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02/13/1989 - 5381RICK PRIBYL FINANCE DIRECTOR COUNCIL MEETING FEBRUARY 13, 1989 �n . �� y.� d� J r��µ ,��,�-;r>,.} �„ � :.�at; �C FR�LEY CITY COUNC�. f�p� FEBRUARY 13, 1989 - 7:30 P.M. The following are the ��ACTIONS TAREN�� by the administr.�tion for your information. APPROVAL OF MINUTES: Special Meeting, January 18, 1989 Approved Council Meeting, January 23, 1989 Approved ADOPTION OF AGENDA: Add: Item #31, Consideration of Awardinq Contract for I Millwork for Civic Center Remodelinq � OPEN FORUM, VISITORS: Roger �lohm spoke regarding volunteers to update the Handicapped Accessibility Booklet. PIIBLIC HEARINGS: Public Hearing on Street Improvement Project No. ST. 1989-2, Addendum No. 1 (Commerce Lane - 73rd Avenue to Osborne Road) . . . . . . . . . . . . . . . . . . 1 - 1 G Opened at 7:51 p.m. Closed at 8:18 p.m. PUBLIC WORRS--ACTION TAREN: Put item on next agenda for consideration � Council Meeting, February 13, 1989 PUBLIC HEARINGS (CONTINUED): Paqe 2 Public Hearing on Yard Waste Ordinance Amendment . . . . . . . . . . . . . . . . . . . . 2 - 2 K Opened at 8:18 p.m. Closed at 8:58 p.m. COMMUNITY DEVELOPMENT--ACTION TAREN: Item is on February 27, 1989 for first reading of an ordinance. Public Hearing on Community Development Block Grant Programs Opened at 8:59 p.m. Closed at 9:05 p.m. and Consideration to Approve 1989 Community Development Block Grant Programs . . . . . . . . 3 - 3 A Approved by 4 to 1 vote, Jorgenson abstained COMMUNITY DEVELOPMENT--ACTION TAREN: Proceeding as authorized Public Hearing on a Rezoning, ZOA #88-04 By Community Development Corporation for the Archdiocese of Minneapolis, and St. Paul, Per Section 205.09.01.C.7 of the Fridley City Code, to Allow Homes for the Elderly on Lots 1 through 16, Block 1 and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, Generally Located East of St. William's Church . . . . . . . . . . . . . . 4 - 4 K Opened at 9:06 p.m. Closed at 9:55 p.m. COMMUNITY DEVELOPMENT--ACTION TAREN: Item is on February 27, 1989 agenda for consideration. OLD BUSINESS: Consideration of a Special Use Permit, SP #88-15, by Community Development Corporation for the Archdiocese of Minneapolis and St. Paul, per Section 205.09.01C.7 of the Fridley City Code, to Allow Home for the Elderly on Lots 1 Through 16, Block 1 and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, Generally Located East of St. William's Church . . . . . . . . . . . . . . . . 5 - 5 I Tabled COMMUNITY DEVELOPMENT--ACTION TAREN: Discussing exterior materials with petitioner and will bring back recommendation to Council on February 27, 1989. Council Meetinq, February 13, 1989 OLD BUSINE88 (CONTINUED): Consideration of a Lot Split, L.S. #88-05, by Community Development Corporation for the Archdiocese of Minneapolis and St. Paul, to Create a Separate Parcel from the Norwood Addition to Fridley Park Plat to be Described as Lots 1 through 16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, Together with Vacated Alleys. The Site Totals 121,500 Square Feet and is Generally Located East of St. William's Church Abutting 5th Street N.E. . . . . . . . Paqe 3 . . 6 - 6 E Approved with four stipulations COMMUNITY DEVELOPMENT--ACTION TAREN: Informed applicant of Council approval with stipulations NEW BUSINESS: Consideration of First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley . . . . . . . . . . . . . . . . . 7 - 7B Approved on first reading CITY MANAGER--ACTION TAKEN: Have put item on next agenda for consideration of second reading Consideration of Setting a Public Hearing for March 6, 1989 for the Proposed Amendment to Section 4.06 of the Fridley City Charter . . . . . . . . . . . . . . . . . . 8 - 8 C Set Public Hearing for 3/6/89 CITY MANAGER--ACTION TAREN: Proceeding with setting public hearing for March 6, 1989 Consideration of Approval of a Development Agreement with Northco Business Park Approved and Consideration of a Resolution Approving a Final Plat, P.S. #88-02, Northco Business Park, . . . . . . . . . . . . . . . . . 9 - 9 LL Resolution 14-1989 adopted COMMUNITY DEVELOPMENT--ACTION TAREN: Petitioner notified of Council approval with stipulations. Council Meetinq, February 13, 1989 NEW BUSINESS (CONTINUED): Paqe 4 Receiving the Minutes of the Planning Commission Meeting of January 25, 1989 ..... 10 - 10 W Received A. Consideration of a Final Plat, P.S. #88-03, Glacier Park Company Addition, Being a Replat of that Portion of Lot 3, Auditor's Subdivision No. 79, Generally Located at 5510 Main Street N.E., by API Supply Company ..................... 10-10C & lOG-lOM PLANNING COMMISSION RECOMMENDATION: Approval with Stipulations COUNCIL ACTION NEEDED: Set Public Hearing for February 27, 1989 Set public hearing for 2/27/89 COMMUNITY DEVELOPMENT--ACTION TAREN: Public Hearing is set for February 27, 1989 B. Consideration of a Lot Split, L.S. #88-07, to Create a Separate Parcel from Auditor's Subdivision No. 94 to be Described as the South 140.00 Feet of the West 150.00 Feet of Lot 7, Subdivision of Lot 10, Except the West 75.00 Feet Thereof, Generally Located at 1300 Skywood Court N.E., by William Shields PLANNING COMMISSION RECOMMENDATION: Approval with Stipulations COUNCIL ACTION NEEDED: Consideration of Recommendation and Consideration of a Resolution Approving L.S. #88-07, by William Shields ............. 10C-10E & 10N-10W Tabled COMMUNITY DEVELOPMENT--ACTION TAREN: Contacting property owner on his plans for lot and will put item on February 27, 1989 agenda. Council Meetinq, February 13, 1989 NEW BUSINESS (CONTINUED): Page 5 Receiving the Minutes of the Special Planning Commission Meeting of February 1, 1989 . . . . . . . . . . . . . . . . . . . . . . 11 - 11 K Received COMMUNITY DEVELOPMENT--ACTION TAREN: Filed for future reference Consideration of Change Order No. 4 for the Fridley Municipal Center Improvement Proj ect No . 189 . . . . . . . . . . . . . . . . . 12 - 12 B Approved for $30,700 PUBLIC WORRS--ACTION TAREN: Proceeded as authorized Receiving a Petition No. 1-1989 from the Department of the Navy Requesting a Stop Sign at 51st Way Received and Consideration of Installing a Stop Sign at 51st Way . . . . . . . . . . . . . . . . . . . 13 - 13 E Approved PUBLIC WORRS--ACTION TAREN: Proceeded as authorized Receiving Petition No. 2-1989 from the Residents Along East River Road and Hartman Circle Requesting Roadway Improvements . . . . . . . . . . . . . . . . . . 14 - 14 G Received, and consideration of a Resolution To Anoka County Highway Department Regarding The Intersection of Hartman Circle and East River Road. Resolution 15-1989 adopted PUBLIC WORRS--ACTION TAREN: Proceeded as authorized Council Meetinq, February 13, 1989 NE� BUSINESS (CONTINUED)t Page 6 Consideration of a Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Water, Sanitary Sewer, and Storm Sewer Project No. 188 (Northco Business Park on 73rd Avenue) . . . . . . . . . . . . . . . . . . . . . 15 - 15 B , Resolution 16-1989 adopted PUBLIC WORRS--ACTION TAREN: Proceeded as authorized Consideration of a Resolution Receiving the Preliminary Report and Receiving Petitions and Waiving the Public Hearing on the Matter of the Construction of Certain Improvements: Water, Sanitary Sewer & Storm Sewer Project No. 188 . . . . . . . . . . . 16 Resolution 17-1989 adopted PUBLIC WORR3--ACTION TAREN: Proceeded as authorized Consideration of a Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Street Improvement Project No. ST. 1989-1 (Northco Drive) . . . . . . . . . . . . . . . . . 17 Resolution 18-1989 adopted PUBLIC WORRS--ACTION TAREN: Proceeded as authorized Consideration of a Resolution Receiving the Preliminary Report and Receiving Petitions to Waive the Public Hearing on the Matter of the Construction of Certain Improvements: Street Improvement Project No. ST 1989-1 (Northco Drive) . . . . . . . . . .' 18 - 18 B Received Petition 3-1989 and adopted Resolution 19-1989 PUBLIC WORRS--ACTION TAREN: Proceeded as authorized Council Meetinq, February 13, 1989 NEW BUSINESS (CONTINUED): Paqe 7 Consideration of a Resolution Receiving the Preliminary Report and Receiving Petitions to Waive a Public Hearing on the Matter of the Construction of Certain Improvements: Street Improvement Project No. ST. 1989-2 (University Avenue West Service Drive, 83rd Avenue to North 500') .... 19 - 19 B Resolution 20-1989 adopted PUBLIC WORRS--ACTION TAREN: Proceeded as authorized Consideration of a Resolution to Enter into a Contract with Sumek Associates, Inc. for Long Range Plans and Goals for the City of Fridley . . . . . . . . . . . . . . . 20 - 20 N Resolution 21-1989 adopted CITY MANAGER--ACTION TAREN: Proceeded as authorized Consideration of Awarding Bids for the Municipal Center Technical System . . . . . . . . 21 Received and awarded base bid to Electrosonic for $107,138.49, awarded Kodak VTS for $5,188.31, awarded 2 studio cameras for $8,549.99 each CITY MANAGER--ACTION TAREN: Advised bidder of awards and Prepare change order for A/B switch not to exceed $5,479 Consideration of Awarding the Telephone System Bids for the Municipal Center ...... 22 - 22 D �Received and awarded to GTE for $66,548 CENTRAL SERVICE--ACTION TAREN: Informed GTE of Council approval Council Meeting, February 13, 1989 , Paqe 8 NEW BUSINESS (CONTINUED): Consideration of Receiving and Awarding Bids for the Recreation Showmobile/ Portable Stage Unit . . . . . . . . . . . . . . . 23 - 23 A Received and awarded to low bidder, Wenger Corp. for $54,279 RECREATION & NATURAL RES.--ACTION TAREN: Corporation on 2/14/89 of Council approval. Notified Wenger Consideration of a Resolution to Enter into a Contract for the Purchase of Land for the North Satellite Fire Station . . . . . . . . . . . . . . . . . . . . 24 - 24 B Resolution 22-1989�adopted. Sale contingent on result of soil borings. This contingency to be included in purchase agreement CITY ATTORNEY�S OFFICE: Proceed as authorized FIRE DEPT.--ACTION TAREN: The City Attorney is handling the purchase of the property, and soil borings will be done by the Engineering Department as soon as we have right of entry Receiving the Minutes of the Charter Commission Meeting of November 28, 1989 ..... 25 - 25 D Received COMMUNITY DEVELOPMENT--ACTION TAREN: Filed for future reference Receiving the Minutes of the CATV Advisory Commission Meeting of January 19, 1989 ..... 26 - 26 F Received COMMUNITY DEVELOPMENT--ACTION TAREN: Filed for future reference Appointment: City Employee . . . . . . . . . . . 27 Concurred CITY MANAGER--ACTION TAREN: Informed accounting of new employee �I Council Meetinq, February 13, 1989 NEW BUSINESS (CONTINUED): Claims . . . . . . . . . . . . . . . . . . . . . 28 Approved CENTRAL SERVICE--ACTION TAREN: Paid claims Paqe 9 Licenses . . . . . . . . . . . . . . . . . . . . 29 - 29 B Approved CENTRAL SERVICE--ACTION TAREN: Issued licenses Estimates . . . . . . . . . . . . . . . . . . . . 30 Approved CENTRAL SERVICE--ACTION TAREN: Paid estimates Consideration of Awarding Contract for Millwork for Civic Center Remodeling .... 31 Awarded to Country Cabinets Inc. for $98,790 PUBLIC �ORRS--ACTION TAKEN: Informed Country Cabinets of Council approval Adj ourn : 0 February 9, 1989 m Mr. John Flora Director of Public Works City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Re: Fridley Munieipal Center Fridley, Minnesota Architectural Woodwork Contract � Dear Mr. Flora: The Bossardt/Christenson Company took bids for the architectural wood work on August 27, 1988. The lowest bidder that could produce a performance and payment bond was County Cabinets, Inc. Kraus Anderson Construction Company recommends that the City of Fridley approve the contract of Country Cabinets, Inc. for the architectural mil]. work in the amount of $98,790.00. If you have any questions regarding this bid proposal, please call me. Very truly yours, • KRAUS-ANpE��T CONSTRUCTION COMPANY iarvluas—u w auxCt;t,.� " Project Ma ager la:TJS ' �/ � MEMO TO: WILLIAM W. BURNS, C Y MANAGER � FROM: WILLIAM C. HUN , SSISTANT TO THE CITY MANAGER SUBJECT: AWARD OF CONTRACT FOR MUNICIPAL CENTER TECHNTCAL SYSTEM DATE: FEBRUARY 13, 1989 On Thursday, November 9, 1988, we conducted the bid opening for the Municipal Center Technical System at 4:00 P.M. at the offices of Electronic Interiors, 40 Mackubin Street, St. Paul, MN 55102. We received one bid from Electrosonic as follows: Base Bid $107,138.49 " Kodak VTS 5,188.31 � Nytone VTS 9,715.91 � Studio Camera�.- �`` 8, 549 . 99 �� j� �� >: �/,� � � It is the recommendation of the City's consultant, Marlo Johanson of Electronic Interiors, that the City Council award the base bid to Electrosonic along with two studio cameras for a total amount of $124,238.47. Other combinations are summarized on the attached sheet. In addition to the base bid and alternates the Council may wish to authorize a change order for the A/B switch which is estimated to cost $5,479.00. �� : VENDOR BID PROPOSALS FOR MUNICIPAL CENTER TECHNICAL SYSTEM THURSDAY, FEBRUARY 9, 1989, 4t00 P.M. BID BOND I BASE BID ( K VTSK I NY�S E I CAMERA Mr. Justin Brooks No Bid ' Alpha Video and Audio '� 7836 Second Ave. S. ! Bloomington, MN 55420 ; ; I Ms. Debbie Anderson No Bid ' Audio Visual Wholesalers ' 15395 31st Ave. S. Plymouth, MN 55447 Mr. R. Jeff Smith No Bid I, Soundsmith 0 S. 5th St. inneapolis, MN 55402 . Tom Tucker No Bid und Acoustics 437 Cecilia Circle dina, MN 55435 r. Bob Olsen No Bid aughn Communications 951 Computer Ave. S. inneapolis, MN 55435 r. Richard King 5� Electrosonic 6505 City West Pkwy. Minneapolis, MN 55344 ' Bob Weinberg No Bid Electronic Design i 2958 Cleveland Ave. N. St. Paul, MLN 55113 ; 107,138.49 � 5,188.31 �9,715.91 � 8,549.99 , � Base System � i 107,138 � � Base � Syste m � � 107,138 + Besfi S1ide + + Transfer System Studio Camera 9,716 8,550 � Good Slide + � Transfer � System Studio Camera 5,188 8,55� Studio Camera 8,550 Studio Camera 8,550 -�- � _ e Studio Studio Camera Camera 107,138 8,550 8,550 � Best Siide Transfer System 107,138 9, 716 Base � _ Syste m Good si�de — Transfer Syste m 107,138 5,188 �k A/B switch will add 5,479 to system cost. .= � package � 133,954 Package * 129,426 'Package � 124, 238 Package � 1 16,854 Package � 1 12,326 . CO Electronic interiors Package cor�parisons 13 February ,989 TH8 MINIITES OF TH8 SPECIAL EMFRaENCY MEETINti OF THL FRIDLEY CITY COIINCIL OF JANIIARY 18, 1989 �'HS MINQTES OF TSB BPSCI�L EMERGSNCY l�IB$TING OF T8B FRIDLSY GITY COIINCIL OF Jl�NQl1RY 18, 1989 The Special Emergency Meeting of the Fridley City Council was called to order at 9:43 p.m. by Mayor Nee. MEMBERS PRESENT: MEMBERS ABSENT: Mayor Nee, Councilman Fitzpatrick None Councilwoman Jorgenson, Schneider, Councilman and Councilman Billings OTHERS PRESENT: Bill Burns, City Manaqer Virgil Herrick, City Attorney Jock Robertson, Community Development Director Rick Pribyl, Finance Director Ross Daly, Fridley Focus David Kroos, Boarman and Associates Thomas Sackett, Kraus-Anderson Construction The purpose of this meeting was to review problems that have arisen with Bossardt-Christenson, the contractor for the Civic Center proj ect. Mr. Burns, City Manaqer, stated he learned about the split of Bossardt-Christenson Construction shortly after the Christmas holiday season and staff has had two weeks to respond. Mr. Robertson, Community Development rumors the Friday before New Year's confirmed the following Tuesday. Director, stated he had heard about this problem and it was Mr. Burns stated meetings were held with Mr. Bossardt and Mr. Christenson separately. He stated in the meeting with Mr. Bossardt, he was emphatic about not wanting to accept this job. Mr. Burns stated with this split, the Construction Manager, Ren Braun, became an employee of Mr. Bossardt. He stated Mr. Bossardt was asked about the possibility of using Mr. Braun's services until the project was completed. Mr. Burns stated he was advised if the City wished to retain Mr. Braun, additional fees would have to be paid even though he beqan this project with the City. Mr. Burns stated meetings were held with Mr. Bossardt and Mr. Christenson present and it was indicated to both of them that the City was looking at another contractor and obtaining quotes. He stated it seemed at that point they were willinq to get together and reconsider their position. He stated the City demanded the services of Ken Braun, Jim Eichman, and Mary, the Secret$ry, at the same contract price. _ Mr. Burns stated in responding to the City's request, it was SPECIAL BMERGBNCY 1dBSTINa OF JANQARY 18, 1989 PAGE 2 indicated that Mr. Christenson would continue the project with his employee, Bob Scarsdon, to serve as a replacement for Mr. Braun. He stated if the City wanted to reassign the contract to Mr. Bossardt, the additional cost would be between $25,000 to $27,000 for these services. Mr. Burns stated, at this point, meetings were held with Mr. Tom Sackett, Project Manager, for Kraus-Anderson Construction Company to determine his terms for taking over the Civic Center contract. He stated a final meeting was held by staff and the conclusion was the City had three choices to either (1) reassign the contract to Mr. Bossardt; (2) reassign the contract to Mr. Christenson; or (3) reassign the contract to Kraus-Anderson. Mr. Burns stated several questions were raised by staff, as shown in the outline submitted to the Council, regarding Bossardt- Christenson's work and the capabilities of the newly created company headed by Mr. Christenson. He stated one question was if there was doubt about the Christenson firm, if it warranted paying additional costs to involve the services of either Mr. Bossardt or Kraus-Anderson and would a conversion to either of these persons, benefit or detract from the successful completion of the City's project. He stated another question considered was if there was a change of construction managers, if it would create tension and delays among the contractors. Mr. Burns stated another consideration was if construction materials were stored off-site and to what extent there may be a legal contest. Mr. Burns stated in answer to some of these questions, staff reviewed the deficiencies in Bossardt-Christenson's work, the future capability of the Christenson firm, cost benefit from a change of construction management firms, potential delays and other problems, and possible legal problems. He stated different persons were asked to identify deficiencies they felt existed in the Bossardt-Christenson work. Mr. Burns stated Rick Pribyl identified the lack of conformance in providing comparative bids for each of the contracts that were let and the inability or willingness to provide pay estimates in a timely and accurate manner. Mr. Burns stated in every case, vouchers were late and were not accurate. Mr. Burns stated Mr. Rroos, Project lrtanager for Boarman and Associates, indicated there was poor management of the bidding process, lack of familiarity with construction documents, poor enforcement of submittal and approval processes, absence of a construction schedule, and lack of commitment to the project on the part of the Bossardt-Christenson management. Councilman Schneider asked if they were paid every month, if all of these problems were occurrinq. '_sl: ' t : 1: . ; c • �_�1�1�_• t : Mr. Burns stated payments were stopped in September, not necessarily because of these problems, but because of the schedulinq problem. Mr. Burns stated in reqard to the future capability of the Christenson firm, the staff does not feel that the City's project will be well served by continued reliance on this firm. He stated the problems and deficiencies experienced to date would seem to indicate a complicated project future. Mr. Burns stated although the potential additional cost is high (up to $29,000), it is felt there is sufficient reason to absorb this additional cost and proceed with another project management firm. Mr. Burns stated he believed in the long run, a new project management firm would actually speed up the project and permit its completion at the earliest possible date. He stated while a change to a new project management firm may create some tensions among contractors, he believed, for the most part, the opposite will be true and most contractors would welcome the change. He stated a new project management firm will examine the contracts and pay- outs, as well as provide a hiqhly coordinated process. Mr. Burns stated it is difficult to say whether or not the City will have problems with the Christenson firm if the decision is made to change to a new project manager. He stated staff has learned that no construction materials are stored off-site and believed there are no records or other materials that could potentially be withheld to delay the project. He stated the City Attorney, Virgil Herrick, feels very confident the City has a strong legal defense for any actions that may be taken aqainst the City. He stated staff has not seriously discussed any legal action that could be taken against the contractor. Mr. Burns stated it is recommended that the project management contract be assigned to the Kraus-Anderson Construction Company and that a letter of contract cancellation be sent as soon as possible to both Bossardt and Christenson. Mr. David Kroos, Project Manager, Boarman and Associates, stated in regard to Bossardt-Christenson's performance, there was poor management of the biddinq process and 47� of the items were either not bid or had to be re-bid because they were over budget. He stated they had no information on bid results until two weeks after they were received. He stated Bossardt-Christenson was told the bids had to be put toqether in a clear, concise manner and information was incomplete and not formatted. Mr. Rroos stated Bossardt-Christenson was asked to make a thorough review of the documents before they went out to bid. He etated when a meetinq was held for this purpose, Mr. Christenson did not attend and Mr. Bossardt's comments were minimal. Mr. Kroos stated he felt it was obvious they did not thoroughly review the documents. ��:_�: ' t _1: c • ��jl Mr. Kroos stated there was poor enforcement and control of the submittal and approval process, as stated in the specifications for all contractors. He stated Bossardt-Christenson was not reviewing shop drawings which was part of their responsibility. He stated concrete pours had started before shop drawings had been approved and, in several cases, contractors ordered materials prior to shop drawing submittals and approval. He stated from his point of view, they were strictly operating at their own risk as they were not enforcing the process. Mr. Kroos stated on the concrete pours, testing was required and tests were not taken at all or taken under irregular conditions. Councilman Schneider asked if there is a problem with the concrete that was poured. Mr. Kroos stated as it turned out, there was not a problem, but the concrete strenqth is a little less than specified, but adequate for the structure. Councilman Schneider asked if the City staff was made aware of this problem. Mr. Kroos stated they would have been advised if something had to be removed. He stated in these cases it is not unusual for early testing samples to fail and there is a 21 day waiting period before final testing. He stated if these samples had failed, it would have been necessary to take samples of the actual core. He stated the fact remains they were doing this work at great risk and no one was forcing the contractor, Park Construction, to camply with the testing procedures. Mr. Kroos stated no construction scheduled has been submitted and it negatively affects contractors and adds uncertainty to the schedule of items outside the initial contract, such as furniture, equipment, and the telephone system. Councilman Schneider stated the Council has requested reports every few weeks on how this proj ect was proceeding. • He stated he was upset as he was led to believe everything was going smoothl�. Mr. Kroos stated it is proceedinq at a tolerable rate. He stated if shop drawings are not checked, they are sent back to Bossardt- Christenson. He stated people from his office and the City staff are pushing to get these things done. Councilwoman Jorgenson stated she thought things were proceeding on schedule and all of a sudden there are problems and she wonders why the Council was not informed. Councilman Schneider stated if what they are hearing is true, action probably should have been taken several months ago. �P$CIAL $MERG$NCY 1[E$TIHa OF J�NIIARY 18. 