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02/22/1988 - 5016or�r�c��, crr� aovrxx� ��np, �i1NQL NEETIl� FEBId1ARY 22, 1988 � �� ft�GlE4 FRIDLEY CITY COUNCIL MEETING ATTENDANCE SHEET MONDAY, February 22 , 19$8 7:30 P.M. PLEASE SIGK NAME,ADDRESS AND ITEM NUMBER IN7ERES7E0 IN NAME ADDRESS . � �� Fi#DLEY ITEM NUMBER . Council Meeting, February 22, 1988 Page 2 OLD BUSINESS (COKTINUED): Consideration of Appointments to Environmental Quality, Energy, Human Resources, and Cable Television Commissions . . . . . . . . . . . . . . . . . . 2 Sue Jackson appointed to the Human Resources Commission Bruce Hanley appointed to the Energy Commission CITY MANAGER--ACTION TAREN: Sent 1 ette r s inf orm ing appl icant s of Council: appointments to Commissions and put tabled appointments on next agenda for consideration NEW BUSINESS• Consideration of an Extension to Record Lot Spl it, L. S. #86-06, by Donna Lind . . . . . . . . . . . . 3 - 3 C Approved with stipulations COMMIINITY DEVELOPMENT--ACTION TAREN: Informecl applicant of Council approval with stipulations Receive the Minutes of the Planning Commission Meeting of February 10, 1988 . . . . . . . . . . . . . . . 4 - 4 HH Received A. Consicleration of a Special Use Permit, SP #88- 02, to Allow a Billiarcl, an Arcade, a Snack Bar, on Lot 4, 5 and 6, Block l, Pa co Indust r i al Pa r k, the Same Being 7178 University Avenue N. E. , by Greg Asproth ..................................... 4-4F Planning Gommis�ion R,�commendation: Approved 4N-4W With Stipulations Council Action Needed: Consideration of Recommendation Approved with stipulations 1-11 Stipulation 6 amended COMMONITY DEyELO�MENT--ACTION TAREN: Informed appropriate party of Council approval and amending of Stipulation 6 . Cpuncil Meeting, February 22, 1988 NEW BUSINESS (CONT NUED): B. Consideration of a Preliminary Plat, P. S. #87- 07, Heather Oaks, Being a Replat of Lot 16, Except The East 33 Feet, Auclitor's Subdivision No. 92, And Outlot A, Acorn Hills Addition, and that Part Of Lot 14, Auditor's Subdivision No. 92, Which Lies East of the West 165 Feet Thereof, and Lot 25, Auclitor's Subdivision No. 92, Except the Southerly 150 Feet Including a Right of Way, and all That Part of Lot 24, Auditor's Subdivision No. 92, Except the South 150 Feet of the East 80 Feet of Said Lot 24, Including a Right of Way, all Generally Located at 5980 Stinson Boulevard N. E. , by Brickner Builders ............................ �EF-4R Planning Commission Recommend�tion: Approved 4X•-4AA With Stipulations Council Action Needed: Set Public Hearing for March 7, 1988 Set Public Aearing for 3/7/88 CO,���NITY DEVELOPMENT--ACTION ,�AREN: Proceeded with sE�tting Public Hearing for March 7, 1988 � C. Consideration of a Vacation, SAV #87-11, to Vacate that Part of McRinley Street as Dedicated In the Plat of Acorn Hills Addition, Together With the Northerly Extension of Said McKinley Street to the South Line of the Plat of Amber Oaks, Generally Located at 5980 Stinson Boulevard N. E. , by Brickner Builders ... . . . . . .. . . . . . .. . . . . . . Planning Commission Recommendation: Approved With Stipulation Council Action Needed: Set Public Hearing for March 7. 1988 �� R-4 L 4:BB Pa ge 3 Set Publ ic xear i ng f or 3/7/ 88 COMMONITY DEVELOPMENT--ACTION TAREN: Proceeded with s��tting Public Hearing for March 7, I988 . Council Meeting, February 22, 1988 NEW BUSINESS (CONTINUED): (PLANNING COMMISSION CONTINUED) D. Review of Proposal for Allocation of 1988 Community Development Block Grant Funds .......... 4L-4M �,�anning Commission Recommendation: Acceptance 4CC-4HH of Proposal ,�,ouncil Action Needed: Consideration of Recommendation Tabled - staff to bring back in proper order for next meeting and further information COMMONITY DEVELOPMENT--ACTION TAREN: Preparing proposal and additional information Pa ge 4 Receive the Minutes of the Charter Commission Meeting of November 30, 1987 . . . . . . . . . . . . . . . 5 - 5 G Received COMMONITY DEVELOPMENT--ACTION TAREN: Filed for future reference Consicleration to Provide Minnesota Department of Transportation a Permanent Util ity Easement Generally Located on the Frontage Road in the Southeast Quadrant of T. H. 65 and I-694 .......... 6- 6 C Approved. Staff send cover letter on Council's cancern o n no i se f rom I-6 94 PUBLIC WORRS--ACTION TAREN: Preparecl letter .Cpuncil Meeting, February 22, 1988 NEW BUSINESS (CONTINUED): Consideration to Enter into a Joint Powers Agreement with Anoka County for the Improvement of 51st Way and East River Road. ........ Appr ov e d Pa ge 5 . . . . . 7 - 7 B PUBLIC WORRS--ACTION TAREN: Proceeded as authorized Consideration of a Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids; Removal and Replacement of Miscellaneous Concrete Curb, Gutter & Sidewalk - 1988. . . . . . . Resolution No. 17-1988 aclopted gUBLIC WORRS--ACTION TAREN: Proceec7ed as authorized Consideration of a Resolution Orderinq Improvement, Approval of Plans and Ordering Advertisement for Bids; Springbrook Nature Center Fence Improvement Pr oj ect # 180 . . . . . . . . . . . . . . . . . . . Resolution No. 18-1988 adoptecl �UBLIC WORRS--ACTiON TAREN: Proceed as authorized . . . 8 - 8 A . . . . 9 - 9 A , ,Cpuncil Meeting, February 22, 1988 '. _ Pa ge 6 NEW BUSINESS (CONTINUED): Consideration of a Resolution to Enter into a Cooperative Agreement with the Minnesota State Planni ng Agency . . . . . . . . . . . . . . . . . . . . . 10 - 10 B Resolution No. 19-1988 aclopted POLICE DEPT.--ACTION TAREN: Resolution mailed to state. Consideration of a Resolution for Additional Funding for Aighways to Preserve the Existing Roadways, Reconstruct Roads as Necessary, and Complete the Incomplete System of Roadways ........ 11 - 11 B Resolution No. 20-1988 adopted PUBLIC WORRS--ACTION TAREN: Proceedecl as authorized Claims . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Appr ov e d CENTRAL SERVICE--ACTION TAREN: Paid Claims Licenses . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13 B Appr ov ed CENTRAL SERVICE--ACTION TAREN: Issued Licenses Est imate s . . . . . . . . . . . . . . . . . . . . . . . . . 14 Appr ov e d CENTRAL SERVICE--ACTION TAKEN: Paid Estimates ADJOURN: 9: 10 p. m. COUNC I � N�ET I NG, FEBRUARY 22. 1988 I �J I . ► I I CONSIDERATlON OF APPOINTMENTS TO ENVIRONMENTAL �UAL ITY, ENERGY, HUMAN RESOURCES, AND CABLE TELEV I S I ON COMM i SS I ONS . . . . . . . . . . . . . • . . . . 2 � � : ► PA GE 2 CONSIDERATION OF AN EXTENSION TO RECORD LOT SPL I T, L. S. #86-06 , BY DONNA L I ND . . . . . . . . . . . . 3 - 3 C RECE I VE THE MI NUTES OF THE PLANNI NG COMM I SSI ON I�'�ETI NG OF FEBRUARY 1 P1. 1988 . . . . . . . . . . . . . . . 4 - 4 HH A. CANS I DERAT I ON OF A SPEC I AL USE PERM i T, SP #88- 02. TO ALLOW A BiLLIARD. AN ARCADE. A SNACK BAR, ON LOT 4. 5 AND 6, BLOCK 1. PACO I NDUSTR 1 AL PARK. THE SAME BE i NG 7178 UN I VERS I TY AVENUE N. E. . BY GREGASPROTH ..................................... 4-4F PLANNING COMMISSION RECOt�IMENDATION; APPROVED 4N-4W WITH STI PULATI ONS COUNCIL ACTION NEEDED: CONSIDERATION OF RECOMMENDATION COUNC{ L N�ET I NG, FESRUARY 22. 1988 \ � : ► � ►� ► �� B, CONS { DERAT I ON OF A PREL I M! NARY PLAT, P, S. #87- 07, HEATHER OAKS. BE1NG A REPLAT OF LOT 16, EXCEPT THE EAST 33 FEET, AUDITOR'S SUBDIVISION N0. 92, AND OUTLOT A. ACORN HILLS ADDITION, AND THAT PART OF LOT 14. AUDITOR'S SUBDIVISION N0. 92. WHICH LIES EAST OF THE WEST 165 FEET THEREOF, AND LOT 25, AUDfTOR'S SUBDIVISiON N0. 92. EXCEPT THE SOUTHERLY 150 FEET 1NCLUDING A RIGHT OF WAY, AND ALL THAT PART OF LOT 24, AUDITOR'S SUBDIVISION N0. 92. EXCEPT THE SOUTH 150 FEET OF THE EAST 80 FEET OF SA t D LOT 24 , I NCL UD I NG A R I GHT OF WAY . ALL GENERALLY LOCATED A7 5980 ST I NSON BOULEVARD N. E. , BYBRICKNER BUILDERS ...�.........�........•••.•. ,PIANNINC COMMISSION RFCOMMENDATION; APPROVED WITH STI PULATI ONS � COUNGIL ACTION NEEDED: SET PUBLIC HEARING FOR MARCH 7, 1988 C. CONSiDERATiON OF A VACATiON, SAV #87-11. TO VACATE THAT PART OF MCKINLEY STREET AS DEDICATED Ih THE PLAT Of ACORN HILLS ADDITION, TOGETHER WITH THE NORTHERLY EXTENSION OF SAID MCKINLEY STREET TO THE SOUTH LINE OF THE PLAT OF AMBER OAKS, GENERALLY LOCATED AT 5980 STiNSON BOULEVARD N.E,, BY BRICKNER BUILDERS ................••.•.•. j�ANhINC CO MISSION RF�OMMENDATtON: APPROVEO W I TH ST I PUL AT I ON COUNCIL ACTION NEEDED: SET PUBLIC HEARING FOR h'IARCH 7. 1988 PA GE 3 � 4F-4K 4X-4AA 4K-4L 4B6 - COUNCIL N�ETING. FEBRUARY 22. 1988 � : 1 �1 \ � ( PLANN { NG COh1M I SS I ON CONT I NUED � D. REV 1 EW OF PROPOSAL FOR ALLOCAT I ON OF 1988 COMMUNITY DEVELOPMENT BLOCK 6RANT FUNDS .......... 4L-4 PLAhhINC COMMISSION RECOMMENDATION: ACCEP7ANCE �+CC-4H1� OF PROPOSAL �OUNGIL ACTION EEDED; CONSIDERATION OF P.E COMME NDAT 1 ON PA GE 4 RECEIVE THE MINUTES OF THE CHARTER COMMISSION N�ETI NG OF NOVEMBER 30. 1987 . . . . . . . . . . . . . . . 5 - 5 G CONSIDERATlON TO PROVIQE MlNNESOTA DEPARTMENT OF TRANSPORTATION A PERMANENT UTILITY EASEMENT GENERALLY LOCATED ON THE FRONTAGE ROAD 1N THE SOUTHEAST �UADRANT OF T,H. 65 AND I-694. . . . , . . . . . 6 - 6 C COUNCiL N�ETING. FEBRUARY 22, 1988 ► � : ► �1 ► � PAGE 5 G:)NS I DERAT I ON TO ENTER I NTO A.J01 NT POWERS �{:REEMENT WITH ANOKA COUNTY FOR THE IMPROVEMENT OF 51 ST WAY AND EAST R I VER ROAD. .........•••. 7- 7 B CONSI DERATI ON OF A RESOLUTI ON ORDERI NG IMPROVEMENT, APPROVAL OF PLANS AND ORDERI NG ADVERTI SEMENT FOR B I DS: REMOVAL AND REPLACEMENT OF MI SCELLANEOUS CONCRETE CURB, GUTTER b SIDEWALK - 198g. . . . • . • • • • 8 - 8 A CONS{DERATION OF A RESOLUTtON ORDERING IMPROVEMENT. APPROVAL OF FLANS AND ORDER I NG ADVERT I SEMENT FOR B 1 DS; SPR I NGBROOK NATURE CENTER FENCE IMPROVEMENT PR OJ E CT # 180 . . . . . . . . . . . . . . . . . . . . . . . 9 - 9 A COUNCIL N�ETING. FEBRUARY 22. 1988 ► � : 1 �l 1 � PA GE 6 CONSIDERATION OF A RESOLUTION TO ENTER INTO A COOPERATIVE AGREEMENT W{TH THE MINNESOTA STATE PLANNI NG AGENCY . . . . . . . . . . . . . . . . . . . . . 10 - 10 B CONS I DERAT I ON OF A RESOLUT l ON FOR ADD 1 T I ONAL FUNDI NG FOR H i GHWAYS TO PRESERVE THE EXI STI NG ROADWAYS, RECONSTRUCT ROADS AS NECESSARY, AND COMPLETE THE INCOMPLETE SYSTEM OF ROADWAYS ........ 11 - 11 B QAIMS. . . . . . . . . . . . . . . . . . . . . . . . . . 12 LtcENSES. . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13 6 0 ESTI MATES . . . . . . . . . . . . . . . . . . . . . . . . . 14 �� � : 0 • � �iE MINUZES OF �E FRI�GEY CITY QXtNCTL AEETIl� � I�ebtuary 8, 1988 '�' I�II 0 TAE RDGiJLAR N�ETII� OF 't'� FRIDIEY CITY COONGTL OF FEBRtIARY 8. 1988 �he Regular Meeting of the Fridley City ��cil was called to order at 7:40 p. m. by I�yor Nee. PLEDGE OF ALLDGIAI�K�: - � Mayor Nee led the Gbimcil and audienoe in the Pledge of Allegiance to the Fl ag. �_('AT,T,• P�EI�BERS PRF�FNT: Mayor Nee, Q�Lncilwanan Jorgenson, Q»cilman Schreider, Q�incilman Fitzpatrick and Co�mcilman Billings MENBERS ABSENT: Nore • i��M_-�y : - � r. �� � � �. M� : �e�---�1 I�, ai al: ' . .� Mayor Nee stated proclamations are being issued proclaiming the week of F�ebruary 8, 1988 as Fbreigl Exchange Studerit Week in �idley. He stated the student exchange pc�ogram is sponsored by the American Field Service and three students are presently attending high sc�ools in FricIley. Mayor Nee preserited these proclanations and the Fridley VFW presented 12 miniature American flags to the follaaing foreic}n exchange students: Carol ir�a Merino, (hile Wanvisa 5iritang, 7hailand Thomas Stangl, Austria Ms. Meriro stated her home was in Santiago, Chile and she is at�ending Totino-Graoe Hic� School. She stated it has been a good experienoe to be in this a��try and get to ]maw the people and another cul.ture. Ms. Sirihong stated her home is in Bangkok, 7hailand and that she has been here six months. She stated she was living with her host family in Shoreview and attenc�s Totino-Graoe Aic� School. Ms. Sirihong stated she has mac7e a lot of friends and is �earning al�out American culture. She stated one of her great experiences has been the snow and this year will be a menory for all her life. Mr. Stangl stated he is from Austria and lives in a small tawn near the border of 9witzerland. Ae stated he attends Fridley High School anc7 likes the school and students. Mr. Stangl stat�ed he is involved with the c�ble television public acoess whirh he enjays. -1- ' ' ��� �4�!_ ��iJ�. !__ +�i��� . • ��: ��i_ : _' : : /1�: �� • •� � 's_i' ��l� �� �«-s���- �he Cbtmci.l aclalawledged the C�ab Sa�uts fran North Park Elementary School whQ were present at this meeting. _-� ''�iL:__ • �� ! / �• y, _v! �M ► '�1!' '+ • :: NDTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded tr� �tmcilman Schr�eider. Up�n a voiae vate, all voting aye, Mayor Nee declared the motion carried unanimously. • �� � � • ; �i�; A�TION by Councilman Schneider to adopt the agenda with the follawing additions: (10) Oonsideration of Selection of a Construction Management Finn for the Civic Ceriter renodeling and (11) Consideration of a Traffic Sic�al at 51st Way and East River Road. Seoonded tr� Cbimcilwoman Jorgenson Upon a voioe vate, all voting aye, Mayor Nee declared the motion carried unanimously. A resolution o�mmending the City Manager for serviaes to the City of Fridley was also oonsidered as the first ite�n of new busiryess. .� �•• � � _ �•�_ Zhere was no resp�nse fran the audienoe �der this item of b�usiness. OLD BUSINESS: I. Q�I�NCE 1+�? 901 REOODIFYII� TI� ,�R�,�LEY �TY CODE CHAPTER �Q6 ENTITLED "BLnL,DTI� OODE" TO A�PT NEW S�ATE BUILDII� �DE A1�ID ANIEDIDMENPS: Mr. l�bertson, 4�arnmmity Developnerit Director, stated this ordinanae updates the building oode, which is actually acbpted by the State of Minn�esota. 7he City is required by State Iaw to enforoe that vode. Ae stated the fee schedule, which is Fart of the ordinanoe, be�mes effective May 1, 1988. Mr. Robertson stated sinve the first reading of the ordinance, there has been an update on the fee schedule for land alterations. He stated the first reading of the ordir�noe a�r�tai�ed the 1982 fee scheduZe and an u�pdate has been reoeived and is incluc3ed for the eeaond reading of the orclinanoe. O��mcilman �itz�atrick asked if the eritire building oode was included. Mr. RQbert�on stated not the eritire oade, but only the updates. O�cmcilman Schr�eider asked if the fee schec7ules are o�nsistent with other cities in the metropolitan area to which Mr. Robertson answered in the af f ilanative. NDTION b,� Gotmcilman Schneider to waive the reading and acbpt Ordinance No. -2- .i �� _� ��� �� �.��_ �Y �����. � i�i11_i..�.� 901 on the sea�nd reading and order publication. Seooncled by Councilman Billings. Upon a voioe vote, all vating aye, Mayor Nee declared the motion carried tmanimously. 2. CONSIDERATION OF APPOINTMENTS TO ENVIRONMEI�AL OUALITY. ENERGY. HUMAN R iJRCES AI�ID CABLE TELEVISION_ C101�Il�lISSIONS: � NDT�DN b� Gb�mcilman Schr�eider to table these appointments. Seooncled by Councilwoman Jorgenson. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. �1EW BUSINESS: 2A. ��LLn'ION I�. 14-1988 O�NlMEI�IDIU' Tf� CITY N�GER FOR SERVICES T0 TAE CITY OF FRIDLEY: ��mcilman Billings stated he has an i�em which was not included as an agench iten �a as�a B�i A�nt, Assistant to the Ci.ty Manager, to read the resol ution. Mr. Aunt read this resolution which oommenc7s the City Manager, Nasim Qureshi, for his servioes to the City of Fridley ana appreciation for his aontributions made to the growth an6 developnent of FYicIley and to the well being of its citizens. NDTIDN tr� an�mcilman Billings to acbpt Resolukion No. 14-1988. Seoonded by �Lmcilman Schneider. Up�n a voioe vote, all voting aye, Mayor Nee declared the motion carried �animously. Mr. Qureshi skated when you serve s� long in the o�mn�ity, it is nioe to be rea�gnized ty those he serves and to lmaw the citizens are getting the best possible serviaes for their tax dollars. K ' « �� 4:� �I_ • �, k� �_� _ • �! �, • -_ � .. �� �� • • _i_ U!� � ; � � _,� i- - �� D1, • ' '�� • • ' �__ I� �� � ' I • ��s 'i '� • 4�1 � � • � � • 4�� �� •� �___ � 4:1 • `� � • � r• • • � � :� 14: • ''�'�_� ' � �.� � � 'y� ' • •� 1�iM �-- I ;� � • •L4r � 4s1 `� �4� - 1 . 1 �Y�.� • __• �� • •+ •_:__ � I �.� •� ,� • _�!. • '� -� • • 4�� :� ��faL _ • 4S�_4_ � � s_ I : { ' S I � � i_ �_f!_ �. Mr. Robertson, Commtuiity Developnent Director, stated this property is located south of 73rd Avenue and east of Highway 65. Ae stated Crysteel Distributing, Inc., who is a tenant of Hydraulic Specialties to the south, was requesking a special use permit for outside storage in wnj�ction with their business operation on this property. �ie stated the property is zoned M-1 and the uses Froposed include warehousing, lic�t manufacturing, office use, as well as sales an8 servive. -3- ' i �� _� �4� �!iJ�.�� ���+� _ �_ �?�= �:i! � � Mr. lmbertson stated the site ara3 was ap�xoximately 1.3 acres, the building area was 11,440 s�uare feet and 39 Farking spaoes are required. He stated the site glan has been developed by A. B. S�stems. He stated there is a varianoe associated with this Froject to reduae fihe side yard setback from 35 feet to 20 feet. Mr. I�bertson stated the Appeals (bm�►ission rea�mmended this varianoe be submitted to the Council, without Planning Commission review, in orc3er that the special use permit and varianc� could be cr�nsidered at the same meeting. Mr. Imbertson stated the Planning Commission recommencled approval ot the special use permit with eic�t stipulations which he outlined. He stated under stipulation 4, the storm water drainage plan approval was needed prior to the building permit being issued. He stated staff has reoeived the plan today, however, and would like to have the opportuzity to review and ap�ove i� Mr. Qureshi, City Manager, asked if a o�ritribution was being made for the drainage. He poirited out that on the Determan property, an easement was given. Mr. Rc>bertson stated he believed there was an easement, hawever, staff would check further. Mr. Qureshi felt one of the stipulations should require an easement Yae �avided for the bik�eway/walkway along 73rd Avenue and also an easement for a triangular p�rtion of pcoperty at the servioe road. Mr, Schuller, Vioe-PresiderYt of A.B. 9ystems, stat,ed the plan submitted by their civil engineer, who also worked on the Det�erman project, tied in the drainage. Ae stated the e�semerit for the bikeway/wallaaay is �ravided on the r�orth of the p�roperty and they cb rbt have a Fxoblen with it. Mr. Schuller stated Crysteel is involved in making utility b�xes, snaw plaas and acoessories for trucks. He stated these are manufactured at their plant in Lake Crystal and installed at the FricIley facility. O�uncilman Schneider asked if there would be hazardous wastes or chemicals stored on this site. Mr. Sc.huller stated there will be rn hazarc%us wastes and presented photos of the type of equipnent to be stored on the p�operty. NDTNN b� Gbtmcilman Schneic7er to concur with the reoommendation of the Planning Commission and grant Special Use Permit, SP #88-01, to allow exterior storage of materials and equipnent at 1130 73rd Avenue, with the follaaing stipulations: (1) an eic�t foot high chain link fenoe with viriyl slats on east, west, anc7 north (including gat�e) be rxovided with no barbed wire visible frcm ric�t of-way; (2) additiorral landscaping be provided per staff drawing; (3) staff reserves the right to reoommend changes to the building facade to achieve qualitative oonsistency with reoent cAnstruction in the area; (4) developer to supply a storm c3rainage plan for approval by staff, after a review of the Riae (xeek Watershed's a�roval of this plan; (5) private utility easement and covenant between subject property and paroel to the south to be executed and reoorded prior to building permit; (6) balance of �ark fee from L.S. �87-02 to be paid prior to building -�4- � �� -� �}44 !h�J�.� ��?���! • ' �? J�s- + permit; (7) no display (for sale or atherwise) of trucks or equipnent will be permitted outside the storage yard on this �roperty or any o�tizer adjaoent property; (8) letter of credit to be supplied to a�ver outside improvements prior to building permit being issued; and (9) a bi.keway/walkway easement, as well as an easement for the triangular p�rtion on the mrthwest o�rner of the 9ervioe road, be pravided. Seooncled by Councilman Billings. t)pon a voioe vote, all voting aye, Mayor Nee cieclared the motian carried unanimo�sly. At this time, the ��mcil a�nsidered Item 4, the variance, associated with this Froperty. �• � � • • • . ; L=�. s�.« • a� �. • ,. . � �� ' � .« :i •.��� a ��±� ���� '�!� - • «� �i�i�! • 1 �i • •� • � � ss • � _i • � • � �' s ss _ _ � �� � s--z � v • 1 _� /�l�L • �. •� � � � • 1 ; s � �_: �i� l��! �!� I ���s . . � _ �� � � -� � �� �� , � • � � _i � �� ' � �_i � �� �.� •� �-�-- • s �� ' • 4s� '• �4�1. • !;_ti� 4:! s y� � 1 �� : I. �1 � � �4_ � . �. Mr. I�bertson, �ntnity Developnertt Director, stated this is a request for a varianoe to reduoe the side yard setback f rom 35 feet to 2Q feet on a o�rner Iot. He stated the Appeals Cbmanission reviewed the request and has rev�mmended ap�xaval with the stipulation the builcling be lawered as mudl as p�ssible. Mr. lmbertson stated the petitioner origirally requested another variance, but k� working with staff, it was eliminated as the builcling was moved f ive feet further to the east. Mr. Sc�uller, re�esenting A. B. S�ste�ns, statred it was Fhysically impossible to mwe their trucks in and out without this varianoe. He stated a buildi.ng heic�t of 22 feet inside is required for this operation. Mr. Schuller stated the west wall would be buried in the gro�nd a minimun of two feet and some landscaFii.ng can be cbne on the west si.de to reduoe the visual impact. He stated they als� plan exterior lighting to enhanoe the ap�pearance of the area. (blmcilman Fitzpatrick asked haw many persons would be employed at this facil ity. Mr. Glen Wiens, General Manager of Crysteel, statec3 they anticiPate 10 or 12 enplayees within a year or so. He stated currently there are six emplvyees. NDTD�N b� Cb�mcilman Schneider to ooncur with the rec�mmendation of the Appeals Cbmmission and grant varianoe, VAR �87-40, to reduoe the required side yarcl setback from 35 feet to 20 feet on a corner lot with the stipulation that the building be lawered as muc� as possible. Seaonded by Councilman Fitzpatrick. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. B. (7�NS�ERA't'TON OF M�ORE LAKE �NS C:URB CITr RDQUEST: -5- � �! _?� «r±� _ _��.1�. M_ �!�r • �=���s=_�.