------ rF�£r . ' �y`-= " ----- _,?. 't •f��`-'. �� z. _ _ - - „� :+l ;� �� ------__..._.� `^ - - - b'GF6Z,L0J1- ti7P.£i'T > > = _ � �, 1 �.. , � ' `1 i€D YAC.ATION AREAS 'r��:,r/ ��rr'E�ti'GF OFTNt:ttiT 24 Red - Street vacation Blue - Alley way vacation Dots - Current plat request Striped Lines - Future plat request ANALYSIS The portion of Ely Street proposed to be vacated is located directly east of the Burlington Northern railroad tracks. The portion of the alley way proposed to be vacated is the'/2 of the alley located between the unimproved Ely Street and the unimproved Liberty Street, east of the railroad tracks. If the vacation is granted, the petitioner would gain the portion of the Ely Street right-of-way, highlighted on the drawing and'/2 of the 12 ft. alley also highlighted on the drawing. The street or the alley way could not be connected through because of the railroad tracks to the west and the private property located to the west. Current Public Works staff has indicated that there is no longer a reason to keep this entire right-of-way. The petitioner has received approval from all neighboring property owners to vacate the proposed portion of unimproved street and alley way. The petitioner plans to construct a 5,000 square foot office/garage of the newly platted lot. The remainder of the lot will be used for outdoor storage and vehicle parking. The petitioner has also applied for a variance to allow a portion of the parking lot to remain gravel for the purpose of storing tracked vehicles. The Appeals Commission unanimously recommended approval at their July 14, 2004 meeting. The variance will go to the City Council with the vacation and ptat request on August 9, 2004. RECOMMENDATION City Staff recommends approval of this proposed street and alley way vacation and the preliminary plat, with stipulations. • Street can never be connected through. � Replat will allow the petitioner to develop and utilize property. STIPULATIONS Staff recommends that if the vacation is granted, the following stipulations be attached. 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. Petitioner to be in charge of all water and sewer connection fees. 3. Petitioner shall obtain all necessary building permits prior to construction. 4. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 5. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 6. Gravel parking/storage area to be defined and maintained as indicated on site plan dated 7/9/04. 7. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 8. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access. 9. Fire access land/drive aisle shall be striped on bituminous area and kept open at all times. 10. Petitioner to vacate remaining streets and alleys and replat property to incorporate the Met Council and Syveron/Daniels parcels within 2 years of the 25 preliminary plat approval for Lot 1, Block 1, Park Shop. Southerly lots owned by the Carlson's shall not be used for "Park" or other operations until aforementioned approvals have been granted, except for the removal of existing material. 26 RESOLUTION NO. _ RESOLUTION TO VACATE UNIMPROVED PORTIONS OF ELY STREET AND THE ALLEY WAY BETWEEN ELY STREET AND LIBERTY STREET, GENERALLY LOCATED AT 30 81ST AVENUE NORTHEAST. WHEREAS, this portion of Ely Street and alley way between Ely Street and Liberty Street is unimproved right-of-ways and is not used by the general public; and WHEREAS, City Public Works Staff indicates that there is no longer a reason to keep these unimproved right-of-ways; and WHEREAS, a public hearing was held on this matter by the Planning Commission on July 21, 2004, and the City Council on August 9, 2004. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: 1. Elv Street Vacation Leqal Description: That portion of the north half of Ely Street, formerly Roosevelt Avenue, as dedicated in "Spring Brook Park, Anoka County, Minn.", lying easterly of Burlington Northern, Inc. (formerly Northern Pacific Railroad) easterly right-of-way line, and that part of the south half of said Ely Street lying easterly of the northerly extension of the west line of Lot 33, Block 12, all according to the recorded plat thereof, Anoka County, Minnesota. 2. Block 12 Allev Vacation Leqal Description: That part of the north half of the public alley in Block 12, as dedicated in "Spring Brook Park, Anoka County, Minn.", according to the recorded plat thereof and situate in Anoka County, Minnesota lying easterly of the southerly extension of the west line of Lot 33, said Block 12. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4th DAY OF AUGUST, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK 27 SCOTT LUND - MAYOR � JUL-01-2004 10�13 EGAN� FIELD & NOWRK 6125466837 P.03/03 p�ppQSED ALLEY AI�[D ROAD VACATION EXHIBIT Doted this fst day of July, 2004 � �\ � a ; I � I` 9 10 1t 12 13 14 TS ib 17 18 19 20 21 12 1 , � ,�.-'"� L�, ��{; I ,� � ` L-------� � R ELY STREE�7' $ � y STREE'T e ^ (FD.R.Vh'RLY ROOS�PE'LT A M1E) i ------ �\ `�i � \ -�+ ` 39 J� 3S 32 31 30 29 2H 27 26 25 24 I �1 0 I ` � \ 1 A r� � Y d �" j � � \\ � Z \ $ ' I i �L �,li�� \ � ,� \ �4b �s �e �r �8 re 2o ai 22 2JI O \ ��y � � � � �- — —' — — — — � � '� o LIBERTY STREE'T m LLBERTY STREET � b Z \(FOR�'RLY IJg�e17' a v�vUE) � �------------1� �� I � 31 30 �4 2B 2� 26 ?5 24 � b � � a ` I \ ��a \ � I \ v f�OT A I \ � � \ I �t. J,�f� ` �\ \ 18 19 20 21 �? 2S � I --- ` � `� I L.---------- -1 � lONGFI'slL4�' STREET $ � b � ° ------------1 C'—I � � -r 27 N \�,._-=�""�� 1 \ \ � ,.,r.�� \ � NO SCALE �4.��' , \ ❑ DENOTES PROPOSED VACATION AREAS _ _ _ _ , ` 79TX A VENUE NORTHE�4ST \ _----------,� .�OB �� FOR: PARK C�NSTRUCt'ION COMPANY � � � 16 25 24 I f I �: 1 �; o! w�; � � \ � \ 22 23I \ I L �-- C EGAN, FIELD, & NOWAK, il E�F "SURYEYORS S1NCE 187�2^ 7415 WAVZnTA BLVD. MINNF.oPOl15, MINNESaTA 5: j�j PHONE: (9S?> 5466837 FAX: 4952) 5d6�6B= WEB; EFNSURVEY.COM COPNMCXT 8 20Dt BY fCN4 FlEW 6 MOMAK NC. TOTRL P.63 � � cmr aF FRIDLE1f Date: To: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 9, 2004 August 4, 2004 Wiiliam Burns, City Manager�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #04-04, Park Construction M-04-103 INTRODUCTION The petitioner, Bruce Carlson of Park Construction Company is also seeking to replat multiple parcels together with the vacated street and alley way, to create one lot, which will allow the petitioner to develop the property located at 30 81St Avenue NE. PLANNING COMMISSION RECOMMENDATION At the July 21, 2004, Planning Commission meeting, a public hearing was held for PS #04-04. There was some discussion between the petitioner's representative, Dick Carlson, the Commission and Staff regarding stipulation #10, pertaining to outdoor storage on the southern lots. It was agreed that the existing outdoor storage could remain or be removed; however, new material couldn't be added to the site. The Planning Commission, then, recommended approval of plat request, PS #04-04, with a modification to stipulation #10 and the rest of the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. Petitioner to be in charge of all water and sewer connection fees. 3. Petitioner shall obtain all necessary building permits prior to construction. 4. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 5. Petitioner to install code required hard surFace drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 29 � 6. Gravel parking/storage area to be defined and maintained as indicated on site plan dated 7/9/04. 7. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 8. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access. 9. Fire access land/drive aisle shall be striped on bituminous area and kept open at all times. 10. Petitioner to vacate remaining streets and alleys and replat property to incorporate the Met Council and Syveron/Daniels parcels within 2 years of the preliminary plat approval for Lot 1, Block 1, Park Shop. Southerly lots owned by the Carlson's shall not be used for "Park" or other operations until aforementioned approvals have been granted except for the removal of existing materiaL 30 City of Fridley Land Use Application SAV #04-01 & PS #04-04 J u ly 21, 2004 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Park Construction Bruce Carlson 500 73�d Avenue NE, Suite #123 Fridley MN 55432 Requested Actions: Vacate unimproved portions of Ely Street and the alley way between Ely Street and Liberty Street. Replat multiple parcels to create one lot. Existing Zoning: M-3, Outdoor Intensive, Heavy Industrial Location: 30 81St Avenue — corner of 815� Avenue and Hickory Street Size of Property: 158,994 sq. ft. 3.65 acres Existing Land Use: Vacant — Outdoor storage related to proposed business. Surrounding Land Use & Zoning: N: Dahke Trailer Sales & M-3 E: X-tra Lease & M-3 S: Industrial & S-3 W: Railroad & RR Comprehensive Plan Conformance: Consistent with Plan. Property History: Vacant lot. Legal Description of Property: See Attached Certificate of Su Public Utilities: Utilities available in the street. Transportation: 81St Avenue and Hickory Street provide access to the property. Physical Characteristics: Vacant, cleared land. 31 SUMMARY OF REQUEST The