1989 PAQE 5 Mr. Kroos stated there were problems, but they were correctable. He stated if Mr. Ren Braun had continued with Mr. Christenson, these items would have been corrected. He stated Mr. Christenson has not been involved in the project hardly at all� and with Ken Braun now being an employee of Mr. Bossardt, all of the continuity is lost. Councilwoman Jorgenson stated if there have been some irregularities in regard to the concrete testing, and problems in the future, who would be responsible. Mr. Kroos stated if all the testing procedures were followed, the contractor responsible for that particular work would have to replace it and this would be enforced by the Construction Manager. Councilwoman Jorgenson asked who would be responsible if the City changes Construction Managers. Mr. Kroos stated the Construction Manager is not directly responsible, but the contractor would be as he is under contract to the City for the work. Mayor Nee stated he understands the Construction Manager is an agent for the City. Mr. Herrick stated that is correct and he is like an employee of the City. Mr. Kroos stated he felt there is a lack of commitment to the project on the part of Mr. Christenson and he was operating on a very superficial level. He stated Mr. Christenson attended the construction meetings, but he did not have any contact with him again until the next meetinq. He stated Ken Braun has dealt with the issues to the best of his ability. Councilwoman Jorgenson asked Mr. Kroos if he could substantiate these comments if it comes down to a legal confrontation. Mr. Kroos stated he cannot substantiate these things himself because he has not followed Mr. Christenson around. He stated based on his knowledge of the issues, he sensed Mr. Christenson was there to qive the illusion of involvement. He stated he has checked with others and they have confirmed that this was the level at which Mr. Christenson was operating. Mr. Itroos stated Bossardt-Christenson was not aggressively pursuinq the best prices on the City's behalf. He stated some minor modifications were made and felt the price for these changes was too high. He stated, in one case, he contacted the contractor directly which resulted in a price reduction. Councilman Billings stated a meetinq was held in June of 1988 at the City Hall with Nasim Qureshi, Jock Robertson, Councilman BP$CIAL $MBRG$NCY l�$TING OF JANOARY 18, 1989 PAGE 6 Schneider and himself in attendance. He stated they met with Mr. Christenson, Ken Braun, Dave Rroos and Mr. Boarman. He stated at that point, there were rumblings regarding some coordination problems between the architectural firm and construction management firm. He stated he left the meeting with the feeling that Mr. Boarman was unhappy with the work of Christenson. He stated with Ken Braun on the project, the situation improved greatly and it was felt the project would move alonq expeditiously with a minimum number of problems. He stated the architect at that time was not 100� behind Bossardt-Christenson, but it seemed to be the consensus the project was far enough along that the City should not change construction managers. He stated the reason the contract remained with Bossardt-Christenson was because of Ken Braun's involvement. Mr. Kroos stated he believed Councilman Billings statement is a fair assessment of this meeting. He stated they requested Ken Braun become more involved, but did not feel Bossardt-Christenson fulfilled the commitment made at that time. Mr. Robertson stated if the City would have changed firms, at that point, the work would have had to be re-bid. Councilman Schneider stated with all these uncertainties and deficiencies, he felt the Council should have been informed. Mr. Robertson stated not all things were going smoothly with Bossardt-Christenson, but by working with the architect, the project was proceeding. He stated items were coming in late, but all the extra work that needed to be done was being completed. Mr. Kroos stated the work was proceeding, but others had to cover areas that were Bossardt-Christenson's responsibility. Mr. Pribyl, Finanee Director, stated his major concern was, in the bidding process, the City needed information to substantiate the awarding of the bids in regard to who obtained the award and the price. He stated this information was not submitted. Mr. Pribyl stated pay estimates were not submitted on time which placed his department in a bind for their review. He stated numerous errors were discovered and detailed summary sheets did not correspond with the figures. He stated the errors being found should not exist. Mayor Nee questioned if the low bid was actually awarded if there was a lack of documentation in the bidding process. Mr. Rroos stated he has never seen the actual bid forms submitted by the contractors. He stated he has seen the summary sheets which list the contractors and their respective bids. Mr. Burns stated he understands contracts were awarded to low bidders that have not been able to provide the performance bond. SP$CI�L �RQ$NCY i�8TIN0 O� Jl�TVl�RY 18. 1989 PAGB 7 lYtr. Burns introduced Mr. Thomas Sackett, Project Manager for Kraus- Anderson Construction Company, to explain his proposal to the City. Mr. Sackett thanked staff and the Council for allowing him to present Kraus-Anderson's proposal. He stated he has met with staff and has walked through the project. He stated he has reviewed the last change orders and some that have already been implemented. Mr. Sackett stated their construction manaqement proposal to complete the addition and remodeling of the Civic Center and the two-level parking facility under construction would be for a fee of $42,500. He stated this fee would cover the project accounting that is required as there are still some items left to bid. He stated they would review all contracts, change orders, performance • bonds, and insurance certificates. Mr. Sackett stated they would check pay requests for accuracy for work done to date. He stated shop drawings will have to be reviewed to make sure they are coordinated with sub-contractors. Mr. Sackett stated Rraus-Anderson would prepare a construction schedule. He stated suggestions will be made to expedite this project and get it completed. He felt if materials have been procured in a proper manner, completion for the entire project could be obtained in 10 to 12 weeks. Mr. Sackett felt if there is a delay in delivery of materials, they could work around that area. Mr. Sackett stated they have done business with 70� of the sub- contractors on a reqular basis and have a good rapport with these contractors. He felt they could have a very comprehensive schedule within two weeks. He stated they would have to meet with the sub- contractors to check their projected times for delivery of materials and meet with staff to determine their needs. He stated the timetable for delivery of the furniture, office systems, and equipment for the Council Chambers would also be included in the schedule. Mr. Sackett stated if the City accepts Kraus-Anderson's proposal, he and an on-site Superintendent, Brian Turnquist, would be the ones involved with this project. He stated Mr. Turnquist is very experienced and has just finished work on a bank in Bloomington. Councilwoman Jorgenson asked Mr. Sackett if he has ever taken over a project before as in this situation. I�z�. Sackett stated he has taken over projects where the needs of t�he owner have not been met. He stated contracting is a real different business and a lot of people who consider themselves professionals really are not, as they do not understand the process. I�r. Sackett stated he has done a lot of public vork and knows how pay requests have to be applied. He felt contractors need to be paid on time and is the key to motivation for the work BPECIAL $M$RGBNCY l[$$TING OF JANUARY 18, 1989 PAGE 8 to be completed. Mr. Sackett stated they did submit a bid for this project, but their bid was $2,000 over the Bossardt-Christenson bid. He stated he knows the requirement is for the City to accept the low bid. Mr. Robertson stated the most desirable situation would be for the on-site Superintendent to remain during the transition period. Mr. Sackett stated this is one possibility and it would probably be beneficial, however, he did feel they would need to have their own Superintendent. Mr. Robertson stated he was referring only to the transition period. Councilman Billings stated the Construction Superintendent is an independent contractor and specifically hired for this project. He stated Bossardt-Christenson may not have a place fo� him and he may need the work. Councilman Billings asked if there would be some advantage to retain Jim Eichman for three or four weeks during the transition. Mr. Sackett felt they could make the transition in the seven day notice period. He felt Kraus-Anderson would provide more dedication and the remaining 10 to 12 weeks will be most critical. Mr. Sackett stated it is not much of a problem to step in and motivate the contractors. He felt a lot of them probably want to have a schedule and more direction provided. Councilman Billings stated he understands Mr. Turnquist would be working full-time on this project and Mr. Sackett's maximum time on the project would be part-time for 12 weeks. He stated if Mr. Sackett does not need to spend as much time on the project as was anticipated, he understands part of the fee would be returned to the City. Mr. Sackett stated he expected the first two weeks he would be working full-time. He stated within the next 12 weeks, he does not have direct responsibility for any other projects. Councilman Billings stated he understands the City would pay $11,250 for Mr. Sackett's and Mr. Turnquist's salaries and the $42,500 is the overhead, accounting, and secretarial work. Mr. Sackett stated he wants the City to feel comfortable they will not have problems. He stated they have procedures they follow and would have to convert where this project is now to close it out under those guidelines. $BSC��L EI�ERG$IdCY 1XE$TINQ OF Jli11TQl�RY 18, 1989 P�G$ 9 Councilman Billinqs asked Mr. Sackett if they have worked with the architect, Boarman and Associates, in the past. Mr. Sackett stated they have and Boarman and Associates is a qood firm. Councilman Schneider asked the total contract price with Bossardt- Christenson. Mr. Robertson stated it was for $78,000 and they have been paid 70$ of this figure or $54,600. He stated all of Bossardt- Christenson's services, Ron Christenson's salary, and Ken Braun's salary was paid from this $78,000. He stated Jim Eichman's salary was paid out of the $175,000 general expense budget of which a little over $43,000 has been spent. Councilman Schneider asked the additional cost if the City would make a change in construction management firms. Mr. Robertson stated taking these two budgets into consideration, he felt they could work it out where the total contract would not change. He stated the construction management fee would be increased, but the general expenses would be less than what they budgeted. Mr. Kroos stated it is a matter of how this expense fund is managed which determines how much will be spent. Mr. Robertson stated he and Mr. Sackett discussed placing a cap on how much more would be spent for qeneral expenses. Councilman Schneider asked how much additional would be spent. Mr. Robertson stated if the general expenses were the same for either Bossardt-Christenson or Rraus-Anderson, the additional amount spent is up to $29,000. Councilman Schneider asked if the City has legal recourse to recoup the additional costs which were caused by Bossardt- Christenson not complying with their contract. Mr. Herrick, City Attorney, stated his office is not involved in these contracts on a day-to-day basis. He stated he reviewed the initial contract and made some comments and suggestions as to aaodifications on the contract, most of which were incorporated into the contract. He stated h� raised questions on whether there would be a problem with coordination between the Project Manager and architect. He stated the questions were not answered at the time, but answers were emerging that, in this situation, there were some problems. Mr. Herrick stated he and Dave Newman have become involved from time to time when Jock Robertson came to him with problems that BP$CIAL EMERQBNCY itEETINa OF J�NOARY 18. 1989 PAaB 10 could have involved eome legal issues such as contracts issued without the prevailing waqe. He stated he thought some contractors had begun work before their contracts were signed. He stated this bothered him and he so advised Ken Braun. Mr. Herrick stated he was also involved when it was discovered that one of the sub- contractors had not provided a performance bond. Mr. Herrick stated this was, basically, his involvement until the time he was advised that Bossardt-Christenson was going to split. He stated since that time, he has had a fair amount of involvement and has attended some of the meetings. He stated the question was raised if the City was on good qrounds, as far as canceling the existing contract. He stated he has outlined the valid reasons in a letter to the Council and felt comfortable, from a defensive standpoint, in canceling the contract. Mr. Herrick stated he is not prepared at this time to qive an answer on the City's position should the contractor seek to recover damages. He stated it appears there are grounds the contractor would not perform the duties according to the contract. He stated if this can be substantiated, the City would have a claim for breach of contract or negligent performance. He stated the question is what are the damages. Mr. Herrick stated he did not believe anyone could answer this until the project is completed. He stated a lot of auditinq of the books will have to be done and a determination made if the project is within the budget. He stated if it is over the budget, the question will have to be answered if this can be associated with the way the project was managed. He stated it will take a lot of accounting work, verification, and testimony by people who are experts in the construction field. Mr. Herrick stated it would appear the City could make a claim for the additional $29,000 cost, however, if the project is completed under the budgeted amount, it may be hard to justify such a claim. Mr. Herrick stated he would be comfortable with the Council's decision to change construction manaqement firms, if they so desire. Mayor Nee asked who the City would sue since Bossardt-Christenson no longer exists. Mr. Herrick stated because the City's contract is with Bossardt- Christenson and if they cease to exist, it may very well be a problem. Councilwoman Jorgenson cited Article XII, Section 6:1 of the aqreement with Bossardt-Christenson and felt they are bound by this Article. Mayor Nee stated the City awarded the contract for this project to the low bidder which is, qenerally, qood public policy. SPBCIAL ElriBRG$NCY lIEgTI�Q OF JANUl�►RY 18. 1989 PAaB 11 Mr. Herrick stated there was no way to anticipate that Bossardt- Christenson was qoinq to dissolve the partnership. Councilman Billings stated from the figures presented in the oriqinal bidding p�ocess, he would assume that Rraus-Anderson's fee would have been $80,000 since they were $2,000 over Bossardt- Christenson's bid. He stated their fee now to take over the project is $53,750 which he felt was a little disproportionate, since the project is about 65$ complete. Mr. Sackett stated Kraus-Anderson feels they are taking the biggest risk, as it will take a lot of expertise and professionalism to complete the project. He stated this is a risk Bossardt- Christenson will not even take and complete the project. Mr. Sackett stated they have to duplicate services which were not done in the first place. Councilman Billinqs stated even though the project is probably 65$ complete, Kraus-Anderson's current proposal is about 70$ of the $80,000 fee quoted in their original bid. Mr. Sackett stated the fee is about one-half of what was submitted when the project was originally bid, but does increase when you add the hourly pay for the Project Manager. He stated this is a different situation now than if they would have been awarded the contract oriqinally. Councilman Billings stated he did not feel that Kraus-Anderson would have to duplicate almost 40� of the work already done by Bossardt-Christenson. Mr. Sackett stated he hoped that the project would not take as much time as projected and some fees could be returned to the City. He stated he felt the City has paid for somethinq they did not receive. Councilman Schneider asked what would happen if there are major construction problems. Mr. Sackett stated the City would be in a better position to take legal action against Bossardt-Christenson. Mr. Herrick stated he did not know if major structural problems t�ould be encountered, but probably problems with the paperwork or performance bonds. Councilwoman Jorgenson asked Mr. Sackett if any information they uncover would be substantiated by Rraus-Anderson and if they would be willing to qo to court with the City, if leqal action is taken aqainst Bossardt-Christenson. Mr. Sackett answered in the affirmative. SPECIAL �RG$NCY 1dE8TIN� OF JAIdII1,RY 18. 1989 PAQ$ 12 Mr. Robertson stated when the City entered into the contract in February, the concept was that Bossardt-Christenson would be paid on a pro-rated basis based on the construction schedule. He stated at that time, the preliminary contract schedule was for ten months beginning in April and ending the first part of February, therefore, there would be ten equal payments. 1�. Robertson stated by September, it became clear the construction schedule would be much longer. He stated staff was able to negotiate a verbal agreement where they would not submit any more invoices until about 70� of the work was completed. Mr. Herrick stated Bossardt-Christenson may sue for either the balance of the fee or a percentage of it. He stated if that happens, the City would undoubtedly file a counter claim. He stated he would recommend Bossardt-Christenson not receive any further payments at this time. Mayor Nee asked how much has been encumbered under Bossardt- Christenson's direction. Mr. Robertson stated out of the total budget of $3,497,000, the contracts awarded to date are $3,306,000. Mr. Herrick asked what percentage of the work has been completed and how much they have been paid to date. Mr. Burns stated these figures were given to the Council in their packet. Mr. Pribyl stated the information given to Council was up to date as far as listing all the contracts, change orders, and estimates approved. Iie stated it does not include the fourth pay application request which was received today. Mr. Herrick stated they would probably argue they were entitled to 90� based on the original contract. He stated the City would argue they did not perform or neqligibly performed and would probably enter into some compromise or lawsuit at some later date. He stated one point he felt is significant is the increase cost to the City is less than 1$ of the total. MOTION by Councilman Billings to direct staff to inimediately terminate the contract with Bossardt-Christenson Corporation for failure to adequately perfona under the terms of the contract. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the letter of January 16, 1989 from Kraus-Anderson Construction Company to William W. Burns, City Manager. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried Bp�CIAL SM$RG$NCY MEBTINa OF Jl�iIIARY 18, 1989 PAa$ 13 unanimously. MOTION by Councilman Billinqs to direct staff to prepare a letter of intent to hire Rraus-Anderson Construction Company as Construction Manager to complete the Civic Center project along the lines of the January 16, 1989 letter to William W. Burns, City Manager. Seconded by Councilman Fitzpatrick. Upon a voice vote, all.voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff and particularly the City Attorney to investigate the City's option for recourse against Bossardt-Christenson, Bossardt and/or Christenson, and to bring back a report to the Council at the appropriate time as to their recommendation. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick stated they will submit a report, but should emphasize the final figures will not be known for some time. Councilman Schneider felt if something is going wrong, the Council should be advised. He stated he is upset with staff, not because of Bossardt-Christenson'e split, but because of things that were happening and they were not notified. Councilman Fitzpatrick stated in the list the Council received twice a week, they were told everything was on schedule. Mr, Robertson stated when the Council proceeded with this project in August, 1988, a budget and a timetable for completion were adopted. He stated from the report of Bossardt-Christenson at the last construction meeting, indications were the project is still within budget and on schedule. Mr. Robertson stated, in response to Councilman Schneider's earlier question if there was a concrete problem, they did have to wait until the end of the curinq period for the concrete stress tests. He stated at the end of this period, it was concluded there was not a problem. Mr. Kroos stated the point is Bossardt-Christenson has not been the party enforcing this process and his company, as the architect, and Jock Robertson, as staff, has undertaken the task. He stated Bossardt-Christenson has not been doinq their job. Mr. Robertson stated there is a series of maddeninq questions every week and the question is to what extent does he involve the Council. ' Mr. Kroos stated he has been involved in many construction projects and staff and the architect are mutually confronted with problems $PECI�L BMERGSNCY l�EBTING OF J!lNUARY 18, 1989 PAGE 1� on a daily basis. He stated he felt it is their responsibility to take care of those things and not bring them to Council. Mr. Robertson stated he feels very responsible, however, if he reports everything that may not be going smoothly, it may be raising false problems. He stated he attempts to bring the big policy issues to the Council. He stated except for the fire station portion being late, they are generally on schedule and within budget. Mr. Kroos stated reflecting back on the meeting in June, where they had serious doubts about Bossardt-Christenson's ability to manage the project, the decisibn was to proceed with that firm. He stated although it was not an ideal relationship, it was decided it was the best course of action. Councilwoman Jorgenson stated next week the Focus will report some of these problems which the Council was not even aware of up to this point. Mr. Herrick stated if Bossardt-Christenso� had not split, he doubts that the Council would be meeting at all this evening. Councilman Schneider stated he understands what to submit to Council is a judgment call on staff's part. Councilman Billings stated except for the problems the Finance Department has encountered with the paperwork, he did not see any major problems, but minor irritations and the loss of continuity by losing Ken Braun. He stated he is not as disappointed with staff as others on the Council. He stated he is thankful staff does not come to them with every little problem. Mr. Kroos stated the problems that were encountered with the concrete and shop drawings are not unfamiliar to them. He stated they encounter these things all the time. iie stated in public jobs, you may not get the contractor you want, but have to award the contract to the lowest bidder and that may or may not prove to be beneficial. Mr. Burns asked Mr. Sackett how many weeks it would take to prepare a construction schedule. Mr. Sackett stated 10 to 14 days. Mr. Burns asked Mr. Sackett to come back to the Council when the schedule is completed. Mr. Burns stated the staff was made aware cf another possible problem today in that there may not be sufficient restrooms on one of the floors. He stated Mr. Rroos is reviewing this matter. Mr. Kroos stated if it is the desire to provide additional $�ECIAL BMBRQENCY ItEBTI�a OF JlII�TIIl�RY 18. 1989 PAQ$ 15 restrooms, he felt there is sufficient space to locate these and they are preparinq the document and costs to add the restrooms. He stated they hope to obtain two quotes for this work, one for zough-in work and one to complete the work. Mr. Daly, Editor of the Fridley Focus, stated he would like the minutes to reflect that this was a rare emergency meeting, but staff did notify the press so coverage could be provided and thanked them for this notice. _ � • .!� MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Special Emergency Meeting of the Fridley City Council adjourned at 11:50 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: __ _ _ T88 MINOTEB OF THE FRIDLEY CITY COIINCIL ME$TINa OF, JANQARY 23, 1989 TSB MINIITBB OF TH8 REGQLAR 1[S$TING OF TH8 FRIDL�Y CITY COIINCIL OF JIi1NQ]i1RY 2 3 . 1989 The Regular Meeting of the Fridley City Council was called to order at 7:53 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: I�ayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: APPROVAL OF MINUTES: Mayor Nee, Councilman Schneider None Councilman Billings, Fitzpatrick, Councilman and Councilwoman Jorgenson COUNCIL MEETING. JANUARY 9. 