� LI���3 Mr. Robertson, (br�►�ity Developnent Director, stated this request for an additional curb cut at the Moore Lake Cbmmons developnent has been reviewed by the Planning Coi�►ission. Ae stated the �nission re�mmended approval with three stipul.ations which he outlir�ed. Mr. R�bertson stated the additional curb cut would be onto Rice Creek Road across fran 63rd Avenue. Ae stated it would allaw for u�limite� ingress, but would restrict egress to a right turn only. He stated neighborhood traffic o�uld acoess the oenter at this point and retain full aonvenienoe of turning mwenents frcm 63rd Avenue. Gbimcilman Schneider asked haw much additior�al traffic would be created on 63rd and on Old Ceritral Avenue c'A�e to the easy acoess from this proposed curb cut. Mr. Fiora, Public Works Director, stated as far as acaess orito 63rd, rnthing is chanqed fran what is currently available. He stated as far as Central Avenue, the persons �stronizing the shopping center would only be able to turn right on Rioe Creek Road and would probably be used by those persons wishing to g� east. Mr. F7.ora stated he felt the entranoes Fravided further west would facilitate traffic mavenerits to the s�uth. Gb�mcilwanan Jorgenson asked if there would be sic�age pravided to indicate if Fatrons of the oenter wanted to cp west, they should use Hic,�way 65. Mr. Apglebaun, the petitioner, stated the main eritranoe and exits would be on the west side of the venter, with one drive for ingress and two drives for egress. He stated he dic�'t believe this additional curb cut would change the traffic in any way. (b�mcilman Billings asked haa imp�rtarit it was to use this curb cut as b�th an eritranoe and e�dt and if it oould be used as an entranoe only. Mr. Appleba�n stated with an entrance only, it may cause some interior traf f ic problens in the oenter. Councilwoman Jorgenson stated the problen is that ther� would be five entranoes within 1,300 feet. Mr. Qureshi, City Manaqer, statea the street would be widened consiclerably with two lanes of traffic in b�th directions in order to acoommodate the traf f ic. Q�imcilwanan Jorgenson qvestioned if the median on Hic�way 65 is closed at 63rd Avenue, haw acaess will be ol�tained to The Lift and the City's liquor store. Mr. Flora statec3 Mississippi Street oould be used to Dellwood Drive to 63rd or southbo�md traffic on Highway 65 aould make a U-turn at Rioe Creek Road. Mr. F'lora statec3 the proposed vacation of the service road has yet to be acldreseed nor the possibility of an easement through .the shopping center that would pravide acvess to the Lift anc3 the liqu�r store. -6- ; �, � �4�! !�.�1s.�� ,r!�!�� s_ • ' �? ��_�� ��� Mr. Qureshi stated if Gb�cil appraves this aclditior�l curb cut, the traffic situation o�uld be monitored and if a cletermination is made there is a problen, the City has the mntrol to have it oorrected. 1�DTmN tr� Q��mcilman Schr�eider to ap�rave �e additional curb cut for Moore Lake Co�nons devel opnent with t-he f ol l aw ing st i pul ati ons : (1) dev el ope r will provide a aentral drive�aay with glantings in lir�e with �w c�rb cut as indicated on plan; (2) developer will pravide lighted directional signage which demtes entranae and exit lanes with "no exit" on back of entry sign; and (3) developer aqrees to close the driveway if the City cletermines that an uzmar�ageable traffic situation results from its use or misuse. Seoonded t�y Gb�mcilman Billings. Upon a voioe vate, ��mcilman Sdzneicler, Gb�cilman Billings, Mayor Nee and Gb�cilman Fitz�trick vated in favor of the mation. 4�imcilwanan Jorgenson voted ac�inst the motion. Mayor Nee declared the mation carried tr� a 4 to 1 vote. •� �� • • y� • • v!14� • i ,�i • � � �l��i '• ��� /���l�y � • • � ���,: • : �� a�,ti��� �� _-� ' i�JG_ • ; .� � i� _i_�1� ,' -4L 1!� �� Yi__ � i i �_i_�. Mr. Hunt, Assistant to the City Manager, stated the proposal for a policy regarding minicipal data bases has been discussed by the Aiunan Resouroes Cb�nission over the past several years. Ae stated in discussions by the �trnnission, various staff manbers were o�nsulted for their input. Mr. Hunt stated the data in the City's hands is a little different than data of private organizations because the Data Practices Act states data in goverrmental �nits is puk�lic information. He stated, therefore, vollection of data tr� the Ca.ty mic�t possibly be harmful ta its citizens if the data is, basirally, public d�main. Mr. Atmt stated the intent of the Aunan Reeources �mmission was that the City e�ercise some aare in adding fiies to a c'�ta base and that it be done a�nsidering possiale ramifications. Mr. Pritr�l statec3 the N,'.LS �mnittee muld review additions to the data base and be aware of aaqui ring vertain types of data. Councilman Billings stated this was discussed by the H�unan Resources (b�nission wY�n he was a msnber two years ag�. Ae stated the basic thrust behind this type of p�lfcy is to call attention to the fact thai caref ul planning has to be cb� so cUta isn't entered into the systen, whidl appears to be inmoerit information, and then misused for "ill-gotten" gains. NDT�DN tr� Cblmcilman Billings to acbpt the fol.lawing p�l icy reoommended by the H�man Resouroes Commission and as revised at their October 1, 1987 meetin9: A. 7hat t-he City's Management Information G�unittee give hicji priority to its f�nction as an interrral polic.y review board. B. 71�at the fu�ctions of the p�licy review board include: 7- � �� _� ��+� �� J�,� _ �i�!! • �L: ��,so �ZI�: (1) Develop�ng written criteria for additions to, or retention of, data elenents in the data bases. Zhe criteria should oonsider mt only the p�tential etfect of r�ew data acctimtiulated, but its potential imFe►ct when oombined with other c�ta elenents already in any c'�ta base. On a scheduled periodic basis, all the elenerrts in the data bases stiould be reviewed in lic�t of the establistzecYcriteria. (2) Requiring a clear written stat�emerit of purpose fran those requesting the addition of elenents to the data bases. (3) Developing a clear and o�nsistent policy for releasing information requested. Cbnsideration should be gi.ven to vesting the responsibility of addressing requests for information in a oentral location within the Ci.ty. (4) Segregating potentially sensitive c�ta on single purp�se data bases, micro--o�mputers, or ather rea�rcls. Sewnded i�r (b�mcilman Fitzpatrick. Upon a voiae vote, all votinq aye, Mayor Nee declared the mation wrried unanimously. � • M , _� i ,�1 f • _ 4s� s-' �- _ •!��1� • yfal • _ �_�1 �_�+ ... � �• _ �� • ' • • : L�i ' �.M • a • G ' ; : �:�� '�af� 1M 4a1 • �• � ' 71� �� /s ' � i�i� ' �!" � ' •! ' � ' -�� � ► ' �i ' � i ' ' _ *��.��! �• � ,� ,1.r,__ • Mr. Robertson, Cbmnunity Develo�znent Director, stated this is a request for a varianae to reduoe the side yard setback f ran the requred 80 feet to 35 feet in order to allow for an addition. Ae stated the existing building was �nstructed with a 35 foot side yard setback ancl the petitioner would 1 ike to add orito the west end of the existing Miller Funeral Home at the same setback off West Moore Lake Drive. He stated in 1967 when the building was cAnstructeci, the petitior�er was qranted a reduction in f ront yard setback frcm 80 feet to 55 feet and, at that time, the side yard to a side street was iriterpretea to be 35 feet. Mr. Robertson stated the Appeals Commission reviewed this request and reo�mmended appraval of the variance with several stipulations which he outlined. He statec3 at the time the building was c�nstructed, there was some question about adequate �arking and curbing and with the reo�manendati.on that all aontic�aous property in this location ownea by the petitioner be a�mbired into orye tax parvel, all �arking and curbing would meet the aode. NDTI�N tr� Cocmcilman Schneider to ooncur Appeal s Conmission and qrant Varianve, VAR setback on a oorner lot f rom 80 feet to stipul.ations: (1) the petitioner work wi � with the rev�mmendation of the �87-39, to reduce the side yard 35 feet, with the following th staff on outwarci imprarsnerits to ' i 1� � �l4� !• J�.�� �r�����. � � ��: ��s� �, include a new landscape plan with automatic irrigation; (2) that the addition be a�ntinuation of the existing exterior finishes of the existing builcling; and (3) petitioner vombine the property into one tax parcel. Seo�nded by Gb�cilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion c$rried unanimously. 4. Zhis itesn was o�nsidered earlier in the agenda. i -� � • �.� • : ; �s � . . ���l� y, � '� �_ • � i u • • • : .�a�� • •�,�iy � � av� ! 4�� = .� � u ��1� �� . �11�• �'�« �'�_� • Mr. H�mt, Assistant to the City Manager, stated for the last several years the Q�imcil has been awarding grants to hunan eerviaes organizatons through the GbmQntnity Developnent Block Grant progran. Ae stated, in the past, the City had no agreenerits with these organizations, hawever, Federal law now requires agreenents in or8er for the City to reoeive reimbursemerrt from the �Lmty. Mr. Hunt stated a sample of the agreement was included in the Qoimcil's agenc3a and the resolution includes each organization and aanotmt of CTBG fLnds reoeived. He stated orye agreenent has been returned f ram ACCAP and the City is waiting for the nire others. Gb►mcilman Sdu�eider questioned the eentenoe "All program inoome shall be forwaraed to Anoka ��mty" �der Item 7, F�nding Alternatives and Future Suppor� Mr. H�t stated he dich't believe this is a problen for any of the service or ganiz ations. NDTION b,� Gbimcilman Schneider to acbpt Resolution No. 15-1988. Seo�nded tr� Gbimcilman Fitz�atrick. Upon a voioe vate, Q��mcilman Schneider, m�cilman F'itz�atrick, Mayor Nee anc] Goi.mcilman Billings voted in favor of the motion. Gb�mcilwcman Jorgenson abstained from voting on the motion. Mayor Nee declared the motion aarried tr�r a 4 to 1 vote. • � _� ��• ,� . �:: �• ;_!.�•�� � �•• � �. s �'• .�-� �.a Mr. Hill, Public Safety Director, stated for several years the Ci.ty has been cping through the proaess of replacing warning sirens. He stated this regolution would authorize advertising for bic� for eic�t electronic warning sirens. He stated f�nding will be from capital improvenents. Mr. Aill stated there are only three manufacturers in the oountry that make this equipnent and specifications and iriformation would be sent to these three vencbr s. Mr. Aill stated if the City were to purchase the latest state-of-the-art systen, these are in stock and wuld be reoeived in 30 days. He stated the bidders will be invited to sul�nit any alternate �rop�sals that the City may rr�t be aware of at this time. Mr. Hill stated if there is a new system on the market, it make take longer than 30 days to reoeive. He stated even if it is the tornacb season, he clich't anticiFetre any problen as they would be _� � �� _ � ��� •� 1�, �_ ,���+��� • ' �a�: ��s+. � shut cbwn one at a time. Mr. Hill stated the radio activiation has been o�mpleted rather than relying on tele�hone lines. He stated one of the iteqns the City will insist upon is that the siren be backed up tr� a battery. NDTIDN by Gbimcilman Sc�r�eider to acbpt Res�luton No. 16-1988. Seaonded by Councilwaman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �animously. 7. ,5,�� I�DTmN by �tmcilman Schneider to authorize payment of Claims No. 18617 throuc� 18851. Seaonded tr� Cbtmcilman Fitz�atrick. Upon a voioe vote, all vating aye, Mayor Nee declared the motion carried unanimously. 8. LICENSES• HDTION b� CbLmcilman Fitz�atrick to ap�xave the lioenses as sul:mitted and as on file in the Lioense Clerk's Offioe. Seoonded by Councilman Billings. Upon a voioe vate, all vating aye, Mayor Nee declared the motion carried unanimously. 9. ESTIMATES: NDT�DN tr� Cb�mcilman Schreider to ap�ave the estimates as suimitted: Herrick & Nesaman, P.A. 6401 University Avenue NE Suite 205 Fric�.Ey, NN 55432 For S�rvioes Rendered as c�ty Attorney for the month of January, 1988 . . . . . . . . . . . . . . $3,451.10 �A 2400 American National Bank Building St. Aaul, MV 55101-1893 Repair of Cbmmons Park Filtration I�lant Project �164 F�rtial Estimat�e . . . . . . . . . . . . . . . . . . $1,225.00 Sea�nde8 b� O�imcilman Fitz�atrick. Upon a voioe vote, all voting aye, Mayor Nee c�eclared the motion carried unanimously. � �• � • • • �a_ • •_ � �• . � � . �. � i • • � � • ���� Mr. Qureshi, City l�anag�er, stated due to the o�mplexity of the reqnodeling ancl e�ansion of the Civic Ceriter, it may be �uder�t to hire a oonstruction managemetlt firm to manage the various �ritractors involved in the ranodeling and expansion. He stated this may be a better method than hiring a general -10- � ' � 1� � �4� !�.J�.�� wl�!�t� �. • ' �= ��.�+ � oontractor as the oonstruction management firnn would have an on-site superintenderit to aversee the work and protect the City' s interests. Mr. Qureshi stated the department heads have interviewed at least three firms and are sutmitting a reaommendation. Mr. R�berts�n, Q�nnninity Developnent Director, stated the architect has advised this project will be very complex and using a corYStruction mar�agemerit firm, rather than a general �ritractor, may be more betyeficial to the City. Mr. Robertson stated the City initially �nsidered five possible firms of whidi two were elimir�ated and three were asked to sukmit written bids. Ae stated the c3epartment heads reviewed all three written proposals and oompileci a list of questions to interview two of these firms. Ae stated both these firms, Bos�rdt and Christenson Corporation and Rraus Anclerson �nstruction Gbm�any, are hic�ly qualified. He stated after �e iriterviews, it was the aonoensus of the de�artznent heads that Bossardt and Christenson would best meet the CYty's needs. Mr. lmbertson stated the basic fee would be $78,000, with a total fee mt to e�oceed $300,000. Mr. Flora, Public Works Director, stated, normally, a general oontractor will have two or three sub-�cor�tractors working under his direction. Ae stated under the a�nstruction management oonaept, the oonstruction manager will advertise and find the best prive for the trades anc3 skills needed to oomplete the project. He stated most large oonstruction jobs use the o�nstruction manager o�noept. Mr. Robertson stated when there is a general contractor involved, essentially, the City is obliged to prooeed with the laa bidder. He stated by having a a�ntruction manager, the City has someorye who is very skilled in handling a a�mplex job and obtaining the best p�ssible prioe. Mr. Qureshi stated with a general aoritractor there may be 20 sut�-oontractors to which the general ooritractor adds his Ixofit. Ae stated a oonstruction manage�ne� ficm is Faid a fiaaed fee ancl they are Frofessionally trained in this work. Mr. Qureshi stated because the Ci.ty is renoc3eling the e�tisting building, it was importarit there be as little interr�tion as p�ssible with City busir�ess. Gb�mcilman Billings asked if the oonstruction management firm would be letting all the b�icls at onoe so the Cb�mcil would lmaw the msts. He stated with a geryeral �ritractor, after bicl� are reveived, the oosts are l�own. Mr. l�bertsbn stated all the persons who wrote p�opo.�ls have reviewed the budqet and determined it was aclequate. He stated the 1 ikel ihood of o�mpleting the project on time and on budget is better with the a�nstruction mar�aqement ap�oacfi. Mr. Christenson, representinq Bossarc't and Christenson Gorporation, stated the o�ritract cbc�nent will be a�mpleted and everything bid at the same time so the Gb�cil would Imaw e�ctly the a�nstruction c�sts before they even begin aonstruction. -11- i �� � ��! !• �,�}� „i�+��� � �= �1��s+ GbLnci.lman Billings stated if the City did not proceed with this project, the only aosts to the City w�uld be the fee for Mr. Qiristenson to assemble the bic�. Mr. Christenson stated that was o�rrect. Mr. Christenson statecl t� the time the desigl c7evelopnent stage is finished with the architect, the o�sts wi11 be Imawn. Ae stated usually when bids are reoeived they are about 5$ belaa the estimates. Mr. Christedson stated the imp�rtant �art of the aonstruction management progran is working in the desic� stage to identify various systems and which would be the best and most a�st effective. Mayor Nee asked Mr. Christenson if his firm would provide the site s�perintenc3ent. Mr. Christenson stated there would be a full time site superirYtenc3ent. Mr. (�ristenson stated in the general contractor relationship, the o�ritractor is not involved until the project is bid. Ae stated under the a�nstruction manac�nent a�noept, there is o�nstruction input at the design stage. Ae stated with the oonstruction management team involved, the architectural fees may be somewhat less. Mr. Christenson stated althouc�i the wntracts are made directly with the City, their firm would be resp�nsible throughout the aonstruction of the project. He stated they w�ould oontact the �r�tractors to make sure the work is a�mpleted. Coimcilman Srhneider pointed out the City has had problens in the �ast where wnsultants were hired and a mritractor dich't cb his job. He questioned what Bossardt and Christenson' s role would be if something 1 ike thi s occurred. Mr. �hristenson stated they are the professionals the City hires to oversee this Froject and felt they had an obligation to make sure the project is �mpleted satisfactorily. He stated if there is a�roblen, he felt the City woul d f ind then 1 iabl e. Mr. Flora stated an architect was hired to design the project and a o�nstruction managenent firm would determirye haw to �ackage it and finci the best possible o�ntractors to �mplete the job. He stated this firm would be resp�nsible for averseeing the project and that it is cnnstructed acwrding to the plans. Councilman Billings asked if the oontracts are bid through the City's bidding proaess. Mr. Flora stated the oonstruction managener►t firm will review the bids an8 the a�mFanies sutmitting bicls and make a reoom�nendation to the douncil. He stated the Cb�mcil will make the decision on awarding the bicts. ��mcilman Schneider askec7 who would be responsible for the oontraetor meeting the specifications. Mr. Christenson stated it would be the oonstruction management firm's responsibility. He stated the on-site -12- 7 � ; �� _� M4� !�.�1�.�� ,�!�!����. • ' ;�a�: ���s.�� ' ��� superintendent is responsible to make sure everything is installed anc3 finctions Froperly. Ae stated a performanoe bona wo�.a t� required of all oontractors. I�DTmN b� Q��mcilman Billings to authorize staff to preFare a a�ntract with the fian of Bossardt and Christenson Cbrporation for o�nstruction management serviaes. Sea�nc3ed bp dotmcilman Schneider. ' Councilman Billings stated he would like to review the c�ntract. Mr. Qzristenson referred to the standard AIA o�nstruction manac�esnent agreenerit. Q��mcilman Billings statecl the $78,000 fee is clivided into four categories as follaws: $15,000 for desigz clevelopnerit; $10,000 for working drawings; $10,000 for bid evaluaion ancl award; and $43,000 for o�nstruction. Mr. Christenson stated in the desic� and developnerit stage, they would work with the desic� team to establish a soape of work and schedule. He stated they would g� throuc� the value engineering prooess tr� identifying different enclosure syst�ns and mechanical and electrical systems to get the best value for the City. Ae stated in the working drawing stage, they would be workinq with the design team to establish architectural and structural details to fit into the overall vonstruction schedule. Mr. C�ristenson stated during the bid evaluation ancl award stage, they will be sol iciting bids and making contractors aware of this proj ect. He stated it is aritidpated 100 to 120 bids will be reoeived on the project. Gb�mcilman Billings statred if and when the bids are received the Council feels the project is over budget, the City's only obligation would be $35,000 and the $43,000 for oonstruction woulc�'t have to be Faid. Mr. CY�ristenson stated he believes that is a fair statement. ��mcilman Billings ask�ed what oosts �uld be incurred over and above the $78,000 figure. Mr. (�ristenson stated there stiould be rone. Mr. Christenson stated there would be general a�ndition items which incl ude such thinc}s as trailers, tenporary heat and pawer, clean-up, eta and those a�sts would be Fart of the field o�sts. Gb�mcilman Schneider asked if the $78,000 includes someone orrsite during construction of this project. Mr. Christenson stated the $78,000 would include the project manager's time, but mt the orr-site superir�endent. Cb�cilman Schr�eider questioned the meaning of °reimburseable expenses". Mr. Christenaon stated these expenses would be the fee for an on-site engineer, clerical fees, and an on-site offioe. Ae stated these are referred to as getyeral expenae items. He stated th�y can be paid directly by the City to the vend�rs or the City can �ay the management oonsultant firm and they, in turn, va�uld Fay the vencbrs. mLINQLN�,1�T BILLINGS WI'Ifl]�tIIn1 HIS P'DTmN, WITH PERMISSION OF HIS SE�NDER., Q)tJNQLNg1N S�iI+]EI�ER -13- ' i I� _� �4� •! 1�: M y���� • ��!' �_'� �? 1�. Qureshi stated the management a�nsultant firm technique is fairly new an2 staff feels this ap�roach would pravide the best servioe for the City's neecl�. He felt the City Attorney should review the proposed agreanent an8 bring it back to the Gbtmcil at the ryext meeting. Mr. eil l, Publ ic Saf ety Di rector , stated sta f f ha s dev el ope d a goo d relationship with the architect and has a great deal of trust ifi what has been presented so far. Ae stated it is felt that a aonsttuction management firm, rather than a qeneral c�ntractor, to o�versee this p�roject is best for the City. Ae stated it is felt the oosts would be about the same for a general contractor or construction management firm, however, the oonstruction management fi=m is a�rofessional dealing with the a�ntractors on a regular basis and they w�uld take irYto a�nsideration the Ci.ty's a�noern about disruption of City business. Mr. Aill stated the construction managemerit firm is al�o aware of the shortage of parking and would guarantee a certain amount of �arking spaces and woulc7n't allaw any storage of materials on the site except on an "as needed" basis. NDTmN b,� Cb�mcilman Billings to authorize staff ta negotiate an agreement with Bossardt and Christens�n Q�rporation and brinq this agreement back at the ryext regular Cbimcil meeting. FL�rther, to authorize an expenc7iture not to e�oceed $5,000 for serviaes Bossarc� and Christenson would provide in the rext two week period. Sea�nded b� G'otmcilman Schneider. Up�n a voioe vote, a11 vating aye, Mayor Nee declared the mation aarried w�animous],y. �• � ; � • � • 4�.s_�I �� '� .Is _ � �1! ' '��.s_� Mr. �lora, Public Works Director, stated petitions have been received from FMC and the East River Road Busiress Investors rec�arding this irrtersection. He stated the Gbwzty has appraved the intersection improvements including permanent sic�al ization at Slst Way ancl East River Road. Mr. F7.ora stated in order to expedi.te the desigl work, it is neoessary £or the City, per the County Agreement, to design the permanent traffic sic�alization at the intersection. He stated Short-Elliott-Hendrickson has cbne most of the ��mty sicgialization c7esign and they are under oontract with the City for various intersections on Aighway 65. Ae stated staff would recommencl Council approve an amendment to the Short-Elliott-Hendrickson agreement to incorporate the design of this traffic sic�1a1 at East River Road and 51st Way for a aost npt to exceed $6,000. Mr. Flora stated the City mrmally pays half the a�st of the signal and FMC and East River Road Busiryess investors have agreec3 to �ay their mst of the im�,xavenent on 51st Way. N1�TION by CAUncilman Fitzpatrick to authorize the City to execute an agreenent with Short Elliott-Hendrickson to design the traffic signal at East River Road and 51st Way at a mst mt to exceed $6,000. Sevoncied by Councilwanan Jorgenson. Upon a voioe vote, all voting aye, Mayor Nee declared the motion aarried iu�animously. �_ � • ������� -14- � i� � �4M !