petitioner, Mr. Carlson is seeking to vacate unimproved portions of Ely Street and the alley between Ely Street and Liberty Street, which will allow the petitioner to develop and use the property for his construction business. The petitioner is also seeking to replat multiple parcels with the vacated street and alley, to create one lot, which will allow the petitioner to develop the property located at 30 81S' Avenue NE. SUMMARY OF ANALYSIS City Staff recommends approva/ of the street vacation, with stipulations. Due to the following factors: • Street can't be connected through. City Staff recommends approval of the replat request, with stipulations. • Replat will allow the petitioner to develop and utilize property. CITY COUNCIL ACTION / 60 DAY DATE City Council — August 9, 2004 60 Day Date — August 16, 2004 Staff Report Prepared by: Stacy Stromberg SAV #04-01 & PS #04-04 REQUEST The petitioner, Bruce Carlson of Park Construction Company, is seeking to vacant unimproved portions of Ely Street and the alley way between Ely Street and Liberty Street, which will allow the petitioner to use the property for his constru�tion business. The petitioner is also seeking to replat multiple parcels together with the vacated street and alley way, to create one lot, which will allow the petitioner to dev.elop the property located at 30 81St Avenue NE. HISTORY The pie shaped area between the Railroad tracks to the west and the previously owned Park Construction site at 7900 Beech Street to the east is made up of many small parcels. Over the years many of the lots have gone tax forfeit and the Carlson family has acquired them. Currently, the Carlson's own a majority of the parcels and they are in the processing of obtaining the remaining parcels from the Metro Waste Commission and a private party. In order to get their business up and running in this location, the petitioner at this time is only requesting to vacate and replat a portion of the pie shaped area. When the remaining lots have been obtained by the Carlson's, the petitioner will request an additional vacation of the remaining streets and alleys and a second plat for the area. � - 1` - ;,__ . ,. - � � E�r : ', � --- �,\ _ ,� , �� - __- ,Z - -�1 ^ � 7 _, -, = -: _,, :� ------_ iFi'£T -_.. — s`'' --- _.. _ � R� �4 � . •-��t Y. ti ..�ti ' '_ _ _.._ _._ G .� = 5, .... i � i,�• � � � " � � i � � \ � � � � I �. � � .-- __ _'_ _. � _.. _ � _ � ..... -. ..- ;� .., VGFEiC�1�' ST.?£ET } ,��" � - . __..._------ .. _ .,.� � �� S,. � SED '✓ACA7JON AREAS 'rgTH � �: �'F..�ti'L'F. AFiNE:�.4'T ... _.. ._. _.... --� -- — . _ ..._. — ��. .- --- 32 Red — Street vacation Blue — Alley way vacation Dots — Current plat request Striped Lines — Future plat request ANALYSIS The portion of Ely Street proposed to be vacated is located directly east of the Burlington Northern railroad tracks. The portion of the alley way proposed to be vacated is the'/z of the alley located befinreen the unimproved Ely Street and the unimproved Liberty Street, east of the railroad tracks. If the vacation is granted, the petitioner would gain the portion of the Ely Street right-of-way, highlighted on the drawing and'/2 of the 12 ft. alley also highlighted on the drawing. The street or the alley way could not be connected through because of the railroad tracks to the west and the private property located to the west. Current Public Works staff has indicated that there is no longer a reason to keep this entire right-of-way. The petitioner has received approval from all neighboring property owners to vacate the proposed portion of unimproved street and alley way. The petitioner plans to construct a 5,000 square foot office/garage of the newly platted lot. The remainder of the lot will be used for outdoor storage and vehicle parking. The petitioner has also applied for a variance to allow a portion of the parking lot to remain gravel for the purpose of storing tracked vehicles. The Appeals Commission unanimously recommended approval at their July 14, 2004 meeting. The variance will go to the City Council with the vacation and plat request on August 9, 2004. RECOMMENDATION City Staff recommends approval of this proposed street and alley way vacation and the preliminary plat, with stipulations. • Street can never be connected through. • Replat will allow the petitioner to develop and utilize property. STIPULATIONS Staff recommends that if the vacation is granted, the following stipulations be attached. 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on finaf plat. 2. Petitioner to be in charge of all water and sewer connection fees. 3. Petitioner shall obtain all necessary building permits prior to construction. 4. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 5. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 6. Gravel parking/storage area to be defined and maintained as indicated on site plan dated 7/9/04. 7. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 8. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access. 9. Fire access land/drive aisle shall be striped on bituminous area and kept open at all times. 10. Petitioner to vacate remaining streets and alleys and replat property to incorporate the Met Council and Syveron/Daniels parcels within 2 years of the 33 preliminary plat approval for Lot 1, Block 1, Park Shop. Southerly lots owned by the Carlson's shall not be used for "Park" or other operations until aforementioned approvals have been granted, except for the removal of existing material. 34 ............................................................................,.... � - � .� ��e ��, g �ya g � � e � ° S 5 i S � �„� �� ` ��$ � � s � � x� � � �g.� ',�°gs s � Rg�� s I �3� ��° fi � y� 5 ��6 " 6 ' a ] � ' �a� �o�gx€ �g$ �y °$�ga �$a �$L � �$ V H$6a p�� S �C g� �t ` � � Sx�¢g 'G��s a S Rk� aa s �� ? .�v�J�b �t �_ g S 5 � ` s �^g�r O 3h �8 ��fi� �pi E� � a a¢�� §Oa E§ � �b�b �� * i ^�`�� {��6 &� � �S� 56 � 6� , q s �s�e , g a� � F �:8 y K§;� �� o�� g� �� j' ;g�a �es� �� - � 5 , ,�� FS i � ^ �� . °s3� 5 $_ §� I, " �-@ �,�:�Py "; c ��;� s°� ix5 � �� S �$� � �{ � ��y d ^y«ry �b'1bvi� y l�ib �:2 y 9{� ay!• ��u =B ��R.�, h$e�• Q a� $� �Y sB�$ a �� a i P � p a � x�4 J�b�� • °$ � '8�� oo � �E r�S" j = � �+C p, ;g p d ��8 B o3i5 U�'vJ S� a� Z� N��o «1� �i� H� r I � I I � w � � Iw I � i I,� � ---� e �.�.��.�s� ' �d3rOX.�lfl..,, R � � 3 �i . . � �y � � �� s� �> : $� � � ' a �a NNb � 1 � � � • I 0� n° � � $ i � � ^ , � �� 4 . I p0 � i �� I� � �� o I �� s� � �g�E� � 8�� g �$ �v � I U^ fl�� Na�o'S� ` ��n � z��$�� . E i�,e.�g� . � ; ��.��e . � sa��°�� ; ��Ya� ; o�� ,� 1 a as"a. � Qis��s ' ; �zE��€� � �Za �".D;R�� n��`�� $ €,uo �� M W a ry51j 0 �°u � �[ � � � �� $;� 3�� _ � '�:� ��" °��$�$ wa��m o�'�� pb� W �� ? v$�` � �"'a�. o b" �' 3 � ��g'�ci W s$�i N c3��5c QYItiQ 3N�a Wf�S4 �� ,- � ( ;I ► ��`••��` I ��`''�� '' �� o ��7� g��a � s ��y� 3� ��¢�� axaa � S � 0.4...p�.a�� f �� 5ANTA j —' i � / XE AND '��/ i i ,— NoRT —'' � � i r , 1 � I � � � 35 � �' �,, � i i � i i � i � v m �� O � z�� h � f W p � . y � � n � � W W Z Z �� J U� W� w m � � � U z 0 F U � a H � z 0 •U x � 0 x � x � a r— - r � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 9, 2004 Date: August 4, 2004 � � To: William Burns, City Manager � From: Jon Haukaa , ublic Works Directoz, ;{ Julie Jones, Environmental Planna�-�F--� Subject: Springbrook Watershed Implementation Project Engineering Services Agreement (III) Background The next part of the Springbrook Watershed Project includes conducting streambank stabilization. T'he project Advisory Committee is also going to be searching for other possible means to reduce storm water flows onto the east end of the park. On June 30, the Advisory Committee approved a proposal from WSB and Associates, Inc. to prepare topography data and development of design alternatives for this work, which is Tasks 1 and 3 in the attached agreement for a total cost of $8,000. The Advisory Committee will make a decision on whether Tasks 2, 4, and 5 are necessary, depending on what is discovered. If the Advisory Committee approves all of the additional tasks proposed, there will be an additional cost of $16,300. All of these expenses will be covered by grant funds dedicated to the Springbrook Watershed Project. Once the final design plans are completed by WSB, the plans will be reviewed by the Project Advisory Committee. Winter construction is planned as this type of work must occur when the ground is frozen to minimize impacts to Nature Center vegetation. Although the Springbrook Watershed Project Advisory Committee has approved WSB's proposal, the agreement for services is made between the City of Fridley and WSB, since Fridley is the lead agency in this project with all finances being managed by Fridley. Recommendation Staff recommends that the City Council approve the attached agreement with WSB & Associates, Inc., with a June 22, 2004 proposal attached, for engineering services related to the Springbrook Watershed Phase II Implementation Project, authorizing the City Manager to execute the agreement. It is recommended that the City Council authorize the full agreement, allowing the Project Advisory Committee to determine if all