1989: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �DOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response from the audience under this item of business. OLD BUSINESS• l. ORDINANCE NO 919 APPROVING THE AMENDMENT OF THE FRIDLEY CITY CHARTER SECTIONS 2 03 (ELECTIVE OFFICERS), 4.02 (REGULAR MUNICIPAL ELECTIONS) AND 4.03 (PRIMARY ELECTIONS): MOTION by Councilman Billings to waive the second reading of Ordinance No. 919 and adopt it on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Ma.yor Nee declared the motion carried unanimously. Mayor Nee requested the Charter Commission be notified of the Council's action on the amendments. � � �i� �1: � r. • � � : �l�1 � 2. RESOLUTZON NO. 7-1989 TO ENTER INTO A CONTRACT WITH A �UBSTITUTE CONSTRUCTION MANAGER FOR THE FRIDLEY MUNICIPAL �ENTER: Irtr. Herrick, City Attorney, stated after the special Council meeting last week, several other meetings were held with staff to discuss the implementation of the change in construction managers for the Civic Center. He stated at one meeting last week both Mr. Bossardt and Mr. Christenson and their attorneys were present, and they were advised of the action taken by the Council. Ha stated it was requested they enter into an agreement to terminate the contract and waive the seven day period. He stated at this meeting the City's concerns about obtaining various documents needed for the project was also discussed. Mr. Herrick stated the results of the meeting have been summarized in a letter and one of the attorneys representing Bossardt- Christenson has agreed to the proposals discussed. He stated Bossardt-Christenson made a request for additional payment on the contract and they were advised this would not be forthcoming at least until the project was completed. He stated Bossardt- Christenson asked if the City would agree to release them from liability and they were advised the City would not agree. He stated the final result was an agreement to terminate the contract and waive the seven day period and to leave open the possibility of bringing a future claim, contingent on the Council's approval of the pay order in the aqenda this evening. Mr. Herrick stated in addition to this pay order, there will probably be one more for Bossardt-Christenson's expenses. Councilman Schneider stated he understands no more payments will be made to Bossardt-Christenson from the construction management fee. Mr. Herrick stated they would be reimbursed only for their actual expenses. Mayor Nee asked if the fees which are not being paid now will have to be paid at the time the project is completed. Mr. Herrick stated the City did not make this commitment, but left that question open on whether Bossardt-Christenson has any claim against the City or if the City has any claim against Bossardt-Christenson. l�r. Herrick stated the contract with Kraus-Anderson is a basic 1lmerican Institute of Architects' form. He stated Article 26, the last page of the printed AIA form, has several changes. He stated the amount to be charged to the City for insurance has been included. He stated in the second paragraph on that page, Kraus- Anderson indicated they wanted a 3� fee if there was a change in scope of the project. He stated it was agreed to include this in the contract. Mr. Herrick stated Exhibit A includes the fee ?�IDLEY CITY COIINCIL 1�S$TI�a OF JANIIARY 23, 1989 P�aE 3 arranqement with Rraus-Anderson, and believed it is consistent with the proposal before the Council at their special meeting last week. He stated he has not been involved in the fee neqotiations, but understands it is the same. Mr. Herrick stated the amount Mr. Sackett will receive is included and will not exceed $11,250, and the overall portion of the administrative contract is not to exceed $42,500. He stated the reimbursable costs are spelled out and conditions and time of payment. Mr. Herrick stated Exhibit B has some modifications to the standard AIA form that relate to the arrangement with the architect. He stated there is a limitation on the amount of arbitration. Mr. Herrick stated Exhibit C is an indemnification agreement which states Kraus-Anderson would not be responsible for any work before they began as construction manager of the project. Councilman Fitzpatrick asked who would be responsible. Mr. Herrick stated Bossardt-Christenson to the extent they are a responsible party. Mayor Nee asked to what extent the Council is involved in change orders. Mr. Herrick stated there have been a number of change orders. iie stated the City Manager was given authorization by the Council to approve change orders up to a certain amount. Mr. Burns, City Manager, stated there have been about $40,000 to $50,000 in chanqe orders. Mr. Herrick stated one of Mr. Sackett's concerns was tfiat he would have to review all the change orders. Mayor Nee asked if Kraus-Anderson wants the 3g fee on change orders already issued. Mr. Herrick stated he is not sure, but this is not in the contract. He stated the 3� applies to a change of scope, but does not indicate any fee for change orders. Mayor Nee questioned what "change of scope" means, as it is not defined. Mr. Herrick stated a change in scope would be a major modification as to the size or nature of the project. Mr. Burns stated the most likely change would be the addition of some restrooms. He stated this may be a change of scope, but 3$ of the cost for this addition would not be significant and probably would amount to only about $600 or $700. I+IOTION by Councilman Schneider to adopt Resolution No. 7-1989 to enter into the contract with Kraus-Anderson. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLBY CITY COIINCIL ltBETING OF J�NQARY 23, 1989 PAQ$ � Councilman Schneider stated he would like an update on any major issues involved with the Civic Center project. Mr. Burns stated after the new consultant has had time to assess the project, review contracts, and develop a schedule, he planned to have a work session with the Council to discuss the total scope of the project. He stated this would probably be submitted to the Council by mid-February. He stated if Council feels there is a need for a report before this time, he would include an update in the next City Manager's report to the Council. Councilman Schneider felt he would like a list of items staff considers major problems, and include this in the next City Manager's report. 3. RECEIVING THE MINUTES OF THE PLANNING COMMISSZON MEETING OF y�►NUARY 11, 1989• A. CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-17 TO ALLOW A CHURCH IN AN R-1, SINGLE FAMILY DWELLING �ISTRICT ON LOTS 1, 2. 4, 5, 6, 17 AND 33, MELOLAND SARDENS. GENERALLY LOCATED AT 1401 GARDENA AVENUE N.E.. BY ISLAMIC CENTER OF MINNESOTA: Ms. Dacy, Planning Coordinator, stated this is a request for a special use permit to allow church activities on the former site of Gardena Elementary School. She stated this facility is now operated by the Islamic Center and they wish to use the building to conduct Sunday School activities for about 200 children and other recreational activities. Ms. Dacy stated the special use permit is to conduct church worship services on Friday afternoons attended by about 40 persons and also on holidays during the year where 400 to 500 persons will attend. She stated on Friday afternoons the worship services would be in the library and on the two special occasions in the year, the services will be held in the qymnasiwa. Ms. Dacy stated the Islamic Center has entered into a parkinq agreement with Totino-Grace Iiiqh School to use their parking facilities. She stated it is adequate to satisfy the parking requirements. Ms. Dacy stated the Planning Commission has recommended approval of this special use permit with seven stipulations. Ms. Dacy stated in regard to Stipulation 2 to combine the individual lots into one tax•parcel, the City Attorney's office has found this to be acceptable. Ms. Dacy stated at the Planning Commission meeting a resident euggested that a special use permit for any expansion of the FRIDLEY CITY COIINCZL !iS$TINa OF Jl�TQl1RY 23, 1989 PAGE 5 parking lot be conditioned on two-thirds approval of the property owners in the neiqhborhood affected by the expansion. She stated in checking with the City Attorney's Office, it was determined the Council cannot place that type of stipulation on the permit as it qives the approval authority to the neiqhborhood and this has not been upheld by case law. Cauncilman Schneider asked if the City has a copy of the executed agreement with Totino-Grace for the parking. Ms. Dacy stated the City does have such an agreement and apologized that it was not in the Council's packet information. She stated this agreement has been reviewed by the City Attorney's office. Councilman Schneider asked if this parking agreement should be recorded at the County. Mr. Herrick, City Attorney, stated it is the type of agreement that can be cancelled in 30 days and if it is cancelled, the Islamic Center would have to come back with some other arrangements for parking. He stated he did not feel it is necessary to record it. Ms. Dacy stated Stipulation 3 does address the parking issue and if the agreement ceases to exist, the Center shall apply for a special use permit to expand their parking lot to meet the zoning requirements. Mr. Herrick asked who is the fee owner of this property and Ms. Daey stated the Islamic Center. Councilman Schneider asked if staff felt there was a need for a performance bond. Ms. Dacy stated it is standard policy, if the Council wishes to request a performance bond. She stated, however, the improvements are not that extensive. Councilman Billings asked the intent of the stipulation regarding the weed problem. Mr. Herrick stated the City has a weed ordinance and they would have to be in compliance. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant special use permit, SP #88- 17, to allow a church in a sinqle family dwellinq district, with the following stipulations: (1) a�asonry dumpster encl.osure with wooden gates shall be installed by Auqust l, 1989; (2) the property owner shall combine individual lots into one tax parcel, as requested by the City Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor shall be exempted); (3) if the agreement � � � �� 1. �t: : , c • ' �_.�1� L. . . . . . between the Islamic Center and Totino Grace Aigh School ceases to exist, the Center Bhall at that time apply for a special use permit to expand their parking lot to meet the zoning requirements; (4) church services shall occur in the library and gymnasium only; (5) all existing hard surface areas shall be improved with sealcoatinq, curb and qutter and striping by August 1, 1989; (6) programmed activities shall not exceed the parking space available on the site and at Totino Grace. In addition, the center's programmed activities shall not conflict with those of Totino Grace's which could cause a shortage of parkinq space; and (7) the property owner shall take care of the'weed problem by August 1, 1989. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF APPROVING A FINAL PLAT, P.S. #88-02. NORTH COMPANY BUSINESS PARK, BEING A REPLAT OF TRACTS A AND B, REGISTERED LAND SURVEY NO. 6, AND TRACT B. REGISTERED LAND �URVEY N0. 78, GENERALLY LOCATED AT 500 73RD AVENUE N.E.. BY FRIDLEY BUSINESS CENTER PARTNERSHIP: Ms. Dacy, Planning Coordinator, stated a resolution was submitted in the Council's aqenda for consideration to approve the final plat, however, staff and the petitioner are still working on the drainage plan. She suggested that the Council not consider adoption of the resolution and to either table consideration of this plat or approve the plat subject to submission of the drainaqe plan. Ms. Dacy stated at the public hearing on this plat, questions were raised regarding the 20 foot setback. She stated 13 feet is necessary between the curb and bikeway/walkway which leaves 7 remaininq feet in the setback for screening and landscaping. She stated the development agreement will be written as such that a landscaping plan will have to be submitted prior to issuance of the building permit. Ms. Dacy stated an M-2 zoning district does allow buildinqs as high as 65 feet. Mr. Bruce Carlson, representing Northco Corporation, stated it would be helpful to them if they had conditional approval so their marketinq people can proceed. He stated they are submitting a draft of the proposed development agreement and working with staff on the drainaqe plan. He stated they would comply with all requirements for drainage. Mr. Flora, Public Works Director, stated the Council will need to approve the mylar so this plat will come back to the Council again for final approval and the drainage plan would be completed at that time. � MOTION by Councilman Billings to approve the final plat, P.S. �88- 02, with the following stipulations: (1) a development agreement FItIDLEY CITY COO�TCIL 1LEETZIiG OF JliNUARY 23. 1989 P�GB 7 be executed between the petitioner and the City Council which includes, but is not limited to: (a) design criteria; (b) landscape maintenance; (c) tree preservations; and (d) street and utility improvements; (2) a storm drainage plan which either encompasses a comprehensive drainage plan or individual drainage plans for each lot shall be submitted prior to the issuance of a building permit; (3) the developer shall petition the City to construct and improve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development; (4) access from 73rd Avenue shall be limited to one driveway; (5) access from 71st Avenue shall be limited to four driveways; (6) the necessary joint driveway/parkinq easements shall be executed for Lots 5, 6 and 7, Block 2, and Lots 7 and 8, Block 2; (7) a revised preliminary plat providinq adequate right-of-way at the intersections shall be submitted to the Public Works Department for review; and (8) the developer shall submit a proposed plan for driveway access at the curve of the proposed street for Public Works Department review and approval. Seconded by Councilman Fitzpatrick. Ms. Dacy stated Stipulations No. 7 and 8 have been resolved and could be eliminated. MOTION by Councilman Billings to delete Stipulations No. 7 and 8 and add a new Stipulation No. 7 to read as follows: (7) drainage plan, easements for roadways and bikeway/walkway, and submission of the development agreement prior to final action by the City Council. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings, Councilman Fitzpatrick, Councilwoman Jorgenson and Mayor Nee voted in favor of the motion. Councilman Schneider abstained from voting. Mayor Nee declared the motion carried. Councilwoman Jorqenson questioned Stipulation No. 2 as she thought there should be a comprehensive drainage plan, rather than a drainage plan for individual lots. Ms. Dacy stated at the time this stipulation was added, the Planninq Commission did not know at that point if there would be a comprehensive drainaqe plan or a drainage plan for each individual lot. Mr. Herrick, City Attorney, felt this stipulation could be deleted as he felt the new stipulation added as No. 7 would cover this item. IYiOTION by Councilwoman Jorgenson to eliminate Stipulation No. 2. Seconded by Councilman Billings. Upon a voice vote, Councilwoman Jorqenson, Councilman Billings, Councilman Fitzpatrick-and Mayor Nee voted in favor of the motion. Councilman Schneider abstained from voting. Mayor Nee declared the motion carrried. UPON A VOICE VOTE TA�N ON THE MAIN MOTION, Councilman Billings, F��'� �i• �� . � �_ � . � c Councilman Fitzpatrick, Councilwoman Jorgenson and Mayor Nee voted in favor of the motion. Councilman Schneider abstained from voting. Mayor Nee declared the motion carried. I�IOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of January 11, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF SETTING A PUBLIC HEARING ON A REZONING ZOA #88-04 COMMUNITY DEVELOPMENT CORPORATION FOR FEBRUARY 13 1989: MOTION by Councilwoman Jorgenson to set the public hearing on this rezoning request for February 13, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. �ONSIDERATION OF SETTING A PUBLIC HEARING ON CDBG PROGRAMS �OR FEBRUARY 13, 1989: MOTION by Councilman Fitzpatrick to set the public hearing on the CDBG proqrams for February 13, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. CONSIDERATION OF SETTING A PUBLIC HEARING ON YARD WASTE �?RDINANCE AMENDMENT FOR FEBRUARY 13, 1989• MOTION by Councilman Billings to set the public hearing on this yard waste ordinance amendment for February 13, 1989. Seconded by Councilman Fitzpatrick. Councilwoman Jorg�nson stated she felt recycling should not be limited to spring and fall and the dates should be April 1 to November 15. She stated Fridley has been a leader in recycling and she did not want to go against the recommendation of the Environmental Quality Commission, however, she also did not want to send a message to the residents that the Council is interested only in recycling in certain months. Ms. Campbell, Planning Assistant, stated the proposed ordinance covers only seasonal, spring and fall, collections of yard waste. She stated in meetings held with the refuse haulers, they requested the City establish only general parameters for a yard waste collection proqram to allow them flexibility to determine the epecifics of such a proqram to save time and money. She felt the haulers may object to collection during the summer months because there would not be enouqh volume to make it feasible. Ms. Campbell stated if the Council wished, the ordinance could be FRIDLEY CITY COIINCIL l�E$TING OF JANIIARY 23, 1989 PAGE 10 Berqerson-Caswell 5115 Industrial Street Maple Plain, l�d Layne Minnesota 3147 California Street Minneapolis, I�1 55418 E. H. Renner 15688 Jarvis Elk River, MN 55330 Layne Western P. O. Box 457 Long Lake, MN 55356 Mark Traut Wells 151 72nd Avenue St. Cloud, MN 56301 Keys Well Drilling 413 N. Lexington Pkwy. St. Paul, MN 55104 Well No.6 $18,281.00 $12,612.00 $14,187.80 $31,795.00 $15,876.10 $15,225.00 Well No.8 $17,081.00 $11,831.00 $13,813.40 $30,835.00 $14,487.10 $14,530.00 Well No.11 $45,013.00 $39,482.00 $29,872.00 $62,155.00 $29,440.75 $35,560.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Work Director, stated bids were opened for the repair and maintenance of Wells No. 6, 8 and 11. He stated the low bidder for Well No. 6 was Layne Minnesota in the amount of $12,612 and they were also the low bidder for Well No. 8 in the amount of $11,831. He stated the low bidder for Well No. 11 was Mark Traut Wells in the amount of $29,440.75. Mr. Flora stated staff would recommend the contracts for the repair and maintenance of these wells be awarded to the low bidders. MOTION by Councilman Fitzpatrick to award the contract for the repair and maintenance of Well No. 6 to the low bidder, Layne Minnesota in the amount of $12,612; to award the contract for repair and maintenance of Well No. 8 to the low bidder, Layne Minnesota in the amount of $11,831; and to award the contract for the repair and maintenance of Well No. il to the low bidder, Mark Traut Wells in the amount of $29,440.75. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. - 10. RECEIVING BIDS AND AWARDING THE CONTRACT FOR WATER DISTRIBUTION SYSTEM STUDY: FRIDL�Y CITY COIINCIL ME$TING OF JANIIARY 23, 1989 PAQE 11 MOTION by Councilman Schneider to receive the followinq Requests for Proposal for the Water Distribution System Study: Howard Needles Tammen & Bergendoff 6700 France Avenue So. Minneapolis, I�T 55435 Orr, Schelen, Mayeron & Associates, Znc. 2201 Hennepin Avenue E. Minneapolis, I+aI 55413 Comstock & Davis, Inc. 1446 County Road J Minneapolis, I�Ild 55432 Short-Elliott-Hendrickson 222 E. Little Canada Road St . Paul , l�Ild 55117 $22,970.00 $25,800.00 $26,700.00 $20,200.00 Bonnestroo, Rosene, Anderlik & Assoc., Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 $32,253.00 Israelson, Reese, Ellingson & Assoc., Inc. 11000 W. 78th Street �220 Eden Prairie, I�T 55344 SE Companies/Suburban 6875 Highway 65 N.E. Fridley, MN 55432 Rieke, Carroll, Muller Assoc.., Inc. 10901 Red Circle Drive Minnetonka, MN 55343 McCombs-Frank-Roos Assoc., Inc. 15050 23rd Ave. N. Plymouth, MN 55447 Schoell & Madson, Inc. 10550 Wayzata Blvd. Minnetonka, IrIIJ 55343-5482 Black & Veatch 1500 Meadow Lake Pkwy. Kansas City, MO 64114 TKDA 2500 American National Bank Building St. Paul, �+II3 55101-1893 $25,000.00 $20,000.00 $24,640.00 $70,000.00 $32,370.00 $54,000.00 $73,600.00 __ _ _ FRIDLEY CITY COONCIL 1t88TING OF Jl�NUARY 23. 1989 PAGE 12 Stevens Engineers, Inc. 1301 Coulee Road Hudson, WI 54016 $41,705.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated 13 Requests for Proposal were received for the Water Distribution System Study. He stated after these requests were reviewed, four firms were interviewed for this project. He stated it is staff's recommendation that the firm of Howard Needles Tammen and Bergendoff (HNTB) be awarded this contract in an amount not to exceed $22,970. MOTION by Councilman Schneider to award the contract for the Water Distribution System Study to Howard Needles Tammen and Bergendoff (HNTB) for a maximum amount not to exceed $22,970. Seconded •by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 8-1989 ORDERING IMPROVEMENT APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS• STRE_E� IMPROVEMENT PROJECT NO. ST. 1989-10 (SEALCOAT)_ MOTION by Councilman Fitzpatrick to adopt Resolution No. 8-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 9-1989 ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS• LAKE POINTE DEVEIAPMENT MAINTENANCE PROJECT NO. 187: Mr. Flora, Public Works Director, stated this resolution is necessary in order to provide maintenance for the Lake Pointe site. He stated since the developer has not started construction, the Housing and Redevelopment Authority is requesting the Council execute a contract on their behalf for maintenance of the site. MOTION by Councilman Schneider to adopt Resolution No. 9-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. i2ESOLUTION NO. 10-1989 REORDERING ADVERTISEMENT FOR BIDS• REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONC TE CURB GUTTER AND SIDEWALK - 1989: MOTION by CounciZwoman Jorgenson to adopt Resolut�on No: 10-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 11-1989 ORDERING PRELIMINARY PLANS FRIDLEY CITY COIINCIL MEETINQ OF Jll�O�tY Z3. 1989 PAG$ 13 • � � � ; • 4� • 4,�' ; • " 4�. �! ��' � � ��. ' � • � � ' � y • MOTION by Councilwoman Jorgenson to adopt Resolution No. 11-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. R�'SOLUTZON NO. 12-1989 RECEIVING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING FOR FEBRUARY 13. 1989. ON THE �iATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET sMPROVEMENT PROJECT NO ST 1989-2 ADDENDUM NO. 1(COMMERCE �,AND - 73RD AVENUE TO OSBORNE ROAD): MOTION by Councilwoman Jorqenson to adopt Resolution No. 12-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RFSOLUTION NO 13-1989 APPROVING AND AUTHORIZING SIGNING THE AGREEMENT ESTABLISHING WORKING CONDITIONS. WAGES AND HOURS OF POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR �HE YEAR 1989: Mr. Hill, Public Safety Director, stated staff and the Police Labor Union met and negotiated a new contract for 1989. He stated the basic changes over 1988 are a 3.5� increase in wages, a $25.o0jmonth increase in insurance, and a$15.00/month increase in the classification of Police Corporal and Police Investigator. MOTION by Councilman Fitzpatrick to adopt Resolution No. 13-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS: MOTION by Councilman Fitzpatrick to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. CLAIMS• MOTION by Councilman Billings to authorize payment of Claims No. 24376 through 24650. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. , 19. LICENSES: MOTZON by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLBY CITY COIII�iCIL liSBTINQ OF JANIJARY 23. 