• 1�. � ,�i?+�+�1 �. • ' �� ��4 �� 'I���� HDTION by Co�cilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee cl�eclared the motion carried unanimously and the Regular Meeting of the FYicIley Cp.ty Cb�cil of Ftearuary 8, 1988 adjourred at 10:10 p.m. Respectfully sutmitted, C`arole Haddad Willian J. Nee Secretary to the City Gbuncil I�yor Apprwed: -1�- THE AMERICAN INSTITUTE OF ARCHITECTS „- ����4��������% �_ I,G d � ,;c�?: �r�yy % ,-n,` � �� �{i.i^�t^=• C �inL, � ��n � � + AIA Document B801 Standard Form of Agreement Between Owner and Construction Manager 1980 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUlTAT10N WITH AN A7TORNEY IS ENCOURAGED. This document is intended to be used in conjunction with AIA Documents A101/CM, 1980; B141/CM,1980; and A201/CM, 1980. AGREEMENT made as of the 18th Hundred and Eighty-Eight BETWEEN the Owner: and the Construction Manager: For the following Project: day of February in the year of Nineteen CITY OF FRIDLEY 6431 University Avenue N.E. Fridley, Minnesota 55432 BOSSARDT CHRISTENSON CORPORATION 33 South Sixth Street, 2910 Multifoods Tower Minneapolis, Minnesota 55402 ll �Indude detailed description of Project location and scope ) FRIDLEY MUNICIPAL CENTER � ADDITIONS & REMODEL including remoc3el of the fire station & municipal building, a 12,000/SF addition, and a new two (2) level 98 car parking ramp; all at 6431 University Avenue N.E., Minneapolis the Architect: BOARMAN ARCHITECTS 206 First Street North The Owner and the Construction N�anagerpagree asMe��'or�h°�elow5402 Copyright 1973, O 1980, by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.G 20006. Reproduction of ihe material herein or substantial quotation of its pro�isions without written permission of the AIA viola�es the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B801 • O\1'NER-COti'STRUCTION MANAGER AGREEMENT • JUNE �980 EDITIOti • AIA'� gg01-1980 � �c 1980 • THE An1ERICAN INSTITUTE OF ARCHII ECTS, 1735 NE\1' YORK AVE., N.\�'., �k'ASHINGTOK, D.C. 20006 1A TERMS AND CONDITIONS OF AGREEMENT BETWEEN �� OWNER AND CONSTRUCTION MANAGER ARTICLE 1 CONSTRUCTION MANAGER'S SERVICES AND RESPONSIBILITIES The Construction Manager covenants with the Owner to further the interests of the Owner by furnishing the Con- struction Manager's skill and judgment in cooperation with, and in reliance upon, the services of an architect. The Construction Manager agrees to furnish business ad- ministration and management services and to perform in an expeditious and economical manner consistent with the interests of the Owner. BASIC SERVICES The Construct+on Manager's Basic Services co�sist of the two Phases described below and any other ser- vices included in Article 16 as Basic Services. �,� PRECONSTRUCTION PHASE 1.1.1 Provide preliminary evaluation of the program and Project budget requirements, each in terms of the other. With the Architect's assistance, prepare preliminary estimates of Construction Cost for early schematic designs based on area, volume or other standards. Assist the Owner and the Architect in achieving mutually agreed upon program and Project budget requirements and other design parameters. Provide cost evaluations of alternative materials and systems. 1.1.2 Review designs during their development. Advise on site use and improvements, selection of materials, building systems and equipment and methods of Project delivery. Provide recommendations on relative feasibility of construction methods, availability of materials and la- bor, time requirements for procurement, installation and construction, and factors related to cost including, but not limited to, costs of alternative designs or materials, pre- liminary budgets and possible economies. 1.1.3 Provide for the Architect's and the Owner's review and acceptance, and periodically update, a Project Sched- ule that coordinates and integrates the Construction Man- ager's services, the ArchitecYs services and the Owner's responsibilities with anticipated construction schedules. 1.1.4 Prepare for the Owner's approval a more detailed estimate of Construction Cost, as defined in Article 3, de- veloped by using estimating techniques which anticipate the various elements of the Project, and based on Sche- matic Design Documents prepared by the Architect. Up- date and refine this estimate periodically as the Architect prepares Design Development and Construction Docu- ments. Advise the Owner and the Architect if it appears that the Construction Cost may exceed the Project budget. Make recommendations for corrective action. 1.1.5 Coordinate Contract Documents by consulting with the Owner and the Architect regarding Drawings and Spe- cifications as they are being prepared, and recommending alternative solutions whenever design details affect con- struction feasibility, cost or schedules. 1.1.5.1 Provide recommendations and information to the Owner and the Architect regarding the assignment of re- sponsibilities for safety precautions and programs; tempo- rary Project facilities; and equipment, materials and ser- vices for common use of Contractors. Verify that the re- quirements and assignment of responsibilities are included in the proposed Contract Documents.� 1.1.5.2 Advise on the separation of the Project into Con- tracts for various categories of Work. Advise on the method to be used for selecting Contractors and awarding Con- tracts. If separate Contracts are to be awarded, review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the separate Contractors is coordinated, (2) all requirements for the Project have been assigned to the appropriate separate Contract, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction. 1.1.5.3 Develop a Project Construction Schedule provid- ing for all major elements such as phasing of construction and times of commencement and completion required of each separate Contractor. Provide the Project Construc- tion Schedule for each set of Bidding Documents. 1.1.5.4 Investigate and recommend a schedule for the Owner's purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the Architect. Expedite and coordinate de- livery of these purchases. 1.1.6 Provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical Phases. Make recommendations for actions designed to minimize adverse effects of labor shortages. 1.1.6.1 Identify or verify applicable requirements for equal employment opportunity prog�ams for inclusion in the proposed Contract Documents. 1.1.7 Make recommendations for pre-qualification cri- teria for Bidders and develop Bidders' interest in the Pro- ject. Establish bidding schedules. Assist the Architect in issuing Bidding Documents to Bidders. Conduct pre-bid conferences to familiarize Bidders with the Bidding Docu- ments and management techniques and with any special systems, materials or methods. Assist the Architect with the receipt of questions from Bidders, and with the issu- ance of Addenda. 1.1.7.1 With the Architect's assistance, receive Bids, pre- pare bid analyses and make recommendations to the Owner for award of Contracts or rejection of Bids. 1.1.8 With the Architect's assistance, conduct pre-award conferences with successful Bidders. Assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material sup- pliers proposed by Contractors. �,2 CONSTRUCTION PHASE The Construction Phase will commence with the award of the initial Construction Contract or pur- chase order and, together with the Construction Manager's obligation to provide Basic Services un- AIA DOCUMENT 8801 • OWNER-CONSTRUCTION MANAGER AGREEMENT • JUNE 7980 EDITION • AIA� p1980 � THE AMERICAN INSTITUTE OF ARCHITECTS, '1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 BSO� -�9SO Z : der this Agreement, will end 30 days after final 1.2.4 Re��iew the safety programs developed by each of payment to all Contractors is due. the Contractors as required by their Contract Documents 1.2.1 Unless othenvise provided in this Agreement and and coordinate the safety programs for the Project. incorporated in the Contract Documents, the Construc- 1.2.5 Assist in obtaining building permits and special tion Manager, in cooperation with the Architect, shall permits for permanent improvements, excluding permits provide administration of the Contracts for Construction required to be obtained directly by the various Contrac- as set forth below and in the 1980 Edition of AlA Doc- tors. Verify that the Owner has paid applicable fees and ument A201/CM, General Cond�tions of the Contract for assessments. Assist in obtaining approvals from authorities Construction, Construction Management Edition. having jurisdiction over the Project. 1,2.2 Provide administrative, management and related 7.2•6 li required, assist the Owner in�selecting and re- services as required to coordinate Work of the Contractors taining the professional services of surveyors, special con- with each other and with the activities and responsibilities sultants and testing laboratories. Coordinate their sen�ices. of the Construction Manager, the Owner and the Archi- 1.2.7 Determine in general that the Work of each Con- tect to complete the Project in accordance with the Own- tractor is being performed in accordance wilh the require- er's objectives for rost, time and quality. Provide sufficient ments of the Contract Documents. Endea�•or to guard the organization, personnel and management to carry out the O�vner against defects and deficiencies in the Work. As requirements of this Agreement. appropriate, require special inspection or testing, or make 1.2.2.1 Schedule and conduct pre-construction, construc- recommendations to the Architect regarding special in- tion and progress meetings to discuss such matters as pro- spection or testing, of Work not in accordance �vith the cedures, progress, problems and scheduling. Prepare and provisions of the Contract Documents �+�hether or not promptly distribute minutes. such Work be then fabricated, instalied or completed. Subject to review by the Architect, reject Work �vhich 1.2.2.2 Consistent with the Project Construction Sched- does not conform to the requirements of the Contract ule issued with the Bidding Documents, and utilizing the Documents. Contractors' Construction Schedules provided by the sepa- rate Contractors, update the Project Construction Sched- 1.2.7.1 The Construction �lanager shall not be responsi- ule incorporating the activities of Contractors on the ble for construction means, methods, techniques, se- Project, incfuding activity sequences and durations, allo- quences and procedures employed by Contractors in the cation of labor and materiats, processing of Shop Draw- performance of their Contracts, and shall not be responsi- ings, Product Data and Samples, and delivery of products ble for the failure of any Contractor to carry out Work in requiring long lead time procurement. Include the O��•n- accordance with the Contract Documents. er's occupancy requirements showing portions of the 1,2,8 Consutt ��ith the Architect and the Owner if any Project having occupancy priority. Update and reissue the Contractor requests interpretations of the meaning and Project Construction Schedule as required to show current intent of the Drawings and Specifications, and assist in the conditions and revisions req�ired by actual experience. resolution of questions which may arise. 1.2.2.3 Endeavor to achieve satisfactory performance �,Z,9 Receive Certificates of Insurance from the Con- from each of the Contractors. Recommend courses of tractors, and for�vard them to the O�+•ner with a copy to action to the Owner when requirements of a Contratt are the Architect. not being fulfilled, and the nonperforming party will not �,Z,�p Receive from the Contractors and review all Shop take satisfactory corrective action. Drawings, Product Data, Samples and other submittals. 1.2.3 Revise and refine the appro�•ed estimate of Con- Coordinate them with information contained in related struction Cost, incorporate approved changes as they oc- documents and transmit to the Architect those recom- cur, and develop cash flow reports and forecasts as needed. mended for approval. In collaboration with the Architect, 1.2.3.1 Provide regular monitoring of the approved esti- establish and implement procedures for expediting the mate of Construction Cost, showing actual costs for activi- processing and approval of Shop Drawings, Product Data, ties in progress and estimates for uncompleted tasks. Iden- Samples and other submittals. tify variances between actual and budgeted or estimated �,Z,�� Record the progress of the Project. Submit w•ritten costs, and advise the Owner and the Architect whenever progress reports to the Owner and the Architect i�cluding projected costs exceed budgets or estimates. information on each Contractor and each Contractor's 1.2.3.2 Maintain cost accounting records on authorized Work, as well as the entire Project, showing percentages Work performed under unit costs, additional Work per- of completion and the number and amounts of Change formed on the basis of actual costs of labor and materials, Orders. Keep a daily log containing a record of H�eather, or other Work requiri�g accounting records. Contractors' Work on the site, number of workers, Work 1.2.3.3 Recommend necessary or desirable changes to accomplished, problems encountered, and other similar the Architect and the Owner, review requests for changes, relevant data as the Owner may require. Make the log assist in negotiating Contractors' proposals, submit recom- available to the Owner and the Architect. mendations to the Architect and the Owner, and if they 1.2,11.1 Maintain at the Project site, on a current basis: are accepted, prepare and sign Change Orders for the a record copy of all Contracts, Drawings, Specifications, ArchitecYs signature and the O�vner's authorization. Addenda, Change Orders and other Modifications, in good 1.2.3.4 Develop and implement procedures for the re- order and marked to record all changes made during con- view and processing of Applications by Contractors for struction; Shop Drawings; Product Data; Samples; sub- progress and final payments. Make recommendations to mittals; purchases; materials; equipment; appticable hand- the Architect for certification to the Owner for payment. books; maintenance and operating manuals and instruc- AIA �OCUMENT ls01 • O�yNER-CONSTRUCTION A1A!vAGER AGREEMENT • JUNE 7980 EDITION • AIAs 3 6801 —1980 �1980 • THE AAIERICAtv I\STITUTE OF ARCHITECTS, '1'35 nE\ti' YORK AVE., N.W., �ti'ASHInGTOti, O.C. 20006 tions; other related documents and revisions which arise out of the Contracts or Work. Maintain records, in dupli- cate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. Make all records available to the Owner and the Archi- tect. At the completion of the Project, deliver all such records to the Architect for the Owner. 1.2.12 Arrange for delivery and storage, protection and security for Owner-purchased materials, systems and equipment which are a part of the Project, until such items are incorporated into the Project. 1.2.13 With the Architect and the Owner's maintenance personnel, observe the Contractors' checkout of utilities, operational systems and equipment for readiness and as- sist in their initial start-up and testing. 1.2.14 When the Construction Manager considers each Contractor's Work or a designated portion thereof sub- stantially complete, the Construction Manager shall pre- pare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construc- tion Manager shall assist the Architect in conducting in- spections. After the Architect certifies the Date of Substan- tial Completion of the Work, the Construction Manager shall coardinate the correction and completion ot the Work. 1.2.15 Assist the Architect in determining when the Proj- ect or a designated portion thereof is substantially com- plete. Prepare for the Architect a summary of the status of the Work of each Contractor, listing changes in the previ- ously issued Certificates of Substantial Completion of the Work and recommending the times within which Contrac- tors shall complete uncompleted items on their Certificate of Substantial Completion of the Work. 1.2.16 following the Architect's issuance of a Certificate of Substantial Completion of the Project or designated portion thereof, evaluate the completion of the Work of the Contractors and make recommendations to the Archi- tect when Work is ready for final inspection. Assist the Architect in conducting final inspections. Secure and trans- mit to the Owner required guarantees, affidavits, releases, bonds and waivers. Deliver all keys, manuals, record drawings and maintenance stocks to the Owner. 1.2.17 The extent of the duties, responsibilities and limi- tations of authority of the Construction Manager as a rep- resentative of the Owner during construction shall not be modified or exiended without the written consent of the Owner, the Contractors, the Architect and the Construc- ion Manager, which consent shall not be unreasonably withheld. �,3 ADDITIONAL SERVICES The following Additional Services shall be per- formed upon authorization in writing from the Owner and shall be paid for as provided in this Agreement. 1.3.1 Services related to investigations, appraisals or eval- uations of existing conditions, facilities or equipment, or verification of the accuracy of existing drawings or other information furnished by the Owner. 1.3.2 Services related to Owner-furnished furniture, fur- nishings and equipment which are not a part of the Project. 1,3.3 Services for tenant or rental spaces. 1.3.4 Consultation on replacement of Work damaged by fire or other cause during construction, and furnishing services in conjunction with the replacement of such Work. 1.3.5 Services made necessary by the default of a Con- tractor. 1.3.6 Preparing to serve or serving as a witness in con- nection with any public hearing, arbitration proceeding or legal proceeding. � 1.3.7 Recruiting or training maintenance personnel. 1.3.8 Inspections of, and services related to, the Project after the end of the Construction Phase. 1.3.9 Providing any other services not otherwise included in this Agreement. �,q TIME 1.4.1 The Construction Manager shall perform Basic and Additional Services as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Project. AR7ICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide fufl information regarding the requirements of the Project, including a program, which shall set forth ihe Owner's objectives, constraints and criteria, including space requirements and relation- ships, flexibility and expandability requirements, special equipment and systems and site requirements. 2.2 The Owner shall provide a budget for the Project, based on consultation with the Construction Manager and the Architect, which shall include contingencies for bid- ding, changes during construction and other costs which are the responsibility of the Owner. The Owner shall, at the request of the Construction Manager, provide a state- ment of funds available for the Project and their source. 2.3 The Owner shall designate a representative author- ized to act in the Owner's behalf with respect to the Project. The Owner, or such authorized representative, shall examine documents submitted by the Construction Manager and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of the Construction Manager's services. 2.4 The Owner shall retain an architect whose services, duties and responsibilities are described in the agreement between the Owner and the Architect, AIA Document 6141/CM, 1980 Edition. The Terms and Conditions of the Owner-Architect Agreement will be furnished to the Con- struction Manager, and will not be modified without writ- ten consent of the Construction Manager, which consent shall not be unreasonably withheld. Actions taken by the Architect as agent of the Owner shall be the acts of the Owner and the Construction Manager shall not be respon- sible for them. 2.5 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by (aw or the Contract Documents. 2.6 The Owner shall furnish such legal, accounting and insurance counseling services as may be necessary for the Project, including such auditing services as the Owner may require to verify the Project Applications for Payment AIA DOCUMENT BBO7 • O\1'NER-CONSTRUC710N MANAGER AGREEMENT • JUNE 1980 EDITIOM1! • AtA� C1980 • THE A,�IERICAN INSTITUTE OF ARCHITECTS, 'Ii35 NE\V YORK AVE., N.\1'., N'ASHINGTON, D.C. 20006 6801-1980 4 1C 1D or to ascertain how or for what purposes the Contractors have used the monies paid by or on behalf of the Owner. 2.7 The Owner shall furnish the Construction Manager a sufficient quantity of construction documents. 2.8 The services, information and reports required by Paragraphs 2.1 through 2.7, inclusive, shall be furnished at the Owner's expense, and the Construction Manager shall be entitled to rely upon their accuracy and completeness. 2.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project, or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Construction Manager and the Architect. 2.10 The Owner reserves the right to perform work re- lated to the Project with the Owner's own forces, and to award contracts in connect+on with the Project which are not part of the Construction Manager's responsibilities un- der this Agreement. The Construction Manager shall notify the Owner if any such independent action will in any way compromise the Construction Manager's ability to meet the Construction Manager's responsibilities under this Agreement. 2.11 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Construction Manager's services and the Work of the Con- tractors. ARTICLE 3 CONSTRUCTION COST 3.1 Construction Cost shall be the total of the final Con- tract Sums of all of the separate Contracts, actual Reim- bursable Costs relating to the Construction Phase as de- fined in Article 6, and the Construction Manager's com- pensation. 3.2 Construction Cost does not include the compensa- tion of the Architect and the Architect's consultants, the cost of the land, rights-of-�vay or other costs which are the responsibility of the O�vner as provided in Paragraphs 2.3 through 2.7, inclusive. 3.3 Evaluations of the O�vner's Project budget and cost estimates prepared by the Construction Manager represent the Construction Manager's best judgment as a profes- sional familiar �vith the construction industry. It is recog- nized, howe��er, that neither the Construction Manager nor the O�vner has control over the cost of labor, mate- rials or equipment, over Contractors' methods of de- termining Bid prices or other competitive bidding or ne- gotiating conditions. Accordingly, the Construction Man- ager cannot and does not �varrant or represent that Bids or negotiated prices �vill not ��ary from the Project budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construc- tion Manager. 3.4 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- paragraph �.