tasks proposed are necessary as work proceeds. This will allow the project to move forward and attempt completion by the May 30, 2005 deadline. � M-04-105 WSB & ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the day of , 20 , by and between the City of Fridley, hereinafter referred to as City, and VJSB & Associates, Inc., hereinafter referred to as Engineer, with offices located at 4150 Olson Memorial Highway, Suite 300, Minneapolis, Minnesota 55422. Witnesseth, that the City and Engineer, for the consideration herein named, agree as follows: SECTION 1 / GENERAL CONTRACT PROVISIONS These provisions shall be as set forth in Exhibit A. SECTION 2/ SCOPE OF WORK The scope of work to be performed by Engineer is set forth in Exhibit C. The work and services to be performed hereunder and described in Exhibit C shall be referred to herein and in the General Contract Provisions as the Project SECTION 3 / COMPENSATION Compensation to Engineer for services described in this agreement shall be as designated in the attached Exhibit C and as hereinafter described. SECTION 4 / WORK SCHEDULE The anticipated schedule is set forth in Exlubit C. CITY: ADDRESS: BY: SIGNATURE: TITLE: BY: SIGNATURE: TITLE: CTTY OF FRIDLEY 6431 UNNERSITY AVE FRIDLEY, MN 55432 SECTION 6 / EXHIBITS The following inirialed Exhibits are attached to and made a part of this Agreement: X E�ibit A General Conhact Provisions X Exhibit B Definitions X E�ibit C Scope of VJork Exhibit D Compensation X Exhibit E Insurance Schedule X Exhibit F Fee Schedule SECTION 7/ ACCEPTANCE OF AGREEMENT All work and services described in this agreement shall be performed by Engineer only after written acceptance of the City. The undersigned hereby accept the terms and conditions of this agreement and Engineer is hereby authorized to perform the services described herein. WSB & ASSOCIATES, INC. ADDRESS: 4150 OLSON MEMORIAL HWY SUITE 300 MINNEAPOLIS, MN 55422 BY: B� �7��/ri e/� SIGNATURE: < TITLE: �l�-r�-7" � BY: � � �1�t v �� t�) �r t1 � t�S �. SIGNATCJRE: � �x�,.: TITLE: �� ll�.� Professional Services P.greement Page 1 of 1 F:\WPWWU449-02\CwvecflPSA.doc 37 WSB & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTTCLE 1 - GENERAL These general contract provisions are incorporated in and become a part of the Agreement to which it is attached between WSB 6t Associates, Inc., hereinafter referred to as Engineet, and the other party to the AgreemenG Ciry of Fridley, hereinafter refernd to as Ciry, wherein the City engages the Engineer to provide certein services more paiticulazly described in Exhibit C, Scope of Work. Either parry may be hereinafter referred to as party or, collectively, parRes. The starting date will commence when authorized by the Ciry. ARTICLE 2 - CHANGED CONDITTONS If the Engineer determines that any services it haa been directed or requested to perfrnm aze beyond the scope as set forth in Exhibit C ar that, due to changed conditions or changes in the method or manner of administration of the Project, the Engineer's effort required to perform irs services under this Agreement exceeds the estimate which formed the basis for the Engineer's compensadon, Engineer shall prompdy notify the City of that fact Additional work and additional compensation far such work, and the extension of ume for completion thereof, shall be set forth in a supplemental agreement mtered into by the pardes prior to proceeding cvith any additional work or related expenditures. Such supplemental agreement shall be incorporated in and become a part of this Agreement In absence of said supplemental agi�eemen4 amounta of compensaaon and time for compleuon shall be equitably adjusted. ARTLCLE 3 - TERMINATION This Agreement may be terminated by either party upon thirry days' wriaen nodce without cause. In the event of tercninarion, copies of plans, reports, specifications, elecuonic drawing/data files (CADD), field data, notea, and other docuxnents whether written, printed ar recarded on any medium wliatscever, finished or unfinished, prepazed by the Engineer pursuant to this Agreement and pertaining w the work or to the Project, (hereinafter "Instrumenrs of 5ervice"), ahall be made available to the City p�suant to Artide 4. All provisions of this Agreement allocadng responsibility or liabiliry between the City and Engineer shall survive the compleaon of the services hereunder and/or the termination of this Agreement ARTICLE 4- REUSE AND DISPOSTTION OF INSTRUMENTS OF SERVICE Uuring the course of the work, the Engineer (shall, if requested,) malce available to the City copy(ies) of the Ins�umenu of Service. At the time of compleROn or *P*�++*+adon of the work, the Engineer may make available to the City upon (I) payment of axnounu due and owing for work performed and expenses incurrad to the date and time of termination, and (ii) fiilfillment of the City's obligaaon under this Agreem�� Any use or re-use of such Ins�umenu of Service by the City or others without written verificadon or adaption by the Engineer except for the specific purpose intended will be at the City's risk and full legal responsibiliry. The City agrees, to the fullest extent permitted by law, to indemnify and hold the Engineer harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modificadon of these Ins�vments of Service by the Ciry or any person ar enary that acqufres or obtains the reporrs, Plans and specifications from ot through the City without the written authorizaaon of the Engineer. Under no circumstances shall transfer of Instivments of Service be deemed a sale by Engineer, and Engineer makes no warranties, either expressed or implied, of inerchanrability and fitness for any particular purpose. ARTiCLE 5 - AGREEMENT As used herein Agreement means: (1) The agreement for engineering, surveying and planning services; (2) These general contract provisions; (3) The attached exhibits; and (4) The supplemental agreement, where applicable. As to superseding effect, the attached e�ctubits shall govern over these general provisions, and the supplemental agreement, where applicable, shall govern over attached exhibiu and these general provisions. The Agreement consatutes the entire understanding between the Engineer and City. The Agreement supersedes all prior written ar oral understanding and may only be aznended, suppletnented, modified or cancelled by a duly executed wri[ten insu�ument ARTICLE 6 - RESPONSIBII.ITIES A. In order to permit the Engineer to perform the savices required under this Agreement, the City shall, in proper lime and sequence and where appropriate to the Project, at no expense to the Engineer. 1. Provide available information as to its requiremenra for the F[ojec4 2. Guarantee access to and make all provisions for the Engineer to enter upon public and private lands to enable the Engineer to perform its work under this Agreement 3. Provide such legal, accounting and insurance coiu�seling services as may be required for thia Project, (such aa review of insurance certificates, bonding clarifications and legal quesdona regazding propetty a� ,;cition ot assessment). 4. Notify the Engineer whenever the City observes or othenvise becomea aware of any defect in the Projecc 5. The Fridley Ciry Council or a person ot persons designated, shall act as Ciry's representative with respect to the services co be rendered imder tbis Agreement The City's representaave shall have the authority to �u�amit and receive instrucdons and information and to interpret and define the City's polides with respect to services rendered by the Engineer. 6. Furnish data (and professional interpretazions thereofl prepazedby or services performed by others, including where applicable, but not Iimited to, previous reports, core borings, probings and sub- surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspecdon of samples, tnaterials and equipment; appropriate professionat interpretations of the foregoing data; environmental assessment and impact statements; property, boundazY, easemenb rip,k►bof'waY> topographic and utiliry surveys; property description; zoning, deed and other land use restricdons; and other special dara. 7. Review all reports, sketches, drawings, specifications and other doeuments prepazed and presented by the Engineer, obtain advice of legal, accounting and insurance counselors ar others as Ciry deems necessary for such examinaaons and render in writing decisiona pertaining thereto witivn reasonable times so as not to delay the performance by the Engineer of the services to be rendered pursuant to this Agreement 8. Where appropriate, endeavor to identify, remwe and/or encapsulate asbestos products or materials or pollutants located in the project azea prior to accompliahmeni by the Engineer of any work on the Project 9. Provide record drawings and specificadons for all e�stingphysical plants of facilities which are perdnent to the Project, 10. Where available provide other services, materials, or data as may be set forth. 11. Bear all cosrs incidental to compliance with the requiremenu of this article. 