1989 PAGE 14 20. ESTIMATES• MOTION by Councilwoman Fitzpatrick to approve the estimates as submitted: Smith, Juster, Feikema, Malmon & iiaskvita 6401 University Avenue N.E. Fridley, MN 55432 For Services Rendered as City Prosecutor for the Month of September, 1988 for the Month of October, 1988 TOTAL Civic Center Remodeling Through December 31, 1988 $ 7,770.00 8,820.00 $ 16,590.00 $301,048.69 , Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January 23, 1989 adjourned at 9:15 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor � � TO: FROM: DATE: SUBJECT: MEMORANDUM ��' William W. Burns, City Manager �, PW88-363 John G. F1ora,�Public Works Director November 9, 1988 Commerce Lane Reconstruction Commerce Lane from 73rd Avenue to Osborne Road will require major reconstruction in the immediate future. This road, which is part of our Municipal State Aid System and in our 1989 5-year ilnprovement plan, serves an industrial area which generates a considerable amount of heavy truck traffic. Due to the heavy truck traffic and the poor soil conditions under the Commerce Lane roadway, the street requires extensive maintenance just to keep it in a minimal service condition. Commerce Lane was originally constructed in 1966 at a total improvement cost of $29,365.58. The cost of this street improvement was assessed to the property owners at a rate of $7.46 per foot. Commerce Lane was designated as a Municipal State Aid Street in 1971. We propose to reconstruct Commerce Lane to current standards increasing its width from 39 feet to 44 feet, B-618 concrete curb and gutter in lieu of surmountable curbinq, 11 ton versus 9 ton design strenqth and storm sewer improvements. We estimate that the improvement cost of this project will be approximately $452,956 resulting in an assessment rate of $115 per front foot for the property along Commerce Lane. We would recommend that the Council order the improvement of Commerce Lane from 73rd Avenue to Osborne Road in 1989. This would allow us to schedule the public hearinq in January and obtain design approval by early spring. The schedulinq of this improvement in 1989 would also allow coordination with the County plans to camplete the final segment of Osborne Road from Commerce Lane to University Avenue. JGF/BN/ts 1 i � . ... ; ��;��.. , � MEMORANDUM TO: William W. Burns, City Manager PW89-2 ✓ FROM: John G. Flora, Public Works Director DATE: January 3, 1989 SIIBJECT: Commerce Lane Reconstruction On November 21, 1988, I sent a letter of intent to rebuild Commerce Lane between 73rd Ave. and Osborne Road to the industries located on the street. In that letter, I indicated that the City would share in one-third of the costs and the assessed amount was estimated at $67.00 per lineal foot. I also requested any comments or concerns be submitted by December 31, 1988. I have received two letters to�date. One from the Pillsbury Company Plant Manager indicating he cannot endorse the project at this time and the other from Gazda Transportation System indicating they use Osborne Road and advocates spot repair as an alternative to reconstruction. As this road will experience considerable upheaveal and damage this spring, the Council should consider upgrading this major industrial road. Recommend the City proceed with the improvement and prepare a preliminary report and schedule a public hearing so that this work can proceed with a bid letting this spring. JGF/ts 1a 11 '- •.i� � R�O: F'l�Ol�[: L1ATE: SUBJDGT: � MEMORANDUM Wi].liaam W. Burrs, City Mar�-�ger PW89-36 Jd�uz G. Flora, �Public Works Director Februa�y 9, 1989 Impmvvanent Projects (Cam�oexoe I�ne RecoaLStYUCtian) The folla�ring is a s�nanaYy of the pra�es.s and schedule for City improvement projec.-ts at�d s�ecifically the Oamnetne Iane- reooa�structiori. The f irst step in the imprwaaerYt p�ooe.ss r� �; rwa a resolution by the Cairicil calling for pr�el�;na,v plans ar�d esti.mates of ti�e inprov�ment. (This was presented to the Oau'icil by Resolutian No. 98-1988 � Octaber 17, 1988). After th�e G�cxu�cil Y�ives ti�e PreliminaxY r'e�rt, they would aooept it by resolution ar�d call for a public heariryg. In mar►y cases, a develc�ex would suban.it a petitiar� waiving the public hearir�g in or3er to expedite the i�rove�nent process. (Zhis was pas_seci by the Dau�Cil by Resolution No. 12-1989 on January 23, 1989). The next step wvuld be the public hearir�g, if 100 pero�nt of the effected P�Y owners do not petition ani �ra.ive this req�iir�nexit. (The C�o�uneroe Lane public hearir�g is scheduled far� February 13, 1989) After the public heaxiryg is held, Cau�cil would, by r�.�olution call for the preparatiari of plans for the inQ�rvv�nent project. (Zhe C.�roe Iane resolution may be suisnitted at their FebYVary 27 meetirg) . For State Aid proj ects, ti�e fina]. plans and s-�ecificatians would be submitted to MnDOT for approval aftex the Ca�ncil authorizes the project. The next ste�p in tibe resolutio� prooer�s for the i�rweqnerYt wa�ld be the appr+oval of the final plans at�d orc�ering for the w�rk. (For Oo�meroe It�ne, this is tentatively sc�ieduled for Felnvazy 27 ). I�rwezaent p�ajects are adverki5ed far tw�enty-one (21) days as a minim�nn with tw+o (2) publicati�s in the offici.al City newspaper (FYidley Focus arx�/or Mitu�eapolis Star Triixme) . (Fbr do�tmeroe Iane, this is tentatively schedul.ed for Marc3i 20) . � 1B • '�I� a 1C Page Ztao - PW89-36 After tile bids are �d, th�y are suk�nitted to the Coi.uicil for award to the laa bidder. Ori MaA.S proj ects, before ti�e City can a�rard a coritract, I�DO►r appraval nt�st be Y�oeived. (For Damo�troe� Iane, I wvuld hape the Ca�mcil can award the prorject art their April 17 meeting - ooa�tirx�ent upon N�D�r approval) . Upon award of th�e vo�txact, the oorttractors typically have ten (10) days to mobilize before co�stnictioa�► is required to start. Ba.sed upan the size ar�d type of wurk, a sd�edule is established. (For Ck�nmeroe It-u�e, it is hq�d that oonstructioa� can start in Jiu�e ar�d be ooaQleted in July) . The C�a►4neroe Iane work is ocambined with the University West Servioe Drive extension nprth of 83rd Avern�e ar�d the Northoo Drive develapment. JcF/ts Attac.hments 1D o�tcr�. x�c�ar� QTY OF FRZDIEY �►� n- • �• i�►• • � •: � i• -.• a i� 8'i'i�E'P II�VEl�iTP plmJHLT I�U. ST. 1989 - 2 (ADD�ID@�I #1) �,8, the City Cau�cil of the City of Fridley, Anoka Camty, M[innesota, has deemed it expedient to reoeive evidex�ce perta; n; *� to the improvements hereinafter described. NOW, T�OI�, I�ATICB IS �Y GIVEN Tl�T or'1 the 13th day of Februazy, 1989, at 7:30 p.m. the City Cau�cil will meet at the Parkview C7o�ts�nity Fducation Center at 61st Ave. ar�d 7th St. in ti�e City of Fridley ar�d will at said time ar�d place hear all garties inte.restEd in said inQrov�ents in whole or in part. The general nature of ttbe i�rovements is the oonstruction ( in the larids ar�d streets noted belaw) of the follvwix�g i�roveznents, to-wit: G�ONS'I�dJCTION IZ'IIri Street i.�raveqnents, including grading, stabilized base, hat-mix bitLUninous mat, concrete curb arri gutter, sidewalks, storm sewer system, water and sanitary sewer seYVice.s and ather facilities located as follvws: ST. 1989 - 2 (ADDE�ID[JM #1� i Cartm�eroe Lane 73� Avern�e atxi O�borne Road For oo�struction It�n All of tYye lar�d abuttityg upon said streets n�med above and all laryds within, adjacetzt arxi abuttir�q thereto. All of said larri to be a.ssessed pYr�porti�ately a000rding to the be.nefits reoeived by such imprave�nexit. Published: Jarnlary 25, 1989 (FYidley Focus) FebzvaYy 9, 1989 (Mint�eapolis Star Tribtuze) � »•.. «.. ,oa � ,r u .a� O O ,..�• ...�. .. ..� ��• ... '•'� . 0 �tl1V''�.��wvJ nr'1'��`?�),.'�^, ��; �vr��V -• ? �� c�,��;'7?`�. � .v � L ` V J� �:; ��,�� j,'� ��,"''� � '•; � ��a�� : � i A ' �' ��` M �`� J w.. ti. ' '� ' 1 �!� ww �� V +� �� : QA , `, � '�w•� 'N i fj �`� �!+w. �� .. ... . �.� : ``` �__ � \� �� . s-w�• � 1� # �� ' � '� � 3 ��` II: �� „� r...- . i� a..0 b � � � :J J �(� wlNry ^ \ � � � '�\ , 4 ,� �_ `) \ VA _, �� r��.�3;�' a, � � �'�+!� ,,.�1 � �� '�� , \`,�pc''. O (�1 � �!1 .+�CCA�7/ � �/�.+.:%`� 1 �� ` \/ .�" � �� 1 `'`� 1�\�w� wwt� p ��,\ _.� 6 a s _ } Y. O O a m � �ia r 0 / ' . � v 1 a � � � �: � � � . .... _ i'�`� "� ♦ yC4 i �oa� r� o � �r� �' ,s'soo � � f, �: �"lr�L' I t� : � � I ti .' �: � �� o..� '� ��r .w.� u � .w� rewnr. 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' ' r�'�' i�� Sod/b /�ixe ot1�l+r N�r. y•/s�c.• ir, r..�P •30, A�e.•2y l ! olLe!-7 � � � N O. � N � - `�` � � , r .-� t � (` � r; r � � - � 'i r � r � � � � i ,�� , W � - '� Q :, � ,�� _ C'3r � �'� �-IQ`► _�°` .- . Z ; '' . a o , `�, � ,� � i -;y� . 'r4,k,ii.�, � , s t .�, Y yy� I �` � � .y� },. �� ..,A�..�.��. � � � �� ' 1p�'�+G• �y' �.:.ry �_ ' " 1 .,. '� n t . .. .. d� f '� � � � y�.i� ��.M.��:,r �` ��'f� � - _ � �+:'. ''-��, ! ` �' �- �, �� F '� . O' \ _ . '' �' , �, .� �- , , . , :, ti � �� q , ,� V ..,�* � �� ,.r. , � -a �° � � J, ' - �� 1 t. •, r k''4': ,� ;�y;-y�, °.: r I�i� ' ; jM� i r ' � S � ' 1 , 1 �N � � � ; ` ..,..+.�.,,, N f � �J ___ , __,__� N �f 0 Z � �... 0 J Z cn a � ----_ _ � _ _ . }---- - f � _� 10 Q J v \ � f,,�-- _-__ . - __ r________._., � � � �a�.�ir TO: C011I1MUNITY DEVELOPMENT DEPARTN�ENT' MEMORANDLIM William Burns, City Manager� ��. � FROM: Jock Robertson, Community Development Director Barbara Dacy4�2anninq Coordinator Lisa Campbe Planninq Associate DATE: REGARDING: February S, 1989 Proposed Yard Waste Amendment to Ordinance 113. Refuse Disposal Action Requested: In accordance with the leqal requirement for ordinance changes, the Council established a public hearing for February 13, 1989. At the close of the public hearing, staff requests that Council adopt the propose8 yard waste ordinance. As per the Council's direction staff has prepared an ordinance which will require seasonal curbside collection of yard waste for eight weeks durinq the sprinq and eight weeks durinq the fall and a friendly amendment which will require continuous pick-up throuqhout the yard waste season. See Attachment A. Back9round In 1988, the Minnesota State Legislature amended the Waste Management Act of 1980 to prohibit the landfillinq of yard waste in the State by 1990. In response to this mandate, many cities in the metropolitan area have amended their licensinq requirements to include seasonal pick-up of yard waste. At the request of Councilmember Schneider (January 23, 1989), staff surveyed 22 metropolitan area cities to determine how other communities are respondinq to the yard waste prohibition. O! the 19 respondents, 10 had some type of curbside yard waste collection. The most common type of proqram was one that included the curbside collection of yard waste throuqhout the yard waste season as a stipulation of a�contract for organiaed collection. Attachment D�s a chart detailinq the survey response of the �19 respondinq cities. ' 2A Proposed Yard Waste Amendment February 8, 1989 Page 2 Curbside Collection of Yard Waste Seasonal � Continuous Contract Stip. Orq. Coll. 0 5 Refuse Hauler Lic. Req. 2 3 In December 1988, refuse haulers met with City staff to discuss the best method of implementing a yard waste collection program for 1989. The haulers recognized that yard waste collection is an important aspect of any recycling proqram. Haulers asked that the City establish only general parameters for a yard waste collection program, but allow them flexibility to determine the specifics of their own programs to save money and time. Survey responses from haulers indicate the cost to residents for the additional service will range from no cost to fifty cents per bag. Additional Considerations Anoka County requires all haulers to take yard waste to the Anoka County Bunker Hill and Chain of Lakes compost sites. The Council may wish to consider the future operation of the compost site in the context of approving the yard waste amendment. Please see Attachment B for a summary report of the existing conditions and future potential of the site. Also, residential composting of yard waste is permitted under the current ordinance. Proposed Ordinance Based on the discussion with the haulers and a review of the yard waste ordinances adopted by other cities, staff has developed a draft of the proposed ordinance for your review. The proposed amendment will require separate pick-up of yard waste in the sprinq and fall of each year. The required lenqth of pick-up should be set at a minimum of at least six or eight weeks. a Proposed Yard Waste Amendment February 8, 1989 Page 3 The chanqes to the application will include a detailed description of: (1) the manner in which the applicant intends to sep�rately collect and haul away yard waste. (2) the manner in which the applicant intends to account for the amount of such yard waste; and (3) the method by which the applicant will inform its customers of the yard waste collection program. New reporting requirements will be the submission of a report on the yard waste collected and delivered for composting during each week of the period. This report will be due within 15 days after the expiration of each complete collection phase. Staff and Environmental uality Commission Reconimendation Yard waste recycling is essential to the City's continued success in recycling as it constitutes 8$ of the total waste stream. Haulers operating in the City of Fridley are supportive of an amendment requiring seasonal collection of yard waste. Curbside collection of yard waste will give Fridley residents an easy and convenient means of reducing the waste stream at little or no additional cost depending on the hauler they use. Passage of this amendment will also demonstrate the City's commitment to solid waste abatement and willingness to assist Anoka County in meeting the required goals for yard waste abatement. Staff, along with the Environmental Quality Commission, recommends approval of the amendment. The Environmental Quality Commission's resolution in support of this ordinance amendment is attached for your consideration (Attachment C). LC:ls Attachments M-89-72 2B 2C Attachment A REFU88 DI8P08AL ORDINANCB NO. AN ORDINANCB RECODIFYZ�TG TS$ FRIDL$Y CITY CODB 113, BI�ITITLED ��REFIIS$ DISPOSAL�� BY 1�1MB�iDINa SECTIONS 113.01 (6, 7� 8j� 113.04� A�iD 113.10.2B� AND BY RECODIFYINa THB NEET CON88CIITIVE NtJMB$RS The City Council of the City of Fridley does hereby ordain as follows: 113.01. DEFINITIONB 6. Refuse Al1 solid waste products or those havinq the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed of wholly or partly such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid waste or domestic solid wastes; organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter from the kitchen, dining room, market, or food establishment of any places dealing in or handlinq meat, fowl, grain, or vegetables; offal, animal excreta, or the carcass of animals; tree or shrub trimmings,//grass clippings,//brick, plaster or other waste matter resultinq from demolition, alteration or construction of buildings or structures; accumulated waste materials, cans, containers, tires, junk; or other such substances which may become a nuisance. ?. Rubbish Wood,//leaves,//trimmings from shrubs, dead trees or branches. S. Yard Waste Compostible materials such as qrass clioAinqs and or leaves which are collected and manaqed seoarate from other waste, but does not include brush, wood nast�, or tres trimminqs. 113.04. YARD WAST$ CONTAZNERB, Grass clippings an leaves, but not brush wood waste and tree trimminqs//and other similar refuse//may be placed in baqs �or bundles not exceeding three (3j feet in any dimension and not exceedinq-60 pounds in weight and shall be securely fastened to avoid spillage.//Household appliances and furniture falling within the definition of rEfuse need not be so packaged.// Attad�unent A 113.10. REFD88 BAIILERB' RE(�OI,�TZOliB 2. License Procedure 2D 8. The application for license or renewal of license shall contain a description of the types and makes of motor vehicles used for collection, a schedule of services to be made to the customers, the frequency of service to ba rendered, and full information as to where and how the material collected will be disposed of, and any other information the City of Fridley shall require. Applicants for licenses after July 10, 1975, desiring to provide routine weekly collection and removal of refuse from residents shall provide, as required under this Chapter, complete collection of all refuse which normally results from day to day use of this type of property except furnishings, appliances, buildinq or construction wastes, and similar bulky wastes for which individuals must make special arranqements. The City may require vehicle inspection before processing the license application. Applicants for licenses after Januarv 1 1989, shall provide and complete separate seasonal collection of sprinq between April 1 and June 15 and September 1 to November 15 in the fall. The applicant shall provide to the City a detailed descrintion of: 1) the manner in which the aptilicant intends to separately collect and haul away yard waste: 2) the manner in which the a licant intends to account for the amount of such ard waste: and 31 the method by which the apulicant will inform its customers of the yard waste collection program. The a�nlicant shall submit a report within 15 2E Alternate Language 113.10. REFIISE HAIILERB� REGIILATIONB 2. License Procedure Attachment A B. The application for license or renewal of license shall contain a description of the types and makes of motor vehicles used for collection, a schedule of services to be made to the customers, the frequency of service to be rendered, and full information as to where and how the material collected will be disposed of, and any other information the City of Fridley shall require. Applicants for licenses after July 10, 1975, desiring to provide routine weekly collection and removal of refuse from residents shall provide, as rec;ttired under this Chapter, complete collection of all refuse which normally results from day to day use of this type of property except furnishings, appliances, building or construction wastes, and similar bulky wastes for which individuals must make special arranqements. The City may require vehicle inspection before processing the license application. Applicants for licenses after January 1. 1989, shall provide and comnlete separate collection of residential collect and haul away vard waste: 2) the manner in which the applicant intends to account for the amount of such yard waste: and 3) the method by which the applicant will infona its customers of the yard waste collection program The agplicant shall submit reports on July 1 and November 1 as well as a final report which will be Anoka County location the materials were delivered to for compostinq. Attachment B BTI�P! 8QlII�I71RY COMP08T HITB CIIRRENT CONDITZONB ]1iTD pDTQitE POTBlITI71L Soil Scientfst/Consultant Nancy Schumacher was asked to assess ths current conditions and futurs potential of the Fridley compost site. Below is a staf! summary o! her report as well as statt recommendations for both the short and lonq term operation of the eatistinq site. BIIlII�RY Current Conditions The volume o! yard waste qenerated b� the City ot Fridley is estimated at approximately 21,000 cubic yards or just less than 3,500 tons annually. Durinq the 1988 season, rouqhly 2,100 cubic yards or 10� of the City�s yard waste was deposited at the site. On October 31, the site was closed because it was at capacity. Several residents were subsequently turned away. Current demand for compost drop-off clearly exceeds the capacity of the site. The quality of the finished compost is fair to qood. The finished product does contain a considerable amount of sand. Given the sandy nature of Fridley soils, this is not surprising. An increase in density of the finished product is the primary impact of the sand. It does not appear that there is excessive backlog ot compost indicating that there is demand for the finished product. The size of the site would be extremely inadequate for handlinq all yard waste generated by Fridley. The amount of material currently manaqed at the site exceeds commonly accepted volume per land recommendations oi six to ten acres. The Fridley site is rouqhly 1/3 acre. Any increase in the amount o! yard waste composted at the site would result in poorer quality compost, unmanageable sfta conditions, and possfble odor problems. An expansion in users of the site to include haulers would require additional maintenance and the purchase o! specialized equipment. The current site presents several positive conditions that should be considered by the City. Accessibility and hiqh use of the sit� have been the result o! its location and small servica area. Demand for tho site and its finished product are qood. Tht operation oi tha site in conjunction with an attended recycli center has reduced the dumpinq o! unwanted materials. Soil an�d drainaqe conditions at the site are qood. Finally, there hava been no complaints about odor or tratfic at the sita. � 2F 2G Attachment B Compost Site page 2 - ti.�..= -� •. •�_ � As stated earlier, durinq the 1988 season the compost site reached capacity and had to be closed. This fact, alonq �rith the 1990 ban on the landfillinq of yard wastes, requires the City to make so�aa decisions concerninq the future management o! the site. Tha consultant has suqqested two options: 1. Establish a Iarqer City operated sfte with the space and .equipment necessary for the handlinq o! all yard wastes qenerated by Fridley residents or at least a larqer percentaqe o! this waste. 2. Close the site and direct residents to the Anoka County site. Please note, the consultant's options were not considered in the context of the proposed yard waste amendment being approved. For this reason, staff recommends investiqation o! a third option: 3. Leave the site open for up to two additional growing seasons in conjunction with approvinq the yard waste amendment. Staff Recommendation All of the options have been reviewed by staff. After a discussion with the Pubiic Works Director, it is clear the increase in operation, maintenance,�and equipment costs required to implement option one are prohibitive. Option two has the disadvantaqe of reducing the yard waste disposal options available to residents. Option three would allow residents at least four viable methods for disposing of their yard waste. These are: 1. Hack yard compostinq 2. Curbside collection of yard waste 3. The Fridley compost site 4. The Anoka County sites Leavinq the site open ior two years would relieve some burden on bcth the new yard waste collection system, it approved, and the relatively new County compost operation. Option three has th� additional benefit o! rewardinq residents who have used the compost site aB a matter ot responsible management o! their yard waste. Durinq this period the site could be monitored to determine i! curbside collection ot yard waste resu2ts in a reduction and use of the �site. The City would also hava ample opportunity to thouqhtfully and responsibly educate its residents on the acceptable and leqal disposal o! yard waste. __ _ 2H Attachment C • _ �i! �� !_ � • �� . „1' �r . .� MOTION by Mr. Svanda, seconded by Mr. Stark, to recommend the City Council move forward with the amendment to City Code 113 for a public hearinq; further recommend that the City Council adopt these amendments into the City Code 113; and also recommend that the City�s existinq compost site remain open an additional two years, durinq which time its use will be monitored, and at the end of that time, a recommendation will be made regardinq continued use of the site. 