�.1 or Paragraph 2.2, or otherwise, unless such fixed limit has been agreed upon in writing and signed by the parties to this Agreement. If such a fixed limit has been established, the Construction Manager shall include con- tingencies for design, bidding and price escalation, and shall consult with the Architect to determine what mate- rials, equipment, component systems and types of con- struction are to be included in the Contract Documents, to suggest reasonable adjustments in the scope of the Project, and to suggest alternate Bids in the Construction Documents to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be inueased in the amount of any increase in the Contract Sums occurring after the execution of the Contracts for Construction. 3.4.1 If Bids are not received within the time scheduled at the time the fixed limit of Constructton Cost was estab- lished, due to causes beyond the Construction Manager's control, any fixed limit of Construction Cost established as a condition of this Agreement shall be adjusted to re- flect any change in the general level of prices in the con- struction industry occurring between the originally sched- uled date and ihe date on which Bids are received. 3.4.2 If a fixed limit of Construciion Cost (adjusted as provided in Subparagraph 3.4.1) is exceeded by the sum of the lowest figures from bona fide Bids or negotiated proposals plus the Construction Manager's estimate of other elements of Construction Cost for the Project, the Owner shall (�) give written approval of an increase in such fixed limit, (2) authorize rebidding or renegotiation of the Project or portions of the Project within a reason- able time, (3) if the Project is abandoned, terminate in accordance with Paragraph 10.2, or (41 cooperate in revis- ing the scope and quality of the Work as required to re- duce the Construction Cost. In the case of item (4), the Construction Manager, ��ithout additional compensation, shall cooperate with the Architect as necessary to bring the Construction Cost within the fixed limit. ARTICLE 4 CONSTRUCTION SUPPORT ACTIVITIES 4.1 Construction support ac�ivitiec, if provided by the Construction Manager, shafl be go�•emed by separate contractual arrangements unless othenvise provided in Article 16. ARTICLE 5 DIRECT PERSONNEL EXPENSE 5.1 Direct Personnel Expense is defined as the direct sal- aries of all of the Construction Mana�er's personnel en- gaged on the Project, excluding those whose compensa- tion is included in the fee, and the portion of the cost of their mandatory and customary coniributions and benetits related thereto such as employment taxes and other statu- tory employee benefits, insurance, sick leave, holida��s, vacations, pensions, and similar contributions and bene- fits. ARTICLE 6 REIMBURSABLE COSTS 6.1 The term Reimbursable Costs shall mean costs nece�- sarily incurred in the proper performance of ser�ices and paid by the Construction Nlanager. Such costs shall be at rates not higher than the standard paid in the localitv of the Project, except �+�ith prior consent of the O�+•ner. Re- imbursable Costs and costs not to be reimbursed shall be listed in Article 16. AIA DOCUMENT 6a01 • O\1'�ER-CO�STRUCTIO� �1A�AGER AGREE�tEKT • Jl'�E 1980 EOITIO\ • AIAs $ BHOI — 1980 G1980 • 7HE Av1ERICA\ INSTITI;TE OF ARCHITECIS. 1"3i \E\� 1ORK AVE., X.�\'., �1.ASHI\GTO�, D.C. :LY)GL 6,2 Trade discounts, rebates and refunds, and returns from sale of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. ARTICLE 7 PAYMENTS TO THE CONSTRUCTION MANAGER 7,� PAYMENTS ON ACCOUNT Of BASIC SERVICES 7.1.1 An initial payment as set forth in Paragraph 15.1 is the minimum payment under this Agreement. 7.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase of Services, on the basis set forth in Article 15. 7.1.3 If and to the extent that the time initially estab- lished for the Construction Phase of the Project is ex- ceeded or extended through no fault of the Construction hlanager, compensation for Basic Services required for such extended period of Administration of the Construc- tion Contract shall be computed as set forth in Paragraph 15.3 for Additional Sen�ices. 7.1.4 When compensation is based on a percentage of the total of the Contract Sums of al! the separate Con- tracts, and any portions of the Project are deleted or otherwise not constructed, compensation for such por- tions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 15.2.1, based on (1) the lowest figures from bona fide Bids or negotiated proposals, or (2) if no such Bids or proposals are received, the most recent estimate of the total of the Contract Sums of all the separate Contracts for such portions of the Project. 7,2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE COSTS 7.2.1 Payments on account of the Construction Man- ager's Additional Services, as defined in Paragraph �.3, and for Reimbursable Costs, as defined in Article 16, shall be made monthly upon presentation of the Construction Manager's statement of sen�ices rendered or costs in- curred. 7,3 PAYMENTS WITHHELD 7.3.1 No deductions shall be made from the Construc- tion h1anager's compensation on account of penalty, liq- uidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in \'Vork other than those for which the Construction Man- ager is held legally liable. 7,4 PROJECT SUSPENStON OR ABANDONMENT 7.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Construction Manager shall be compensated for all services performed prior ro receipt of wri�4en notice from the Owner of such suspension or abandonment, together with Reimbursable Costs then due and all Termination Expenses as defined in Paragraph �0.4. If the Project is resumed after being suspended for more than three months, the Construction Manager's compensation shall be equitably adjusted. 7.4.2 If construction of the Project has started and is stopped by reason of circumstances not the fault of the Construction Manager, the Owner shall reimburse the Construction Manager for the costs of the Construction Manager's Project-site staff as provided for by this Agree- ment. The Construction Manager shall reduce the size of the Project-site staff after 30 days' delay, or sooner if feasible, for the remainder of the delay period as directed by the Owner and, during that period, the Owner shal! reimburse the Construction Manager for the costs of such sta "ff prior to reduction plus any relocation or employ- ment termination costs. Upon the termination of the stop- page, the Construction Manager shall provide the neces- sary Project-site staff as soon as practicable. ARTICLE 8 CONSTRUCTION MANAGER'S ACCOUNTING RECORDS 8.1 Records of Reimbursable Costs and costs pertaining to services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutu�lly convenient times. ARTICLE 9 ARBITRATION 9.1 All claims, disputes and other matters in question bet�veen the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Construction Manager, the Owner, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute con- sent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically en- forceable under the prevailing arbitration law. 9.2 Notice of demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association, and a copy shall also be filed with the Architect. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when insti- tution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 9.3 The a�vard rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party AIA DOCUMENT B801 • O1�'NER-CONSTRUCTION MANAGER AGREEMENT •)UNE 1980 EDITION • AU� 001980 � THE AMERICAN INSTITU7E OF ARCHlTECTS, 7735 NEW YORK AVE„ N,\1'., 1YASHINGTON, D.C. 20006 BBO� —1980 G 1E 1F fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least fourteen days' written notice to the Con- struction Manager in the event that the Project is perma- nently abandoned. 10.3 In the event of termination not the fault of the Construction Manager, the Construction Manager shall be compensated for all services performed to the termina- tion date together with Reimbursable Costs then due and all Termination Expenses. 10.4 Termination Expenses are defined as Reimbursable Costs directly attributable to termination for which the Construction Manager is not otherwise compensated. ARTIClE 11 MISCELLANEOUS PROVISIONS 11.1 Unless otherw�ise specified, this Agreement shall be governed by the law in eHect at the location of the Project. 11.2 Terms in this Agreement shall have the same mean- ing as those in the 1980 Edition of AIA Document A201/ CM, General Conditions of the Contract for Construction, Construct'ron Management Edrtion. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run, and any alleged cause of action shall be deemed to have accrued, in any and all events not later than the relevant Date of Substantial Completion of the Project, and as to any acts or failures to act occurring after the relevant Date of Substantial Comp�etion of the Project, not later than the date of issuance of the final Project Certificate for Payment. 11.4 The Owner and the Construction Manager waive all rights against each other, and against the contractors, consultants, agents and employees of the other, for dam- ages covered by any property insurance during construc- tion, as set forth in the 1980 Edition of AIA Document A201/CM, General Conditions of the Contract for Con- struction, Construction Management Edition. The Owner and the Construction Manager shall each require appro- priate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Construction Manager, respec- tively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agree- ment, and to the partners, successors, assigns and legal representatives of such other party �vith respect to all covenants of this Agreement. Neither the O���ner nor the Construction Manager shall assign, sublet or transfer any interest in this Agreement without thefvritten consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, represen- tations or agreements, either �•ritten or oral. This Agree- ment may be amended only by written instrument signed by both the O�vner and the Construction hlanager. 13.2 �othing contained herein shall be deemed to cre- ate any contractual relationship bet��•een the Construction Manager and the Architect or any of the Contractors, Sub- contractors or material suppliers on the Project; nor shali anything contained in this Agreement be deemed to give any third party any claim or right of action against ihe O�+•ner or the Construction Manager which does not othen►•i�e exist without regard to this Agreement. ARTICLE 14 INSURANCE 14.1 The Construction Manager shall purchase and maintain insurance for protection from claims under workers' or workmen's compensation acts; claims for damages because of bodily injury, including personal in- jun-, sickness, disease or death of any of the Construction Manager's employees or of any person; �q�¢gx}p�7[X�9G ic6o�axewckacowox�x�cic�4x�xxx�x�dxscxx�cxxx�f�oxx�e�e �" xX � �������M�������4�� R�x���� �max�cxnc�cccxc�ardc�c�nqoxa�axx�ci�rxnciaxi�xah�cx�omE x�kx�i�ckhaxx�€xz�h�g�i�x�� I4,� The Owner shall purchase anc3 maintain Builder's Risk Insurance until substantial cacnpletion ready for beneficial occupancy• AIA DOCUMENT �101 • OWNER•CONSTRUCTION MANAGER AGREEMEIVT •)UNE 1980 ED7TlON • AIAe 7 B801-1980 OO �980 • THE AMERIC.�N INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 1G ARTIClE 15 BASIS Of COMPENSATION The Owner shall compensate the Construction Manager for the Scope of Services provided, in atcordance with Article 7, Payments to the Construction Manager, and the otf�er Terms and Conditions of this Agreement, as follows: 15.1 AN fNITIAL PAYMENT of —0— dollars ($ —0— ) shall be made upon execu- tion of this Agreement and credited to the Owner's account as follows: 15.2 BASIC COMPENSATION 15.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 and 1.2, and any other services included in Article 16 as part of Basic Services, Basic Compensation shall be computed as follows: For Preconstruction Phase Services, compensation shall be: (Here insert basis o( compensaticn, induding (ixed amounts, multiples or percentagesJ See attached Exhibit "A" for Construction Phase Services, compensation shall be: (Here inser( basis ol compensa[ion, induding (ixed amounts, multiples or percentages.) See attached Exhibit "A" 15.3 COMPENSATION FOR ADDlTlONAL SERVICES 15.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER, as described in Paragraph 1.3, and any other --s"e�vices included in Article 16 as Additional Services, compensation shall be computed as follows: � (Here insert basis o( compensation, incfuding /ixed amounts, multiples or percentages.) See attached Exhibit "A" 15.4 fOR REIMBURSABLE COSTS, as described in Article 6 and Article 16, the actual costs incurred by the Construc- tion Manager in the interest of the Project. 15.5 Payments due the Construction Manager and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, ai the lega! rate prevailing at the principal place of business of the Construction Manager. (Here insert any rafe o/ inferes[ agreed upon.) (Usury laws and iequirements under the Federal 7ruth in Lending Act, 'similar state and local consumer aedit laws, and other regulations at the Owner's and Construction Manager's principal places o( business, the location ot the Project and elsewhere may a/fect the validity ol this provision. Specific legal advice should be obtained with respect to deletion, modification or other reyuirements such as written disclosures or waivers.) 15.6 The Owner and the Construction Manager agree in accordance with the Terms and Conditions of this Agree- ment that: 15.6.1 IF THE SCOPE o4 the Project or the Construction Manager's Services is changed materially, the amounts of com- pensation shall be equitably adjusted. 15.6.2 IF THE SERVICES covered by this Agreement have not been completed within � 10 � months of the date hereof, through no fault of the Construction Manager, the amounts of compensa- tion, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 6807 • O\VNER-CONSTRUCTION MANAGER AGREEMENT • JUNE 1980 EDITION • AIA� gg01 —1980 S p1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 ARTICLE 16 OTHER CONDITIONS OR SERVICES (List Reim6uwble Costs and costs not to be �eimbuned.) Modifications listed in attached Exhibit "B"� are '� herein made part of this Agreement. 7his Agreement entered into as of the day and year first written OWNER ti � 1H CITY OF FRIDLEY `� Ronald . hr'ste on� Presi nt William J. Nee Ma or 'cer AIA DOCUMENT !!Ol • UN��ER-Ct)�SiRUCTIt)'� �1A��(.FR AGRtLMftii • " � UITIUN . AU� Li19HU • tH[ ��+FRiC�ti ivSTIlU7E UF ARC►iiTECts. t'i; '�E\1' \<)RA �\'I .\\� \\"A�It�'��,1��� 1) C:�r!?' �� — 1980 9 � BXBIBIT 'A" ' Compensation for Construction Management Services provided during the Pre-Construction Phase and Constuction Phase of the Project Wou2d be provided at a fee of Seventy-Eight T�ousand Dollars ($78,000.00). This fee, combined with any reimbursable costs such as those listed below in the Reimbursable Expenses section, would be invoiced monthly as indicated, and would be due thirty (30) days thereafter. REIMBURSABLE EXPENSES Compensation for reimbursable expenses is in addition to the basic fee. A detailed budget of all reimbursable expenses has been prepared by the Construction Manager for the Owner's review and approval prior to the start of construction. Reimbursable expenses may include: On-Site Management: Cost of management personnel assigned to the on-site office, which may include but is not limited to the constructian Superintendent. Such personnel may be assigned and become reimbursable prior to the�actual start of construction. Cost of on-site personnel shall be reimbursed at Direct Personnel Expense. (Direct Personnel Expense includes cost of salaries and of mandatory and customary benefits, such as statutory employees benefits, insurance, pensions and similar benefits, and will be computed at 1.3 times the salary of the employee or 1.4 times the wages of union employees). The personnel required for on-site management shall be determined by the Construction Manager and approved by the Owner. On-Site Office: Cost of trailer, trailer sanitatic�n, utilities, mileage/vehicles, telephone, secretarial and off�ice equipment, postage and supp�ies. 11 CONDITIONS FOR PAYMENT 1J The lump sum fee for the project would be unaffected by variations betveen the estimate and the bida or by change orders during the Construction Phase unless the OWner initiate$ an increase in acope. In that event, a 3� fee would be applied to the additional construction cost caused by the increase in scope. The lump sum fee would then be distributed to the Construction Manager in ten (10) equal monthly payments based on the anticipated Pre-Construction and Construction schedule. Fee distribution will commence April l, 1988, and will end 10 months thereafter. BND OF B%BIBIT 'A" 1K ��rr B NDDIFICAT�kT 't0 AGREF.NENT BEIWEEIJ 'IIiE QTY OF FRILGEY & B06SARI7r CHR7S�ZENSQd OJRFORATIDN CR miVSIRUCTIDN I�+,NAGII�NT SF..RVI�S DATED FEBTdTARY 18, 1988 J The follawing modifications are herein made gart of the subject Agreenent. Article and Paragraph nunbers r�oted in this E�ibit refer to respective nunbers in the Agreenent. 1. Acid the folowing Paraqraph to Article 1, "1.2.18 If problens result from deficiencies in the work anytime after a�mptetion of the project, the Gbnstruction Manager will work to resolve or aorrect the deficiency. No additior�l anounts will be charged by the Construction N�nager for resolving or �ordirating efforts to wrrect the def iciency. 7bis obl igation will aontinue beyond the term of the o�ritract. It is tnc3erstood and agreed that any and all questions issued, ancl any oommunication that the City may have rec�rding any aspect of the work will be directed to the Cbnstruction Manager. " 2. Add the follawing to Raragraph 1.2.2.3, "The Construction Manaqer will request performance bonds fram individual wntractors as di.rected tr� the Owner. Bonds will be written such that the liability of the contractor and the security of the performanoe bond will mt be affected b� the fact that the Owner has hired a Cbnstruction Manager." 3. Delete ParagraFh 1.3.8 in its eritirety. ZY►e Cbnstruction N�nager will provide this servive as part of its' basic servioes. 4. Delete all but the first sentenoe of Paragraph 9.1. 5. Article 9 will be amended to provide that the provisions for arbitration shall only apply to claims, disputes or other matters which involve suns of less than $10,000. IIJD OF E�IBIT "B" � FOR CONCURRENCE BY THE CITY COUNCIL -- APPOINTMENTS ' FEB�ARY 22, 1986 r �i� � � � l\ �y_� � � `' � ��' � �/ �` ��. s ,s• �• � < <• : � �• •�s.��� •,�-r. �� L � ti �• v� : �;r s �• �� ��. �� 21/8 � �►� ' 'J _� ���� � � yl3iyf: � 4-1-88 Maynard Nielsen 7144 Riveniiew Terraoe (H.571-6608) (B.571-0761) 4-1-90 4-1-88 4-1-88 4-1-88 Vaoant - Gleri DnugZas Resic�ed 10/26/87 Dick Storla 7548 Alden Way ( H. 571-67 Z6 ) Ec�aard Raspszak 1317 Hillcrest Drive (A.571-0441) (B.339-0549) Barbara Hughes 548 Rive Creek Terraoe (H.571-6182) (B.224-4901) �► PLANNING DIVISION �� MEMORANDUM unoF fRlDLEY � Z�: Jim imbinson, Plamr►ing Coordinator FROM: Rathlyn Castle, Planning Assistant'�� �'E: February 16, 1988 SUBJECT: Reoonsideratim of Lot Sglit 86-06, 6076 iebody Lane, Lot 7• Block 2, More Lake Hills At this time, the petitia�er, D�nna Lind is requesting a three month extension of the Lat Split. This request was originally approved by City Council on October 6, 1986 with four stipulatians. Staff suggests approval of the Lot Sglit with the revised stipulations: L New struct ure to meet City Code f or f rorit yaz d se tback av er age, 61 f eet glus or minus 6 fee� 2. Fence and shed to be relocated prior to recording. This has been �mpleted. 3. �ark F�ee of $750.00 required with building permi� 4. Lot Spl it to be rewrded at Cointy within three months (May 22. 1988) of O�incil apprwal. !�t-88-36 Jim Robinson City of FYidley 6431 University Avenue FYidley, MN 55432 Dear Mr. Robinson, 3A February 1, 1988 I would like to resubmit my proposal for a lot split at 6076 Woody Lane. The original lot split was granted October 6, 1986. I misunderstood the recording procedures and did not register the split with the county within six rn�nths after the City of Fridley granted the lot split. I'm sorry if this has caused any inconvience. You were so helpful when I applied for the split which I am very grateful for. Sincerely, �l �-� �. � „� . . �- ,.�.-,.-, � ;_ � � �� �', �: � _ �� � �.�- 1 i , ��' [�."�LiC ��±.� . /r' _ t--� � � C", ,� �- �i�-� � `� J -i i �' �� �/--� cC..-L-C /1-(' � ; �=._ � / �� / A L �;�rr , L.S. #86-06 � Donna Lind � � � , .� � j O% � �, 1 I �L� �.4~.. 15 !ar islr.�el. sf. /��r!s: So So 21 ��. �vro4oY -�� � • ' q- 1 ``t' f`' � �f r a ~�. ��+F` �I.7 �� 0 • �����' lV//4 ER �_ � �,�- , � ` ��� �,�� `a� � , x �� v ' _ I' _" "' �G .� _ � ^ • r � ■ ti E � . � - M.C. i2 _ - �c.P iy a. ��a3. o��- . ; , : i `° � , .� 4 �� � h - 1J� . ._ � � e� �t � r�y 5 ''` , `' �►` ,i tlin "�,' � �, �1�, � t VS _� La�sri' L'.vslti.C'fion •''i. 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' "s.� � , . . , +.' � �,� � e Pr � � :. � ' �' .. - , � -� �' � � � � /t�EL � � N '� C ,• y 3 :., ,�y y t. ; �,� � _ �' � • � �;: ��j3 •' ;!• !fl . ; � '�� v '- �,, �!`'`� � �` r ; �� ;• � � �' •�� Y�:�� � .� ,� .� � t� ;s_- �- AROE / .�, r � � •4 �r i�5�' � �Ar%�wMr+F..s . •rii� AY��' i � � `_ � � � � � +° (i� � %� /�,� �'� (/i� S , V . ,� s, ; .�', .� � `IM) ' , � �%� E''�r� � �j '/�'�Q� , `. � z i p '1. (n) � �c t = f'� 1 ' � ` �, , ► �"� � _ _ � ?� ��_� . . ,_., v � � . . i ? - ,-� _ ,- -• � � !.A �1 . � usuwe�M (�� «o�aEEw�wo ------- - - - _ _ -----_ �►s7�— = = �uc - � - -- "--------. __ �� � •.t�V � l.uwd �YhI��V � la� �'.an+u�� � � _ .. ► �! �qa� f..� n . ��� � ��vt T �; Mam U!I�ce 411 OObb y ' �� p�1r, HµhNJ� ho G4 h F . . .... � , w.�. �.}; �? - -- - - -- ���.. . �,,,�, ;. ��, w�ti � ' v, .�.r g..r•�a �' M.n�..x u bS)Jl ��Certificate oi Survey ior f.�V /y/r� �//v� ,�. � � � K�� S C c1 � C= ( -.� .` O �� ;GnVtGS � �r;., m�.,v.v+�^* „ �,.,^, . �,,,:,. � - �, �, �, �v V - �v PARCEb A That part of Lot 7, Block 2. Moore Lake Hills, Anoka County, Minnesota. lying Southeasterly of a line described as follows: Commencing at the Northwesterly corner of said lot; thence Eaeterly, along the Northerly line of said lot, 125.00 feet to the actual point of beginning; ther.ce Southerly to a point on the Southerly line of said lot, distant 125.00 feet Easterly of the Southwe�t corner and there terminating. Subject to easesaents. if any. PARCEL B ! That part of Lot �orBhvesterlM�ofeaLlineHdescribedkasCounty,! Minnesota, Lying y � folloWS: Coraaencir.g at the northwesterly Iineeof�saidilot, lot; thence Easterly, along the northerly � 125.00 feet to the actual point of beginning; thence Sontherly to a point on the Southerly li:�e of said lot, � diatant 125.00 feet Easterly of the Southwest corner and ' there terminating. Subject to easements, if any. 1 h�r�b� ����i/r ehat fhii is o�ru• end co.•�c� •�p•�s�nterion o� e s�rv�y ef ♦h• bovndari�s e1 th• obo.• d��crib�d lond, and e1 t�• leca�ien of oll b��id�np+, N��r�en, ond otl .