12. Provide the foregoing in a manner sUfficiendy amely so as not to delay [he performance by the Engineer af the services in accordance with the Cantract Documents. B. Engineer shall be entided to rely on the accurecy and completeness of information or services furnished by the City ar others employed by the City. Engineer shall endeavor to verify the information provided and shall prompdy nodfy the City if the Engineer discovers that any information ar services furnished by the City is in ernor or is inadequate for its purpose. Exlribic A— General Conuacc Provisions Pag�� F:�WPWIN\1449A2�Contract�Exh A.doc ARTiCLE 7- OPINIONS OF COST Opinion, if any, of probable cost, consuvction cost, financial evaluations, feasibiliry studies, economic analyses of altemate solutions and utilitarian considerations of operadons and maintenance cosu provided for are made or to be made on the basis of the Engineer's experience and qualifications and represent the Engineer's best judgment as an experienced and qualified professional design firm. 'I'he parties aclmowledge, however, that the Fn� neer does not have conu�ol over the cost of labor, material, equipment or services fumished by others ar over market conditions or contractor's methods of determining their prices, and any evaluaaon of any facility to be consiructed or acrn•ired, or wark of necessity must be speculative untii completion of conaa�uction or acquisiaon. Accordingly, the Engineer dces not guarancee that proposals, bids or actual cosu will not vary from opinions, evaluations or studies subxnitted by the Engineer. ARTICLE 8 - INSURANCE Engineer has procured insurance in the types and amounts set forth in Exhibit E ARTTCLE 9 - ASSIGNME[�'T Tl�is Agreement, intended to secure the service of individuals employed by and through the Engineer, shall not be assigned or �ansferred without written consent of the City. ARTICLE 10 - CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 11 - NON-DISCRII��TATTON Engineer will comply with the provisions of applicable Federal, State and Local Statutes, Ordinances, and Regulations pertaining to human rights and non-dis�**�;*+ation ARTICLE 12 - CONFLICT RESOLiTIION In an effort to resolve any conflicts that azise during the design or construcdon of the project or following the compledon of the project, the City and Engineer agree that all disputes between them arising out of or relating to this Agreement shall be subautted to nonbinding mediation unless the pazties muCually agree otherwise. ARTICLE 13 - CONFIDENTIALITY The Engineer agrees to keep confidential and not to disclose to any person or entity, other than the Engine�'s employees, subconsultants and the general conaactor and subconuactora, if appropriate, any data and information not previously known to and generated by the Engineer or fumished to the Engineer and marked CONFIDENTIAL by the City. These provisions sball not apply to informadon in wl�atever form tUat comes into the public domain, nor shall it resaict the Engineer from giving notices required by law or complying with an order to provide informarion or data when such order is issued by a court, administxative agenry or other authority with pro�per jurisdicdon, or if it is reasonably necessary for the Engineer to defend himself or herself from any suit or claim. ARTTCLE 14 - LOCATION OF UNDERGROUND TMI'ROVEMENT'S The Engineer and/or his or her authotized subconsultant will conduct the reseazch that in lus ar her professional opinion is necessary and will ptepare a plan indicating the locadons intended fot subsurEace penea�adons with mspect to assumed locadona of underground improvemenu. Such services by the Engineer or his or het subconsultant will be performed in a manner consistent with the ordinary standard of care. The City recognizes that the research:nay not idendfy all underground improvements and that the information upon which the Engineer relies may contain errors or may not be completed. The City agrees, to the fullest e�etent permitted by law, to waive all claims and causes of acdon against the Engineer and anyone for whom the En�neer may be legally liable, far damages to underground improvements resuleing from subsurface penehation locadons established by the Engineet, except that the City dces not release the Engineer, iu principals, emplayees, agents and consultants from negligence which causes damage to underground imptovetnents resulting from subsurface peneuation locadons established by the Engineet. ARTICLE 15 - CONSTRUCTION OBSERVATION The Engineer shall visit the project at appropriate intervals during consavcdon to become familiaz with the progress and quality of the contracton' work and to determine if the work is proceeding in general accordance with the Contract Documents. The City has not retained the E�gineer to make detailed inspecdons or to provide eJrhausdve or continuous project mview and observation services. For City-observed projects, the Engineer shall accept the construction of the project as being coxnpleted accarding to the construction documents upon a similaz jusRficadon by the City observer. The Engineer does not guarantee the performance of, and shall have no responsibiliry for, the acts ot omissions of any contrrctor, subcona�actor, supplier ar any other entiry furnishing materials or performuig any work on the project If the City desires more extensive project observation or full-time project representation, the City shall request such services be provided by the Engineer as Additional Servicea in accordance with the terms of this Agreement In tiiis instance, the Engineer shall accept the construcaon of the project as being completed according to the consuuction documents. Iiowever, the Engineer does not guarantee the performance of, and shall l�ave no responsibility for, the acts or omissions of any conuactor, subconuactor, supplier or any otha endry furniahing materiala or performing any work an the pmject ARTiCLE 16 - INDEIvII1IFTCATION The Engineer agrees, to the fullest extent peanitted by law, to indemnify and hold the City harmless from any damage, liabiliry or cost (including reasonable attomeys' fees and cosu of defense) to the extent caused by the Engineer's negligent acts, errors or omissions in the performazice of professional services vnder this Ageement and those of his or her subconsultanu or anyone for whom the Engineer is legally liable. The Ciry agrees to the fullest extent permitted by law, w indemnify and hold the Engineer hazmless from any damage, liabiliry or cost (including reasonable attorneys' fees and costs af defense) W the extent caused by the City's negligent acts, errors or amissions and those o�his or her contractors, subconuactors or co�nsultanra or anyone for whom the City is legally liable, and arising from the project that is the subject of this Agreement &chibit A— General Cona�act Provisions P� F:\wPwII4\i449-o2�ConaaalFxh A.doc � - ' �I / �� & Associates, bzc. Su rv� 5': `: 7E 4=' 7f June 22, 2004 Ms. Julie Jones City of Fridley 6431 University Avenue NE Fridley, MN 55432 Re: Scope of Work for Springbrook Restoration Project Revised July 30, 2004 WSB Project No. 1449-02 Dear Ms. Jones: We thank you for the opporlunity to provide you with a scope of work, cost estimate and timeline to develop a restoration plan for the stream and wetland area at Inlet #3 witlun Springbrook Nature Center. The purpose of this work would be to continue to decrease the rate of storm water discharge within the Nature Center, work to restore the pre-development hydrologic regime of the wetland complex, and to stabilize the slxeambed at Inlet # 3. It is our understanding that the City will be using existing grant funds for this project and start construction by November 2004. Task 1: Obtain Contour Mapping for Park Cost Estimate: $3,800 This task includes having the WSB survey crew provide survey control within the park for Mazkhurd. Markhurd will develop the 2-foot contour mapping for the entire site based on a 1991 aerial fly-over at a cost of $2,800 if survey control is provided. It is estimated that this work will be completed by July 31, 2004. Task 2: Complete Wetland Delineation Cost Estimate: $2,900 This task includes delineating the wetland complex near Inlet #3 in the Springbrook Nature Center according to the approved methodologies outlined in the US Corps of Engineers Wetland Delineation Manual (1987). This information will be needed to develop a design in conformance with State and Federal wetland regulations and to obtain permits for the project. The wetland boundaries will be stuveyed, a wetland delineation report will be prepared, and the report submitted to the Anoka Conservation District, the DNR, and the US Corps of Engineers. This work will be completed by July 31, 2004 in conjunction with Task l. This task will not be completed until deemed , necessary by the City. ,ay Task 3: Evaluate Alternatives Cost Estimate: $4,200 Three alternatives to restore the inlet flow patterns and restore the streambank within the Nature Center will be developed. It is anticipated that two meetings with the City and the various stakeholders will be held to develop and review these alternatives. Cost estimates for each alternative will be developed. The existing hydrologic model that was developed as part of the Northtown Pond project will be used and updated to Minneapolis • �?