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M EMO RAN D UM DATE: February 8, 1989 � �j, - To: William Burns, City Manager �' FROM: Jock Robertson, Community Development Director Barbara Dacy, lanning Coordinator Lisa Campbel��'"-lanninq Associate SU&7ECT: 1989 Community Development Block Grants Action Requested: February 28, 1989, is the Anoka County deadline for submission of the 1989 Community Development Block Grant application. The public hearinq is set for February 13, 1989. Staff requests that the Council approve the proposal at the February 13, 1989, meeting by motion. This will allow staff to submit the application to Anoka County in a timely manner. Percentaqe Limitations Anoka County has determined the percentage limits on the 1989 allocation to be: 7$ for planning, 14$ for public service, and 40$ for slum/blight. A funding request consistent with these limits would fall well below the needs of the activities currently funded by the City. These are the Riverview Heights project (slum/blight), Human Services (public service), and Commercial Rehab (planning). In the past the City has requested funds be distributed in excess of these limits. These requests have been approved. Approval of this year's request will depend on the aggregate percentages from all community applications received by February 28, 1989. , Revised FundincZ Request PZease note that Anoka County has revised the 1989 allocation to the City upward to $109,899. For this reason, staff has revised the proposed request to $69,236 for Riverview Heights, $34,068 for Human Services, and $6,595 for Commercial Rehab. This request maintains th� original percentaqe of monies distributed to each project area ot 63� to Riverview Heights project (slum/ blight); 31$ to Human Services (public service); and 6$ to Commercial Rehab. This request is consistent with the 1988 request which was approved by the County. � 1989 Community Development Block Grants February 8, 1989 Page 2 PROPOSED DISTRIBUTION OF 1989 COMMUNITY DEVELOPMENT BLOCK GBANT ALIACATION � Proposed Project Limits Distribution Comments (Anoka County) (Fridley) s Riverview $39,081.16 $69,236 �Purchase & reloca Heights (40$) tion of Parcel 5 property in the Riverview Heights floodplain (see map) Human $13,678.56 $34,068 (31$ of $109,899) Services (15$) Commercial $ 6,839.28 $ 6,595 Redevelopment for Rehab/ (7�) obsolete commer- Blighted cial buildings property and/or acquisition Acquisition -- of blighted Redevelop- property for ment redevelopment. Staff Recommendation: Staff recommends Council approve the 1989 request of $69,236 for Riverview Heights, $34,068 for Human Services, and $6,595 for Commercial Rehab. This distribution of the 1989 allocation would allow the City to continue to acquire properties in the Riverview Heights floodplain and provide year-to-year continuity in the level of funding to the Human Service activities. LC:ls M-89-71 3A � � GTl(OF Ftt1DLEY COl1MIIUNI'i'Y DEVEL4PMENT DEPARTNIENT MEMORAN DUM DATE: February 7, 1989 To: william Burns, City Manager �� FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Public Hearing for Rezoning Application, ZOA #88- 04, Community Development Corporation Attached is the staff report for the rezoning application for the Norwood Square senior housing project adjacent to St. William's church. This item has been scheduled for a public hearinq, Typically, the City Council has closed the public hearing and deferred action until a subsequent meetinq. Because no opposition from the public is anticipated, and because the petitioner also has a special use permit and a lot split application pending which are interrelated with the rezoning application, it is recommended that the City Council approve the rez�oning and direct staff to prepare an ordinance to amend the zoning map. The Planning Commission recommended approval of the rezoning request. BD/dn M-89-59 m 4A � �► STAFF REPORT APPEALS DATE N/A Cj�� PLAIWNG COMuNSSION DATE November 9, 1988 FIV�.Gi GTY COI�VCIL DATE : February 13, 1989 AuTHOR BD/J_ REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSRY PRESENT ZONING ADJACENT LAND USES 8� ZON�G UTL.RES PARK DEDICATION ANALYSIS FiNANC1AL iMPL1CAT10NS CONFORMANCE TO COMPREt�IENSIVE PLAN COMPATB�ITY WITH ADJACENT USES � ZONNG ENVIRONMENTAL CONSIDERATK�VS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANN�VG COMMiSS10N RECOMMENDATION ZOA ��88-04 Co�aunity Development Corporation for the Archdiocese of Minneapolis and St. Paul Rezoning request from R-2 and C-3 to R-3 Northwest corner of 5th Street and 61st Avenue, north of St. William's church. ' 2.79 acres N/A R-2 and C-3 North, R-2 (duplexes); South, C-3 (church); East, R-1 (single family); West, C-3 (strip center). Municipal services available. $750.00 for residential lot split. HRA assistance may be requested. Yes. Yes. Site is depressed below street elevation, currently used as a ballfield. Agproval. N/A � 4B Staff Report, ZOA #88-04 Community Development Corporation Norwood Square Page 2 REQUEST The subject parcel, Lots 1- 16, Block 1 and Lots 1 and 30, Block 3, Norwood Addition, is bisected by two zoning districts. The R- 2, Two Family DweZling district is located on the eastern half of the property, immediately adjacent to 5th Street N.E. The C-3, General Shopping Center district is located on the western half of the property, abutting the Moon Plaza Shopping Center praperty. This zoning pattern exists from the subject property south to 61st Avenue N.E. and includes the existinq church property. The R-2 district permits "housing for the elderly" as a special use permit and the C-3 district permits "housing for the elderly" as a permitted use; however, staff advised the applicant to petition for a rezoning in order that the property could be evaluated by one district's regulations rather than having the property regulated by two districts. The R-2 and C-3 districts do not contain the appropriate lot and structure requirements to regulate the proposed project. Further, the continuation of commercial zoning along the rear portion of the Moon Plaza Shopping Center would not be appropriate. Finally, the rezoning application to R-3 would provide a buffer from the existing C-3 zoning to the west and south. ANALYSIS In evaluating zoning district changes, the intent, uses and structure regulations of the proposed district should be evaluated to determine its compatibility with adjacent 2oning and land uses. The intent of the R-3 district is to permit a variety of residential housing, including single family dwellings, two family dwellings and multiple dwelling complexes. These uses serve as a buffer from uses permitted by commercial districts, such as the C- 3 district. Further, while the R-3 district permits multiple family complexes at a higher density than the R-1 or R-2 districts, multiple family dwellings can be compatible with single and two family dwellings depending on design and location. The R-3 district permits hotels, motels and highrise apartment buildings as a special use permit. As special uses, the City would have the ability to deny potential applications if the use would have adverse effects on the neighborhood. Upon preliminary evaluation, these uses would not be appropriate at this location. 4C Staff Report, ZOA #88-04 Community Development Corporation Norwood Square Page 3 The lot and structure requirements in the R-3 district are more restrictive than the setbacks in the R-2. The required setbacks will maintain a 35 foot yard area along 5th Street N.E. and a 15 foot yard area adjacent to the existing duplexes to the north. The lot area requirement dictates 2,500 square feet per living unit, however, the ordinance also allows� a 300 square foot reduction per underground parking space. The intent of this regulation is to discourage as much on-surface parking as possible and maximize the amount of open space. The staff report on the lot split application explains the necessity for a lot area easement on the church property in order for the proposed site to meet the lot area requirements. CONSISTENCY WITH COMPREHENSIVE PLAN � The proposed rezoning request wiZl be consistent with the intent of the comprehensive plan to provide a variety of housing types in order to meet the different housing needs of the City's residents. The subject parcel is specifically identified in the comprehensive plan as having potential for medium density housing development (see attachment). The proposed rezoning is also consistent with the objectives of the Center City Redevelopment district in that it will enable utilization of long vacant property. SUMMARY The proposed rezoning is appropriate as it will act as a buffer between the existing commercial use and the lower density residential neighborhoods to the north and east. The rezoning will also eliminate two zoning districts bisecting the property. Finally, the proposed rezoning is consistent with the comprehensive plan and the redevelopment effort of the Center City district. Staff recommendation for approval of the rezoning is conditioned upon approval of the lot split request since it is necessary to execute a lot area easement. It is not conditioned upon approval of the special use permit request, since approval of the zoning action is necessary in order to consider the special use permit request. RECOMMENDATION , Planning staff recommends the Planninq Commission recommend approval of ZOA #88-04 to rezone Lots 1- 16, Block 1 and Lots 1 and 30, Block 2, Norwood Addition, from R-2 and C-3 to R-3, subject to approval of lot split, L.S. #88-05. 4D Staff Report, ZOA #88-04 Community Development Corporation Norwood Square Page 4 PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of ZOA #88-04, to rezone the subject parcel from R-2, Two Family Dwelling and C-3, General Shopping, to R-3, General Multiple Dwelling, subject to approval of the lot split request. STAFF UPDATE Community Development Corporation has postponed Council action until the senior study process was formali2ed. Because the zoning issues are separate from the financing issues, the applicant wishes to finish the zoning approvals in order to aim for spring or summer construction. The applicant understands that the financial assistance issue cannot be resolved until completion of the senior study and consideration by the HRA and City Council. CITY COUNCIL RECOMMENDATION It is recommended the City Council approve the rezoning request, ZOA #88-04, to rezone Lots 1-16, Block 1 and Lots 1 and 30, Block 2, Norwood Addition, from R-2 and C-3 to R-3, subject to approval of lot split, L.S. #88-05. :� �I !�y�'�' � _ �f�t��r�;::� .i��_ii.��c� �.■r�.•■rr� � w�dunw o�ru� •�►��{:,:�� DATH� OF FQ�C •� �, I :. � ► � ; � --- zoA �s8-o4; sP �ss-ts, i.s. #ss-os -•. --- --� � v y t o pme n t ''� .1 • t '� . . i . � . , �•�. it= - i o YI � :� 'r� = ��i i : ;r._ -•; • , � � rs�;_ asna; � Itj + ' ' ,— �: :: 3 ,�� a�� _ ;� , � . �� ::: :.� � � r- c� . =s i� : : � .�Q • � ', ��-� z � ° � ' � ' :'' ;) � N��s._., a,Jv'< ` ;g�� ' -. � • � Z:: :%; Z • :a�' oe. : 3isF� � : i :i•� :� .� - -. . . . _.. � .ai :q, .. . . . .;: �� . . . • .� �1� � � , . r■ fw�+ ,s �� 1�J � `��. � �` . . . . . . � • , r � �, , . ,',` . \, i , � �� , , `�. ' �_ i � j' " . .. ,�. 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Y � i < � s �$�� , � � �� . � ��3 `� ' �3��5� � ��9 �� ' iI . �< � � �� i� � � ., �: . 4G d . ;;: . ::� :'s. ;' : �• . i• •:� � . ?:: . e� 0 N Q Z 30 i" � ZOA #88-04, SP �88-IS, L.S. �88-05 Community Development Corporation . ' g z ' � � J � � � , t O • 6 � � t�� . � i�= i , • ;t ' : �:;t; ; : • 7s i a o .,;ji # • . .) � . ' � z:�t � � .i.• � ,� vf= ��: ,;�'S, � Q � � FLOOR PLAI�t 41 •I• . _ ::: I• F= � N 0 ZOA �88-04, SP �88-15, L.S. �88-05 Community Development Corporation (• � j� •iS� I� I" I� � I � I I � �•�•��I - 1 � V \ � � � � S � i � 0 0 L • � UNIT FLOOR PLAN 4K � � �� c.mroF fRlDLEY C011M1lUNITY DEVELOPMEIVT DEPART'MENT M EMO RAN D UM DATE : February 7 , 1989 �' �- • TO: William Burns, City Manaqer �• FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Special Use Permit, SP #88-15, Community Development Corporation Attached is the staff report for the special use permit application for the Norwood Square senior housing project. It is recommended the City Council approve the special use permit subject to the recommended stipulations of the Planning Commission and subject to final approval of the rezoning application, ZOA #88-04. BD/dn M-89-67 5 � � STAFF REPORT APPEALS DATE x/A �,��Q� PLANNPI(a COMIIN$$IONi Di�T'E November 9, 1988 FIVLi.Li CRY COUVqL DATE : February 13, 1989 Iu1THOR BD/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION '� SITE DATA SIZE DENSITY ' PRESENT ZONWG ADJACENT LANO USES $� Z�%i�a �ES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS —•—•--------j----- STAFF RECOMMEI�ATION APPEALS RECOMMENDATION PLANNWG COMM{SSION RECOMMENDATION SP ��88-15 Communitq Development Corporation for the Archdiocese of Minneapolis and St. Paul Rezoning request from R-2 and C-3 to R-3 Northwest corner of Sth Street and 61st Avenue, north of St. William's church. 2.79 acres N/A R-2 and C-3 North, R-2 (duplexes); South, C-3 (church); East, R-1 (single family); West, C-3 (strip center). Municipal services available. $750.00 for residential lot split. HRA assistance may be requested. Yes. Yes. Site is depressed below street elevation, currently used as a ballfield. Approval. N/A 5A Staff Report Community Development Corporation SP #88-15 Page 2 REQUEST 5B In evaluating a special use permit request, the zoning ordinance states that the "City may consider the nature of the land upon which the use is to be located, the nature of the adjoining land or buildings, the effect upon traffic into and from the premises on any adjoining roads, and all such other factors as the City shall reasonably deem a requisite of consideration in determining the effect of such use". The applicant is requesting approval of a special use permit to construct a 70 unit apartment building to be known as Norwood Square. The applicant indicates that of the 70 apartment units, 50 will be one bedroom and 20 will be two bedroom units. Common areas will be provided, including laundry rooms, storage closets, a lobby, a dining/multi-purpose room, and a workshop and lounge. ANALYSIS Lot Area The R-3 district requires 2,500 square feet per dwelling unit of lot area for multiple family complexes. However, the ordinance allows for a 300 square foot lot area reduction for every underground parking stall. The applicant is proposing to install 53 underground car stalls, which translates into a lot area reduction of 15,900 square feet. For 70 units, 175,000 square feet is required. After subtracting the underground car stall credit, approximately 37,600 square feet is necessary to meet the lot area requirements of the R-3 district. In order to make up the difference, it was agreed with the applicant that a permanent easement be executed along the northerly 85 feet of the St. William's church property. The intent of the easement is to maintain the area as open space and eliminate the potential of additional building within the easement area. The easement area would also include a portion of the existing parking area for the church. As is noted under the grading and drainage section of this report, the easement area is a potential site for a storm water management pond. The easement document should be drafted to prevent building on the easement but to allow the creation of a storm water pond. Staff Report Community Development Corporation SP #88-15 Page 3 Parking 5C The applicant has indicated a"proof of parking area" containinq 39 spaces in the event the building converts from elderly housing to apartments available to the general public. This additional area will not be constructed as it is anticipated that only 78 s�aces are necessarv to serve the residents and staff. Three driveway entrances are proposed onto 5th Street N.E. The parking area immediately in front of the proposed building will be primarily intended for visitor parking. The parking area on the north side of the building is intended for resident parking and access to the parking garage. The traffic generation from an elderly housing development is substantially less than that which is generated from a typical apartment project. The Institute of Traffic Engineers estimates traffic generation of approximately five trips per dwelling unit in a standard apartment complex. Given that the proposed project is for the elderly only, the traffic generation is substantially less given that no more than two persons will occupy a unit. All surface parking areas must be lined with concrete curbing and all parking spaces must be striped. Setbacks and Building Requirements The proposed site plan meets or exceeds the required setbacks and building requirements in the R-3 district. The proposed building height facing 5th Street N.E. is approximately 36 feet, below the maximum height restriction of 65 feet. The building is designed in the shape of an "H". The intent of this design is to imitate the width of the existing lots across 5th Street and to vary the mass of the building so that it is not overwhelming. This design also helps to keep the scale and character of the project compatible with the existing uses. The proposed building materials consist of split face masonry and rock face block with horizontal wood siding between the second and third floors. The roof design imitates the roof design of the existing homes in the neighborhood. The proposed colors are gray, tan and charcoal gray. The building will have a full time on-site manager and will have a security entrance. Each unit will have an emergency pull cord in the bathroom and bedroom for the managemsnt company to call necessary medical services if necessary. The dwelling unit sizes exceed the requirements of the R-3 district. A one bedroom will be approximately 600 square feet and a two bedroom will be approximately 1,000 square feet. � Staff Report Community Development Corporation SP #88-15 Page 4 Landscaping Staff inet with the applicant on November 1, 1988 to discuss the landscaping plan. The applicant complied with staff direction and submitted a revised landscaping plan prior to distribution of the staff reports. The following comments are based on the revised landscape plan. While the revisions incorporate a majority of staff's comments, the following should be included in the final landscape plan to be submitted at the time of building permit application: 1. Japanese Greenleaf Barberry Hedge along the front parking area shall be installed and maintained at a height of 3-4 feet and spaced at 1 1/2 - 2 feet. 2. All trees shall be balled and burlapped. No tree spaded evergreens will be permitted. 3. Street trees shall have a 2 1/2 inch caliper. The Cranberry trees shall have a 1 3/4 inch - 2 inch caliper and the shrubs shall have a 2 foot or 5 gallon pot. 4. In order to accomplish consistent screening along the rear lot line in compliance with Section 205.09.07.8, the applicant shall install one of the three combinations of fencing and landscaping: a. Install an eight foot privacy fence with five Silver Maples b. Install a Continuous Spruce Evergreen planting of ten foot trees at 10-15 foot spacing. c. Install and maintain a hedge at minimwn 6-8 feet of Techny Arborvitae, Upright Juniper or Amur Maple spaced at 1 1/2 - 2 feet. 5. An underground lawn sprinkling system shall be provided to maintain the lawn and landscaping areas. Grading and Drainage The City Engineer has indicated that a storm water management plan will be required at the time of building permit application. Because the property is located below street level, it acts as the receptacle for a majority of the drainage from the neighborhood. The storm water management plan will not only have to accommodate the runoff from the proposed development but any expansion contemplated by St. William's church. There is adequate area on the property to accommodate the ponding necessary to be created. Staff Report Community Development Corporation SP #88-15 Page 5 Restrictive Covenants 5E The City Attorney's office has advised that the City can require the applicant to file deed restrictions which restrict the project to housing for the elderly only. The two elderly projects in New Brighton have used the same method as part of their approval process. ,ti1�1M�4,i!�?s� The proposed site plan meets or exceeds the R-3 district requirements. The proposed building design is sensitive to existing conditions in the neighborhood. As 'a senior housing building, the proposed location is convenient to shopping, medical office uses, and the senior center. The proposed use will not have an adverse affect on the surrounding land uses. Seven conditions df approval are recommended. RECOMMENDATION Planning staff recommends the Planning Commission approve Special Use Permit, SP #88-15, based on the site plan received November 3, 1988 and subject to the following conditions: 1. The applicant shall submit a storm water management plan at the time of building permit application. 2. The applicant shall comply with the conditions of approval for the lot split application. 3. The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment building to be rented to the general public. The covenants shall be reviewed and approved by the City Attorney's office prior to recording. 4. A revised landscape plan shall be submitted at the time of building permit application, containing the following changes: A. Japanese Greenleaf Barberry Hedge along the front parking area shall be installed and maintained at a height of 3-4 feet and spaced at 1 1/2 - 2 feet. B. All trees shall be balled and burlapped. No tree spad�d Evergreens will be permitted. C. Street trees shall have a 2 1/2 inch caliper. The Cranberry trees shall have a 1 3/4 inch - 2 inch caliper and the shrubs shall have a 2 foot or 5 gallon pot. 5F Staff Report Community Development Corporation SP �8$-15 Page 6 D. In order to accomplish consistent screening along the rear lot line in compliance with Section 205.09.07.B, the applicant shall install one of the three combinatiQns of fencing and landscaping: 1. Install an eight foot privacy fence with five Silver Maples 2. Install a Continuous Spruce Evergreen plantinq of ten foot trees at 10-15 foot spacing. 3. Install and maintain a hedge at minimum 6-8 feet of Techny Arborvitae, Upright Juniper or Amur Maple spaced at 1 1/2 - 2 feet. 5. The applicant shall install an underground lawn sprinkling system to maintain all lawns and landscaping on the property. 6. Al1 parking areas shall be striped and shall be lined with concrete curb. 7. Park dedication fees shall be paid at time of building permit application. PLANNING COMMISSION ACTION At the November 9, 1988 meeting, the Planning Commission unanimously recommended approval of the request subject to the seven conditions recommended by staff. CZTY COUNCIL RECOMMENDATION It is recommended the City Council approve the special use permit, SP #88-15, based on the site plan received November 3, 1988 subject to the seven stipulations recommended by the Planning Commission and final approval of the rezoning application, ZOA #88-04. ZOA ��88-04, SP ��88-15, L.S. 4�88-OS Community Development Corporation -- � T�.� �fl.� y- � � v - - - � � l��/r lyr�ny:pC� • �j I- M � � d � �[.� .y ��„ �� ' � �P �� s '� - ' � E N �� n,� � C � � �v� ` � � ; �� ' � Sx � .. � " �1 ir • � •- eaas u� ca�«,- � M dp • i j0"'� ' Jlt •; � e.�►.•� � . �� . � !wr«,.M., v ' L3l�f .� .�., ..�. f `'�. � � � � � '� � . � � _� ` � � U � � � �:w ,� ' `� . 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W • �� . � , ��' , , ,. ,; a�� o y � 9�p�n ��SL'� y��' ° 9 � 1� + � �+, � I�1� r - /� � ' e.,� �`.. ��1 i�: .� I�{'�� i� � ■ . o �.,�'�rg— W � � � 7 � o i� �.�! c ` ., �, . � , � � ; � � o � x �� i�i s�� . � I� � , J!n : � � �� s�� - � �, � �� ;�g �� t � i 0 � „ 4 � 2 � � _ S � ! ---i) ,.� —��-----�1. I �� I I I I I I l.�_ � �� . l � ' • r�� ' 5! � � � I' GTYOF FWDLEY C011IlMUNI�Y DEVELOPMENT DEPARTIV�ENT MEMORANDUM DATE: February 7, 1989 � TO: William Burns, City Manager �.�'� FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Lot Split, L.S. #88-05, Community Development Corporation � Attached is the staff report for the lot split application for the Norwood Square senior housing project. It is recommended that City Council approve the lot split request subject to the recommended stipulations of the Planning Commission and subject to final approval of the rezoning request, ZOA #88-04. BD/dn M-89-68 r�: � � STAFF REPORT � n��s oa� NiA C�� PLAWf�NG COMuMSSION DATE November 9, 1988 FRIDL�.Y � c:mr � oA�: February 13, 1989 AuT}qR BD/dn REQUEST PERMIT NUMBER APPUCANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONNG U'TLlTES PARK DEDICATION ANALYSIS Fav�►NCiA� inn�uca�orvs CONFORMANCE TO COMPREHENSNE PLAN COA�ATB�!'!Y WtTH ADJACENT USES � ZONNG ENVIRONMENTAL CONSIDERATIONS ; STAFF RECOMMENDATION I APPEALS RECOMMENDATION I PLANNKVG COMMISSION � RECOA�MAEN�ATION � � L.S. ��88-05 Community Development Corporation for the Archdiocese af Minneapolis and St. Paul Rezoning request from R-2 and C-3 to R-3 Northwest corner of Sth Street and`61st Avenue, north of St. William�s church. � 2.79 acres N/A R-2 and C-3 North, R-2 (duplexes); South, C-3 (church); East, R-1 (single family); West, C-3 (strip center). Municipal services available. $750.00 for residential lot split. HRA assistance may be requested. Yes. Yes. Site is depressed below street elevation, currently used as a ballfield. Approval. N/A 6A L.S. #88-05 Community Development Corporation Norwood Square Page 2 REQUEST sB The applicant is requesting subdivision approval to divide the St. William's church property into two lots, one of which would contain the existing buildings and the second lot would contain the proposed senior housing project. The parcel containing the senior housing project is to be described as Lots 1-16, Block l, and Lots 1 and 30, Block 2, Norwood Addition. The land area would also include vacated streets and alleys. As noted in the special use permit report, the applicant is also proposing to create a lot area easement (identified as "open air easement" on site plan) to be recorded against the property owned by St. William's church in order to meet the lot area requirements of the R-3 district. ANALYSIS In order for the applicant to construct 70 units, approximately 175,000 square feet of lot area is necessary. The applicant has achieved a reduction of 15,900 square feet in lot area by creating 53 underground parking spaces. The proposed lot area easement totals 37,600 square feet and when combined with the proposed lot area of 121,500 square feet achieves the required lot area for a 70 unit building. The proposed easement will be located along the north lot line of the church property. The easement should be recorded in conjunction with the recording of the lot split. The applicant should submit the proposed easement document and legal description to the City Attorney's office for review and approval. The easement document should be written to prohibit additional buildinq construction within it, however, it should recognize the existing bituminous parking area in the western portion of the easement and should recognize the necessity to create a storm water management pond within the easement area. Finally, the applicant must submit a revised survey describing both parcels and the easement. The remaining lot containing the existing church buildings exceeds the district requirements of the C-3 and R-2 districts. RECOMMENDATION Planning staff recommends the Planning Commission recommend approval of lot split, L.S. #88-05 to create a lot to be described as Lots 1 through 16, Block 1 and Lots 1 and 30, Block 2, Norwood Addition, subject to the following conditions: Staff Report, L.S. #88-05 November 4, 1988 Page 3 1. Submit an easement agreement to be reviewed and approved by the City Attorney's office ad�dressing the following issues: a. Stating the legal description of the easement b. Prohibiting building constructibn within the easement. c. Recognizing the existence of the church parking area. d. Allowance of a storm water management pond or other drainage and utility structures. e. Other issues as determined by the City Attorney. 