���b�• •ncroaihn+�n�s� i/ o�r. Irom or o^ ' • ' 1 c' :.r •.O. 10•� �oid Iond •� surv�r�d er �+• �i�i�'- de� �f SU6URlAN iN�a�NEE�tt�[G, IHC. [n�in��r� S�r•�ror� - - �; sr " --- " L �^ ,: �:- , .��. v� ,, 5ti•••• a; F:, _^ � Pesrrved f---- L� 4M • �; �� �}� : ���r �. .. �i� • , v��i�# �. �+�:_:. �: �+ � : �� �;;u �• Chairperson Betzo].d called the February 10, 1988, Planning Commission meeting to order at 7: 32 F. m ROLti CALL: MPmbers Present: Donald Betzold, D�avid Rondrick, Dean Saba, P1ex Barna, Maynard Nielsen (for Mr. 9vanda). Stie Sherek (arr. 8: 00 p. m) Menbers Abser►t : Norye Others Present: Jim Imbinson, Planning Coordinator Jock Robertson, �ity Developnent Director Steve Bill i.ngs, City Co�cil Greg & Nancy Aspro�th, 12748 Manroe St. N. E. Sarah Harder, 2822 Leyland Trail► Woodbury Tcm & Marge Bricl�er 6230 iiighway 65 Rick Brickner, 1233 - 12th Ave. DL W. , New Bri�ton Will ia¢n & Ann Costello, 1623 Gardena Ave. N. E. James Tiller, representing Mr. & Mrs. �stello Roger Ettel, 1641 Gardena Ave. N. E. CY�arles C�mpbell, representing Mr. Ettel (See attached lisE� . . . ;• h • l; ►. !; :� ' ' ; ���� �. ���lu • ► u �, � �,Q�Qi� by Mr. IGondrick, seoondecl by Mr. Barna, to approve the January 27, 1988, Planning Co�nission minutes as written LTPON A VOI� VO:CE, ALL VUPING AYE, CE�AIFtF'ERSC�T BETZCGD DEQ.ARID THE NIOTION Q�P,RIED UNANIrY�US[,Y. 1. pUBLIC HEARING• �111SIDERnTTnN nF A�T.c�7Ai jj�F. vFt�t�, SP �88-02. BY GREG �� Per Sec�io�n 205.17.01. G 4 of the Fridley City Coc3e to allow a bill iard and an arcade; per Section 205.17.01. C. 3 of the Fridley City Code to allow a snack bar, all on Lot 4, 5, and 6, Block 1, Pac�o Industrial Park, the same being 7178 University Avent�e N. E. M�I9�J by Mr. Kondrick, seaonded by Mr. Nie.lsen, to waive the reading of the public hearing notice and to open the public hearing. UF�N A VOICE VCTI'E, ALL VOI'ING AYE, CHAIl2PERSCN BETZCLD DECLARID THE MOTION (��RRIED UI�INIl�U3�Y, AI�ID THE PUBLIC HEARIlS � AT 7: 35 P. M. Mr. Robinson stated this special use permit was to allaw a billiard hall and arcade with a snack bar in the Rioe Creek Business Centsr. This proposal was made possiiale tyy a reoent ordinanoe change appraved by the City Council -1- . .�., . .•..�..� �. .,ia�� , � : ;� : ;. , . . �-: - - -- in Decesnber 1987, publ ishecl in January, and which took ef f ect a coupl e of weeks ago. �e ordinanoe change made it allawabte to have commercial uses including restaurants and recreational-type uses in irx�.istrial zones. This is the first request to be prooessed tsider the revised ordinanoe. Mr. Robinson stated the Rive Creek Business Cer►ter was located just east of Conmerce Circle East and south of 73rd Avenue. The property was zoned lic,�t inaiastrial located just south of the U. S. 9wim & Fitness facility which is a wmanercia� zone and was surro�ded on the west by ather light industrial- type ixiildings. The Rioe Creek Business Center was a multi-tenant buiZding consisting of a large number of different office, commercial, and quasi-comonercial uses. Mr. Robinson stated the billiard hall and arcade would be located in the e�rsne rartheast �rner o� the luilding. �e two suites �mbined was 5,186 sq. ft. � floor area. �he petitioners have sutmitted a site plan for the develognent which included the p�teritial for 16 pool tables. Also incl uded was an arcade area. 7�eir request was for five video games. In addition, there was a snall snack tx�r area adjaoent to the seating area where they are proposing to have eight taYales, four chairs each, for a total of 32 seats. Mr. Robinson stated staff has had a niunber of ooncerns relating to this rea,uest, and some c� these oonoerns have been resolved. Mr. �binson stated that because it was a multi-tenant building with a vombination of offioe and oomnercial uses, the parking situation changes on a regular basis with tenant changes. The building does have a great cieal af oommercial tenancy. The billiard hall by itself would require 35 stalls with the majority being o�nsidered as oomnercial space. That would bring the total parking requirenent to 125 stalls. There are 166 stalls presently at the facility so this would leave a balanoe of 41 stalls. Mr. Robinson stated the building was �nder a lease/share agreement with U. S. 9wim & Fitness for parking on the most northerly row of parking after 5: 00 p. m and on weekends. Mr. Robinson stated he has worked out a plan with the building Leasing Aoent, Ms. Sarah Harder, who was at the meeting. With the billiard hall addition, there would be 34 additional commercial spaces and one office spaoe for a total of 35 spaoes, bringing the total requirement for leased sgaoe to 125 spaves. The prograQ►nning for the renaining vacant Epace would be for office anc3 warehouse and no aorrcnercial for the rest of the building which would bring the parking to a total of 166 spaces. There was a stipulation that addressed the parking situation. Mr. Robinson stated the seoond major concern was raised by the Pol ice Department dealing with the possibility of misconduct by jweniles and adults. Based on past experienve in the city and other cities, there was the concern that the glaoe would be used for loitering of jweniles which oould lead to drinking in the �xirking lot. This has been experienced by past billiard halls in the City of Fridley. However, there were also good ex�iples aroimd the area o� billiard halls that are well managed anc] where -2- 4A . � i \�\� 1. �.� V�11 � \ V�.�7% \. ����� �i �� � there are none of these problesns. An example was CR Billiards in Coon Rapids. Mr. Robinson stated staff was re�nending the follvwing stipc�lations which had been put together by both the Camm�nity Developne.nt Department and the Fblioe Degartment: 1. Arcade will be limited to three games. (Mr. Robinson stated the reason for this stipulation was that an additional arcade feature would be an attractive nuisanoe in terms of catering more to the jweni].e crawd which, they belicve, o�uld cause some protxlens. ) 2. Limit seating to 20 seats in lamge area. (Mr. R�binson stated this also would help prevexit the p�ssibil ity of loitering. ) 3. Busir�ess to close at 1: 00 a, m except on Thursday, Friday, and Saturday when 2: 00 a m wnuld be allawed. 4. Security lights for entire parking lat (approved by staff) to be installed prior to opening. 5. Busiress will sic� and enforoe curfew for minors. 6. Business will prwide two adults on staff during evening hours fran 6: 00 p, m to closing. 7. Business operators to patrol parking lat and manage its misuse. 8. Tournament and/or league play will not be prograQ►4nec� during regular weekday business hours. 9. No ala�hol ic beverages will be served or allawed on prenises. 10. Developnent owrber will acoept limitations on occupancy of renaining vacant space should parking shortages result. 11. S�ecial use permit to be reviewed by Council on JLme 20, 1988, or sooner if City determines there is a manage�nent problan which requires further restrictions or renwal. Mr. Betzold stated that right now U. S. Staim & Fitness does use that rlorthern row of parking area. Wfould the parking sitcaation be even tighter now with this billiard hall aperation? Mr. R�binson stated that was one of staff's ooncerns also. However U. S. S�aim & Fitness is only allowed to use that parking after hours and on weekends. The petitioner anticipates that the lion's share of the business for the billiard hall will be in th evening hours, s� it would not seem to werlap with the ather builcling's business needs for parking spaces. Most of the businesses close by 6: 00 p. m. -3- � ' : ►i�i ►. !� ��v �,► 41�IylM �. _ ���.:t �: :� � � ' •� Mr. Barna stated he questioned stipulation #6: "Busir�ess will provide two a�lts o� staff c�iring evening hours fran 6:00 p.m to closing." What about adult supervision during the day? Mr. Robinson stated the main wnoern was that during the after-scfiool hours and evenings, there would be adequate supervision if problens should arise. Mr. &zrna cited the examgle of the o�rner grooery store that has an arcade located in it and that hires teenagers who are out of scho6l to work. Sanetimes things can get out o� hand without an adult preserit. He stated he felt ther� should be one ad�lt in the billiard hall at all times, especially during the su�nertime, on vacation days, hol idays, etc. Mr. Saba asked why the hours had been extended to 2: 00 a. m on weekends, instead of 1:00 as previously reoom�►er�ed by staff. Mr. Robinson stated the petitioner feels that in order to make the business financially feasible, he needs the extra hour of operation. He will be catering not only to people who �se U. S. 9wim & Fitness, hut also to seo�nd shift workers wY� might war� to play pool �ter work. Mr. Robinson stated there is a billiard hall in Coon Rapids located in the shopping oeriter across Highway 47 fran Northtawn called C. R Billiards. He stated a permit was recently granted by the Coon Rapids City Council to allaw than to c�perate ta�til 2; 00 a. m Because the business has been handled in such a good manner, the awr�er has more reoently been granted permission to operate �mtil 4: 00 a. m , Mr. Robinson stated staff feels that as along as there is the power to review the special use permit, if there are any problems, the City has enou� insuranoe to manage the sit�ation. Because this billiard hall is in a clistrict apart from residential, staff ieels the chances for causing problans to the neic�bors were minimized; and if there are any problems relating to any criminal activity, the City will oertainly )azow abQUt it and can take the appropriate action at that time. The petitianer was aware that if the business was not managed properly, he will lose his pern►it. Mr. Barna stated that if the billiard hall was located in a bowling alley or an area where it was zoned properly, would there be any restrictions on hour s? Mr. Robinson stated he did not believe there were any restrictions on hours in the proper zoning. Mr. Greg Asproth stated stated a lot of the Planning Comanission's questions and oonoerns se�n to be regarding the hours of operation and any problems that oould cause. He had checked with the Coon Rapids Pol ice Degartment, the Fridley Fire Departraent, and the Spring Lake Park Polioe De�rtme.nt. He has fo�d that the Sgring Lake Park Polioe Department has had no probleqns with a billiard hall called DOTS, and it is open �mtil 2: 00 a. m C. R Bill iardS in Coon Rapids has been grarited permission to be open cmtil 4: 00 a. m because of its good reo�rd. He stated that everyone he has tal ked to -4- I ' i \�\� �, ��.V�V �i\ V���M \. �I'�• 1�..e 1� � � 1� has said that manageznent is the most important thing. If they have good management and ruz a clean operation, .they can avoid those kinds of prohtans and keep people out who mic�t catLSe prokal.ens. He stated their goal is to rin a clean operaton. �ey want to sicyi a long lease, so it was in their best iriterest to manage the business well. Mr. Betzold asked Mr. Asproth if he had any problens with the stipulations as outl irued by staff. , Mr. A�grath referred to stipulation #6 regarding two adults on staff during the evening hours frcm 6: 00 p. m to closing. He stated that during the beginning of the week, Monday-Tuesday-Wednesday, there is not nearly the n�unber of people as there is on the weekends. Acoording to their plan, the arcade area will be close to the desk so they can keep an eye on it. They also have a two-way mirror so when they are in the office, they can also see what is going on in the arcacie area. During the ea.rly part of the week, they do not need two peogle al staff at all times. However, they do want two adults on staff on the weekeruis. Mr. Asprath stated he would agree to always having one adult on staff. He felt one adult was needed for every 25 people; but if there are more people than that, they would need another adul� At noon and during the st,a�nertime wh�en there is not much busir�ess, there was not much sense in having too many peogle on staff. Mr. Asprath referred to stipulation #1 regarding the arcade being limited to three c�-ames. Iie stated he as learned f rcm other bill iard hall operations tr�at there is usually a waiting list for tables; and in order to get people to stay and wait for a pool takale, they need something for th�n to do. He believed that by having video games, that would keep people around until tables opened up. Mr. 1�proth stated that regarding parking, they have checked with other bill iard halls to f ind out how other businesses are doing. At C. R. Bill iarcls, they observed that on a Friday niyht at 9: 00 p. m, there were 25 cars, so he did not antici�te a big garking probler► because his business woul d k�e snall er than G R Bil l iards. �li b� Mr. Saba, se�nded by Mr. Barna, to close the public hearing. UPON A VOI� VOl'E, ALL V�ING AYE, Q3AIRPERSCN BEI'ZCLD DECLARED THE PUBLIC HFARIIJG Q,C�ED AT 6: OQ P. M. (Ms. Sfierek arrived at 8: 00 p. m) Mr. Kcmdrick asked the reason f or the 1 imitation to three games in the arcade area. Mr. �binson stated that in the letter written by the petitioner (paqe I-H of the agenda), Mr. & Mrs. Asproth expressed their desire to have a top notch bill iard hall where there would be tournamerits and 1 eague pl ay. Mr. Robinson stated that so�mded great, but staff was �ncerned that the arcade -5- � • ; �i�i ►. �� ��„ �,► „��+� �. � ::. !: ;+ � : :� and the large seating area (also part of the proposal) would be an attractive place for juveniles to come and loiter, and there could be problens associated with that. The petitioner peroeived the arcade games as being availaYale for people who are waiting to play pool. Staff would 1 ike to limit the arcade to three ga�nes. Originally, staff had reoommended no c�ies at all. Mr. R�binson stated that when the special use germit is reviewey�, they can look at this again, along with the hours of operation. Mr. Fietzald stated that regarding the aonoern of having two adults on staff in the evening hours during the early part of the week, if the Pol ice Dep�rtment was o�noerned about this, they oould express that apinion to the City Co�cil. Mr. Barna stated he wonc3ered why they w�ere thinking there were g�ing to be a lat of jweniles in this bill iard hall. It will draw people f rom U. S. Swim & Fitness, and in the sumn►er it will draw people f rom the summer softb�all leagues at the Goatmta�ity Park. Most of these people are g�aing to be adults. He did not thi.nk there was going to be that much trouble with jweniles as it was far frcm the residential areas and not as acoessible to juveniles. He stated maybe they are werdoing the trial period. Why don't they be more loose with the restrictions row regarding the ntm►ber of arcade aames, staf f ing, etc. , and then when they rev iew the spe ci al use perm it on J�ne 20, they can look at these things and see haw it is going. Mr. Robinson stated staff was certainly hoping there would not be those gro�ilgr,s; however, they do not feel they should allow the permit to go without these restrictions. Atl these stipulations were gone over carefully by both the Com¢nu7ity Develapnerit Departinent and the Pol ice De�xirtrnent. Mr. Betzold stated he felt they hacve to be cautious in the beginning. They do not want to allaw so many things that they are hard to take back af ter the trial period. Mr. Sak� sugaested they have more than one review date, such as one year f ran rbw in addition to the Jtme 20 date. Things do change with seasons, and four months might rot be enou� time to really see how the business is doing. Mr. Robinson stated that, oriqinally, they had a six month review, but the petitioner w�nted time to c�ome back for more arcade games or more seating and perhaps additional hours. So, they decided to cp with an earlier rc�iew date. The Com¢nission �uld add another review date on June 20 when this special use permit is reviewed for the first time. �';�SQN by Mr. Kondrick, sev�nded by Mr. Barna, to remr�snend to City Council appraval of �ecial Use Permit, SP #88-02, by Greg Asproth, per Section 205.17.01. G 4 of the Fridley City Code to allow a bill iard and an arcade; per Section 205.17.01. G 3 of the Fridley City Code to allaw a snack bar, all on Lot 4, 5, and 6, B].ock 1, Paoo Industrial Park, the same being 7178 University Avenue N. E. , with the follawing stipulations: -6- . . �.. u ..i,.r � . �I�1?1 �. ��: :�. r; ;� i ' '� 7�f`1•1�11����--'� - l. AiC3C12 Wlll �2 1]lil1�2C1 t0 �'li� C�dICl2S. 2. Limit seating to 20 eeats in lo�ge area. 3. B�siness to close at 1:00 am, ex+cept on Thursday,. Friday, and Saturday when 2:00 will be allawed. 4. Security lic�ts for entire parking lot (apprwed by staff) to be installed prior to opening. 5. Busir�ess will sigz and enforoe curfew for minors. 6. Busir�ess will prwide one ac�ult on staff at all times when the business is open. 7. Business operators to patrol parking lat and manage its n�isuse. 8. Tournament and/or league play will mt be prograamied durinq regular weekday business hours. 9. l�b alwholic beverages will be served or allawed on preni.ses. 10. Develognent o�wrier will acoept limitations on occupancy of renaining vacant spaoe should parking shortages resul� 11. S�ecial use permit to be reviewed i7y �Lmcil on J�ne 20, I988, or sooner if City determines there is a manac�mient proW.em which requires further restrictions or renwal. IJPON A VOICE VOI'E, .ALL VUrING AYE� CHAIltPERSCN BEi'ZQ,D DEQ�ARED THE 1►YJTION (�RRIED UI�1NI1►�XJSi,Y. 2. pr�r r� j��uTNG• ODI�IDERATION OF A PRELIMII� PLAT� P. S. $87-07, HEATHER O�T(S, BY B�RTQtI�}t $jJTLFR�, T1�� ; Q'A$j,ID ILIBI�I) Being a zeplat of Lot 16, except the East 33 feet, Auditor's Subdivision No. 92, and Outlat A, Ao�rn Hills Addition, and that part of Lot 14, Auditor's Subdivision No. 92, which lies East o� the West 165 feet thereof, except the East 30 feet of said Lot 14, all generally located at 5980 Stinson Boulevard N. E. �Q,� by Mr. Saba, seaonded by Ms. Sherek, to remove �his item from the table. UPON A VOI� VC1I'E, ALL VClrING AYE, Q�A.SRPERSCN BEr'LCLD DEQ�ARED THE MOTION CARRIED U1�NIHt�U3�Y. : �� 3. PilF3T,T[` t�F:ARTTi�� apISSIDERATION OF A PRELIMII�,RY PLAT, P. S. #87-07. HEATHER OAKS. BY BRIQCI�R BLT�IDERS. II�.: Being a replat of Lot 16, except the East 33 feet, Auditor's Subdivision No. 92, and Outlat A, Aoorn Hills Addition, and that part of Lot 14, Auditor's Subdivision No. 92, which lies East o� the West 165 feet thereof, and Lot 25, Auditor's Subdivision No. 92, except the southerly 150 feet including a ri�t- af-way, and all that part of Lot 24, Auditor's Subdivision No. 92, except the south 150 feet of the east 80 feet of said Lot 24, including a ri�t-of-hray, all generally located at 5980 Stinson Boulevard N. E. -7- L�;� ... ' : ���� �. •!„W •,� �i �f .. �i�:.:� !: N 1 . . �Q� By Mr. Itondrick, eeoonded by Ms. Sherek, to waive the reacling of the puhlic hearing notioe and open the public hearing. LTPON A VOI� VQI'E, ALL VOPING AYEr CH�2PERSCN BETZCZ'D DECZARED THE F1(JTION C�2R7ED UI�3NIN1�U3,Y AND THE PUBLIC HEARING OPEN Pfr 8:10 P. M. Mr. �binson stated that on Nwenber 18, 1987, a public hearing was held to discuss this glat which at that time included 12 lots. At that time, the Planning Conunission and staff saw there were ather properties not included in the plat which a�uld benef it f rocn the developnent and could use road access. The Planning Ccxnmission directed staff and the petitioner to try to work out agreenents with the ather awr�ers of these vacar�t properties in the platting. Sinoe then, there have been rnunerous discussions and meetings with the p�rties involved: Tom Brickner, Roger Ettel, and Willia�n �stello. Mr. RQbinson stated that at this poir�t, he believed they have the makings of an aqr eanent f or at least a 14 lot pl at. Mr. Robinson reviewed the 12 lat plat and the 14 lat plat. N'�r. imbinson stated that at the Novenber meeting, staff did shaw that there was a possibil ity of ir.cluding road acoess to both the Costello and Ettel properties which would bring the tata]. lots to 15 new lots; actually, 17 lots if the Ettel and Costello portions with existing houses were included. N'�r. Robinson stated that subsequent to the November 1987 meeting, Mr. Brickner anci �Ir. Ettel were unable to come to an agreement that was satisfactory to both garties. Mr. Brickner has subqnitted a plat which included 14 lots, including the Costello portion, a 3/4 cul-de-sac, with the potential for a full cul-de- sac when the Ettel property is glatted. Mr. Robinson stated that at this time, staff would reoorranend apprwal of the 14 lat ptat and not the 12 lot glat, because the 12 lot plat did not prwi:de for oomprehensive develognent of the property. If the 14 lot plat was approved, staff feels it is neoessary for the city to build the street and put in the utilities so there is only one oontractor involved. This would el iminate the o�nf usion and oomglexities of Yuilding util ities and road with t�ro �ntractors. Mr. Robinson stated staff was reo�rmnending the follawing stipulations: 1. Developer agrees to city desic� and oonstruction of full cul-de-sac and utilities �o facilitate 16 lats. Costs of which to be assessed against the properties (L16 of total street oost for ea.ch lot accessing street and 1/15 of total utilities wst for oach new lot serviaed by �ilities - ap�rtiorunents include Ettel plat). 2. Developer to sutrnit a preliminary plat with dimensions, lat area, calculations, and easements prior to CoLmcil public hearing. 3. Developer to sulmit a storn� drainage plan prior to Coimcil publ ic hearing. � 4G 4H � i ..,,',, •1, �i�+� �. ��+:.:�. !: ;+ � ' ' :��I \. 4. Plat to be desigied so as to prwide for a full cul-de-sac with the addition of the Ettel pla� 5. Storm sewer assessnents to be paid upon glat appraval. 