�ioud • Equal Opportunity Employer F.• IWPWINI1449-021062204jj.doc June 22, 2D04 Page 2 evaluate these alternatives. An anticipated construction schedule for each alternative will also be developed. It is anticipated that this task will be completed by August 31, 2004. Task 4: Prepare Permit Applications Cost Estimate: $3,600 Based on the chosen alternative, permit applications to the City as the Local Government Unit for the Wetland Conservation Act, the DNR, and the US Corps of Engineers will be developed and submitted. An NPDES pernut application will also be submitted as part of this task (the $400 permit fee is included in the cost estimate). It is anticipated that one meeting with the agencies will be held to review this project and that permit applications can be submitted within one week of choosing an alternative. Obtaining a pernut is anticipated to take between 30-90 days. Work on this task will not proceed until deemed necessary by tlze Ciry. Task �: Complete Final Design Cost Estimate: $9,800 Based on input from the stakeholders as part of the previous task, a preferred alternative will be chosen and the fmal design, construction plans, and specifications will be developed. This will include preparing the bid documents. It is anticipated that the bids will be opened September 30, 2004. Construction is anticipated to start in November with final restoration occurring in June 2005. Work on this task will not proceed until deemed necessary by tlze City. The work outlined above would be completed on an hourly basis, with an estimated fee of $24,300. If you are in agreement with the work as outlined above, please sign where indicated below and return one copy to our office. If you should have any questions, please call me at 763-287-7188. Sincerely, WSB & Associates, In /�� Todd Hubmer, P.E. Associate : Title: Date: F.• I WPWIN11449-021062204„t j. doc 41 EXHIBIT E INSUR.ANCE SCHEDULE 42 GENERAL LIABILITY Carrier: Type of Insurance Coverage: EXHIBIT E WSB & ASSOCIATES, INC. INSURANCESCHEDULE State Auto Properiy & Casualty Company Commercial General Liability General Aggregate Products-Comp/Ops Aggregate Personal & Advertising Injury Each Occurrence AUTOMOBII,E LIABILITY Carrier: Type of Insurance: State Auto Property & Casualty Company Hired Autos Non-Owned Autos Coverage: Combined Single Limit WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Carrier: State Auto Property & Casualty Company Covera.ge Statutorv Each Accident Disease-Policy Limit Disease-Each Employee PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) Carrier: Design Professional's Insurance Company Coverage: $1,000,000 each clairn/$2,000,000 annual aggregate Certificates of Insurance will be provided upon request. E�chibit E $2,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 500,000 $ 500,000 $ 500,000 Page 1 of 1C:�Documenis and Settings�AMoffitt�Desktop\WSB ContractlExh El.doc 43 � �s+B Exhibit F &�,I,�. 2004 Rate Schedule Principal Associate Sr. Project Manager Project Manager/Engineering Specialist III Registered Engineer/Engineering Specialist II Project Engineer/Engineering Specialist I/Sr. Construction Observer Graduate Engineer Construction Observer Engineering Technician IV/Scientist III Engineering Teclznician III/Scientist II Engineering Technician II/Scientist I Engineering Technician I Office Technician II Office Technician I Registered Land Surveyor Survey (Two-Person Crew) Survey (Three-Person Crew) GPS Equipment $II6.00 $I09.00 $101.00 $91. SO $82. SO $74.00 $65.00 $67.00 $60. SO $S5. 00 $49. DO $43.00 $53. 00 �29.50 $I03.00 $I22.00 $145.00 $39.00 All costs associated witlz word processing, vehicle mileage, cell phones, reproduction of common correspo�zdence and mailing are included in tlze above hourly rates. Reimbursable expenses include costs associated with plan, specification and report reproduction, permit fee, delivery cost, etc. Rate Sclzedule is adjusted annually. 44 C:IDocuments and SettingslAMo�attlDesktoplWSB ContractlExh F.doc � � � cmr aF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 9, 2004 William W. Burns, City Manager �,`� � �I ` Jon rC V�aukaas, Public Works Director August 4, 2004 Award of Marion tiills Reservoir Project 1`Io. 356 PW04-058 On Monday, August 2, we opened bids for the demolition and reconstruction of the Marion liills Reservoir. There are only two companies we feel have the relevant experience and qualifications to construct this type of reservoir. Bids were received fi om both of these companies. The low bid was received from I`latgun Corporation of Wakefield, MA„ in the base bid amount of �1,018,000. This bid is higher than originally anticipated. Several factors contribute to this difference. Prices for both concrete and steel have increased significantly since we first looked at costs. Secondly, the estimates we received did not take into account the small site or the very tight time line necessary for this project Finally, this cost is for a complete �turn�key operation including all demolition, reconstruction and restoration. The Finance Director has stated that there are sufficient funds for this project fi-om our most recent utility bond sale. In addition to the base bid, there were five bid alternates. Alternate items 1-3 dealt with the uncertainty of an early winter and the additional work necessary to heat the concrete for proper curing in fi eezing temperatures. Altemate item 4 was for the replacement of unsuitable material in the unlikely event we find poor soils under the existing structure. Altemate item 5 is for an anodized aluminum sign with the new stylized Fridley logo to be mounted on the exterior of the tank. I`�atgun recognized the uncertainty of the alternates 1�3 for winter conditions and has offered us other options. They are committed to completing the tank on time or early and have offered to put a cap on the total heating requirements of alternates 1-3 of �90,000 in order to give the City a°not�to-exceed" price. They have also offered and are recommending that the City pay an additional �37,500 for °premium time,° overtime work hours to accelerate the construction schedule, instead of alternates 1�3. The premium time hours would still adhere to the City"s ordinance on working hours and noise. The option for premium time still gives us a not-to� exceed price, gets the project done faster, and eliminates the uncertainty of winter heating costs. All risk for winter heating would then be borne by the conh-actor. Recommend the City Council accept the bids for the Marion t�iills Reservoir Replacement Project 1`Io. 356 and award the project to the I`latgun Corporation of Wakefield, MA, for a total bid price of �1,018,000 plus altemates number 4- soil corrections at �34.50 per cubic yard and alternate number 5� the logo sign for �9,060. JFitl:cz 45 ,"# ' � . ._ - ' _ � :� � � - - �., - ��n� �n��e�s � Su��r� 1960 Premier Drive • Mankato, MN 56001-5900 Phone (507) 625-4171 • FAX (507) 625-4177 August 4, 2004 Mr. Jon Haukaas, P.E. Director of Public Works City of Fridley 6431 University Ave. NE Fridley, MN 55432-4303 RE: Bid Evaluation for 2004 Marian Hill Reservoir Construction Dear Jon: � ��o Two bids were received for the construction of the new Marian Hill Reservoir. As shown on the enclosed Bid Tabulation, the base bid prices from Natgun Corporation and Preload, Inc. were $1,018,000.00 and $1,124,353.00 respectively. Preload, Inc., however, qualified their bid stating that the price was contingent upon the owner agreeing to extend the substantial completion date to May 22, 2005 in lieu of the December 20, 2004 date stipulated in the contract documents. Therefore, the bid from Preload is not in conformance with the contract documents. Natgun Corporation, as per contract documents, quoted a lump sum mobilization cost of $48,000 and $3,000 per day cost to provide heating if unsuitable weather conditions force the contractor to adopt these measures to complete the project by December 20, 2004. Since the heating cost could be substantial due to unpredictable weather conditions, Natgun Corporation was requested to provide maximum heating related costs the City would incur. Natgun offered two alternatives. Alternative A offered a maximum heating related cost of $90,000 above the base bid price. With Alternative B, the Contractor would work overtime and Saturdays to avoid cold weather related heating expenses and limit the additional cost to $37,500. Since Alternative B has a price advantage, Bolton & Menk recommends that the City accept this alternative and bid price for the tank construction in the amount of $1,055,000. Natgun Corporation quoted $9,060.00 to install the City's logo on the tank. This price was $3,720.00 higher than the comparable bid from Preload, Inc. Natgun assures me that their price is based on a quote from a local sign painter who is familiar with tlle City's current logo. In summary, Bolton & Menk is recommending that the City accept Natgun Corporation's bid of $1,015,000 with $37,500 added for the accelerated schedule to avoid cold weather expenses, and $9,060.00 for installing the City's sign and loga If you have any questions, please contact me at 507-625-4171 ext. 104. Sincerely, BOLTON & MENK,INC. , C � :' ' j Herman Dharmarajah, Ph.D., P.E. � Principal Engineer HD:bja cc: Mark Kasma, Bolton & Menk, Inc. Burnsville Kris Swanson, Bolton & Menk, Inc. Mankato G:\FridleyVv12235921\Corresp\HaukaasLT 1-BidEval.doc MANKATO • FAIRMONT • SLEEPY EY�R BURNSVILLE • WILLMAR • CHASKA AMES, IA • LfBERTY, MO � E't � � � � L3� a � � � � � � � � � z�Q W w �� ¢ F� x �z� o, �� o�� Nwa pOO� P� � � v N � y � ep O � M � � . � � « � AH �� 0 U � v V L �O � v cv � N `� � � � •� � � b � wc°� O � v � aF OJ y -o -� � �. � � � � � � z w :J � ,� �. a � a� r � � � � � O cn � q Q� �1 y 69 64 � � rJ' a .