2. The easement shall be recorded in conjunction with filing of the lot split at the Anoka County Recorders office. 3. The applicant shall submit a survey of the entire property and provide the legal description for both parcels and the easement after City Council preliminary consideration. PLANNING COMMISSION ACTION At the November 9, 1988 meeting, unanimously recommended approval of the three stipulations recommended by staff. CITY COUNCIL RECOMMENDATION the Planning Commission lot split subject to the It is recommended the City Council approve lot split request, L.S. #88-05 to subdivide the St. William's property to create a separate parcel to be described as Lots 1 through 16, Block 1 and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park subject to the three stipulations recommended by the Planning Commission and subject to final approval of the rezoning application, ZOA #88-04. The resolution formally approving the split will be submitted to the Council when the documents required by the three stipulations have been submitted. 6C ZOA #88-04, SP �88-I5, L.S. #88-OS Community Development Corporation --- - - --- - _ - -- -- -� - -SA�-.�.�.�- + � . � _-„� ~ � l�� Jyry �� =� ,. R � ��iv wn, �� .;�.. , , ENfE ,, 2 f :s� . i C � IVE ` ' � ' � ' : R , . ._. r i) . iyi` � • ' •� � 1l.�bb uM , Co+�e�y 1 . • � � .. BrrAr�� w � ` � /�wcw.I�wii L �� , � `3IS .�.� .�.�.. � .,� � `' -. A. � � , �. � �� ! � i ♦ ,�� r,� : : = UO � QRS ! �° ; r �.✓ �� : .,.� � � �// . � .i � �� a — . i; � ' �� • 3 �� t ,� � ' ; � _ � ��i�,!� �;y`�'L`�: b' 3 1� - : �n � ; •' ll�i� m .�IS 1� .I 1� (� t...,....,r .3.�.: e .�i1 �e : a�e � t'' �' � , arqasto��be r ted s �, �+os � �V� � � , c 'r �. � .�. � .. , . 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S :y,,,.;_ ta,,,x �_� �1� �a�1i�:7 �i�1 �: �� ; �� r %j�TT�� N /:n: / r.,..,., � � � � � � � f 6 � � , > >, e �. . 9 � W s � Z � • � •: M �M I � M� �� -�« • �� ... t �' / �� r�„ r! � •_ ) (�) " � � M ' �. � !' • . � � M ��. /� I � r� � i , ►� � I� � :, % ` i� .� � �� , ZOA �88-04, SP It88-I5, L.S. ��88-05 i� �� +.0 ; : s•n � � � ',� ' F ;� ,i ; ;�II / � � I I y ,�, � � ti�� 11� � � � 1 il� ' _� � i �,_�� _T � (� �1, � . � � 1 � 1 .. ��1 1� � i��) � �� . �� It� 1� � � � . 1�. 1 1;1'� ;� I i i • / •. _-� ' � � � � � '� � ��--�. i i is � i I t� I �� "� '�� iI � � � � � I (�'��i �" II t � i . � �� 'i� � / / �'i I 1 ' � � �� j � at- � 1� ; '; �;�, �. �o, , � � � � �:� 4-,� , �, �, � �.t i � '1 ' Srf'°fl.h' � � ` ( � so1 ��'�� ' � : z � 1 . � i� ' �'° "i �'' �/ ' : �/ W � � � � t, � � �� /i' /� � � � e ' ; !' i � ; ; � � � � :;tol � �s id-�)� �- �'; �� f., - .� .. �:� �, � / / /. �A'tOt • 10.�� N �I 1 � ! ' ; � � i I f' � �, � �.�.�. � � �i � .��. i ' � � �� 1 iC1 w I � at lan •�.• • '� 1 I� I�, �� I� 1 ii.^i iJ 1� � ;; i � � L ��' �i��+ r— � \ � !�1) �i � 1 �1 � � �. � ;.� �� l�yis u+3� va�e,;� � ��1 ,, ,,, _ , . ; j ��, . . / � , � I I i i \ ; � -' � , `, . . , � � i�'� .1 � ; i ��Ix i.�' � �(I�� ,. so, � . ao, i � � ,,, � : � ,I , i I �� —�' � � �� . a � , I • : � '' �' ��\' - } � �. t � �� • � • �, � i�� ; i � � � . �Prcel t 1 e��Createii i ,,� �, — . � �� i ��1� � � � � , r� / : '/ I�Ij'� � � — � ry ` � N 4` � �Z �% ii -1 R i • �� i � 1�� , . � � ! •• •�l'��_` ,`�\ �� y ' � �r �. � •`�`.� -� . ��I � ~ i�� .�.�'� _ 1� � �'� � � � �' I'' —1. � 11� � � � " � I/:: fi '�(� * «,�� \�.co,J ? \.�.�:��,`_..i..:t�1._._.�._, _,. � _ � � — _ ;��°'i'� -t- Vi+�l1 r �•..�4� o� � � e�- ii . d �_ u s Y = e� s� : ' : . � ...,..., � �� •. .ti �� ,, �. � /s 1• g � ' • s • j . � � = �.. � . _ ; �� -- . . (� � ��, i , � , .` I � ;� . ��' M �9 � � E � j �,y;: . r •`-j' o . . _ -ti- I o 1 -+ � �; � : � –=--� . �� 1 ► ( O � � :, � .. � �. � ' j I. �j �i I � I I; .� �� - I •� i �� —�—�i,i '..i Y e i r v � .�� Proposed l.�o# Sp�# ORDINANCE NO. l�lf ORDINANCB RECODI�'YIN�i THS FRIDLBY CITY CODS BY PiMENDINa APPENDIZ F TO PROVID$ FOR THE ADJIISTMEI�iiT OP BALP►RIBB FOR THE Ml�YOR AND COIINCIL1iBMBBRB IN ACCORDl�NCE 11ITH BECTION 2.07 OF T8B CH!►RT$R O� THE CZTY OF FRIDLEY The City Council of the City of Fridley does hereby ordain as follows: The annual salaries for the Mayor and Councilmembers during 1990 and subsequent years shall be as follows: Mayor Councilmember-at-Large Councilmember, Ward I Councilmember, Ward IZ Councilmember, Ward III $8,000.00 $6,550.00 $5,850.00 $5,850.00 $5,850.00 In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time authorized employees of the City of Fridley who are not covered by a labor agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reaclinq: Publication: 7 Virgil C. Herrick David P. Newman James D. Hceft Gregg V. Herrick �� !��'��tl'�..� ��.�. � ATTORNEYS AT LAW M E M 0 R A N D U M T0: William C. Hunt, Assistant to the City Manager FROM: Virgil C. Herrick, City Attorney %� �� , DATE: February 2, 1989 RE: Council Salaries � I have reviewed your memorandum to me dated January 25, 1989, and the attached draft of an ordinance regarding amendment of city council salaries. I am of the opinion that the memo as drafted is satisfactory. I do not believe that it would be necessary to add an exclusion of annual leave to the ordinance. I also note your question whether the council can pass an ordinance with automatic increases tied to the annual general adjustment for non-union employees. I am of the opinion that this cannot be done and that salary changes must be done by individual ordinance. I hope that the above answers your inquiries. VCH:Idb Suice 205, (r�01 Universiry Avenue N.E., Fridlev, Minnesoca 55432, 612-571-3850 7A ., lI �] MEl�tO TO: DIRGIL HERRICIC, CI Y ATTORNEY FR01� t 1/ILLI� C. 8IBT7�liT TO TS� Ci'M 1�llGl� SIIBJ$CTs COIINCZL 8l1LARIBB Dl1TEs JliNUl�RY 25, 1989 Attached please find a draft of an ordinance adjusting Council salaries for 1990. It is scheduled for first reading at the Council meeting on February 13. I would appreciate it if you would review this ordinance and suggest any changes which you think are appropriate. In our discussion with Council members one suggestion was to add an exclusion of annual leave as a benefit. I suppose one could raise the question as to whether or not that is a benefit or a condition of employa►ent. However, under our flexible benefit plan an employee can choose additional annual Ieave in lieu of health care coverage. The question was also raised as to whether or not the Council could once and for all pass an ordinance which increased their salaries by the same amount as the annual general adjustment for non-union employees. That would eliminate the need to come back to the Council every year for consideration of adjustment of salaries. It seems to me that this would be against the law. I would appreciate your opinion on that matter as well. Thank you very much for your attention to this matter. ccs William W. Burns, City Manager WCH/ss E�3 MEMO TO: WILLIAM W. FROM: WILLIAM C. SUBJECT: DATE: BURNS, � Y MANAGER � HUNT, STANT TO STAFF PERSON• �• � ��' � THE CITY MANAGER FOR CHARTER COMMISSION PUBLIC HEARING FOR PROPOSED AMENDMENT TO SECTION 4.06 OF THE FRIDLEY CITY CHARTER FEBRUARY 9, 1989 Section 4.06 of the Fridley City Charter sets forth the procedures for nominating a candidate for election to the City Council. Among other things it establishes a window for filing nomination petitions. Currently, these are to be filed "not more than one hundred thirty (130) days nor less than one hundred (100) days before the general election. . . ." In 1988 this was found to be in conflict with state election laws which superceded this provision. A similar conflict occurred in 1984 which led to the amendment of this section in 1985 to bring it into conformity with the state election laws at that time. Since the state election laws do change from time to time, and since these new statutes supercede the Charter when they are in conflict, it seemed best to the Charter Commission to remove the specific requirement of so many days and replace it with more general terminology which would not have to change as the state laws change. The new sentence in Section 4.06 reads as follows: All nomination petitions shall be filed with the City Clerk in accordance Minnesota State Statutes. The Fridley Charter Commission approved this amendment at its meeting of October 24, 1988, and voted to submit it to the Fridley City Council on January 30, 1989. On behalf of the Fridley Charter Commission I request that you present this amending ordinance to the Fridley City Council and request them to set a public hearing on the proposed amendment for the Council meeting to be held on March 6, 1989. ORDINANCE NO. - I989 AN ORDINANCE AMENDING SECTION 4.06 OF THE FRIDLEY CITY CHARTER THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: SECTION 4.06. NOMINATIONS BY PETITION. The mode of nomination of all elective officers provided for by this Charter shall be by petition. The name of any eligible voter of the City shall be printed upon the ballot whenever a petition as hereinafter prescribed shall have been filed in that person's behalf with the City Clerk. Such petition shall be signed by at least ten (10) registered voters qualified to vote for the office in question. No elector shall sign petitions for more candidates than the number of offices to be filled at the election. Should such a case occur, the signature shall be void as to the petition or petitions last filed. //All nomination petitions shall be in the hands of the City Clerk not more than one hundred thirty (130) days nor less than one hundred (I00) days before the general election at which time the filings shall be closed. The City Clerk shall prepare the ballots with names of the candidates for an office in a manner to be provided by ordinance.//All nomination petitions shall be filed with the City Clerk in accordance with Minnesota State Statutes. Each petition, when presented, must be accompanied by a five dollar ($5.00) filing fee. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. WILLIAM J. NEE, MAYOR ATTEST: SHZRLEY A. HAAPALA, CITY CLERK Public Hearing: First Reading: Second Reading: Publications: 8A Ci�RTEft CONI�+IISSION N�.'t'IlVG, OCI'OBgt 24, 1988 Ms. Hendley asked haw the Catmissian me�mbers felt about the G drawing this fran the City Camc�il and preparing to put it on Mr. Stouffer stated the CoRmissian has started a process, continue that process and let the Council make a decisiori �•1_�� 4 with- >t. 'they sh�ould way or the other. Mr. Betzold stated if the Council does not wte to appr , for what:ev�er reason, then the praposed amerx�nent m�st go to the wters. I should pzobably be on the ballot for the Nov�mUer 1989 electicn. That w�o d be a city wide election. It w�ould be folly to txy to call a special electi in April, so they essentially have one year. If the nonnal processes are in ace and the Council v�otes same time in January 1989, it was his sugges ' to wait arxi see what the Council does. tir. van Dan stated he wauld feel a littl uneasy if they w�ere forcing the issue to a special electio�n, because they trying to increase particiPation in an electoral prooess. The Councilmembe are elected by the people, and the Charter Co�mission members are not so they should let the Council prevail first on their own timelirye and the ssioai can wait and see what happens. M(7TION by Mr. Stouffer, seco by Mr. van Dan, to oontinue the process far proposed Charter amer�rents the City Council, and that the Charter Ca►nussiai review this issue on a mee nQ-to-meetinq basis. UPON A VOICE VOTE, ALL CA.�ItI� UI�1NIl"1rJUSLY. / 2. CONSIDERATION t7F R p,�, CHAIRPII2SOl�i FiEP�LEY DDCL�,RFa TIi� MOTION FC�Et T'�II2SFIIP IN Tf� CI�TER COl'�MISSION: Ms. Hendley sta she had talked to Jahn Sillman who has lived in Fridley since 1979. He is Coordinator for the Fridley Volunteer Service for the seniors and low in people. Iie is now retired and has irxiicated he would be willing to sexv�e Charter Ccnmissian. He will submit a letter e�cpressing his interest ' serving. The C 'ssicn meni�ers stated they would wte to send Mr. Sil]man's name to the J ge after receipt of ti�e letter. Hunt stated he ha�ed tA find aut the procedure, if ariy, for reducing the of th�e Charter C,a�mission meibers by the next meeting. 3. OaNSIDIItATIORJ �' SEX..�IQiV 4. 06 , N(MIl�►TICNS BY PETTTI�I: Mr. Hunt stated that at the last meeting, t�ir. Betzold made a moticn reoor�ner�ding same language for discussion and adaption by the Charter Catmission. " MOPION by Mr: Stvuffer, secoc�ded by Irlr. Oquist, to reaffirm the motion made an Septes��ber 26, 1988, to reoamnend that Sectiori 4.06 of the Fridley City Charter be aanended as follaas: Sentenoe 6, beginning with "All nami.natiori petitions..." be deleted aryd replaced with the follaaing wording: "All rxxnination etitions shall be filed with the Ci Clerk in aco�raar�ce with e e ecti� aws establi ed by Minnesota State Statutes." 8C CI�.AR'I'ER OQt�4�lISSIO!N t�E,T�IG, OC..'TOBER 24, 1988 PAGE S L�ON A VOICE Vl7PE, ALL WTING AYE, CI�,I�ERSON F�TIDL�Y DDCIARED Tf� MCYTION CARRIID UI�,NIMCJUSLY. Mr. van Dan stated that in loaking at the w�ording of the m�tion, he did not like the w�ord; "established", and felt it should be replaced with a m�re appropriate word. To him, the word "established" means a basic, first-time, nailed down fact, and this is not the case. It sho�ld be replaced �ith "regulated" or "o�ntained in Minnesota State Statutes". r�ariots n� r�r. Nelson, seo�nded by Mr. van Dan, to reopen disctissian ori Co'�n.s'ideratio�n of Sectian 4.06, Naninations by Petition" . UP'ON A VOICE VCnE, AI�L VClTIl4G AYE, QIFIIRPII2SON F�.TDI�Y D�I,i�RFD TEiE MO'TION C�FIRRIFD LR�,NIlKOfJSLY. MOTION by Mr. Stauffer, seconded by Mr. Betzold, to change the w�rding in the a o�motiori a.nd that sentence 6 of Sectioci 4.06 of the FYidley City Charter be amended as follows: "All nomination petitions shall be filed with the City Clerk in acoordance with Miruiesota State Statutes." UPON A VOICE VOTE, ALL VOrTING AYE, CI�IRPERSON HE.'i�DLEit DDCL,I�RID Tf� NKyTION CARR� UI�INIlNCXJSLY. 4. CONSIDERATION OF SDLZ'ION 4.07, I�1II�TING PE.TTTIONS (FORMAT) : Mr. Hunt stated that at the last meeting, the Ca�mission voted to refer the consideration of Section 4.07 to the City Attorney and the Charter Camussia�► Attorney for drafting the appropriate lariguage to make Section 4.07 conform with State Statutes. He stated this has not yet been done. This item was oontinued until the next meeting. 5. CONSIDEF2ATZON C�' PREPARATION OF AI�JAL REPORT IN CCi"iP'LIA�E k�TH MINN£SC7TA STA�]'I'ES , 410 . O S, SZJ� . 2: Mr. Hunt stated it had cat�e to his attenti� that the Coinnissial has been out of c�ocipliance with this State Statute requisement to sutxni.t an annual report to the chief judge of the district oourt on or before Dec. 31 of each year. MQ►rION by Mr. Stduffer, secorxied by Mr. Oq�List, to si�ni.t an annual report to the chief judge of the district oourt on or before Dec. 31 of each year; U�e annual report to consist of the past year's minutes of the Charter Cc�missian meetings, alcmg with a oo�ver letter signed by the Chai�person irrlicating this ' is the annual report and citing State Statute 410.05, SZibd. 2. Mr. Hunt stated the Novgti�er muiutes wnuld not be aPProved bY the Char�r . Ca►nussion until their January meeting. and the annual report was t�o be st�i�m.itted on a calerxiar year basis . Ms. Hendley stated she did nat think the minutes had to be appz�o�ved minutes, and the Navenber minutes c�uld be subnutted alalg with the rest of the year's minutes. E � � UlYOF F� �� DATE: TO: FROM: SUBJECT: C011It�ViUNITY DEVELOPMENT DEPARTMENT MEMORANDUM February 8, 1989 • William Burns, City Manager�• �' � • Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Consideration of Approvi�q Development Agreement; Northco Business Park Attached is the proposed development agreement between the City and the FridZey Business Center Partnership, the developers of the Northco Business Park. The agreement includes the special conditions regarding tree preservation, landscaping, driveway limitations and architectural guidelines as well as provisions to complete the improvements necessary to serve the plat (streets and utilities). Also attached is the Declaration of Covenants, Conditions and Easements which will be filed in conjunction with the development agreement against the final plat. This document contains the required easements stipulated by Article V in the agreement. RECOMMENDATION The City Attorney has reviewed these documents and finds them acceptable. It is recommended that the City Council approve the Development Agreement and Declaration of Covenants as presented. BD/dn M-89-74 �ZA_. 9 A DEVELOPMENT AGRED�IENT THIS AGREEMFNT is by and between the City of Fridley, Minnesota, ("City") and Fridley Business Center Partnership, a Minnesota General Partnership ("The Partnership"). ARTICLE I Definitions Section 1.1. Definitions. As used in this Agreement, the following terms have the following respective meanings: "Construction Improvement Plans" means the plans, specifications, drawings and related documents on all construction work to be performed by the City on the Platted Property, for on-site Improvements to be performed, installed or constructed within the Platted Property pursuant to this Agreement. "Improvements" Improvements shall include, installation of sanitary sewer, water lines, storm sewer, fire hydrants, Bituminous paved roads, curbs and gutters as more fully described on the attached Exhibit A and A-1. � "Improvement Costs" shall include construction costs, all design and engineering fees, inspection and testing expenses and other costs customarily incurred for a typical road and utility project incurred in order to complete construction of the Improvements. "Platted Property" means the real property described on Exhibit B of this Agreement. "Architectural Guidelines" means the description, attached hereto as Exhibit C, the original of which is on file with the City, of the /� quality of buildings and landscaping when later constructed on individual lots within the Platted Property. "Event of Default" means an event of default defined in Section 7.1 of this Agreement. "Fridley ZoninR Code" shall refer to Chapter 205 of the Fridley City Code and any subsequent amendments. ARTICLE II Representations and �larranties Section 2.1. Representations and Warranties by the City. (a) The City represents and warrants that it is authorized to enter into and perform its obligations under tliis Agreement; however, no part of this Agreement shall be construed as a representation of the City as to the condition of the Platted Property or as to its suitability for the Partnership's purposes and needs. (b) The City will construct the Improvements upon the Platted Property in accordance with this Agreement and all local, state and federal la�s and regulations (including without limitation environmental, zoning, building code and public health laws and regulations). Section 2.2. Representations and Warranties by the Partnership. The Partnership represents and warrants that: (a) The Partnership, a Minnesota General Partnership, to its knowledge is not in violation of any provisions of the laws of Minnesota and is authorized to enter into and perform its obligations under this Agreement. (b) The Partnership has received no notice or communication from any local, state or federal official or body that the activities of the Partnership respecting the Pla"tted Property or the construction of Improvements thereon may be or Will be in violation of any laW or regulation, except as may have been previously disclosed by the Partnership to the City. (c) The Partnership, in cooperation with the City, will use its best efforts to obtain, in a timely manner, all required permits, licenses and approvals, and to meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Lnprovements may be lawfully constructed. (d) The Partnership is the owner in fee simple of the Platted Property and that there are no interests or claims, either recorded or unrecorded, (other than a first mortgage in favor of the Norwest Bank) against the Platted Property which will impair or impede the performance of the terms of this Agreement by the Company. The lien of said mortgage shall be deemed to be subordinate to the lien of the special assessments against the Platted Property for the Improvements. 2 �� -� ARTICLE III ZoninR and Platting Section 3.1. Zonint� of the Platted Property by the City. The parties acknowledge that the existing zoning classification for the Platted Property is M-2. Section 3.2. PlattinA Costs. Nothing in this Agreement shall be construed ta relieve the Partnership of its obligation to pay all customary and routine costs and fees imposed by the City in processing the platting request for the Platted Property. Section 3.3. Architectural Guidelines: AlI Plans for buildings to be constructed by the Partnership or any subsequent purchaser on the Platted Property shall architecturally and aesthetically conform to the Architectural Guidelines attached hereto as Exhibit C. Section 3.4. Setbacks. It is agreed that all "setbacks" shall be as provided in the Fridley Zoning Code. Section 3.5. Drivewav Limitations. The Partnership agrees to limit the number of curb cuts granting vehicular access to 73rd Avenue to one (1) for Lots 1 and 2, Block one (1) of the Platted Property and to have a maximum of four curb cuts for vehicular access to 71st Avenue for Lots 1, 2, 3 and 4 of Block two (2) of the Platted Property. The Lots affected by such limitations are shoWn by cross-hatching on attached Exhibit D. Section 3.6. Tree Preservation and LandscapinA. (a) Building permit applications for all lots in the Platted Property shall include a landscaping plan in accordance with the standards identified in the Fridley Zoning Code. (b) The landscaping plan accompanying the building permit application shall identify existing trees four inches in diameter on Lots 1 and 2, Block 1, and shall identify existing trees six inches in diameter in Lots 1 through 8, Block 2, of the Platted Property. The proposed building and parking areas on the lots shall minimize the impact to said trees four and six inches in diameter in order to preserve as many of these trees as possible consistent with the full utilization of each site within the Platted Property by the Partnership or any subsequent purchaser as permitted by the Fridley zoning code. (c) Landscaping plans submitted for Lots 1 and 2, Block 1, shall include berming and screening to minimize the visual impact of the development facing 73rd Avenue as well as tdking into consideration construction of a bikeway/walkaay along the south side of the 73rd Avenue right of way. •- (d) All.lighting used to illuminate an off-street parking area shall be shaded or diffused to reflect the light away from the adjoining property and traffic. 