6. Park fees of $1,500 per lat to be paid with each building permit. Mr. Robinson stated that �ncier this soenario, he would anticipate that Mr. Ettel would proceed to desic� a preliminary plat for his pfoperty and prooess it through the Planning Conmission and City Cot�cil, and then in the spring the City would construct the full cul-de-sac and utilities and distribute the assessnents as outlir�ed. Mr. Robinson stated Mr. Brickner was not in agreement with the City oonstructing the road and utilities. Mr. Briclu�er feels he can save costs by doing it him9elf. Mr. Zbm Brickner stated he felt the original 12 lot plat was a good plat. �e oost of the developnent was v�nsiderably less per lat. Zi�e snallest lot in that glat was 10,000 sq. ft. , and the largest lot was 11,900 sq. ft. They were very nice lots, not abutting older hoqnes, that would be more desirable and more valuable. Then, staff decided that would not be in the best interest of everyone vonoerned. By d�ing away with the bending of the bending of the street, their c�sts have gone up oonsideraaly per lot. They have to forfeit some land to provide access to the Costello and Ettel properties. He already had the bic� in to do the work himself, and now if the City cbes the road and utilities, it will cost him $30,000 more plus interest. rir. Brickner stated he had oontracts to purchase all the land except the Ettel land. So, he had control of 14 of the 16 lots at this time. It appeared that Mr. Ettel was going to ooritrol his plat. Mr. Briclaler stated they have the bulk of the property but are paying a terrikale prioe for being the leader in this project. They are paying the prioe by having smaller, less valuahle lots. They are Faying the price by beina forced irrto letting the City d� the road and util ities when he would prefer to do it himself. He can do it considerably cheaper, and he had al ready arranged to cb tha� Mr. Brickner stated the new lats created are next to the Ettel home which was built in the early 1940's. They hope to build 5140, 000 ho�nes, but now the lots on the east side will be of less value. He stated he did try to work some kind of agreement with Mr. Ettel but was unable to do so. He stated he objected to all six stipulations. Mr. Brickner stated he had a contract with the Costello's and would be will ing to go for the 14 lot glat, even though the develognent wst w*ould be more. He stated he was the leader in this project and had pravi3ed all the f�ci5 and g�tten the ball rolling. Mr. Ettel was only gaying a snall share of what his portion should be, . and Mr. Brickner did not bel ieve there was an1� equity here at all. -9- � � n*narr�r rv�anrie,CTOjq a¢,QTI1�. FERRiTARY 10. 19$8 Mr. Janes Tiller, repre9enting the Costello's, stated the Costello's were in favor o� the 14 lot p].at but were opposed to the 12 lot plat because they wt�uld be denied access. They were opposed to the v<cation of McRinley Street in the event the 14 lot glat was not appraved. He stated he felt the vacation of McKinley Street should be oontingent upon the appraval of the 14 lat pl at. Mr. C.harles C�mpbell, representing Mr. Ettel, stated Mr. Ettel was still willing to sell the property and allaw Mr. Brickner to control�the entire project. It was his uzderstanding that they were at the poir� where 5 cents per square foot was the differential between making a transaction. Mr. Fttel had oounteroffered at 90 cents/sq. ft. versus Mr. Brickner's recent offer of 85 cents/sq. ft. The reason Mr. Ettel had counteroffered and ma.irttai�d his offer af 90 cents/sq. ft. was the fact that whereas all the other people in the glat realistically have no other additional expenses, Mr. Ettel was looking at the demol ition of his existing garage and was basically required by city �ode to wnstruct a new two car c3arage, . with the p�ssibil ity of a one-car garage (although the prive differeritial between two car versus one car garage was not that much). They feel that in terms of barqaining in good faith, the 90 cents/sq. ft. ofter was a good faith offering oonsidering the 51,400 difference versus the 55,000 to put up a new garage. He cauld not supply any market data that would support the idea that Mr. Ettel would get t�ck the mon�ey he would have to spend to improve the property, relative to the size and age of the existing house. Mr. C�mpbell stated it was Mr. Brickner's oonoern that he oontrol the whole project, and Mr. Ettel did not have a prolalen with that, provided the two parties aould oome to tern�s on what was an adequate prioe. Mr. C�mpbell stated Mr. Ettel had no proble�n with the stipulations. Mr. Ettel and he would protaably go forward and put a plat into effec;t as soon as the street was huilt. Mr. Robinson stateci if Mr. Ettel p�rtici�ted in the plat whereby the garage would be torn down to make room for the cul-de-sac, the garage must be repl aoed and a hard surf aoe driveway installed to oonnect to the cul-,de-sac. Staff was willing to oonsider a single car garage if that would make the proj ect work. Mr. Briclmer stated he had offered Mr. Ettel 85 cents/sq. ft. which was more than anyone el� had sold their land for. Ti�ey �uld take down Mr. Ettel's garage and give him acoess to his lot at r�o charqe to him. But, in v iew of trying to get this project together, he would like to publicly say that he would pay Mr. Ettel 90 cents/sq. ft. He wanted to build a nioe project. bir. C�mpbell stated Mr. Ettel would acoept Mr. Briclaler's ofter; it was what they had stipul ated all along. Mr. Mike Wallace, 993 Senjamin St., asked if any of the homeowners on Benj�iin would be assessed for the utilities for this groject. rir. Robinson stated the �sts would be borne kyy the develcper. -10- • : ���� �. !��+u ��t ���+� �, �+�+�. !: :� � Mr. Betzold asked Mr. Bric)mer if he would agree to the stipulations now that Mr. Ettel had acoepted his offer. Mr. Bricluier stated he would have no problen with the stipulations as long as he oould put in the road and util ities. Mr. Robinson stated staff would have no problen with Mr. Briclaler doing the road ar2d utilities as long as it was all under one ownership., He stated stipulation #1 could be deleted. However, he would like to add a stipulation related to the oonstruction of the rew garage and the driveway to the Ettel house. Zhey mic�t have to require a letter of credit or bond to ensure that the gatage is built before the lot is sold. Mr. Barna stated he wanted to again express his oonoern about the possible future requ2sts for varianoes and if they oould try to make sure that the lots are not so shallaw after setbacks and that the houses are not set on the lot in such a way as to precipitate requirenents for varianoes sometime in the future with additional c�velopnent on the lots. Mr. Robinson stated that at the last meeting, . the cleveloper did feel he v�uld build houses on the lats without variances. The lot areas do meet vocie. Mr. Barna stated he just warited staft to doublecheck on the glaoement o�' the north/south plaoement af the street that it was not �o far west or east as to cause the situation where the cul-de-sac could cause future requir�nents for varianoes for decks, swimming pools, eta Mr. Fobertson stated staff oould certainly do that, but these are unique lots created esseritially to eolve a prol�len and meet s�me community needs. Because the lots are �ique, even though they w�ould try to ensure they are as well desi�ed as possik�le, their �niqueryess would essentially not create a protalen in a future hardship finding. Mr. C�mpbell stated Mr. Ettel had no problem with the compliance on the rem�oval of the garage. However, it would facilitate the sale of the property if they had some leeway in terms of when that has to be a�nstructed, . in terms of being able to work with the f uture buyer of the house, and whether or not they are allowed to build a one-car or two-car garage, because it would help to sell the house. Mr. Eetzold sugqested Mr. Ettel work with staff before the City Council meeti ng. t14T�1 by Mr. KQndrick, 9e�nded by N's. Barna, to close the public hearing. UP�N A VOICE VOl'E, .ALL VUrIlVG AYE, Q3AIRPF.�2.SON BETZCGD DECZARED THE PUBLIC HEARIlVG (I,C1SID AT 8: 40 P. Nl. �Q�I by Ms. Sherek, seaonc�d kyy Mr. aPpr ov al of Pr el im ina ry Pl at, P. S. Builders, Inc. , being a replat o� Lot -I1- Barna, to recommend to City Council #87-07, Heather Oaks, by Brickner 16, except the East 33 feet, Auc3itor's � �: : ►1 • : �4� �. �� „�� • � �� �# �. ��+�.: .: ;+ � Subdiv isio� No. 92. and Outlot A, Aoorn Hills Addition, and that part of Lot 14, Auditor's Subdivision No. 92, which lies East af the West 165 feet thereof, and Lot 25, Auditor's Subdivision No. 92, except the southerly 150 feet including a right- of-way, and all that gart of Lot 24, Auditor's Subdivi.sion No. 92, except the south 150 feet of the east 80 feet of said Lot 24, including a right-of-way, all generally located at 5980 Stinson Boul�vard N. E. with the follawing stipulations: 1. Developer to surmit a preliminary plat with dimensions, lot area calculations and easeanents prior to Co�nncil public hearing. 2. Developer to sutrnit a storm drainage plan prior to ��cil pub�l ic hearing. 3, Pl at to be desic�ed so as to prov ide f or a f ull cul-de-sac with the addition of the Ettel property. 4. Storm sewer assessments to be paid prior to plat aFproval. 5. Park fees of 51,500 per each new dwelling to be paid with each new building permit. 6. The Ettel property to have a new garage with a driveway oonnecting to the r�ew cul-�3e-sac, . both to be aonstructed prior to the transfer of the ownership of the old Ettel house �roel. A letter af credit in the amotmt o� $5,000 to be surmitted to the City of Fridley prior to the transfer to o�ver said impro�venents. UPON A VOI� VOTE, ALL VUrIl� AYE, Q3AIRPERSQJ BETZCLD DECT,ARED THE h10TI0N (�FtRIED UNAN7M)jJ3,Y. 4. COIQ.STD�RATTON OF A VACATION. SAV #87-11. BY BRICE�R BUIIaERS� I1�: (Tabled 11/18/87) To vacate that part of McKinley Street as dedicated in the Plat of Aoorn Hill Addition and together with the Northerly extension of said McKinley Street to the south li�e of the Plat of Amber Oaks, generally located at 5980 Stinson Boulevard N. E. � by Ms. Sherek, seaonded by Mr. Nielsen, to renwe this iten f ram the tahl e. UP�N A VOI� VUrE, ALL VOPING AYE, QiATRPERSCtV BETZQ,D DECZ�ARED THE �PYJTION (�RIED UNANIM�U3�Y. M�I4�I b� Mr. Barna, seoonded by Mr. Saba, to recommend to City Council a��roval of Vacation, SAV �87-11, to vacate that �rt of NicKinley Street as dedicated in the Plat of Aoorn Hill Ad�dition anc� together with the I3ortherly extension of said McKinley Street to the South line of the Plat of Amber Oaks, generally located at 5980 Stinson Boulevard N. E. , with the stipulation that the vacation be a�ntingent upon the final approval. of the complete 17 lat pl a� UPON A VOICE VOI'E, ALL VCII'Il� AYE, �iAII2PERSON BII'ZCLD DECT,ARED THE P10TION C�RRIED UI�NII�xXl3,Y. Mr. RQbinson stated the City Council would set a public hearing date at -12- • ; ���� �. !� ��„ •,► v� � �. ��+= �. !: �• � their �ebruary 22nd meeting for March 7, at wlv.ch time b�th the vacation and the pl at would be heard by the CitY Council. Mr. Betzold thanked all the parties involved for working hard and making this proj ect happen. He stated this was going to be a very nioe addition to the City of Fridley. 5. � . , �Q� by Ms. Sherek, sev�nded by Mr. Saba, to receive the Jan. 7, 1988. H�man Resouroes Gbmmission minutes. UPON A VOICE VOTE, ALL VOPING AYE, Q�A7RPERSCIV BEI'LCLD DEQ.ARED THE rYJTION C�FtRIED U1�N7M)USLY. • �'�1'�M � (� \l.e t � � i i ,�i �!�,N �� e ��.e M� ��yly �+ H \. � �,Q� b� Mr. Nielsen, seoonded by Mr. Kondrick, to receive the Jan. 19, 1988, F�virormental Quality Coaimtission minutes. UPON A VOICE VOI'E, .ALL VOPIIV� AYE, Q3AIltPERSCN BETZQ,D DE(T�ARED THE MOTION CARRIED UI�1NIrDUSLY. 7. u�T« ,�t�ntnRV 26. 1988. AP EALS DOI�iISSIQN NLINCTPES: �Q� l�y Mr. Barna, seoonded by Mr. Konc7rick, to receive the Jan. 26, 1988, Appeals Carunission minutes. LTPDN A VOI� VOrE, ALL VOrING AYE� Q3AIRPERSGrT BETZCLD DECLARED THE rIOTION �1RitIED UI�NII�rX1�,Y. �1.��: +! a. (I�BG Proposal Dir. Robinson stated last year the City Council approved a three year plan. The 1987 plan was well �der way. At this time, there were some changes to the 1988 plan, primarily based on the fact that the allocati�n was reduc�ed to $104,658. Sane cpod news was that the portion that was allocated by the City to the Anoka Cour►ty Assessment Network was picked up by the Co�ty in a revenue sharinq progran. Mr. Robinson stated that utilizing the 5104,658, they have increased the share to Riverview Heights because they have fo�nd that the purchase and relocaton �sts are �newhat higher than ar�tici�ted. Hunan Servioes at 15� was 515,699. That left a balance of 522,000 for Commercial R�ehab/Blighted Property Aoquisition Redevelogne.nt. Mr. Robinson stated that the map on the second page of the hand-out ,hawed the progress so far in the Riverview iieights aoquisition project. Mr. Robertson stated Mr. B�ll H�t had called to their attention that -13- 4L ' . ���� �. �� y'�I -,.',:�viy� _ _ y : : . .� __ � this proposed allocaton to reflect the cut by HUD did cut the Htunan Servioes allocation by 59�0• If staff was sucaessful in getting a DNR grant, they will see if they can ju9gle that somehow with the property aoquisition and restore the allocation to Htunan Resources as much as possible. Right now they are dealing wih the 15$ limit for Human Resources. �Q�j by Mr. Rondrick, seo�nded by Mr. Barna► to accept th� 1988 CDBG proposal and gass it cn to City Cou'icil• UPON A VOI� VC7PE, ALL VOTING AYE� Q�AIRPERSON BETZCd,D DEC�ARED THE M�TION Q3RRIED UI�NINDU3,Y. � � � �; � �►�1�+ �QN by N1r. Saba, seaonded by Nir. Barna► to adjourn the meeting. Upon a voive vate, all voting aye, Chairperson Betzold declared the motion carried unanimously, and the February 10, 1988, Planning Commission meeting adjourned at 8: 54 � r.t Respectfully suYmitted, Lyru�e Saba Reoording Secretary -14- � PLANNING DIVISION MEMORANDUM A+�rrJ �0: Jock Robertson, Comm�ity Develognent Director City Co�cil Members I�i� FROM: Jim Robinson, Planning Coordinator t�rn n�E : SUBJECT : :.: M. c+;��. � � February 17, 1988 Special Use Fermit �88-02, University Avenue Billiards On February 10, 1988 the Planning Con4ni.ssion reviewed ancl revom�c►ended ap�roval of a request for a billiard hall in Winfield's Rice Creek Business Center (RCSC) at 7178 University Avenue N.E. The impact that the billiaxd hall would have an RCBC's �rking supply and the potential for juvenile misoonduct is of special oonoern to the Planning Commission and staff. � Under Fridley's zoning code, the billiard hall is considered a commercial recreational use and is allowed with a Special Use Permit in the Light Industrial District as per our reoent wde aQaendment (see attached M-1 code revision). The same use in a C-2 or C-3 zone would not require a special use permit. The proposed bill iard hall area is 5,186 square feet. This requires one garking spaoe for every 150 square feet bringing the nwnber of spaoes required to 35. RCBC pravides 166 garking sgaoes of which 125 will be required with the billiard hall. This leaves 41 stalls for the remaining vacant space of 15,714 square feet. �e real estate manager for the property, Sarah Harder, has worked out a plan (see attached parking analysis) which balances full occupancy demand with tatal supply. If this perm it is approved staf f wil l closely monitor parking demand and coordinate supply with future occupancy pern its. An additional ooncern is the potential for disorderly a closely with the Fridley Police in processing this experienced considerakale prot�l.ens with past pool halls minor's oonsunption of alo�holic beverages, drug sales problens are generally associated with jweniles which these types of establ istmlents. ; }��uly �I���; �,�J �nduct. I have worked request. They have in the City including and f ighting. These tend to ooncentrate at In order to alleviate parking averload and the potential problens anticipated with jwenile loitering in the business and parking lot, Planning Commission supports the following list of stipulations. The Pollce Department has reviewed these stipulations and concurred that they should be part of the Special Use Fermit, if granted. 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Z�LL� i � � � � � „� � � i L__� I � __� ���� V~�x f � ��' �' •:�' ��" SP 4�88-02 Greg Asproth - Proposed B'illiard Hall 5,186 square feet Parking Required 35 sta� 9 � �•� \��� Y 1.411NU E zo 5�r� LV �_. � Ej u 't5 Z� r - �; --;,'�;, -,� — 1 �I u ��u I� �— ��--n->W L J�-- r� _ � �� i � � � � rr �-----J �;. �f ��: I j. r — � I� ti � i �-� �. �-- i - - — -t i .-- � d �r i :, L----J I'�. � i �. ' �r I t' ; -- —� �� � 4fl � � - L,__J � i �� r �� f� n 4P „e -, �z I I /�l/S�-�% i � 1 �. �` .. � ' ��.: �i I STIPU.AT IpVS � '� I. ARCADE W ILL BE L IM I TED TO THRLE GAMES. 2. LIMIT SEATING TO 21�1 SEATS IN LOUVGE AREA. 3. BUS I I�ESS TO CLOSE AT I:� A.M. EXCEPT ON THURSDAY, FR I DAY AND SATURDAY 2;YJ10 A. M. TO BE ALLC�VED. 4. SECUR I TY L I GHTS FOR ENT I RE PARKI NG LOT IAPF'ROVED BY STAFF 1 TU BE INSTALLED PRIOR TO OPENING. 5. BUS I hE SS W ILL S I C�V AND EI�FatCE CURFEW FOR M I NORS. 6. BUS I f�ESS W ILL PRUV I DE OI�E ADI.LT ON STAFF DUR I NG THt QAY AND AT LEAST TWO ADLLTS ON STAFF DUR I NG EVEN I NG HOI�S. FRCM 6:fl� P. M. TO CLOS I NG. 7. BUS I I�ESS OPERATORS TO PATRCL PARKI NG LOT AND M�1NA(� I TS MI SuSE. 8. TOURNAMENT AND/OR LEAGUE PLAY WILL NOT BE PROGRAMMED DURING REGULAR WEEKDAY BUS I f�ESS HOURS. 9, NO ALCOH(X. I C BEVERA(�S W ILL BE SERVED OR ALLGWED ON PREM I SES, 10. �VLEOPMENT OWNER WILL ACCEPT LIMITATIONS ON OCCUPANCY OF REMAINING VACANT SPACE SHOI,LD PARK I NG SHORTACf S RESI,LT, 11 � SPEC i AL USE PERM I T TO BE REV I EWED BY (AUVC I L ON JUVE Z0. I 988 OR SOONER { F C i TY DETEf�1 I I�E S THERE i S A MANAC�1�lENT PROE�LEM WH I CH REQ U I RE S F UR TH ER RESTR I CT I ONS C�2 REMO�VAL. L 205.17 M-1 Li(,�' D�SIIt�1% LII3atI(T R�'�S L �� c o�.es ��•s�•� r�t�, � s�ectai a�e �sr. The folla+ing are uses permitted vith a 6pecial Use Pesmit in M-1 Distrids s �v Oifioes aot associateci vith a pcincipnl use pcwided that: (a) The parking supply shall be in compliance with the requirements of Sectfon 205.17.5. of the City Code and be su�ficient to suppert full oocupancy of the building. Parking requirenents shall be determined by the Cfty for each tenant pcior to oau�nncy. �� (2) Commercial retail, service uses and Class i restaurant uses vithin offioe andlor i�strial buildinc� which are supplemental to, and for the aorneaiessce cf, t!►e operatian oi the zossing dfst=ict and vhich pcwide goocls er�d eerviaes vhich are primarily for the use of pere�ns engloyed in that district. Upon approval of e special use permit, these types of c�mmercial tenants shall be epproved for oocupancy tpon satfsfying all applicable City requireaents without additicnal special use permits� pcwided that: (a) The aiaximun cgoss floor aren oocupied by sud� u�es shall mt exoeed 20 peroer�t o� the total gross floor aren cf the building, With nc ir�divid�al tenant exoeeding 3,000 aqunre feet= m) The parking supply ahall be in compliar►ce vith tt�e requirauents of Sedion 205.17.5., of the City Code and be sufficient to suppc>rt full ooaipancy of the building. Parking requirenents sha�l be determined by the City for eecb tenant pcior to oocvpancyi (c� Only wall mo�ted sic�s, subject to the lisaitations of Sectim 21� of the City ��de� ahall be pern►ittedt arxi !d) The building o�wner and/or agent shall be responsible for informing any p�ospective tenant that the property is soned for ir�dust=ial t�e. � � � ' �3) Cortmercial retail, eervice uses ard Qass II restaurants vithin ice and/or ir��strial buildinc,�, ir�cluciing ttiose with�c-ive�tiirough oomponents, such as banks� cleaners, photo ehops, fast food restaurarn.s, and simi.lac nses shall be oonsidered for a special use peanit an an individual besis. prwided ihats (a) The maxim�aa gross floor area occupied by such uses, and other mrtmercial uses. as penoitted by special uBe permit. shal'1 mt ewreed 3� pereec�t of the luildings total flooc area vith � 6uci� indivi�al ter�+nt exoeeding 5,000 aqunre feetj m) The pa=king supply shall be in compliance with the requirements of Section 205.17.5. of the Cfty Code and be suffic.�ern to s�port full oocupnru.y o� the bufldin9s (c) Only wall meunted signs, 6ubject to the limitations of Section 214 e� the City Cbde• s��l be permittedf (d) The ptoposed use shall anly be permitted vhen it can be 3ana�.strated that their operation will not generate levels of traffic whic3� zeduae "The bcisting Level aE 9ervioe'. as 8efined by the Institute of Tcaffic Engineets, on streets at irtereectionsj (�) The p�o�osed use. in the vpinim af tbe City Q��cil. r+ould De oompatible with the area in which it is proposed to be locatedj and (f) The building owr�er an8/or agent shall be responsible for informing any gospective tenar�t that tAe pcoperty is zoned for ir,austrfal use. �. • . �� e' �4) Com�ercial recreatian uses subject to the oonditions a�utlined in = 3� a—bovej m�x3�aim�'�ross floor area for both tenant size and peroe�rt af total building shall be o�nsidered on an individual teaant epecif ic l�ssia - � z 0 � H � a 0 w z M C9 z � x a a a 4T -----,---------------------------------------------------------------------- -------- , ,� , -; , , �, , „ , � , , azi � i� i i i i a�, ��� � � ���o� H,�[ I M t� �l1 M N 0� O N � I N 1 1 I T M [� �`i 1 ri I �D I E+ � ' .-i N ri �-1 �-1 M I ~ I I I � � � � � � � a, � � � � � � � , � � � � �--�--� ---- � ---------------------------------------- � -- � � ---- � ---------------- � � , � � � � � � � �, � � � � � � � a, � � � � � � � ,, � � � � � � � a� � i i i i i i i E 1 c0 O N O O O O t� d' I.�i I 1 1 1 O 1 ri I • Q 1 �{ M 1�O 1 I 1 1 I�O I U' U 1 . 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SP 4i88-02 � ;` t m __ I . Greg Asproth iy � � `- I � . �_- -- -- CaAl) r- ► 1 � 4 � � I ,, 4 no,.o�- ;� , o � I , �� I � N3n�.cv3 �NVdLa� a�od s�vis naarua�m! �-; x` I ' I. a � / -Y °� ± I�I Proposed Billiard Hall �, � v" ' i° _ x; -„I i � � 5, 186 square feet '- (dAl)r,-+ �. , . S . Q o+ • � , ;,� 1 C� � ,.o�,a- ' � , a �o N �-� Parking Required r�' . i , �, ' �. _ . � `__ , � _ Z � 35 stalls � -,� L � - - pg� .��' � � —'- • I W . 'c ; �'�_�-- _ � � ��� °��$' a �,. , • � . : � � F- _ ' � �} �� � \ w9�;�'a,� _ I b � t/� �� � �; ,� �____ •� �°.�' 1 � �oy"� � W n ° ;a - — ���:t7j��� Xs � � ._'1i .. j y '__. • W � jE� . . � � $ • I i � �' • ��9�� ; ���a� :,� , -�: � ------� � � � � ¢ ��.o� , .:,,. :�� 3:� � m ' . �W I I '~ ., a I o � ' q �. . ;� � �- � �,o_,, . •�i 1 -- �-- -�i � ` � . , � Q �; I ; ! 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We propose to serve non-alcohol and health drinks. Adding in the future, health snacks, hot dogs and popcorn. We want to start with what we believe to be the nice.st billiard parlor in Minnesota. Our intentions are not to have a hangout, rather a day or evening of planned fun. Nancy and I as owners will primarily be present each day or evening that we are open. We plan to enforce all curfews for minors and permanent removal of any trouble causing individuals, as we wish to keep a clean and orderly place. We hope to attract customers from U.S. Swim and.Fitness, softball players and public of all ages. We plan to offer pool tournaments for women, men, fathers and sons and mixed couples, also special rates for senior citizens. Both Nancy and I are currently self-employed with Nancy being a real estate agent with a firm in Fridley and myself a paint and wallcovering contractor for the past ten years. We both realize the commitment needed to make a successful business. The investment itself seems motivating enough, but we both believe a successful entertainment business needs a hands on approach. We currently live in Blaine and are quite familiar with Fridley and the surrounding areas with Nancy having been brought up in Columbia Heights and myself in Mounds View. We also believe there is a need for more non-alcohol establishments as more and more young and older people are not drinking and are in need of a place to go. We would greatly appreciate your consideration of our business in your community. � 1 �' � ' V' ` i.i l J" n � V W' � � t c�nroF FR1 DLEY E PLANNING DIVISION MEMORANDUM , IrEM� TD : Jock Robertson, �mtnity Developaer�t Director City Ootmcil Me�ii�ers 1� FR�+1: Jim Robinson� Plaru�ing Coorclinator NEt�D DATE: February 17, 1988 RDGARDING: Heather Oaks Plat On P�ebruary 10, 1988 the FYidley Planning Cwmiission held a puiilic hearing to review the Preliminary Plat la�own as Heather Oaks, by Tbamas Brickner. At that time there was an agreem�t reached between Mr. Brickner and Mr. Ettel whereby Mr. Brickner would be aoquiring a portion of the Ettel property. This oomnii�nent gives Mr. Briclaier aontrol � all adjoining vacant properties potentially availat�le for inclusion in the Plat. At this time it would be ap�ropriate for City Council to set the public hearings for both the 15 new lot Plat (17 with Ettel and Costello house paroels) and for the McRinley Street vacation for the March 7, 1988 City G1ot�cil meeting. A re°vised Preliminary Plat oomplete with dimensions, lat areas and easements and a storm water drainage p].an will be suYmittQd and reviewed by staff prior to that date. JI,Rfc'4m M-88-37 ,�.m.