� O o � � � � � � �'�'1 N y 69 �i 'Q ' M � � o ;� �a °o 0 � � � �' Q N i O -� q o � � i � Q � � ,z � b ° � o 0 aa Q � � � � � '� � O C'1 d o r'�i 'p oo � a O N y��, £ti C79 � c O .� O :+ E� U � o � �M C � ~ � d w � � y,� z a --� N 47 0 v � � � N P � � d � 'C � � � 08/0g,�4 18:86 FA% T81 2d5 �27A NatBUn Corparation , _, , t� 061 .�- �--. -y Wl[awcnitul Cu:wetc Taqks katrabli3htd 192y August 3, 2004 Mx. John Haukaas Pubilc Works Director City of Fcidley 6431 Univcrsity Avenut, N.W. Fz�dley, MN 55432 Fau No.: 7f�3�571-9178 Refereac�: 1.5 MG Precast, Prestressed Concretc Tank �rdley, �ota ` 8id Altexn�tives Dear Mt. Haukaas: Natgun Corpc�r9cion E�evea Tcal Road Vflokefield, MA 0188ai242 Telephone 781-246•i.133 Fax 781•224-SI63 On Monday. August 2, 2004, Nat� submitted the low base bid of 51,4�8,000 fot the above-refrxcnced pm,}ect. Based on our discussiot� £oUowing the bid, wc undatstan� the City's �oncern with tbe opGned-t�nded expc�se of Altemata 2(pex day heating cost) and Aiternate 3(de(ay)- To �l'uninate thnst concems, we propose the following t�vo a�tematives, which will cap the Ciry's cxpasure. A�g�g,g: Based o� our evalnatian of the schedule and our e6�hmat� of coid we�ther da�+s, we proposa the following cap of A.ltemate Items 1, 2, and 3 xf cold weather a]ternaies are nocessazy: Altcraate 1: Sat up intYastruct�ue for l�eati�g and protection $48,a04 Alternste 2: Heating coat per day ($3.000/day capped at a roaximum vf 10 days) $3d,000 Altcrnate 3: Casf of delay (54,0401day capped at 3 days) $iz.000 ' Totat Ma�mam ERposnre over bxse bfd: $90,400 A�t�rnate • It has alwarys bcen �Natgut►'s intention to expcnd the 7anaximum effort to comptete tbis tarilc in a time �me that woald svoid cotd weather ex�r�se. How�var, our bid did not include premium costs for overrime to acceler�fe oux coastruetion schedt�le or the risks essociated with winter protectivn. By chooaing Altornate B. Natguu will guarartteo tbe tank r�ady for sanfioe by Decembar 2�, 2004, �s reqairod by tha spec�ftcation and asswna atl risk and cast for cold weather protectian far the additionai cost af premium time to accelerate thc praject. ikgional afficra irs Rreacer $alrimare. Chicago, Calumbus, Dallaa, Kanasa Ciry, �jracusc 48 0$i0�/04 16:6b FAB 781 24S 3278 Nat6un Corparation .�02 Iv�. Jahn H�uk�as �ublic Works Director August 3, 2004 Page 2 A�tet�nute 1� (Lunip Su►n cost fur Uverli�ne, Wiieter Protect�'on, and .4ssocftae'eat Risk): 37 SO � This puts the City's total cost far tbis pmjcct at $1,OSS,SOb, nc�t including the logo a�sd any urisuitable material encoua�terod. Base�i an the acceptanc� of Attetnate B, Alterna� - Iterns 1. 2, and 3 would be e�rninated, and a change arder fvr $37,S+D0 issucd for prerniwn time to aiccelert�e t�e project. We calcula�texi the additional premiUm cost by estimating requiured pr�mirim expenses (ovc�rki,me hnurs and Saturdays) and eonaideriog the decrea,s�3 pmductivity faciors assc�ciated with wo�king in cold weather. We a�so consulted oiu' subcontractor for site work and demolition who indicates that for additional prcmium time he can accelerate hia sChodule to atlow us ta start tank construction one weck �az�ie�r. This cost has been imeluded with Alternate B. As you aze aware, on� week in Seistetnbcr is much more valuable tb�an one week in I�ovember. Alternate B provide a�avings of �52,560 over the guarantoad cost for the capped winter protxtion. 'Wc belieYe it is in cveryane's best i�tterest to select Alt�rna.te $. Yf yau have quesriaa�s or rcquize �dditionaT information, Qlaso feel &ee to caU. Thank you for the oppart�mity to present this i�nfarniation. : Ar, � � ,j � _ ,J3='f ��/' . E. J.�hnso !E� uti icc Pr�sident C;c: �Irnnan Dharmaraja, Boltcn & Mcuk {Fax Nu.: StY7-625-4177) ` (H:aaafi�iaix�nv�illetterslFridl�y OS-03-O�doc) � ,49 r � CRY OF FRIQLEY TO: - FROM: _ DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 9, 2004 William W. rns, City Manager �' � -� � Jon t1. liaukaas, Public Works Director August 4, 2004 Contract Addition to Marion 1lilis Reservoir Project I`!o. 356 PW04-059 The contractor, 1`latgun Corporation, has offered the City a contract addition for °premium time° to complete the construction early and eliminate the uncertainty of winter heating costs. Recommend the City Council approve Change Order [`io. 1 to the Marion liills Reservoir Project I`lo. 356 for a contract addition paying for overtime work to accelerate the constr-uction schedule in the amount of �37,500. Jtitl:cz 50 AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 9, 2004 CRY OF FRIDLEY TO: William W. Burns, City Manager �� r FROM: Jon tl. tl� s, Public Works Director DATE: July 27, 2004 SUBJECT: I`lo Parking Signage PW04�056 We have received a request from Fire Marshall Ralph Messer to restrict parking on the east side of Stinson Boulevard from 68�' Avenue to 69�' Avenue near the Rice Creek Townhomes. The Rice Creek Townhomes have had a problem of insufficient parking for a long time. Every winter we have issues with them regarding parking overnight and during snow emergencies. While these additional restrictions may compound the problem even a little more, the public safety concem is the more important issue. Signage would be installed along the east side of Stinson Boulevard stating �Fire Lane � 1`l0 Parking Anytime.° The restriction would apply 24 hours a day year round. Recommend the City Council approve the Fire Marshall's request to restrict parking on the east side of Stinson Boulevard from 68th Avenue to 69th Avenue. We had received a petition fi-om the residents of Lynde Drive to change and expand the parking restrictions on that street after completion of the street reconstruction project The new restrictions would prohibit parking between midnight and 9:00 a.m. on Lynde Drive between Polk Street and Fillmore Street The attached petition has been signed by 12 of the 16 affected properties. As there is a majority oF residents in favor of this change, we are recommending the City Council approve the request for additional parking restrictions on Lynde Drive as noted above. Jtirl:cz Attachment 51 Haukaas, Jon From: Messer, Ralph Sent: Tuesday, July 20, 2004 9:38 AM To: Haukaas, Jon Cc: Berg, John Subject: Stinson Blvd Request This email will confirm our conversation concerning Stinson Boulevard, N.E. from 69th Avenue, N.E. to 68th Avenue, N.E. near the Rice Creek Townhouses. During a recent fire in the Rice Creek complex, there were vehicles pazked on both sides of Stinson Blvd which nearly obstructed fire apparatus access to the fire scene. Access along Stinson Blvd is absolutely essential for emergency vehicle passage to townhome residences on 68th Avenue in the event of a fire or serious medical emergency. The 2003 Minnesota State Fire Code Section 503.2.1 requires an un- obstructed width of not less than twenty (20) feet for fue apparatus access roads. Complex parking on Stinson Blvd during the 68th Avenue fire reduced the width to approximately half the required distance. Therefore, I atn requesting that the City establish a fire lane for apparatus access along the east side of Stinson Blvd from 69th Avenue, N.E. to 68th Avenue, N.E. Requirements for signs, posting distances for fire lanes, etc. is found in Fridley City Code 108.04. If you have any questions or concerns, please contact me.Thank you for your assistance with this matter. Ralph W. Messer, Fire Marshal City of Fridley Fire Departtnent 1 52 _.. / "�_ � PETITIOi`I FOR Il`ISTALLATIOn OF 1`IO PARKII`ICi ZOI`IE ` OI`i LY[`IDE DRIVE FROM POLK STREET TO F'1LLMORE STREET :�,. To the City Council of Fridley Minnesota: ' We, the owners of real property abutting on Lynde Drive I`!E, between Polk Street I`IE and Fillmore Street I`IE, hereby petition that the City prohibit parking fi-om midnight to 9:00 a.m. on both sides � of the above mentioned section of Lynde Drive and install signage stating: 'I`lo Parking 12:00 a.m. - 9:00 a.m " as necessary to allow enforcement of such. , We understand that this prohibition of parking applies year round to aii persons, resident or otherwise. :� ...�. -. . :S e O� . :.s�,;..-.w,_,:,�.�._ : �<�;, :�._ r ; �,,,..�.:-:, ,.•�•,5• - , ' - - ' 1K� ; 1000 Gynde Drive I`IE . ' .� ' 1001 Lynde Drive I`IE I 1: . . � . . , ,Y: 7. � n . . � � - 1010 Lynde Drive I`� -� ;. `.4 . ',�' .�, r _ �'�", '�` 1011 Lynde Drnre .1`� � � . . �� . . ,� ... ,�:. -� 1 � r, . � 1020 Lynde Drive I`IE ' 4 .�, ,�� : _�__ � . - ,.� . 