3 9C ARTICLE IV The Partnership and City Obligations with Respect to Construction Section 4.1. Construction of Improvements. The City agrees that it will arrange to construct the Improvements on the Platted Property in conformance With the approved Construction Improvement Plans prepared by the Partnership's Engineer, Sunde Engineering. Section 4.2. Construction Plans. (a) The City shall have no obligation to the Partnership to take any action pursuant to any provision of this Agreement, until such time as the Partnership has submitted Construction Improvement Plans to the City, and the City has approved such Construction Improvement Plans. The city shall approve the Construction Improvement Plans if the Construction Improvement Plans conform to the provisions of this Agreement, and to all applicable federal, State and local laws, ordinances, rules and regulations. (b) If the Partnership desires to make any change in the Construction Improvement Plans after their approval by the City, the Partnership shall submit the proposed change to the City for its approval or rejection pursuant to this Section. A proposed change in the Construction Plans shall be deemed approved unless rejected by the City in writing within 10 days of submission thereof With a statement of the City's reasons for such rejection; provided, however, that if in the reasonable discretion of the City s staff such a change is of a nature that Council approval may be required, the City may extend such period by an additional twenty days by notice thereof to the Partnership. Section 4.3. Commencement and Completion of Construction. The City shall use diligent efforts to review the Construction Improvement Plans as quickly as possible following submission and, subject to unavoidable delays, to promptly obtain approval thereof from the Minnesota Department of Transportation. The City shall promptly proceed to publish such notices and do such other and further act� as may be necessary or appropriate pursuant to Chapter 429 of the Minnesota Statutes to cause bids to be made and contrac.ts awarded for the construction of the Improvements, all in the minimum amounts of time practicable under the circumstances. Unless the Partnership shall otherWise consent in writing, all contracts awarded for construction of the Improvements shall include provisions for liquidated damages for late completion, and shall call for a completion date, subject to force majeure, of not later thannAugust 1, 19$9. 4 . �. �z�� Easements, Pavments and Assessments Section 5.1. Easements. The Partnership shall grant to the City, at no cost to the City, any necessary easements, over the Platted Property, for the Improvement� described in Section 1.1 and Exhibit A and further the Partnership will grant to the City in perpetuity a 20-foot bikeway easement along 73rd Avenue. The Partnership acknowledges that the Platted Property is already subject to a 15-foot bikeway easement along the University Avenue Service Road pursuant to Docu�nt No. 114551, all as shoWn on the Survey attached hereto as Exhibit D. Contemporaneously with the filinR of the vlat of Northco Business Park the Partnershi� shall execute a.,d ;1_ of record an Section 5.2. Payment and Assessments. The Partnership petitions the city (see attached Exhibit F) and agrees to allow the City to assess the Platte Property or t e entire mprovements Cost incurred to complete the Improvements described in Section 1.1 and Exhibit A. The Partnership waives its right to notice and hearing on tiese assessments and further acknowledges that the benefit to the Platted Property assessed equals or exceeds the amount of these assessments. The Partnership and the City agree that the Improvement Costs shall be assessed to the Platted Property in accordance with the repayment schedule; interest rates and amounts specified in this paragraph and the allocation formula set forth on the attached Exhibit E. Said special assessment amounts shall be levied and collected in equal annual installments on the annual Real Estate Tax bills for each lot within the Platted Property. Utilities shall be assessed over a 15 year amortization period. Roadway improvements shall be assessed over a 10 year amortization period. Interest on such assessments shall be assessed at the actual rate paid by the City on the funds borrowed to pay for the project;. provided, however, that if the City does not finance the cost of the Improvements through an obligation incurring interest, the City shall be entitled to chart�e t e Partners iu interest on t e cost o the Improvements rate tnen curren improvelrnnt projects. Section 5.3. Possible Future Assessments. The Partnership acknowledges to the City that there will�be assessments for the follvwing: (a) Improvements to 73rd Avenue including but not limited to: road widening, bikeway/walkway installation, boulevard tree plantings, and uniform boulevard lighting installation, paving, curbs and gutters; and (b) For Improvements that may be installed to upgrade 71st Avenue including but not limited to: road widening, bikeway/walkway installation, boulevard tree plantings, uniform boulevard lighting installation, paving, curbs, and gutters. '• 5 9E 9F Section 5.4. Reciprocal Driveway Easement AAreement. The Partnership will draft, execute and file for record. in Anoka County a joint non-exclusive reciprocal driveway easement in favor of Lots 7 and 8, Block 2 of the Platted Property to insure proper access at all times in the future for Lots 5, 6, 7 and 8, Block 2. Cont oraneously with the filin of the plat of Northco Business Park the Partnership shall execute and file o record an instrument approve y t e city creating t e su ject easement. 0 ARTICLE VI Assignment and Transfer; Indemnification 9G Section 6.1. Restriction Upon Transfer of Property and AssiAnment of Agreement. The Partnership represents atld agrees that any proposed transferee, shall, for itself and its successors and assigns, and expressly for the benefit of the City, expressly assume all of the obligations of the Partnership with respect to the lot or lots so transferred under this Agreement and agree to be subject to all the conditions and restrictions of this Agreement; provided, however, that except for the obligation to pay special assessments levied pursuant to this Agreement the obligations of the Partnership under this Agreement shall not apply to any mortgagee consenting to this Agreement, or to any transferee of said mortgagee. It being the intent of the Parties as expressed in this Agreement that (to the fullest extent permitted by la� and equity and excepting only in the manner and to the extent specifically provided otherwise in the Agreement) no transfer of or change with respect to ownership in the Platted Property or any part thereof, or any interest therein, however consu�ated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement With respect to the Platted Property and the Improvements that the City would have had had there been no such transfer or change. Section 6.2. Release and Indea�ification Covenants. (a) The Partnership releases from and covenants and agrees that the City and the governing body members, officers, agents, including its independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter,, for purposes of this Section, collectively the "Indemnified Parties") shall not be liable for, and agrees to indemnify and hold harmless the Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Platted Property. (b) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Partnership agrees to protect and defend the Indemnified Parties, now and forever, and future agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the acquisition, construction, installation, ownership, and operation of the Improvements, provided, that this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement. Y' ARTICLE VII Events of Def ault Section 7.1. Events of Default Defined. The following are Events of Default under this Agreement: . (a) Failure by the Partnership to pay when due all real property taxes properly assessed with respect to the Platted Property; (b) Failure by the City to commence and complete construction of the Improvements pursuant to the terms and conditions of this Agreement. (c) Failure by the Partnership to substantially observe or perform any material covenant, condition, obligation or agreement on its par.t to be observed or performed under this Agreement. (d) The holder of any security interest in any part of the Platted Property or Improvements takes action to enforce the same for satisfaction and the Partnership fails within 60 days to cure any such default. (e) A petition in bankruptcy is filed naming the Partnership as debtor, and such petition is not dismissed within 90 days of the �ate of filing thereof. (f) The City fails to comply with Articles II, IV and V of this Agreement, and, after written notice by the Partnership of such failure, the City has failed to cure such non-compliance within 30 days of receipt of such notice, or the City has not, within 60 days of receipt of such notice, provided assurances, reasonably satisfactory to the Partnership, that such non-compliance will be cured as soon as reasonably possible. An Event of Default shall also include any occurrence which would with the passage of time or giving of notice become an Event of Default as defined hereinabove. Section 7.2. Remedies on Default. Whenever any Event of Default occurs and remains uncured, and the non-defaulting party is in compliance with terms of this Agreement, that party may take any one or more of the following actions after giving 15 days written notice to the other party: (a) The non-defaulting party may suspend its performance under the Agreement until it recaives assurances from the defaulting party, deemed adequate by the other, that the defaulting party will cure its default and continue its performance under the Agreement. (b) Either party may exercise any legal or equitable remedies which may be available in the courts for the enforcement of the terms of this agreement. 0 9H Section 7.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the parties is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon.any default shall impair any such right or poWer or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 7.4. No Additional Waiver Implied by One Waiver. If any agreement contained in this Agreement should be breached by any Party and thereafter waived by any other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to Waive any other concurrent, previous or subsequent breach hereunder. Section 7.5. Termination. If the default is not cured within 30 days of the giving of notice provided in Section 7.2, then the non-defaulting party may terminate this Agreement and/or may refuse to perform its obligations under this Agreement if (i) the non-defaulting party is in compliance with all material terms of this Agreement and (ii) the party in default fails to comply with the terms of this Agreement, and, after written notice by the other party of such failure, the defaulting party has failed to cure such non-compliance within the appropriate cure period set forth in Section VII above. Section 7.6. Action to Terminate. Termination of this Agreement due to the occurrence of any of the foregoing must be accomplished by written notification to the City or to the Partnership, as the case may be, provided by the terminating Party Within 10 days after the date when such option to terminate may first be exercised. 7 _ __ 91 ARTICLE VIII Additional Provisions Section 8.1. Titles of Articles and Sections. Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions hereof. Section 8.2. Notices and Demands. Faccept as otherwise expressly provided in this Agreement, a notice, demand or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if sent by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and, (a) in the case of the Partnership is mailed to or delivered personally to Fridley Business Center Partnership, Suite� 110, 1201 Marquette Avenue South, Minneapolis, Minnesota 55403,. Attention: Dale R. Edstrom. (b) in the case of the City, is mailed to or delivered personally to the City at the Fridley City Hall, 6431 University Avenue NE, Fridley, Minnesota 55432, Attention: Fridley City Manager. or at such other address with respect to either such Party as that Party may, from time to ti.me, designate in writing and forward to the other as provided in this Section. Section 8.3. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 8.�i. Law Governing. This Agreement will be governed and construed in accordance with the laws of Minnesota. Section 8.5. Binding. The terms and conditions of this agreement shall run with the Platted Property and shall be binding upon the Partnership and its successors and assigns. ��, � 9J IN WITNESS WHEREOF, the City and the Partnership have caused this Agreement to be duly executed on this day of , 1989. THE CITY OF FRIDLEY, MINNESOTA ay Its Mayor, William J. Nee And Its City Manager, William Burns FRIDLEY BUSINESS CENTER PARTNERSHIP By James Gray Its General Partner NORTHCO-FRIDLEY ASSOCIATES LIMITED PARTNERSHIP General Partner By Northco Corporation, General Partner By zts Drafted By: ; Fredrikson & Byron, P.A. (LJB) ; 1100 International Centre ;; 900 Second Avenue South � Minneapolis, MN 55402 11 9K STATE OF MINNESOTA ) ) ss. COUNTY OF ) Tt�e foregoing instrument was acknowledged before me this day of , 19 , by , City Manager in and for the City of Fridley, Minnesota, a political subdivision of the State of Minnesota, on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by William J. Nee, Mayor in and for the City of Fridley, Minnesota, a political subdivision of the State of Minnesota, on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by Dale R. Edstrom, President of Northco Corporation, a Corporation under the laWS of Minnesota, on behalf of the Corporation. Notary Public 12 9L CONSENT OF MORTGAGEE The undersigned, the mortgagee under that certain mortgage dated the 21st day of November, 1988, and filed the day of , 1988, as document �� , does hereby consent to the foregoing development agreement and agrees to be bound by the terms thereof and agrees that its interest in the property shall be subordinate to said development agreement. �'he consent hereby given shall in no way operate as a consent to any subsequent alteration or modification of the development agreement. Norwest Bank Minnasota National Association By Its and By Its State of Minnesota ) ) ss County of Hennepin ) The foregoing instrument was acknowledged before me this day of February, 1989 by and the and respectively of Norwest Bank Minnesota National Association, a national banking association, on behalf of said national banking association. Notary Public 13 9M 9N EXiiIBIT A Improvements The Improvements shall include the construction of a Bituminous 10 ton roadway located within the right-of-way designated on the plat of Northco Business Park prepared by Sunde Engineering together with concrete curb and gutter, sanitary sewer, storm sewer, and water lines shown on the attached Exhibit A-1. Detailed final plans and specifications for the Improvements shall be prepared by the Partnership and submitted to the City staff for approval and construction. �l � F.X�iIBIT B Let�al Description of the Platted Property The Platted Property is located in the City of Fridley, County of Anoka, State of Minnesota, and is legally described as folloWS: Lots 1, 2 and 3, Block 1; and Lots 1, 2, 3, 4, S, 6, 7 ana 8, Block 2 Northco Business Park, according to the plat thereof on file in the office of the Registrar of Titles of Anoka County, Minnesota. � . ' F�iIBIT C ARCHITECTURAL GUIDELINES DESIGN INTENT: The purpose of this document is to establish general architectural desiga guidelines for the Northco Business Park, to be developed by The Partnership, located at the intersection of University Avenue and 73rd Street in Fridley, Minnesota and legally described on Exhibit B of this agreement. The following criteria provides the architectuzal framevork for construction of industrial buildings facing major streets and the adjacent residential neighborhood. These criteria are intended for the mutual enhancement and benefit of the nearby neighborhoods, the City of Fridley and the Partnership. These criteria are applicable to buildings built on L ot 2, Block 1 and Lot 1 Block 2 the lot5 abutting the University Avenue frontage road right-of-Way, and �ots 1, 2, 3 and 4, Block 2, the lots abutting the 71st and 73rd Avenue rights-of-way, With front facade o these buildings parallel to University and Lots 1 and 2, Block 1, and Lot 8, Blocic 2, the lots abutting 71st and 73rd Avenues, an t e ots a utting si e aca es visi e rom these streets. These criteria do not apply to interior lots, rear facades, or more than three of the four principle facades of any building and to the remodeling or expansion of eaisting buildings on Lot 7, Block 2. BUILDING MA'TF�tIALS : 1. The followinA � building materials,� or approved substitutes will be encoureged: Brick or materials emulating a brick appearance Natural stone Decorative masonry Exterior tile Architectural metal Decorative and exposed aggregate architectural precast panels Glass curtain walls 2. Common concrete block and smooth faced precast conCrete will not be �acceptable Without prior City approval. COLORS: 1. Natural and neutral field colors are encouraged. �� 2. Strong,�� bold and loud colors Will be discouraged vith the folloaing exception: 1. Accent color stripes and medallions, etc. used to compliment the natural colors when accent colors do not compromise more than seven percent of the exterior facade area, excluding doors and window is acceptable. ^WIND(rii TREATMII�IT: 1. Encourage use of clear and tinted glaaing. 2. Discourage highly reflective and mirrored glazing. 3. Encourags anodized, polished metal and architectural coatings on aluminum vindow systems. ARCHITECTURAL DETAILING: Masonry detailing With accent "soldier" coarsing vhere appropriate (architectural vindow and door headezs will be encouraged). SITE GRADING: Rolling and bermed grading at the base of exterior Walls will be encouraged �rhere appropriate to add variations of scale and visual softening of exterior facades. ('�FNERAL COI9�.N'TS : The above architectural design criteria are not all inclusive and are intended to be used With other applicable planning, landscaping, lighting and signage criteria contained in the City of Fridley codes and ordinances. These criteria are provided as a minimum standard of architectural design quality although they are not intended to limit architectural design creativity. It is understood that the application and interpretation of these guidelines are proposed to be imple�ented by the Partnership or its assigns in the reasonable exercise of its judgment as developer of the site. . - .. �� Oy � >� � u Y � Oa.. ��// I'� VI W Z tn m � _ i.i��. O Z > >,�.�, � �Y. �.A ��; , I �1 �� ` � i _-fYA;I �=��Yl.�:TJ : ? �; 1-- C�� ='� : . � �' � tJJ �. .,� e ; � . , `Y c � � `: I �� a_.� I . I � _ �i s� I� N , ._—/ ` a I ,�, � ��., e � f -, I � � I � • � �, I —� �.' �' i .,. � rr tl�a•cs �` L.� .:_ .� a � �� ( ' I . � I �: I I �� n �� s.r' ../d 0 E��t p � i Z � ' � � , �i �w+ � . L � �� ,� � � � � ' �� i.� � I� � � i 0 � � a il �� ,' � � (1��`�E � � � �s�� . � .• . . \�r � � � � r ��_�,::- �„� ,,.,, _�: - n � � �1 A /A/Il i )i1� �//'Y�/iY /1 ��]/�I�Y�� I r , : i'i'r� ' , �i; ri '•�i v ,�1:y� � �J ✓ 1.: � NORTSCO BUSINES5 PARIC E�4IIBIT E SPECIAL ASSESSI�N'T ALLOCATION SPECIAL ASSESSI�NTS WILL BE SPREAD OVER THE LOTS IN ACCORDANCB WITH T� PERCENTAGES SET FORTH IN COLUMNS TWO (2) AND TS1tEE (3) BEL04l: Col. 1 LOT # BLOCK 1 LOT 1 LOT 2 L(7T 3 BLOCK 2 LOT 1 LOT 2 LOT 3 LOT k LOT S LOT 5 BLOCK 2 LOT 8 LOT 7 � 2 RO CAD OST ALLOCATION i3.osz 13.54z io.aiz 5.15x 4.95x 3.81x 6.58x 4.98z 8.95� 71.85x 3.01� 25.13� � 3 V�fILITIES ALLOCATION io.4sz 25.82x 7.41Z 6.73x 5.73Z b.73x 15.99x 6.73Z 6.77� 93.38� 6. 62Z'��* 0.007. ROADS 0.00� O.00Z TOTAL 100.007. 100.00� ALLOCATION BASIS: ^ �'��* = Hydrant costs for Lot 8 are separataly assessed at 6.62R to Lot 8 9T EXfiIBIT F The Partnership hereby petitions the City for the Improvements as defined in the foregoinq Aqreement, and requests that the � entire cost thereof be specially assessed against the Platted Property in accordance with Exhibit E of the attached Agreement, and hereby expressly waives objection to any irregularity with regard to the said Improvement Assessment and any claim that the amounts levied thereon against the Partnership's Property as excessive together with waiving any and all rights to appeal in the courts as provided under Minnesota Statute g429.081. FRIDLEY BUSINESS CENTER PARTNERSHIP . By 2446r a partner 9u A020889 DECLARATION OF COVENANTS, CONDITIONS AND EASEMENTS THIS DECLARATION is made as of this day of , 1989, by Fridley Business Center Partnership, a Minnesota general partnership ("Declarant"). R E C I T A L S: Declarant is the owner of Lots 1, 2 and 3, Block 1, and Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 2, Northco Business Park, accordinq to the recorded plat thereof, on file or of record in the office of the Registrar of Titles in and for Anoka County, Minnesota (the "Property"). . Declarant wishes to provide for certain easements, covenants, conditions and restrictions as may be necessary or appropriate to ensure the fair, efficient, predictable and compatible operation, maintenance and use of the Property. THEREFORE, Declarant hereby declares that the Property shall henceforth be benefitted by and be subject to the following easements, rights, covenants and restrictions which shall be perpetual, shall run with the land and shall inure to the benefit of and be binding upon the owners of the various lots comprising the Property, all in accordance with the provisions of this Declaration. ARTICLE I Defini*_ions In addition to the words and phrases defined in the foregoinq recitals or elsewhere in this Declaration, the following words and phrases shall have the following meanings when used in this Declaration unless the context c�early indicates otherwise: 2395r 1. Property. "Property" shall refer to Lots 1, 2 and 3, Block 1, and Lots 1, 2, 3. 4, 5, 6, 7 and S, Block 2, Northco Business Park. 2. Lot. "Lot" shall refer to any of the lots comprising the Property. Whenever any provisio�: of this Declaration shall require or permit a Lot �� to act, the Lot shall be dee:ned to act only through its Owner. - 1 - 9V 9W 3. Owner. "Owner" shall mean the fee owner of a Lot; provided, however, in the event a fee owner of a Lot is selling said Lot to a contract for deed vendee of record or in the event a fee owner is leasinq a lot under a lease of a duration longer than ten (10) years which provides for tenant thereunder to be deemed an Owner for purposes of this Declaration, who or which contract for deed vendee or tenant is in possession subject to the contract for deed or lease, then said vendee or tenant rather than fee owner shall be deemed the Owner. the the 4. Lot 8 Parkinq Parcel. "Lot 8 Parking Parcel" shall refer to that portion of Lot 8, Block 2, Northco Business Park, as is legally described as such on attached Exhibit A and is labelled as such on the survey drawinq attached hereto as Exhibit B. 5. Lot 8 Parkinq Parcel Access Drive. Parking Parcel Access Drive" shall portion of Lot 7, Block 2, Northco as is legally described as such on Exhibit A and is label�ed as such drawing attached hereto as Exhibit "Lot 8 refer to that Business Park, attached on the survey B. 6. Siqht Trianqles. "Sight Triangles" shall refer to those portions of Lots 1 and 2, Block 1, and Lots 1 and 7, Block 2, Northco Business Park, as are legally described as such on attached Exhibit A and are labelled as such on the survey drawing attached hereto as Exhibit B. 7. Bikeway and Walkway Easement. "Bikeway and Walkway Easement" shall refer to those portions of Lots 1 and 2, Block 1, and Lots 7 and 8, Block 2, Northco Business Park, as are legally described as such on attached Exhibit A and are labelled as such on the survey drawing a�tached hereto as Exhibit B. 8. Lot 5 Access and Parkinq Parcel. "Lot 5�+ccess and Parking Parcel" shall refer to that par* of Lot 5, Block 2, Northco Business Park, as is legally described as such on attached �xiiibit A and is labelled as such on the survey drawing attached hereto as �xhibit B. 9. Lot 6 Access and Farkinq Parcel. "Lot 6 Access and Parking Parcel" shall rerer �o that portion of Lot 6, Block 2, �torthco Business Park, as is - 2 - legally described as such on attached Exhibit A and is labelled as such on the survey drawing attached hereto as Exhibit B. 10. Lot 7 Access Drive. "Lot 7 Access Drive" shall refer to that portion of Lot 7, Block 2, Northco Business Park, as is legally described as such oa attached Exhibit A and is Iabelled as such on the survey drawing attached hereto as Exhibit B. ARTICLE II Creation of Easements 1. Easements in Favor of the City of Fridley. a. Bikeway and Walkway Easements. Declarant hereby grants to the City of Fridley, a Minnesota municipal corporation, a perpetual, non-exclusive easement for bikeway and walkway purposes twenty (20) feet in width over the Bikeway and Walkway Easement. Declarant acknowledges that portions of *_he Property are presently subject to bikeway and walkway ease�r,ents fifteen (15) feet in width pursuant to Document Nos. 101618 and 114551. The purpose of this easement is ta increase the width of the bikeway and walkway easements created pursuant to said Document Nos. 101618 and 114551 alonq 73rd Avenue Northeast from fifteen (15) feet in width to twenty (20) feet in width preserving, howevez, the width of the Bikeway and Walkway Easement facing the University Avenue Vortheast service drive pursuant to Document No. 114551 at its present fifteen (15) foot width. The City of Fridley shall have a full and free right and authority to come upon that portion of the Property defined in this Declaration as the Bikeway and Walkway Easement for purposes of the construction, reconstruction, operation, maintenance and repair of such bikeway and walkway improvements as the City of Fridley may from time to time elect to create upon the Bikeway and Walkway Easement. b. ASiqht Trianqles. Declarant hereby qrants to the City of Fridley, a Minnesota municipal • corporation, a perpetual, non-exclusive easecr,eat for the preservation and maintenance of sight lines and view on, over and upon the Sight Triangies as 3efined in this Declaration. - 3 - 9X The City of Fridley shall have a full and free right and authority to come upon the portions of the Property defined in this Declaration as the Sight Triangles for purposes of road radius grading, cutting of brush and the performance of such other acts as may be necessary or appropriate to preserve 'the sight lines and views of roadways, driveways, and access ways across the Sight Triangles.