�� _ ___ _----____ _ .___._. - -- - — � ' � } N. £. �CORNER �zt; �. 4GJ- - - - - � � . _ �E� +�4 � '� .... ,.�..... .... ...._ .... .... .._ - 9'fI w' J: s ' �. 61 ST AVE. �lEs '° '° y�1�I � �' �1 � • • +!r.- �! t f . s � �L I7% . 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DEVELOPER TO SUBMIT A STORM DRAINAGE PLAN PRIOR TO l:OUNCIL PUBLIC HEARING. j. �AT TO BE DESIGNED SO AS TU PROVIDE FOR A FULL CUL—DE—SAC WITH THt ADDITION OF THE ETfEL (�LAT. 4. STORM 5EWER ASSES9�IENTS TO BE PAI D Ut'ON F1AT APt'ROVAL. 5, PqRK FEES OF �1,51010 PER LOT TO BE PAID WITH EACH BUILDING PERMIT. 6. ETTEL PROPERTY TO HAVE A GARAGE WITH DRIVEWAY CONSTRUCTtD PRIOR TO TRANSFERR I NG GWf�ERSH I P OF THE tTfEL HOUSE PARCFL . A LE I 1ER CF CRED I T I N THE AMOI�VT ��,lO101� TO BE SUBM I TTED TO THE (:I TY PR f OR TO t'LA I BE i NG RECORDED. `� - SAV ��87-11 A�Q Richard Brickner �r�� ��;�.,���----- L �' - - .sE� �4 _ . . . .- ..... .... ._. .... .... ... ^'fI n.� !: `�X. � - = y i avE. n1Eyf ��o w y ;, : 1 � %I�I tf Li -�r ::/ f,o .1fI >�.. � �,► ,, •�. i. -,� t ri �(zr J : a�::.. •�n�. .. 1 I�� ��� � i ilyir _f.�.�I�ire •� w �p�� 6 n 1:� �`0� Q��l bl..o k �; 1 : � �l ' � � i �( „ -�..., � . °' . t� ,\ 0 .1'n .� ` s i r .lt" - � ; ,C.� D .! qA,t i: ` o �. 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FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 T0: Whom It May Concern FROM: Fiidley Community Development Department JR RE: Community Development Block Grant Funds for 1988 On February 22, 1988 at 7:30 p.m., a public meeting will be held in the Fridley Civic Center, Council Chambers, to discuss the allocation of 1988 Community Development Block �rant funds. The grant monies may be used to principally benefit lower income persons, to remove slum and blight conditions or to meet emergency need as defined by Title 1 of the Community Development and Housing Act of 1974 as amended and the implementing regulations. For more information contact James Robinson, Planning Coordinator, aC 571-3450 x 171. 1988 �NIl►iJNITY DEVII,OmNlENT BI.O(iZ GRANr PROPOSAL 4� REVISED JANUARY 1988 Monies Available July 1988 through Deoember 31, 198�� I � I Prel iminary Revi.sed � i Project Amotmt Aiaot.nt Q�mnents 1 I � f Riverview Heights $66,959 Purchase and relocationl I ot Paroel 6; Morin i I residenae. I � � I I Hunan Servives 515, 699 f 15$ of 5104, 658) I � I I Comnercial Rehab./ 522,000 Redevelopnent of I i Blighted Property obsolete o�iranercial I i Aoquisition buildings and/or I I Redevelopnent avquisition of I i bl ighted property for I i redevelopnent. I I � I TOTAL 5104, 658 � � -- i . � 1988 CDI�II�'UNI'I'Y D�VE�OA'�T BLA(X GFANT PFOPOSAL PREVtOUSLY APPROVEO JANUARY 1987 1988 CZBG $109,848 lbnies Ava.ilable July 1986 through De!oe�nber 31, 1989 _ --__ -- � ' �� � ������ ����� ��� I � Prelimir�ary R�evised �ents � � Proj ect Amo�t Amount � I Purchase ancJ'reloration{ � Rive=view Hg'ts- $ 61,000 e��es paroels 4. 5 I � Aoq ui si tion arid 6 � � ( � Upgrade existing i ( Co�Qnercial Rehab� $ 23.460 businesses � � Loans - Redevelop. 1 158 of $109,848 i � H�nan Services $ 16,477 ( 8.93i �Co�ty-wide anall I 1�O� �O�'�' � busiress resouroe ctr. ( � Business Assist. � �Net�aork - � � $109,848 � � -_ �------ =—=.r�=� w -- _ -___-_- - __- =__ _ _ _ _ _;_: �.._ ..� _ ._ .. _— \ �,.�.,,., , . � -•� �.. \\\ � . i �-� ' - t ; �• ' � �,J � � y' . \ �• � � • ', i � EE .. � ; � . � c�TFt , � � � � t� ;s � . � !� s, ` "'� '. G .., ',' : !a=�) �' ''='(H� 9 '�i / �� :t '' ., i, ��' I.' • � `, r:r�.'! :. ,� „ �� � �, . ; '�;; � l� . , << <� � � ��; :�. ,�o,,. � ,!�� '� � : � 3 i�! ! 7 i! i[ i� i h+ iJ c i:. /f' i It :i .a ��i �• .•"i► � �, ie'� .�•o ' G .. •;' y � ` `�. � .. (p� ) ' � , Jb) +':: 1 .,' : r ' t f 7 ( ( t � ►' �. i � ��:.• ��A-•.�. ' �, • � _ ��,,�:� �',- '' �T ' •i� � L-9NGfELLOW • '' 1 •' •r �`� f' si .. i7 t• c I, :� t'' �� ?�,.r• a�1;1'..��. ,� I . y ,�:� _ .•' �� t� � ��( �n c `c,� v, � �� t - •'•'f �� �i i • i► df � � Y i 1/ t !� i /( �' :% ' '• ;, :i �/ • `� •/ • ,/ V AO'� � • ! .� r % ' Y .. .. ,. •. „ •• .. y ,. •. � (� ��8� .� .• f� '� /. 0 •� �� *« ' -3j � '�' I `^; . _ .. . �, ' � ( ' ., ��� 1 l ! = � / it � ( q • r j � i � J . .v . .. ., . ', f � � Y'_ � � � r � i: % Z i ! ! f 3 v .i . , , 'f � -, - . . .,. � ' .. � ,. : � ., :. , ,� P , � ..�d� � � • .� „ V. — t. '` = , � �' ...�: � ' � •� ►ueM � ' •� � � . . , •��' p �'�'�~'� � . '' �i�• `. tii�iv�.� N � ��r• "� � � qC 1 �f �:. � • . . a= � r� C �/ � • � ' ' .1` v :..e.i. � � �, .,..,� .; � :; �� � [.y, ��� ���Cy;�;�'' � M � \ � ►w�l• �t ,.� � •r''~ y /j� �ai� •vV �� L♦ ., �„� � �' s L^!1 t;;��, w3 r • .,, , , ; � :::�„� : ::L7.. � � G � � ,;� t, �M� .� . �'. ' t;�' ��roN �a �j � � � 'W' � ` f�.: � �'• � /�. : �� � rt �� � ♦ � � i� ls��J �"p � •l�� . O � v ,,'N� ' � ,`'• � �� �' � . � � :� . . ��% � N, � �W., ' ,,�`'f � p c� 1 ' � ��� �' �1 ' � ��� '� :+' �� � � i. , �.:► <. � '� ., � yQ� �. c•; ;� � � � • � �?.�r� �� � '. ,� � � R �,� : . �� .� , ' . , Comp 1 � � � r • '�'w • � � ,.�:` �C;�1,r�' ` �I � • t ` • r � � ., �q ��:• � i!�`�l . ' � � •. . �� � ,� � ` • ��`�P ' :� � ' C'.;�• `•� `� ' `� � � � "� .� p�� : ,�, �`�a , � w� . , � . �. � �, � � �, � .. •:S . � s � , . �� • � .C� '' � �� . 9 �� •� '`"'' '' "'s , G�. ��,��9 ,� �� � , ... �;^:�, . � .L� �:+ n �, - t• �� �.} .. . P�� ' `!!� �� /�, [;;� � � •v� •�Gy�/ ;, .! = Pro vsed 1988 GD�7G1 � ': ,� t�`3 �,r►�-� . i 0� �� u,,� q� ► '• �t �"� � o.. (;�) . . . , KEY � � � � � � �" F�� � q�p '�'�� �. � -�. . �' v;s ,g'' ' . �` P�svtously Acqnlr�d � �` ^�.. .•�-=,�;� � (K) ` 1' P�ope�ty �' \ '�,� O � c ulsltlons ��'. � • Proposed A q � � �?� (! „ (�) . . �� � Clty Park Propsttr ` �y �., �. i . � \ �� � �`' ��� . �,,' '. ., � ' . Scale 1" = 200' . \ '� ,�� ��tt� �'�� . �: . /�. ., � y« � �� y .. � `. '� � • � `.� � �� � •'' : ^�'/ North �•-. \`� � \. �.� . - • _ ,, 1987 O�Mi•UI�ITY LbVII�OPrmvT BIAC]t GRA[vT PROPOSAL 4+�+ 1987 CIBG $109, 848 Plus 19B5 Surplus 71,500 . _____._! Rbtal Available $181,348 lbnies J►vail�le July 1987 throuc$ Deaanber 31, 1986 -�---_-_== 1 � -Prelimi�ryr Itevisea 1 � l�mou�t � Amount Oarm�ents , 1 I Projeet ------- 1 �3andi capped trail i 1 Springbtook' $ 20.000 replacenent; aclded to { ! Nature Center 1985 allocation of i ( Restoration $18,544 I � � 15,000 Historic renavation ( I Locke House $ ��� S� �_. for I I Restoration Arts; adcied to 1986 I I allocation of 56.000 i 1 I �urd,a�e ar�d relocationl � Rivervi�a Hei�ts $ 67,000 • e��s for P�roel 8 i � Aaquisition � Payroll expense � I Seniors Program $ 5,000 ` ! Staff Pers�n � � Upgrading existing I � CorrQnercial Rehabs � 32�483 businesses ` i Loans - I�edev- . � 30$ of $109.848 i I Hunan Servioes $ 32,954 ( County-wide snall I � p�}� ���, $ 6,911 busiress resourae ctr. I 1 Business Assis� � i Net�ork $lg� �348 ( I � --- _ ________-___-___���__-�____��________________ _____-__� 1989 G�MMJhITY �VII�OR�IT BLOQC GRANT PROF06AL � lyg9 �sc $io9,eas Monies Availahle July 1989 throu� Deoanl�er 31. 1990 y �^ - - -- � ised � I � Pr�1 iminaLy � Proj ect Amotu�t Amo�a►t Dommments ` � Eocr�omic dev�elopnent I i Scattered SitE $�•371 assistanoe for I ���0�� oo�nercial & industriall � c3�v e1 opnents i � Construckion of park I � Riverview $ 30.000 �e�ties; parking. 1 I Heic�ts P�rk trails, girnic atea I `Developnent ar� boat la�� I ` (Zbtal G I. P. $99.000) I � U rading existing I � Co�nmercial Rehab. S 10,000 �sinesses � 1 Loans - Re3evelop. I � 158 of $109,848 i I H�nan Servioes S 16,477 I I I �'—'� I � $109,846 � i��- —_—__�_--_�_— 5 crrY o� �� CHARTER CCt'H�LZSSION NtEEI'ING, 1�Kn7II`� 30, 1987 CAId� TO OF�DF.'�t: ChairQersari Hendley called the November 30, 1987, Charter Co�;mission meeting to order at 7:40 p.m. ROLL CALL: Me�ers Present: Margaret Hendley, Donald Betzold, Bna Hebe sen� (arr'Ph7s55pf m) Geraldine Schei, Robert Minton, Gre99 MemUers Absent: F�i Hamernik, Diane Savage, Walt Starwalt, Orville Carlson, Dorothy Evenson G�tlzers Present: Bill Hunt, Assistant to the City bfanag�er APP�VAL OF SEP'I'�fi1BER 28, 1987, CHAFrTIIt COt�Y�iISSION NIINUTES: MdI'ION by Ns. Stouffer, seoonded by PZr. Minton, to approve the Sept. 28, 1987, Charter CaYatassion mi.nutes as writt�en. UPON A VOICE VO'1'E, ALL VOTING AYE, QiAIRPERa�N HEI�DLEY D�C�.ARF�D Tf� NK7rION CA.T2RIID LTNANIl�4CXJSI,Y. APPROVAL OF AGErIDA: p7s. Hendley stated she would like to change the agenda so that items 4 and 5 became ite.ms 2 and 3, changing the numbers respectively. MOTION by Mr. NLintAn, seconded by rir. Nelson, to approv�e the agenda as amended. UPOP� A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HE.TIDLEY DDCI�ARF� TI� M(JTION CARRIID UNANIl��OLJSLY. 1. CONSIDERATION OF TEF2PZS OF OFFICE OF 2fAYOR AI�ID COUNCILt•�I'1BIIts= Ms. Hendley asked Mr. Betzold to present his views regarding the four �erm terms versus three year terms for the mayor and counci�ers. Mr. Betzold stated there were actually three issues: (1) lenqth of texms of the City Councilmembers - three years versus four years; (2) on-year versus off-year electians; (3) staggering the terms of the City Council- members. Mr. Betzold stated that right naa, every year sce�one is up for re-election on the City Council. This year it was Wards � and 3 councilmen�rs, and next year it will be the ward 2 councilm�.mber, the third year it will be the mayor and the city council�er -at large. Evezyone of the�n► ends up having a three year term which means that if anyone runs for office and �� 5A CH�IRTER C(�R`�IISSION ME�rING, NWII�BER 30, 1987 PAGE 2 then an enc�uribent runs for office again, that office is going to be uP once in a general election year when everything is on the ballot, the next time it is going to be in a non-election year, and then the next tune in a general election. And, it keeps flip-flopping back and forth. It was abviously designed that way so there were constant staFgered terms of office, and there is never going to be a point in time when evezY�Y is voted out of office all at once. i2r. Betzold stated he wondered whether modern day electian processes were really best suited far that kind of a system, and that was the reason for the debate. One of the things he saw as a prablem, and others hav�e agreed with him, was the idea of having the wa� �ouncilmP.mbers' tenns staggered. In the past election, about 1,000 peaple voted in Ward 1 out of 10,000 residents. Ward 3 had an ev�en smaller turn-out. Possibly one of the things that could be done was to make all 3 ward council�rn�ers (Wan3s l, 2, and 3) run together at the same time• Zfi�en, the people know that at one particular point in ture they are to vote for their ward councilme�er. Ric�t now the only peaple who knvw or care haa the wards are set up are the actual ward councilirembers. Nbst of the citizens do not knc�r or care which ward they are in. Mr. Betzold stated these electians could be either in off years or on years, but all three councilmembers would run at once. It would not take �mzch to make that particular change. One easy way of doing it would be to si.�ly take the Ward 2 seat next year and cut off one year of that terr►. Tnstead of making it a 3 year ternn, make it a 2 year term for one time only. So, in 1988, if they make the Ward 2 seat a 2 year term, then that seat would be up for re-electi� in 1990 when Wards 1 and 3 are up. Then, they could continue to run as a block after that for either 3 year texms or 4 year tern�, but all together. r'ir. Betzold stated the off year versus on year elections was a separate debate, and they had to decide whether they want to waste money and time and effort by trying to have elections in off years or odd nurr�bered years. The beauty of the off year, for exatcq�le, this year when there were two Council seats up for re-electirn, was that it is the "only shaa in tvwn". People can pay attention to it. The candidates can draw upon ca�aign workers, fundrai.sers, etc., and riot be coaYpeting with anyone else. Mr. Betzold stated the problem, of oourse, was that the general public does not perceive an electiaai to be going on 3n an off year. Most people in Fridley who could have v�oted this year did not and prabaY�ly wouldn't, because they did not knc�w �here was even an election going on. Plus, the City does incur some cost to run the election in an off year. They have to have the equipment, hire electian judges, keep city staff working late, etc. So, �here was a lot of time and expense that went into having one election. Of course, it doesn't cost anything to have these two races on next year's ballot. It is a presidential election year, also U.S. Senatar, House of Representatives, County Coim�ussianers, etc., so a lot of things are going to be on the ballot, and it doesn't cost anything to add one m�re line to put on a City Council race. Scdr�e coul.d argue that "that is the price you pay for democracy". He stated that was tn�e, but he did not kr�ow if they w�ere spending their money wisely to have that kind of an election for just ane race. "� � ' CHARTER COI�P'IISSION MEETiNG, rfC�7II`'� 30, 1987 PAGE 3 Air. Betzold stated the third issue was the 1 ength of tern�--3 years or 4 years. If they stick with the 3 years, they end up flip-floppinq back and forth between even number and odd number of years, and they can continue to do that. If they make the decision to go with the even numbered years, or the odd n�iUered years, then they almost, by definition, kould go with 4 year ternis so the electi�s would always be held in the even numUered years or always be held in the odd nui:ibered Years• He pre- ferred the even numbered years. That would add a litt].e irore time to the teYms. Dtiost of the councilmez�ers, present and forn�', who attended the Piay 11, 1987, meeting seemed to indicate that a 4 year tenn would be nioer than a 3 yeax term; but they oould liv� wit.h either one. Without too murh trouble they could shift into four year te� and even numbered year elec- tions. D'ir. Betzold stated that if the proposal was to be put to the City Council or for a referend�n, it could be worded as follaws: Ward 2�ouncilmer�er would be elected to a 2 year term to 1988; then all 3 ward council�ers would be elected to 4 year terms starting in 1990, and the mayor and councilire.mber-at-large w�ould be elected to 4 year term� starting in 1992. Dr. Hebeisen stated Mr. Betzold had asked him to speak about tt� stagqering of the councilr�acbers . Presently, the terr,�s of the councilm�nbers are all staggered where Ward 2 is elected in or►e year, the mayor and councilrr�lnber- at-large in the second year, and Wards 1 and 3 in the third year• The proposed 3-2 system would ha�ve all the councilmembers elected in one year, and the mayor and councilmP.mber-at-large elected in another year. The system that is in present use can be called the 2-2-1 system. Dr. Hebeisen stated he would address a few of the major issues as he saw them fram the advantages and disadvantages of the two systems: 2-2-1 System Advantage: There couldn't be a dramatic turn-over possib le in one electioai because of the various staggering. Disadvantages: 1. poor voter turn-out, poor political volunteer turn- out in smaller elections. 2. cost of polling places and city staff involveirent on a yearly basis 3. less city-wide involvement of candidates, citizens, and media 3-2 S�ster► Advantages: l. greater political volunteer turn-out and voter turn-out 2. decrease the cost of the polling places and city staff inwlvement 3. greater city-wide issue involven�ent of candidates, citizens, and media � CHI�i�'I'ER COMM.ZSSION MEEiING, NOVEMBII2 30, 1987 PA� � Disadvantage: potential dramatic turnaver of th�e co�cilmembers in one electi� Dr . Hebeisen stated it was generally agreed that a 2 Y!ear ter'n► Was Pr�.bi- tive because of both electian cost and time reasons. Under the present 3 year term, under the proposed 3-2 system, perhaps they coul� have 3 co�cilmem}�ers elected in one year, mayor and councilmen�ber-at large in the second year, and then the thizd Yeaz' no electians at all. llr. Hebeisen stated under the proposed 4 year term, again with tttie 3-2 system, they oould have 3 counciln�nrbers elected in one year, no elections the next year, and pexizaps in the third year have the mayor and council- men�be�at large, and then another year with no elections. Dr. Hebeisen stated it was the 4 yeax terms that could decrease the dramatic turn-around of the councilmembers. At the May llth meeting, Councilme.mber Schneider said that on majar issues, basically the City Council has a con- census. Former Counci�er-at-Large Barnette said that historically there has been no mass turn-over in the elected Fridley city officials. Mayor Nee said in closing that he had no real apprehension about a tota.l turn-over of counci]men�bers due to the efficiency of the city staff inembers. Dr. Hebeisen stated that, in siunnazy, of those people invited to the fday llth meeting, 4 favored the proposed 3-2 system, three had no recorded corrQnent, and one had no objection to the 3-2 system. He stat�ed he would speak in favor of the pr�posed 3-2 system. Mr. riinton stated his debate team was to present the viewpoint of tt�e way things are naa--the 2-2-1 system with the elections every 3 years. The main selling point, as he read the minutes of the May llth r.ieeting, was that with the 3 year terms, it presented possibly the best of two worlds. One world was that in which the electiaris are in off years. As Mr. Betzold had said, it is the only shaa in town. People can devote their attention to the issues of the city, rather than to general, state, o�' national issues. People running for elect.ion have greater aocess to the resources of mr�ney and volunteers in the city. So, it is one year, when they can devot�e their attention to the city and its issues. The other world was that when the elections are in the on years, they have better voter turn-out. Ms. Schei stated when she listened to the 24ayor and councilmembers at the N,ay llth meeting, she felt they all seemed to be quite satisfied with things the way they are nc�w and that things were working w�ell. Mr. t�linton asked if it would be prahibitive to have elections every 2 years. He stated he did not think it was necessarily prohibitive because it is done on the state and federal levels. He did not think it was prabably ar3visable to have 2 year ternis. He saw in the list of other cities that there was a great propensity to have the mayor elected to 2 year terms and �-he counci]members to 4 year terms- � CI�r'�,�TER CC1N�'IISSION MEETING, DK�1II`'lBER 30, 1987 PAGE 5 Mr. Betzold stated that was discussed at an earlier meeting, and he thouc�t the reason for that was that scme cities give the mayor quite a prominent role in deciding the agenda for the city--it is just a pvwerful position. To offset the mayor's power, they shorten up the tenn• That, of course, was not the situation in Fridley where the mayar is one amonq equals as far as votinq. � Mr. Minton stat�d he liked the weak maYoral type of governrrient where the whole City Council has a wice in.what is going on, and he thought they had a very good separation between administration and policy making in the City of Fridley. P�ir. Stouffer stated he did think the 3 year ternu were beooming absolete. ���at did the Car�ission members think about 4 year tern�s for the City Council men�rs and 6 years for the mayar? r;r. Betzold stated he thought they would get ou� of sync with sucYi long terms, because one thing he had tried to avoid was that time period when everyone is up for election at ane time. Also, he thought 6 years was a long tirre for anybody. U.S. senators serve 6 year terms and that was th+e longest term for anyone except 5upreme Court Justices which is for life. Four year terms seem to be the "norm" £or most major offices. t7s. Hendley stated if ti�ey get back to what the mayor and cour►cilct�mbers and fornier councilmP.mbers indicated at the P�lay llthe meeting, they were all pretty happy with the way things are naa, and tliey felt a 4 year term would just preclude their having to run for office one more time. Mr. Betzold stated he agreed. Ae did not sense an overwhe]minq opposition to a 4 year term, but they did say 3 years were working well, and that the 3 year term should definitely not be shortened to a 2 year tenn. He did find overwhelmi.ng support for having all the ward counci]members running at the same ture. iir. Betzold stated this was the kind of issue he was not sure the City Council would even want to address when the Cc�r¢nission sends a recorm�enda- tion up to them. Are they going to be willing to vote, essentially, to increase their terms of office? He felt they would probably be more ccgnfort.able with having this go to the voters in a referendtun. 