1021 L�nde;_�rive [`� � _ _ �.�� ..-, _ �'' �,�,,.- ' 1030 Lynde Qrive 1`� � - � �� :. : � � ;: � � 1031� Lyricle Drive l`��`� �,; . � � :� ,; x� . � ��,�%"� cR/I�/i �� ;' 1�0 1.�/Il.d6 �17�(e � ' � fi,; . , � , K � t . �:. P _ � � ,� io�i Lynae � r� � � ' ;�;; � �: o ��, , s 4 .,�t'.: ,r �.i` , . . . .. . . ,:.,. s�.�;. . - � _ t �' �. ,.yyE:�.:.'� i-:;: �3na+ = r .. ` . `��, .. . . 1050 Lynde Drive I`IE ,� ,r,,k 'a�, <a IO�L Lynde. Dr�ve�' . 4 � ;_ �.'�'�� , . � i 1060 Lynde Drive 1`lE. . _ . - , ,� � 1061 Lynde Drive I`� "� r 1070 Lynde Drive 1`� � 1071 Lynde Drive (`�E �� Examined, checked and found to be in proper form and to be signed by the known owners of property directty affected by the parking restriction petitioned for. Debra A. Skogen, City Clerk 53 , � f . � � G7TY OF FRIQLElf To: From: Subject: Date: AGENDA ITEM CITY COUNCIL MEETING OF August 9, 2004 William B. Burns, City Manager Richard Pribyl, Finance Director Debra A. Skogen, City Clerk Resolution Appointing Election Judges for the 2004 Two-Year Election Cycle August 3, 2004 c , The attached resolution appoints election judges for the 2004 two-year election cycle. The election judges are being appointed without precinct assignments at this time to allow the city more flexibility in determining precinct assignments. Election judges receive training which qualifies them to serve a two year term as an election judge. The election judges being appointed have been selected from previous wark as election judges, lists which have been provided by the political parties and those individuals who have applied to be an election judge. RESOLUTION NO. - 2004 RESOLUTION APPOINTING ELECTION JiJDGES FOR TI� 2004 PRIMARY AND GENERAL ELECTIONS NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, at a regular meeting on August 9, 2004. SECTION 1. That on the 14th day of September 2004, and the 2nd day of November, 2004, there shall be a Statewide Primary and General Election: SECTION 2. That the polling place will be open from 7:00 a.m. to 8:00 p.m. for the purpose of voting: SECTION 3: That the following people are hereby appointed to act as Judges for said election except that the City Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.05 of the City Charter: Mary Ackerman Jacie Adair Suzanne Alvite' Warren Jerold Bahls Marlyce Bailey Ann Bangen Stanley Berquist Rita Binkowski Douglas Blase Carole Blaska Betty Bonine Linda Borman Bernadette Bovy Marilyn Brick Barbara Brooks Carol Bunnell Kathleen Burzynski Casimir Burzynski Lisle Cameron Georgene Capra Joseph Capra JoAnn Cedarholm Les Coyle Maxine Dammen Julann Delaney Dennis Dewing Glen Douglas Jewell Douglas Carolyn Doyle Patricia Dufresne Harold Dwire Marlene Eidem Sharry Elias B. Corene Elliott Barbara Enrooth Arlene Ewer Donald Findell Marguerite Gilbert Lana Joy Glaser James Green Lynne Grigor Rosalie Halling Gretchen Hanson Laurie Harris Kathy Harrison Oksana Hawryluk Jan Hebeisen Carolyn Holmen Jane Hosman Robert Hosman Teresa Hub Irene Jochum Rosemary Johnson Barbara Johnson David Johnson Nancy Jorgenson Carol Kalan Roger Kaye Irma Kelly Mary Kirkwood Esther Kisch Arvilla Kobernusz Ruby Koenen Janet Kothman Ted Kranz Marlys Kranz Olga Krochalk Myrna Lamberton Nina Landt Dorothy Larson Judy Lennox Joan Leonard Karen Leske Jeanette Lindquist Darothy Linse David Linton Arlene Linton Marlys Lisowski Loretta Listerud Natalie Lohmer Carole Lueders Marilyn Manley Joyce McConville Connie Metcalf Rose Meyerhoff Pete Meyerhoff Jeri Miller Bruce Miller Deborah Monden Ben Monson Annabel Monson Myrtle Morphew Camilla Mueller Joe Murphy Richard Nelson Marie Nelson Donna Nardin Donna Novak Margaret Oelschlager Mardy Olesen Ruth 011ila Kay Olson Donna Ossmann Eugene Ouellette Jean Overlie , � Resolution No. Lois Palmquist Dorothy Pehl Leslie Plummer Courtney Rathke John Renken Barbara Rosenberg Cindy Ruschy Norma Rust Noel Ryan Beverly Sax Lois Scholzen Marlene Schonebaum Tom Schonebaum Betty Scott Dorothy(Dorrie) Sielaff Sandy Skow Ann Sorsole il Rodger Sorsoleil Janet Swanson Robin Utto Darlene Vallin Judith Veres Jean Wagener John Walther Jackie Walther Delores Weaver Page 2 Joe Westenfield Marliss Westenfield Ann Williams Maureen Woodard Maureen Zgutowicz Laurence Zimmerman Maria Zurbey SECTION 4. Compensation for said Judges will be paid at the rate of $7.75 per hour for regulaz Judges and $8.25 for the Chairperson of the Election Board. PASSED AND ADOPTED BY THE CITY COUNCIL OF 'THE CITY OF FRIDLEY THIS DAY OF , 2004. ATTEST: DEBRA A. SKOGEN, CITY CLERK SCOTT J. LUND, MAYOR 0 0 � � CtiY OF FRIDLEY Name Brian Weierke AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 9, 2004 Position Captain Exempt Appointment Starting SalaN $34.26 per hour Gregory Sergeant $31.41 * Salo Exempt per hour * 2003 rate — L.E.L.S. contract in negotiations 57 Starting Date Aug. 12, 2004 Aug. 12, 2004 Replaces Lynne Bankes Brian Weierke � AGENDA ITEM COUNCIL MEETING OF AUGUST 9, 2004 CffY OF FRIDLEY CLAIMS 117566 -117809 �:� � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 9, 2004 Tvpe of License '-- LICENSES Approved By: FOOD, RETAIL GASOLINE, TOBACCO SALES Convenience Management. Tim Bristlin Public Safety Director Services, Inc Fire Inspector 6101 University Av. NE Community Development Fridley, MN 55432 Stop `n Save 7298 Hwy 65 Fridley, MN 55432 Abebe Woldeamanuel 59 Public Safety Director Fire Inspector Community Development 0 _� City of Fridley AGENDAITEM City Council Meeting Of Monday, August 09, 2004 � Gas Services - Master Gas Fitters 2263 N McKnight Rd STE 2 Dan Perzichilli _ North St Paul MN 55109- General Contractor-Commercial All Poolside Services Inc 121 E County Rd C Louis Anderson Little Canada MN 55117- Limited Partners The 4601 Excelsior Blvd STE 301 Pam Lazor St Louis Park MN 55416- Maertens-Brenny Construction Co 8251 Main St NE Joe Maertens Fridley MN 55432- Martinez Willie Contractor 3641 Lancaster Lane Willie Martinez Plymouth MN 55441- General Contractor-Residential American Contracting Associates (20393450) 502 2 St Suite 110 Chris Leffner Hudson WI 54016- Anderson Roofing & Construction (4126) 366 Rose Lane Kevin Anderson a Little Canada Mn 55117- DTM Remodeling Inc (20397041) 2701 36 Ave S Daniel Tousignant Minneapolis MN 55418- •1 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Oificial Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Oificial State of M N State of MN State of M N � Northland Home Exteriors (20440290) 308 SW 15 St #202 Doyle Land Forest Lake MN 55025- R & M Associates (4391) 3482 Auger Ray Palme White Bear Lake MN 55110- Rudnitski Neil Construction (20157764) 8265 Spring Lake Rd Neil Rudnitski Mounds View MN 55112- S � S Construction & Maintenance (20103508) 25634 108 St NW Davin Sowden Zimmerman MN 55398- Tasks Unlimited Bldg Service (20092527) 2419 Nicollet Ave S Dana Scarlett Minneapolis MN 55404- Trendy Roofing Sons Inc (20027543) 210 Zachary Lane George Hulinsky Plymouth MN 55441- Heatin Bonfe's Plumbing 8� Heating 505 Randolph Ave Lisa Pulczinski St Paul MN 55102- Plumbinq Alpha Mechanical Inc 15167 Fillmore St NE Gary Burkhardt Ham Lake MN 55304- Bonfe's Plumbing 8� Heating 505 Randolph Ave Lisa Pulczinski St Paul MN 55102- 61 Approved Bv: State of MN State of M N State of MN State of M N State of MN State of M N Ron Julkowski Building Official State of M N Ron Julkowski Building Official Casper Mechanical inc 4948 357 Ave Dalbo MN 55017- Casper Mechanical Inc 4948 257 Avenue Dalbo MN 55017- Gorham Oien Mechanical 841 Forest Ave E Mora MN 55051- Hutton & Rowe Inc 15790 Jarvis St Elk River MN 55330-6291 Robillard Plumbing 8� Maintenance 10720 Dunkirk Lane N Maple Grove MN 55369- Siqn Erector Advance Signs 543 W Wise Rd Unit #B Schaumburg IL 60193- Signs By Tomorrow 6530 University Ave NE Fridley MN 55432- � Nick Casper NicK Casper Jon Gorham David Rowe Joseph Robillard Eun T Kim Jim Kaczrowski 62 Approved BY: State of M N State of M N State of MN State of M N State of M N Ron Julkowski Building Official Ron Julkowski Building Official � AGENDA ITEM CITY COUNCIL MEETIIVG OF AUGUST 9, 2004 a'�'°F ESTIMATES FRIDLEY Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 2004 Street Improvement Project No. ST. 2004 —1 EstimateNo. 3 ....................................................................................... $ 54,499.05 Midwest Asphalt Corporation 5929 Baker Road Suite 420 Minnetonka, MN 55345 Hickory Drive Watermain Replacement Project No. 350 EstimateNo. 5 ......................................................................................... $ 22,040.53 Ron Kassa Construction, Inc. 6005 — 250�' East Elko, MN 55020 2004 Miscellaneous Concrete Repair Project No. 355 . EstimateNo. 