2�Ir. Stouffer stated this was another agenda item. but Was S�►�ething he felt had same bearing on whether they stick with the 3 year terms or the 4 year terms, and that was l�miting ihe tern�s of the counci]�Uers and mayor. If they are going to limi-t the ternis, he would be incl�ed to go for the 4 year terms. But, if they are not going to limit the tezms, then he was sort of leaning tawax'd 3 year terms because the acaountability factor comes up m�re readily all the t.ime. rss. Hendley stated it was her original thinking that they should leave evexything like it is, because she was concerned abou� a co�lete turn- over of the City Council. But, as this has been discussed, she saw how the City Cauncil works and that was not as big a concern to her naa. � CT�',R'I�2 CONMISSION M�TING, NdVFA�iBER 30, 1987 PAGE 6 Ms. Hendley asked haw much t�he last election cost. Mr. Be�zold stated that in loaking over the casts, it looked li.ke it cost approximately $10,000 per ward to have a prin�axy and general election. Also, it was getting harder t�o find people willing to serve as election judges. � Mr. Minton stated he felt the crucial issue here was whether or not they should have elections on off-years. Despite the side he haci taken for the purposes of the debate, he was in fawr of not having elections in off years. It was hard getting people outi to vote; it was hard getting any attention devoted to the election, even though it was the on1Y show in tcx�m. He did not think c�ost was a major consideratian for him. Ms. Hendley stated she did not hav�e a problem wit-h the cost of tYie elections either. Hopefully, if they are going to save money an voter cost and elections, it won't be wasted in same other place. Mr. Nelson stated he would personally favor the even years with the general electioai. Cost was a factor, but cost was also not a factor when it came to exercising voting rights, and it should not stand in the way of being a filter between the officials and the electorate. He felt the m�re ing�ortant factor was getting the voter out and getting his attention. The voter's attention was not drawn to an off-year electioa�. It becor�es more easy to manipulate a ward one way or anotl�er in bringing up an issue. Ms. Hendley stated it was is�ortant to get the voters out to vote as opposed to the special interest groups, and she thouc�t they have had that situation in the past. She w�ould like to see their changing the length of the term directed at the fact that it wr�uld bring more people out to vote . Mr. Stoutfer stated any mass turn-over they would ever see with all three wards runninq at the same ti.me wnuld have to be so orchestrated that it would be very difficult to do. Mr. Betzold stated that if there ever was a mass turn-over of the City Council m�ibers, then that was what the voters wanted. Mr. Hunt stated he thought it was true that 4 years for oouncilm�nbers was the "norm" . If they h� the 3-2 system on the odd years, t11ey mi-9ht actually be dealing with local issues in a mr�re intelligent way. �+�fiere in the even years, there is more e�hasis on party affiliation. It certainl.y was a judgement call. He agreed they would get more voters out for even year elections. The Cananissi�ers took a stxaw vote on the follc�aing issues: 3-2 staggered terms versus 2-2-1 staggered tem� 5 in favor of 3-2 staggered tern�s 0 in favor of 2-2-1 staggered terms 1 abstention CHARTER (�t�iISSI�N NiE�TING, NOVIIKBF�2 30 , 19 87 On-year elections versus off-year elections 4 in favor of on-year elections 3 abstenti-ons 3 year ternts versus 4 year tern�s 3 in favor of 4 year tenns 4 abstenticros PAGE 7 0 in favor of off-year elections 0 in favor of 3 year terms A1s. Hendley stated she would, at the request of the Co�mission m�rs, be willing to apQroach the r7ayor and/or City Council menbers to get sare feeling from the councilmembers regarding these three issues and whether they would want to har�dle any reconmendatians for changes through an ordinance change or by some other mechanism such as a refererr3um. MOFI'ION by Mr. Betzold, seconded by Mr. 5touffer, to table further discussion until the next meeting. UPON A VOICE VOrPE, ALL VO►PING AYE, CHAIRPER.SON HII�IDLEY DDCL�RID TE� �'�'ION CA..t2RIID UNANII�KXJSLY. 2. CONSIDERATION OF RECOIt�IDATIONS FOR DSQ'1BERSHIP IN THE C�F,ft COPM�ISSION: rLs. Herr3ley sta�ted the Co�nnission had received two letters, one from Don Mittelstadt and one from LeRoy Oquist requesting they be considered for menbership on the Chart:er Ca�nission. She stated that the Cor�[nission acted on Mr• Mittelstadt's request at the May meeting, and it would naw be appropriate to receive Mr. Oquist's letter and forward it on to the judge for approval. Ms. Herr3ley stated that at the May meeting, it was specified that Mr. Ds.ittelstadt fill the D1ay 1991 vacancy. Mr. Oquist would then fill one of the May 1989 vacancies. There was still one May 1989 vacancy left and if.any of the Conmissiari members knew of anyone who mic�t be interested in m�mbership on the Charter Conmissi�, that person should send a letter to either Bill Hunt or herself. MOTION by Ms. Schei, seo�nded by Mr. Minton, to receive the letter from Mr. Oquist and to reco�m�er�d to the Judge that Mr. Minton be considered for membership on the Charter Co�mission and that he fill a D7ay 1989 vacancy. UPON A VOICE VO'I'E, ALL VI�TING AYE, CHAIRPFRSON E�TIDLEY DDCLARID THE MC7TION CARRZID L�NANIlKOUSLY. 3. CONSIDERATION OF SEL�7CTING DATES OF CHAf�I'F� CONg`�IISSTON NIEEI'INGS FOR 1988: P�IO'I'ION by Mr. Nelson, seconded by Ms. Schei, to approve the Char'ter Co�nission meeting dates for 1988 as follaws: C'1_� � 5G CFi1�'ER COP�`'IISSION NiEErING, NWFM13F�t 30, 1987 4. Janu�'y 25 Februazy 22 rtiarc� 28 Apri1 25 May 23 June - no meeting UpON A VOICE VdI'E, ALL Vd�ING AYE, NK7I'ION CARRIID LJ1�NIl"bOUSLY. ,7uly - no meeting August - no meeting Sept. 26 Oct. 24 I�tav . 28 Dec. - no meeting PRGE 8 . • • �• • �a� �� � �« • • �� i CONSIDERATION OF FOFd�lAT AND MAI�II�IE'�2 OF' PUB�LICATION bF REUISID CHARTER: Mr. Nelson had brought a couple of manuals to the meeti-ng fran Control Data Corporation in order to show a forniat that oould be used for the revised City Charter. Mr. Hunt stated he had prepared t2ie manual for the Commission members • Scx�ie kind of indexing or notations as suggested by P'Lr . Nelson was probably appropriate for the warking doc�unent of the Chaxter that would be given to Conmi.ssion m�nbers, City Council members, staff, etc., but they would not need to do tfiat for the doc�urents theY wou]-d Publish for the public. He explained the forniat of the document and how changes would be incorporated into the docLUrent. Mr. Hunt also shvwed the Co�ussioners scme different binders that the Coirmissi� might want to choase for the publication of the City Charter. He stated he would prepare sat�le docun�ents for t11e Charter Cormu.ssion members for their meeting in 3anuary, and the Cotrnnission members could make some decision at that t�me as far as the format and the type of binders they would like for the doc.lurents . �� • - �i�+ MO'I'ION by Mr. Stouffer, seconded by Mr. Nelson, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Hendley declared the NovemUer 30, 1987, Charter Coi►Bnissian meeting adjourned at 10:00 P.M. Respectfully sub 'tted, � �� �� Lyru�e Saba Recording Secretary Engineering ISewer Water IParks ,Streets Maintenance MEMORANDUM � _ . TO: Nasim 4ureshi, City Manager FROM: Jd�n G. Flara. �R�blic Works Director DATE: Fhbruary 2, 1988 SU BJ ECT: MnDO'P Ease�tent Ewse—� i,n 1981, NhDOT returned frontage road property along the ir�erstate systen to the City. At the time the praperty was being turned aver, . another de�rbne.nt within MnDOT installed a fre�eway management control system on a portion of the property that was transferred to the City. With the �grade of the I-694 o�rric3or, . it became apparent that the f reeway man�agement o�ntrol equign�nt was not on state-o�wr�ed property. A�ccordingly, � MnDOT has pre�red a perpetual easement for a portion of the land along Cheri t,arye between the l�enard's property and I-694. N�nDOT is oontinuing to work on the hic,�way surfaoe and landscaping as a means of ciealing with the reiae issue in the innsbruck North area. It is hoped this issue will be resolved this spring. Rec�ald the City Council authorize tY� MAyor to execute the 4uit Claim Deed for the NhzDO�r Easement. JGFjts Artach.*►�rit 0 � � F�DL�Y ����4 � y0 D Q � � ��. �pt� . �1 Minnesota Department of Transportation District 5 2055 No. Lilac Drive Golden Valley, Minnesota 55422 January 27, 1988 Mr. Clyde Nbravetz F.tigineering, City of Fridley 6451 University Avenue N.E. Fridley, NAI 55432 Re: S.P. 0285 (694=393) 901 Parcel 321 - City of Fridley S.E. Quadrant T.H.65 and I�94 Permanent Utility Easement Dear Mr. Nbravetz: (612) 593- 8510 This is the inforn►ation requested by your office regarding the above referenced area. T'he frontage road in the S.E. quadrant of T.A.65 and I-694 was transferred to the City of Fridley through Release No. 120 in 1981. While the Right of Way Section was processing the release, the Traffic Management Center installed a freeway mariag�nent system oontrol cabinet and other related equi�nent along the frontage road. Recently, while the Traffic Management Center was updating their equipnent, it was discovered that Mn/DO'r does not o�m the right of way anymore. The City of Fridley naw awns the frontage road. It was requested that Mn/DOT acquire a permanent utility easement to accommodate this facility. Should you have any further questions regarding this matter, please contact the Golden Valley Office, telephone 593-8512. Sincerely, �a�„Q ,12 �o-�-�'- E. R. Haae District Riqht of Way Engineer An Equat Opportunity Employer �, J!� s�3 / �. , ��� . rw�ttt��� r✓! .°✓r�i+i//�.. � .� 'i�. . � M���r� I 1 i � ��� �� � � ,i' . _' .,j .w i�.. A7f�r./ � �� r.1d!o n I " . �.J i ,� . . f l � j � y _.. � �.� , ._. S //2 . • : SEC. 2� cirr oF � � � �� I I � • � I 1 � .. � . M l.w f10. Y[ IY� 2 a7YT � ,. � ` ; . � 4 +I�AV �Y ��fa�A i�'} IV • � I ���l� � � �.���� . . . . . _ _ ._ _ _ _ -' _ . _ _ . ^ _ _ . _ 1` �-._" _ . -_'_...._._"'_ -f . : i � ��% / , . G� f ""'" ��._. ._. _ . ._ ��-�. ._ ._ . _. ...1 . - ' �/'� . • , .__ . _ _,�� .� . _ .. . . . "_' � ' .. - '_'•...__.__'+. -_.__." 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' � I `� �F5 � � . f NEG. ?_32 Rev = I : `�, �, , _,F.�� , � ' Fra nk E a riy -- � � �75 0 � v - � � ► : - ` : f NV2S1/2 SWl/4 Sec. 24-30-2� I - � � � � -- � _ _ ' -- --- -- , �: ---� � � _ �� 2.f 7 Ac. ` , ---� ; ,� � , 1 _ �,� t; ,Ce' i� 8- ! t 11` � - - � 2 +04 ��-- � ,% �� � � � ` L'�' ' ♦ N . ' �., n . : . 'I 1 _ . ' i �' : I -� � !: � _ ., . n � 7 7 l t r � -T / �_ � / ,. . . �.. , . e Parks Streets Maintenance MEMORANDUM , TO: �� 4ureshi, City Manager iinT88-43 FROM: �� G. F1ora,�Pualic Works Director DATE: ���rY 17, 1988 SUBJECT: �i� �'�s Aqreenent - East River Road & SLst Way We have reoeived the Joint Powers Agreement prepared by the Anoka County Attorney for the interseetion and traffic sic�al impravenents on East River Road and 51st Way. As previously submitted, the City is responsible to pay one-half of the sig�al in5tallati� glus the electrical operation. As this agreement is consistent with the improvement proposed for the inter9ection, reoaTanend the City Cot�cil authorize the Mayor and yourself to execute the Jaint P�wers Agreenent. JGF/ts AttachQnents % � FWDL�.Y +��' co`�4.. . �� ~�'�NES��' COU NTY OF ANOKA Department of Highways Paul K. Ruud, Highway Engineer COURT HOUSE ANOKA, MINNESOTA 55303 612-421-4760 . February 12, 1988 John Flora City Engineer City of Fridley 6431 University Ave. NE Fridley, Minnesota 55432 Re: Joint Powers Agreement, Intersection of CSAH ��1 (East River Rd.) and Slst Way Project: SAP 02-601-34 Dear Mr. Flora: Ecnlosed for your review and signature are three (3) copies of the 3oint Powers Agreement referenced above. Please have all copies signed by the designated officials from the City of Fridley. Upon execution of these agreement copies, return all three (3) to our office for additional processing. We will then send to you a fully signed and executed copy for your files. Thank you for your cooperation in this matter. Yours trul , ����. u ��. Roy Humbert Contracts Administrator Encl: (3) Affirmative Action / Equal Opportunity Employer 7A _ _ . _. _ . 1 �" : •!�� ' : � � , • , , ►� ' :Q ----- �o{� o + W � . --�� oc SERVICE R0/1D � � -�- a A p _ � 1/ , � / . �� • � � 0 i o � > � i �. m � : '' � a. � ' � .1 0 "--. . o . a � � �� : � � � .� - i �! r • � « � � . t t ,� s , � I LL � Z � � �" . a a . W avod d3Ala 1SV3 � } a 3 � � � � , �, � � � ... � «I 1 "�I � I 0 � �, tt • s o � f' N 0 � _ ._, s s � � � � R'ESQ+Vi'ION N0. - 1988 it�SC�,iTrION QRDERING II�IPROVEMENT, APPROVAL OF PLANS AND � AWFRTISII�IJP P�t BID6; RII+YNAL At�ID RF.Pi�ACEMEI� OF MISCEL�NDWS Q7NQtIIE, QJ:�, QA.�;R AND SIDEWALR - 1988 �REAS, the construction of certain improvements is deemed to be in the interest af the City of Fridley and the property owners affected thereby. �1� ��EP�E� BE a RES(LVED by the City Council o£ the City of Fridley, Anoka Cota�ty, Minnesota as follows: L That the follawing impravenents prop��ed by (bu�cil Resol�ions are hereby ordered to be effected and comple�ted a,s requirer3: Renaval and replaceznent a� misoellaneous concrete curb, gutter and sidewalk. 2. The glans and specifications prepared by the Public Works Director for such impro�venents are hereby appraved and shall be filed with the City Qerk. The Public Works Director shall a000rdingly prepare and cause to be inserted in the official newspaper advertisements for bids t�on the making of such improvenents tnder such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and wi11 state that the bids will be opened and oonsidered at 11:00 a.m. on the 23rd day of March, 1988 and that no bids will be oonsiclered tmless sealed and filed with the Public Works Director. That the advertisement for bicis for REMOVAL AND REPZ,ACEMENT OF MISCELLANDOUS GURB, C�TITER ArID SID�IALR - 1988 shall be substantially in the standard form. P�-SSID AI�ID AD�PPID BY T8E QTY �JI�K3I, pF TgE QTy OF FR�,EY THIS 22I�D nAY OF EEBAUARY, 1988. AtLTEST: 33Il2I,EY A. HAAPALA - CITY CI.ERR 3/6/10/13 -29- WILLIAM J. I�E - I�►Y�t : • �� • : �� � �•� •,s • � �� • �� �s :� � � - � � •s • i:,• •• •• ;,�►• •� ••: r� ��+• � na • Sealed bicls will be reoeived and publicly apened by the City o� Fridley, Araka ��ty, Mir�esota, at the affioe af the Pub�lic Work.s Director, 6431 University Avenue N. E,., Fridley, Minnesota 55432 (Tel. 571-3450) on the 23RD day of I�,RCB, 1988, at 11:00 a. m. , for the furnishing of work and materials for RQ�7VAL ArID REF3�AiCEME:[�TP OF MSSCELL�AtiDWS �3'E QJiB, (ZJii�t, .Ai�ID SID�TALR 5�� Pbnd Ski�ners with Appurtenanoes 2,000 Lin Ft. Misoellaneous Concrete Qirb & Gutter Renoval & Replaoement 1,000 Sl�. Ft. Construct 5 f� wide x 4 inch sidewalk 1,000 Lin. Ft. Concrete Valley C�tter All in a000rdanoe with plans and specif ications prepared by John G. Flora, P. E. , Publ ic Wor ks Di rect or, Fridl ey City Hal l, 6431 Univ er s i ty Av enue N. E. , Fridley, Md 55432 (Tel. 571-3450). Plans and specifications may be examined at the office of the Public Works Director and oopies may be obtained for the Contractor's individual use by applying to the Publ ic Works Director. Bids must be ma3e on the basis of cash �yment for work, and acxompanied by a cash deposit, oertified check (on a responsible bank in the State of Mirmesota) or a bidder's b�nd made gayat�le without condition to the City of Fridle�y. MV. in an aac►o�t of not less than five (5$) per cent of the total ano�t c� the bid. The City Coi,mcil reserves the ric�t to reject any and all bids and to waive any inf ormal ities in any bicls reoeived without expl anation. No bid may be withdrawn for a period of thirty (30) ciays. By order of the City Coimcil � the City of Fridley, Minnesota. Dated the � day of � 1988. Published: . - a•.� �e4ruary 24, 1988 March 2, 1988 March 9, 1988 3/6✓10/5 - 20 - John G. Flora, P. E. PIJBLIC WC�tKS DIRE(TOR ��-� �s •� - � February Z6, 1988 March 4, 1988 March 11, 1988 . � RESCGUI'i0N 1J0. - 1988 RFSOLUTION C�1tDERING IMPROVEMENT AND APPRQVAL OF PLANS AND �ING ADVII�TISII�TP E�lt BID6: SPRINGBROO�R N�17,URE �?IER 1�E1i1� II�'ROV�3�IENr PRiQ7EG's # 1�0 BE IT RESO�VID, by the City Council of the City of Fridley, Anoka County, Mir�r►►esota as follaws: 1. That it appears in the interests of the City for the development of the Springbrook Nature Center property, that certain fencing improvements be oonstructed on the Nature Center site and that this capital improvement is inoorporated in the 1988 City budget. The �mprovements to be completed shall oonsist o� 6-foot galvani.zed fencing and misoellaneous access gates. 2. That the Pu}al.ic Works Director, John G. Flora, City Hall, Fridley, NII�T, is hereby authorized and directed to draw plans and specifications for this work and to advertise for bids for the installation of these fenoe impravements. �'aSID AAID ADOPPED BY THE QTY OOUI�IL OF THE CITY OF FRIDLEX THIS DAY OF , 1988. WII�LIAM J. 1�EE - I�Y0�.2 PfITEST: S�iIRLEY A HAAPALA - CITY Q,FRK 3/ 6✓5/24 � :.�.': r{ >: _ ; CITYOF FIZfDLEY . � CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 February 12, 1988 T�: Nasim Qureshi City Manager FR: Jack Kirk Director of Recreation & Natural Resources RE: FENCING FOR SPRINGBRROOK I�TURE CENTER As part of the overall work to be completed at Springbrook Nature Center in 1988, we have planned to install a chain link fence along the south and east boundaries of the park to control access from off-road vehicles and increased pedestrian traffic. Money has been budgeted for this project in the 1988 Naturalist Division Capital Outlay account and I am proposing that we start this work now to coincide with completion of the ponding project. we have been working with Mark Burch and the Engineering Division to plan this fencing project and estimated costs will be in the range of 519,000 - 522,000. A resolution is being sent to City Council for their consideration, which would authorize the advertising of bids for this fencing project. I recorrm�end that City Council approve this resolution and we proceed with the advertising of bids for the fencing project at Springbrook Nature Center. JK:sj RESOIATION N0. - 1988 RESOL�ITION TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE I�iINNESOTA STATE PIANNING AGENCY BE IT RESOLVED by the City Council of the City of Fridley, as foliows: 1. That the City of Fridley Police Department enter into a cooperative agreement with the Minnesota State Planning Agency f or the project entitled "Prevention Theatre Troupe" during the period of January 12, 1988 and December 31, 1988. 2. That James P. Hill, Assistant City Manager/Public Safety Director is hereby authorized to execute such agreements as are necessary to implement the "Prevention Theatre Troupe" project on behalf of the City of Fridley Police Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1988 WILLIAM J, NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 10 -a;o� F� POLICE DEPARTMENT �ti "-'�- y _ N \ ' �� ;;% City of Fridley ' �° �_' `� � Minnesota c� DATE FEBRUARY 16, 1988 � SUBJECT PUBLIC SAFETY DIRECTOR, J.P RESOLUTION FOR RELEASE OF GRANT FUNDS MEMORANDUM TO � NASIM QURESHI On December 7, 1987 I advised you that Governor Rudy Perpich had informed us that we had been selected to receive a grant in 'the amount of $8500 under the Governor's Drug - Free Communities Prevention Program. The Fridley Police Department, in cooperation with the Fridley School District, Anoka County Social Services, and the Fridley Youth Crisis Community Council, is formulating a prevention theater troupe who's members have been identified as high risk youth. On February 9, 1988 all prevention project recipients were advised by the State of Minnesota, State Dl�nning Agency that their legal council is now requiring a resolution prior to the release of funds. The enclosed resolution has been drafted to comply with their request. JPH/ sa INFO X �'n�_s�+ ,. �,s " � ��, �� 3;; �.�.��,� �. . �� �.��. STATE OF MINNESOTA State Planning Agency 300 Centennial Building 658 Cedar Street St. Paui, h#innesota 55155 1612)296-3985 r February 9, 1988 TO: Prevention Projects FROM: Kathryn Haubrich -��, �L SUBJECT: Alcohol/Drug Prevention Contracts Addendum We have been advised by legal council that a statement from your organization needs to be filed with your contract to authorize acceptance of these funds. Please refer to the attached form. Return when possible. This additional information will not further delay the contracting process. 3� F�!"�L OPPORTL"�'ITY E;�IPLOYER � : 11 RFSGLtTrIO�i - 1988 RE:SCLUrION P�t AD�ITI�T�L FUN3ING FOR HIG�TAYS TO PRFSIItVE TIiE EXISTING F�AYS, RE�NS'II�(3' ROi�iU5 AS DIDCESSARY� AND OOMPLE,TE THE IlVC�r'�'LF�E SY5TEr1 OF RON�VAYS WF�REAS, there is a rred for ar3ditional ftncling for highways to preserve the existing roadways, rec�nstruct roads as necessary, and complete the inoanple�te system of roadways; and W�REAS, the 1981 Minnesota State Legislature directed that the motor v�icle excise tax Qr1VET) be trartsferred to Transportation by increasing incranents of 25� percent per bienniun beginning with 1984-85 bieurc�niun and ending with the total transfer in the 1990-91 bienniun; and WHIItF�4S, the 1981 Legislative law directed that af the a�no�mts transferred to Transportation, 75$ peroent go to the Highway Users Tax Distribution F�md (Fi1TDF) and 25$ peroent to the Transit Assistanoe F�nd CrAF); and WHEREAS, the 1983 Legislature, reacting to the State's general fund shortfall, delayed the MV� tran�fer to the 1986-87 bienniun; and WI�F'�S, the 1984 Legislature modified the schedule by advancing the first phase of transfer to the year 1985 and was to ar�ntinue through the 198b-87 bienniun; and WHIItEAS, the 1986 Legislature acted to elirninate the transfer o� N1VET f�ncls for the 198b-87 bienni�n; and WE�2FAS, the 1987 Legis7.ature acted to eliminate the transfer of MVET f�cls for the 198&-89 bienniun; and WI�tEAS, the roadway systems ulder the jurisdiction of State, (bunty, City and Township can rr� longer be maintained to minimal standards util iz ing current f�nding; and WHIItEAS, the liveability of Minnesota is highly dependent upon its transportation system of which the roadway systesn is the major artery; arul WI�2F,AS, a major p�rtion of the roadway system in the state is over 40 years old and in need of major repairs or recnnstruction; and W'HIItEAS, the roadway systesns will o�ntinue to deteriorate at a faster rate than currertt f�nc7s will prwide for future re�airs or rewnstruction; and WHIItFAS, the maj or issue is to prw ide a suf f icient f�ds to n�et the r�eeds of the total transportation system within the State of Minnesota; and WHEREAS, the Transportation Finance Study Commission has made reoomanendations to pravide additional fimding. Pac�e �ao - R�esol�ion No. - 19s8 NOW, . THEREFORE, BE IT RESC�VED by the City of Fridley that the city strongly endorses the State Legislature prov iding additional funding for transportation; and BE IT FUI�iER RL�'SCLVID sinoe the Transportation Finance Study Cqmmission rec�a►�nendations will prwide such additional. f�ding, the State Legislature is enoouraged to c�nsider ac3�ption of their recbmmendations as outlined in the Transportation Finanoe Study Commi.ssion's working draft cbc�ment dated January 7, 1988. A1�ID BE IT FTJI�IIt RF�CLVID that the State Legislature provide the neoessary finding to allaw for the o�ntinuation and completion of U. S. Highway 10 fran Iriterstate 35W West. Pg1.S.SID ArID ADOFtID BY THE QTY 00[I1V(�I, OF THE C[TY OF FRIDLEY THIS nAY OF , 1986. WII�LIAM J. I�E - N�,YOR AQTF�ST: 3iIRLEY A. HAAPALA - CITY Q,�RK 3!6/L1 11A 0 Engineering Sewer Water Parks Slreets Maintenance MEMORANDUM , , TO: Nasim Qureshi, City Manager FROM: �n G. F1ora,�Publ ic Works Director DATE: F+ebruary 18, 1988 SUBJECT: �i��Y �d�g PhT88-51 The City �gineers' Association has been oonoerned with the gast legisl ative actions irrvolving highway ftndings. At �heir last meeting in January, they supported the Transp�rtation Finanoe Study Camnission recaammendations for the gasoline tax and a mator vehicle excise tax transfer. This is the same issue that many of the Coimcil menbers attended at the Spring Lake Park High School meeting on February 3, 1988. �e City Engineers' Association has prepared a sample resolution in support of the Commission's rec�mnendations. I have added a paragraph supporting completion of Highway 10 to the resolutial. �F/ts Attad�aent 11B � FWDI.EY �] J 13a �-