2 ....................................................................................... $19,609.99 63 � AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 9, 2004 CffY OF FRIDLEY Date: August 4, 2004 To: William Burns, City Manager �11 � � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner Subject: Curbside Recycling Contract Extension Background A few months ago, knowing that the City's current curbside recycling contract with BFI expires March 31, 2005, staff consulted with the Environmental Quality and Energy Commission regarding options for the service. The Commission concurred with staff's opinion that the City was in a very good position to negotiate a contract extension that incorporates revenue sharing. Upon staff s request, BFI has presented the City of Fridley three options for extending their curbside recycling contract with the City of Fridley, including two options for revenue sharing. Revenue sharing is when the contractor and the City share the market value of the recyclables. Over the past two years, market prices for recyclables have been very high. The few cities who have contracts where they share revenues have significantly lowered their costs. In Fridley's situation, however, increasing our revenues will result in a loss in SCORE (State Recycling Grant) funding. This is because Anoka County's funding system only permits cities to obtain SCORE funds for the amount of their net recycling expenses. Because Fridley has significantly reduced our expenses, we are not qualifying for all of our eligible SCORE funds currently. If revenues are increased through revenue sharing, Fridley would qualify for even less State funding. Therefore, staff asked BFI to consider a contract extension proposal with revenue sharing, where the value of the recyclables would be accumulated in a service exchange fund that the City could draw from, as desired. Under this system, the City would not have to report the revenues on our County reports. BFI verified with their accountants that such a fund could be developed. Possible extra recycling services that the City might use the fund for could include things like a special free electronics or appliance recycling drop off, printing and mailing of recycling educational items, school presentations, apartment recycling area signs, replacement of recycling containers, special event or park recycling, and more. Revenue sharing would be a means for the City to replace some of the recycling services we have had to eliminate with budget cuts. •� BFI is offering Fridley three contract extension options, which are described in the attached letter. Option 1 is to extend the existing contract arrangement without revenue sharing at the existing price. Option 2 is for 50% revenue sharing. Option 3 is for 100% revenue sharing. Since the budget year and the contract year are not the same, staff developed the attached spreadsheet to analyze the cost implications of each option. Also attached is a sample revenue calculation based upon an average month's recycling amount and current market rates. The contract cost projections spreadsheet net costs are based upon this revenue calculation. However, recycling markets are unpredictable and the City could end up receiving much less than the current values. Another consideration for each option is how it impacts the ability of the City to qualify for the maximum amount of SCORE funding. Under each option, the City would qualify for the following share of Fridley's $60,000 expected 2005 SCORE funding allotment: Option 1 $51,245 (85%) Option 2 $59,322 (99%) Option 3 $69,306 (116%) Therefore, besides being the most favorable option as far as the lowest expected net cost, Option 3 with 100% revenue sharing offers the City the best opportunity to qualify for the most SCORE funds. However, Option 3 would require the City to increase the quarterly recycling charge in utility bills 5.5% (from $6.06 per quarter to $6.36) in 2005 to balance the SWAP budget. With the recent change to the City Charter, the City would be allowed �o implement this increase. In other words, residents would need to pay an extra ten cents a month for the opportunity to have some additional free services. Staff has surveyed comparable municipal recycling contract rates across the Metro area and is confident that each of the three options proposed by BFI is likely to be less costly than we could expect if we bid out the service. In addition, no other company is expected to offer this level of revenue sharing or the service exchange fund option, which will allow the City to qualify for more State funding and possibly provide some extra services. Recommendation Any of the options proposed by BFI are better than what staff would anticipate to obtain by soliciting proposals in the marketplace. Staff recommends that the City accept BFI's option 3, which would include 100% revenue sharing for a five-year extension of the City's curbside recycling contract. Although this option would require a fee increase to residents of about 5% in 2005, it offers the City a mechanism to provide an estimated $110,000 per year in additional recycling services if recyclable markets remain strong. Providing additional recycling opportunities will also help the City achieve its County recycling goals. This unique service exchange fund option provides the City a mechanism to fund popular recycling drop off opportunities. It also offers the City a new reason to encourage residents to recycle more. This is important as our curbside recycling numbers are decreasing and we will be struggling to meet our County goal this year. The five-year contract extension is recommended since BFI proposes only a 2% annual increase, which is much less than the typical4% increases most cities have written into contracts. M-04-106 C:�+� July 14, 2004 City of Fridley Julie Jones Environmental Planner 6431 University Ave NE Fridley, MN 55432 Dear Julie, Thank you for your time two weeks ago. It was a pleasure to meet you. Tom and I enjoyed the discussion of your recycling service ideas. We would like to present some options that we believe will be beneficial for Fridley and that wili strengthen the relationship between your city and BFI Waste Systems. These aze simply suggestions...so feel free to add ideas and expand upon these thoughts. Option 1: BFI would seek a three-year renewal of the current agreement. BFI will hold the recycling rate for all of 2005 at the current rate of $2.18 per unit for single units and $1.49 for multiple units. We would respectively request a 2% increase for 2006, 2% in 2007, and 2% in 2008. With this option, there will be no recycle revenue-sharing with the city. Option Z: BFI will share the recycling revenue with the city. We would ask that the new recycling rate be $2.28 per home for single units and $1.56 for multiple units. In this plan we would offer to share 50% of the total revenue after a $50.00 per ton processing fee for all but plastics (which is $86.00 per ton processing) was subtracted from the rebate. The recycling rebate will be kept in a"service exchange fund" to be used by the City of Fridley to offset such costs as city-wide cleanups, electronics recycling, bulb recycling, printing and mailing of recycling brochures, etc. This will allow the city to offer these additional services at low or no cost to its residents. Option 3: BFI will share the recycling revenue with the city. We would ask that the new recycling rate be $2.40 per home for single units and $1.68 for multiple units. In this plan we would offer to share 100% of the total revenue after a $50.00 per ton processing fee for all but plastics (which is $86.00 per ton processing) was subtracted from the rebate. The recycling rebate will be kept in a"service exchange fund" to be used by the City of Fridley to offset such costs as city-wide cleanups, electronics recycling, bulb recycling, printing and mailing of recycling brochures, etc. This will allow the city to offer these additional services at low or no cost to its residents. BFI would tie any revenue sharing options/rebate levels to the Official Board Market Yellow Sheet-Chicago. We would ask for 2% price increases for subsequent contract yeazs just like we outlined in Option 1 above. We would certainly welcome the renewal of the current agreement (as outlined in Option 1). We feel strongly about our relationship with the City of Fridley and hope this type of partnership will enhance that relationship. Please call me or Tom Chovan with any questions or thoughts you may have. My phone number is listed below and Tom's number is 763-259-5569. Thank you. Sincerely, Rich Hirstein Municipal and Residential Sales Manger 952-946-5330 � �� • Curbside Recycling Contract Cost Projections Option 1- No Revenue Sharing Gross Potential Annual Cost Annual Revenues* 2005 $ 234,396 $ 2006 $ 237,643 $ 2007 $ 242,724 $ Net Annual Cost i� '� �� 234,396 237,643 242, 724 Option 2- 50% Revenue Sharing Gross Potential Net Annual Annual Cost Annual Cost Revenues* 2005 $ 242,473 $ 55,104 $ 187,369 2006 $ 250,667 $ 55,104 $ 195,563 2007 $ 256,499 $ 55,104 $ 201, 395 Option 3 -100% Revenue Sharing Gross Potential Net Annual Annual Cost Annual Cost Revenues* 2005 $ 252,457 $ 110,208 $ 142,249 2006 $ 262,475 $ 110,208 $ 152,267 2007 $ 267,887 $ 110,208 $ 157,679 " Based upon current market values and current average weights collected Prepared by Julie 8/6/2004 � Page 1 Average Monthly Curbside Recycling Revenues Projection Based Upon Actual Fridley Tonnage Rec'd April 2004 Using current market price figures . � ■► AGENDA ITEM �aF CITY COUNCIL MEETING OF AUGUST 9, 2004 FRIDLEY INFORMAL STATUS REPORTS �