� Declarant agrees not to grade, plant any trees or shrubs upon, or construct any improvements on the Sight Triangles that in the reasonable opinion of the staff of the City of Fridley will obstruct the view of adjacent roadways, driveways, and access ways. 2. Easements in Favor of Lot 7, Block 2, Northco Business Park. a. Creation of the Lot 8 Parkinq Parcel. Declarant hereby creates as an easement appurtenant to and for the benefit of Lot 7, Block 2, Northco Business Park, a perpetual, non-exclusive easement on, over, upon and across that portion of Lot 8, Block 2, Northco Business Park defined in this Declaration as the Lot 8 Parking Parcel, for the parking of motor vehicles thereon and £or access on foot and by motor vehicle from and to said Lot 7. b. Creation of the Lot 5 Access and Parkinq Parcel. Declarant hereby creates as an easement appurtenant to and for the benefit of Lot 7, Block 2, Northco Business Park, a perpetual, non-exclusive easement on, over, upon and across that portion of Lot 5, Block 2, Northco Business Park defined in this Declaration as the Lot 5 Access and Parkinq Parcel, for the parking of motor vehicles thereon and for access on foot and by motor vehicle from and to said Lot 7. c. Creation of the Lot 6 Access and Parkinq Parcel. Declarant hereby creates as an ease�ent appurtenant to and for the benefit of Lot 7, Block 2, Northco Business Park, a perpetual, non-exclusive ease�ent on, over, upon and across that portion of Lot 6, Block 2, Vorthco Busi:ess Park defined in this Declaration as the Lot 6 _Access and Parking Parcel, for the parking of motoc vehicles thereon and for access cn foot and by motor vehicle from and to said Lot 7. - 4 - 9Y 3. Easements in Favor of Lot 5, Block 2, Northco Business Park. a. Creation of the Lot 6 Access and Parkinq Parcel. Declarant hereby creates as an easement appurtenant to and f�r the benefit of Lot 5, Hlock 2, Northco Business Park, a perpetual, non-exclusive easement an, over, upon and across that portion of Lot 6, Block 2, Northco Business Park defined in this Declaration as the Lot 6 Access and Parking Parcel, for the parking of motor vehicles thereon and for access on foot and by motor vehicle from and to said Lot 5. b. Creation of the Lot 7 Access Drive. Declarant hereby creates as an easement appurtenant to and for the benefit of Lot 5, Block 2, Northco Business Park, a perpetual, non-exclusive easement on, over, upon and across that portion of Lot 7, Block 2, Northco Business Park defined in this Declaration as the Lot 7 Access Drive, for access on foot and by motor vehicle from and to said Lot 5. 4. Easements in Favor of Lot 6, Block 2, Northco Business Park. a. Creation of the Lot 5 Access and Parkinq Parcel. Declarant hereby creates as an ease�ent appurtenant to and for the benefit of Lot 6, Block 2, Northco Business Park, a perpetual, non-exclusive easement on, over, upon and across that portion of Lot 5, Block 2, Northco Business Park defined in this Declaration as the Lot 5 Access and Parking Parcel, for the parking of motor vehicles thereon and for access on foot and by motor vehicle from and to said Lot 6. b. Creation of the Lot 7 Access Drive. Declarant hereby creates as an easement appurtenant to and far the benefit of Lot 6, Block 2, Northco Bus�ness Park, a perpetual, non-exclusive easement on, over, upon and across that portion of Lot 7, Block 2, Northco Business Park defined in this Declaration as the Lot 7 Access Drive for �ccess on foot and by motor vehicle from and to said Lot 6. 5. Easement in Favor of Lot 8, Block 2, Northco Business Park. a. Declarant hereby creates as an easement � appurtenant to Lot 8, Block 2, Northco Business Park, a perpetual, non-exclusive easement on, over, upon and across �hat portion of Lot 7, - S - 9Z The be perpetual; the Bikewav a Block 2, Northco Business Park, defined in this Declaration as the Lot S Parking Parcel Access Drive for access on foot and by motor vehicle to said Lot S. ARTICLE III Duration of Easements duration of the above-referenced easements shall �rovided, however, that except with respect to a1KwaY Ea t af£�ected Lot Owners shall be entitled to modif or limlt n uration o sai easements and provided�further that the easements or t e ot ccess and Parking Parcel and the Lot 6 Access and Parking Parcel shall automatically terminate upon the sale of the respective Lot burdened by the respective easement in question and also provided/►that the Lot 7 Access Drive shall terminate upon the sale of said Lot 7 unless the conveyance by Declarant of said Lot 7 specifically reserves said easement. Primary access to Lots 5 and 6� Block 2, �hall be via Northco Drive. ARTICLE IV Maintenance and Repair of Easement Areas A. Maintenance and Repair of the Siqht Triangles and Bikeway and Walkway Easement Improvements. In the event the City of Fridley elects to construct bikeway and/or walkway improveme.^.ts on the portions of the Property upon which the Bikeway and walkway Easements were created by this Declaration or which were created pursuant to Document Nos. 114551 and which we:e confirmed pursuant to this Declaration,Athe City of Fridley shall be solely responsible for the maintenance and repair of such improvements and for the safety of such activities. The City of Fridley shall defend, indemnify and save Declarant and its successors and assigns harmless against and from any and all claims, actions, damages, costs and exner.ses suffered or incurred or paid by or asserted against Declarant or its successors or assigns, including but not limited to attorneys' fees, arising from or with respect to the City's actions inqconstruction, maintenance, repair, and/or use, non-use, condition or any other aspect of the improvements constructed by or on behalf of the City on the Bikeway and _ walkway Easement rge of recor�, within t irty ays a ter t e filing thereof, any mechanic's lien filed against the Property or any portion thereof �esulting from the failure of the City of Fridley to pay for any such construction, mainter.aace and/or repair. - 6 - 9AA Described in this Declaration. The maintenance and repair of such improvements as may from time to time be constructed upon the areas contained within the other easements described in this Declaration shall, with respect to the portion of said easement lying upon a Lot, be the responsibility of the Owner of the Lot in question, subject, however, to the riqht of the Owner of any Lot benefitted by an easement to perform neglected maintenance at the sole e�ense of said benefitted Owner. Each Lot Owner shall defend, indemnify and save the other Lot holders harmless against and from any and all claims, actions, damages, costs and expenses suffered or incurred or paid by or asserted against the other Lot Owners or any of them, including but not limited to attorneys' fees, arising from or with respect to the easement in question or the use, non-use, condition or any other aspect thereof attributable to the actions of the indemnifying Owner and the indemnifying Owner shall discharge of record, within thirty (30) days after the filing thereof, any mechanic's lien filed against the Lot of any of the other Onwers to the extent said lien results from the failure of the indemnifying Onwer to pay the costs of any ccnstruction, maintenance or repair for which said indemnifying Owner is responsible at law. �RTICLE V Construction of aqreement The rule of strict construction shall not apply to the. easemeats granted in this Declaration or to the covenants set forth herein. This Declaration shall be given a reasonable construction so that the intention of Declarant to confer reasonably usable benefits and reasonabiy enforceable obliqations is carried out. IN WITNESS TO THIS DECL�TION, Declarant has caused this Declaration to be executed as of the day and year �irst above written subject to all of the terms and conditions herein set forth. rRIDLEY BUSINESS CENTER PART:JERSH I P 3y � - a general partner - 7 - � 1 � 7 :_� STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The faregoing instrument was acknowledged before me this day of , 1989, by , a general partner of Fridley Business Center Partnership, a Minnesota general partnership, on behalf of said partnership. • Notary Public DRAFTED BY: .. '� Fredrikson & Bryon, P.A. (LJB) 900 Second Avenue South 1100 International Centre �Kinneapolis, Minnesota 55402-3397 - 8 - 9CC CONSENT OF MORTGAGEE The undersigned, the mortgagee under that certain mortgage dated the 21st day of November, 1988, and filed the day of , 1988, as Document No. does hereby consent to the foregoing Declaration and agrees to be bound by the terms thereof an� agrees that its interest in the Property shall be subordinate to the easements, covenants, conditions and restrictions created in said Declaration. The consent hereby given shall in no way operate as a consent to any subsequent alteration or modification of the Declaration. Norwest Bank Minnesota, National Association _ By- Its �y- Its STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrucnent was acknowledged before me this day of , ?989, by and , the and , respectively of Norwest 3a:.� Minnesota, Vational Assaciation, a national banking associat�on, on behalf of said national 5anking associat�on. Notary rublic - 9 - • � � 9EE �., ��: � LOT 8 PARKING PARCEL 7he south 228 feet of the north 340 feet of the r+est 128 feet of Lot 8, Block 2, NORTHCO BUSINESS PARK, Anoka County, Minnesota. LOT 8 PARKING PARCEL ACCESS ORIVE The east 50 feet of the most northerly 154 feet of Lot 7, Block 2, NORTHCO BUSINESS PARK, Anoka County, Minnesota. SA I(3� TR7ANGI�S : LOT 1, BLOCK 1,I�Si�ht Triangle That part of Lot 1, Block 1, NORTHCO BUSINESS PARK, Anoka County, Minne- sota, lying northeasterly of a line drawn from a point on the north line of said Lot 1 distant 25.00 feet westerly of the northeast corner of said lot 1 to a point on the east line of said tot 1 distant 25.00 feet southerly of said northeast corner of Lot 1. LOT 2 BLOCK 1, SIGHT TRIAN6LE That part of Lot 2, Block 1, NORTHCO BUSINESS PARK, Anoka County, Minnesota, lying southwesterly of a line drawn from a point on the most westerly line of said Lot 2 distant 25.00 feet northerly of the southwest corner of said Lot 2 to a point on the most southerly line of said Lot 2 distant 25.00 feet easterly of said southwest corner of Lot 2. LOT 1, BLOCK 2, SIGHT TRIANGLE That part of Lot 1, Block 2, NORTHCO BUSINESS PARK, Anoka County, Minnesota, lying northwesterly of a line drawn from a point on the north line of said Lot 1 distant 25.00 feet easterly of the northwest corner of said lot 1 to a point on the west line of said Lot 1 distant 25.00 feet southerly of said northwest corner of Lot 1. LOT 7, BLOCK 2, SIGHT TRIANGLE That part of Lot 7, Block 2, NORTHCO BUSINESS PARK, Anoka County, Minnesota, lying northwesterly of a line drawn from a point on the north line of�said Lot 7 distant 25.00 feet easterly of the northwest corner of said Lot 7 to a point on the west line of said tot 7 distant 25.00 feet southerly of said northwest corner of Lot 7. A-1 BIKEWAY EASEMENT The north 20 feet of Lot 1, Block 1, The most northerly 20 feet of Lot 2, Block 1, The most northerly 20 feet of Lot 1, Block 2, 9FF The north ZO feet of Lot 8, Block 2, � All in NORTHCO 6USINESS PARK, according to the recorded plat thereof, Anoka i County, Minnesota. LOT 5 ACCESS ANO PARKING PARCEI The east 58 feet of Lot 5, Block 2, NORTHCO BUSINESS PARK, Anoka County, Minnesota. LOT 6 ACCESS AND PARKING PARCEL The east 7 feet of10 feet� of� L t 6, Blockt 2, NORTHCO BUSINESS PARKed Anoka feet of the south County, Minnesota. LOT 7 ACCESS DRIVE That part of Lot 7, Block 2, NORTHCO BUSINESS PARK, Anoka County, Minnesota, described as beginning at the northeast corner of Lot 6, of said Block 2; thence southerly, along the east line of Lots 5 and 6, of said Block 2 a distance of 296.31 feet; thence easterly at a right angle a distance of 18.00 feet; thence northerly, parallel with said east line of Lots 5 and 6 to a northwesterly line of said Lot 7; thence southwesterly along said northwesterly line of Lot 7 to the point of beginning. A-2 >. �� V � �F � 2 H �v �� i �: - Y.`—�� • l'. �� " 9 � � -� �- �- -- . �1 �, � c. � �_ —: <t .� �d,., ��d3_'.'•'OJ . � � `� a � ` : � -, �� « Y ,_ _' � � -- � �,� ..t = -� � Q � J.t� � �" ��%1� � � �� (� �� ;� sv: Z �' s •; ;� '•:��i ��;� � .`_.� ° � �, e � M �Y .I�. '�' W �� (. I � � �j \ 0 S � I : N �� y V _ ! �:'�'.; I{n : � Ir w � � 3 O l�t; z I��, —___J.. . � � �N .>>..,s � ..r. �. Y:.,+ �i _ � �� I � _� � '� I ��.� � � 3 : � �� : � � ; w �� ' .� i�w �raa It iAt � � t� � � . • 5 . ti k :i � � �'! ♦ � 1i9rM� ��rN �NI � 1� wn�w oMt ss7aa � a�n �a�aa► � wi � � c0 � � �t'� . � ,� I �'' '��l. -�. ,� ,�''.�-�.� '•� �. . ;..�,�„� �., � • O�_ M i� E�ibit B . � Z � ' • � � , � . «. j , � t � � '' { �• i � ��. . �� ! � � fi.� � ° I� ; � � v � �i � � �� ' � ( �� It 1�� * � :rii � W� �' r r �' ' ._ ' _ � �� .w---r� ort�� . .r� .�.. - ��.� �o4it.�� o �- � �•�� ', �� 1P� �/-��i��i�! i .� i� �17�Y�I�Y �rt.�.�(��7/�I�Yii �F+,�t ��,,, e +r. f �J ✓1 C � � �!�� .r.'iv .•.rir,r,.�rr� .{/v, l:y� � • - ►GG � � � F�� C41111MUNITY DEVELOPMENT DEPARTIV�ENT' M EMO RAN D C.IM DATE: February 8, 1989 j�' TO: William Burns, City Manaqer '�1' FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Approve Final Plat Resolution; Northco Business Park Attached is the final plat and resolution for the above referenced industrial park. The plat has been reviewed by the Anoka County Surveyor's office which has confirmed that the plat is correct as presented. If the development agreement is approved by the City Council (previous item on agenda), approval of the final plat resolution is recommended. RECOMMENDATION It is recommended that the City Council approve the attached resolution authorizinq siqnature of Northco Business Park plat. 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IJJ RESOLUTION NO. - 1989 A RESOLUTION APPROVING PLAT, P.S. �88-02, NORTHCO BUSINESS PARK WHEREAS, the Planning Commission held a public hearinq on the Plat, P.S. #88-02, on December 7, 1988 and recommended approval; and wHEREAS, the City Council also conducted a public hearing on the proposed Plat at their January 9, 1989 Council meeting and approved the Plat at their meetinq; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #$$-02, with the stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by Sunde Engineering. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK � T Exhibit A P.S. #88-02 Northco Business Park Stipulations 1. A development aqreement be executed�between the petitioner and the City Council which includes, but is not limited to: A. Design criteria B. Landscape maintenance C. Tree preservation D. Street and utility improvements 2. The developer shall petition the City to construct and improve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development. 3. Access from 73rd Avenue shall be limited to one driveway. 4. Access from 71st Avenue shall be limited to four driveways. 5. The necessary joint driveway/parkinq easements shall be executed for Lots 5, 6 and 7, Block 2 and Lots 7 and 8, Block 2. 6. The drainage plan, easements for roadways and bikeway/walkways, and the development agreement shall be submitted prior to final action by the City Council. 9LL � 10 CITY OP FRZDLBY PLAI�JNING COMMISSIO� 1�i88TIN�i, Jl�NIIl�RY 25, 1989 ----------------------------------------------------------------- CALL TO ORDER: Chairperson Betzold called the January 25, 1989, Planninq Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Donald Betzold, Dave Kondrick, Sue Sherek, Alex Barna, Paul Dahlberq Members Absent: Dean Saba Others Present: Barbara Dacy, Planninq Coordinator Kathlyn Castle, Planninq Assistant David Hanson, API Supply Co. Mr. & Mrs. William Shields, 1300 Skywood Ct. N.E. APPROVAL OF JANUARY 11 1989 PLP,NNING COMI�ISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Sherek, to approve the January 11, 1989, Planninq Commissian minutes. Mr. Betzold stated that on page 9, first paragraph, line 4, the words, "U.S. Supreme Court" should be changed to "Minnesota Supreme Court". OPON A VOIC$ VOTE, ALL VOTING AYB, CBAIRPBR80N BBT80LD DECLARED THE MOTION CARRIED IINANIM003LY AND THB KINtTTEB APPROVED A8 AMENDED. PUBLIC HEARING• CONSIDERATION OF A PRELIMINARY PLAT P.S. #88-03 GLACIER PARK COMPANY ADDITION BY API SUPPLY COMPANY: Being a replat of that portion of Lot 3, Auditor's Subdivision No. 79, generally located at 5110 Main Street N.E. MoTION by Mr. Kondrick, seconded by Mr. Barna, to open the public hearing. ' UPON A VOICB VOTE, ALL VOTING AYE, CBAZRPBRBO�T HBTSOLD DECLARBD THB MOTION CARRZBD UNANZMOOSLY AND THB PQBLIC HEARINa OBEN AT 7:36 P.K. Ms. Castle stated this property is located west of Main Street and east of the Burlington Northern Railtoad tracks. -1- PLANNING CO1rII�I88ION MEETING, JANV�Y 2S, 198! Ms. Castle stated the replat beinq requested is necessary for the petitioner, API Supply Co., to mortqaqe their building. This property waa recently sold to Glacier Park Co. from Burlington Northern, and the API Supply buildinq is located on the northern part of this plat. API will lease their lot from Glacier Park. Ms. Castle stated the property is zoned heavy industrial as is the property to the north, south, and west. To the east lies a single family residential district. Ms. Castle stated the preliminary plat divides the property into two lots--Lot 1 and Lot 2. Lot 1 contains 11 acres and is the lot which contains the API buildinq. Lot 2 contains 7.5 acres and is currently vacant. Ms. Castle stated staff is requestinq the property owner, Glacier Park Company, to dedicate a bikeway/walkway easement over the eastern part of the plat. This portion of Main Street is part of the City's bikeway/walkway corridor. . Ms. Castle stated staff recommends approval of the preliminary plat with the followinq two stipulations: 1. 2. A park fee for Lot 2 be paid at the time a building permit is issued. A bikeway/walkway easement be dedicated to the City and recorded by August 15, 1989. Mr. Kondrick asked if staff had received any calls or letters from neighbors in the area regardinq this request. Ms. Dacy stated she has spoken to three persons. Their main concern was whether or not API is expandinq its operation. When she explained the purpose of API's request, there seemed to be no objection. Mr. Barna asked what the lot coveraqe is for Lot 1. Mr. Dahlberg stated the staff report indicates a 16$ lot coverage on Lot 1, but he believed it is closer to 40$. Ms. Castle stated the 16$ mentioned in the staff report is an error. When she went through the regulations in reviewing this application, the lot coverage was not over 40�. Ms. Dacy stated the building dimensions are 240 ft. x 260 ft. for a total of'- 153, 600 sq. ft. without the office addition. That makes -2- l�� . pLANI�iING COMMISSION MEETING, JANUl�RY 25, 1989 a 34.1� lot coverage without the office addition. Mr. Dahlberq stated the way the plat is proposed, if, in the future, API decided to expand their buildinq, it could potentially put them over the 40� maximum lot coverage. He was suggesting that API might want to increase the size of Lot 1. Then, if they should decide to expand in the future, they would not have to worry about coming to the City for any special consideration. Mr. David Hanson, Controller for API Supply, stated that right now there are no plans for expansion; however, he did not know what could happen in the future. Glacier Park might be willinq to sell the property to API at some point in time, and that is a consideration for the future. For now, in order not to delay things, he would like to proceed with the plat as requested. Mr. Betzold stated the Planninq Commission will be making a recommendation to the City Council. If, before the Council meetinq, the petitioner decides they want the opportunity to expand, they should let staff know so thinqs can be adjusted before the City Council meeting. Mr. Hanson stated the main concern riqht now is they want some long term financinq on the buildinq, and the title company will not issue insurance until the property is subdivided. Mr. Hanson stated the stipulation reqardinq the park fee affects Glacier Park as the fee owner of the property. They were agreeable to the stipulation regarding the bikeway/walkway easement; however, they do have a fence along there and would be concerned about having to remove the fence. The surveyor estimated about 9 ft. is available, and the City is requesting 10 ft. Would they have to remove the fence? Mr. Betzold stated the easement will always be there; and if at some point in time, the area where the fence is located is needed for the bikeway/walkway, then, yes, the fence would have to be removed. Ms. Dacy stated it depended on the final plans for the bikeway/walkway construction which have not been prepared. She stated City staff would work with API to try to resolve this issue. MoTION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearinq. �.� UPON A VOICE VOTE, ALL VOTING AYE, CH�IIRPBR80lT BBTSOLD DBCLARED THE MOTION CARRIBD ONANIMOOSLY AND THE PQBLIC 88ARINa CLOSSD AT 7:SS -3- 10B PLANNINa COMMISSZON MBSTINO. JA.v'JARY 2S. 198! P.M. MOTION by 1Kr. Rondrick, seconded by Ms. Sherek, to recommend to City Council approval of preliminary plat, P.S. #88-03, Glacier Park Company Addition, by API Supply Company, beinq a replat oi that portion of Lot 3, Auditor's Subdivision No. 79, generally located at 5110 Main Street N.E., with the followinq stipulations: l. A park fee for Lot 2 be paid at the time a buildinq permit is issued. 2. A bikeway/walkway recorded by August easement be dedicated to the City and 15, 1989. Mr. Dahlberq requested staff to calculate the exact lot coveraqe and have that information available for anyone-interested at the City Council meetinq. � UPON � VOIC$ VOT$, ALL VOTIN6 AYB� CHAIRPSR80D1 D$CLARBD TH8 MOTION CARRIED UNANIMOIISLY. Ms. Dacy stated the City Council will set a date for the final public hearing at their Feb. 13 meetinq for Feb. 27, 1989. CONSIDERATION OF A LOT SPLIT L S #88-07 BY WILLIAM SHIELDS:_ To create a separate parcel from Auditor's Subdivision No. 94 to be described as the south 140.00 feet of the west 150.00 feet of Lot 7, subdivision of Lot 10, except the west 75.00 feet thereof, generally located at 1300 Skywood Court N.E. Ms. Castle stated the purpose of the lot split as requested by the petitioner is to create a parcel suitable for the construction of a single family home. Ms. Castle stated that in 1964 Mr. Shields went before the City Council and asked for a lot split. The lot split was approved to split the property into three parcels. One of those parcels is the lot split being requested at this time. The reason Mr. Shields is back requestinq a lot split is because the lot split authorization was never recorded at the County and the subdivision approval expired. Ms. Castle stated the property is located south of I-694 at the corner of Skywood Lane and Fillmore Street. The property is zoned R-1, single family residential. To the south and east is R-1, to. the west is R-1 and R-2, and to the north is I-694. . Ms. Castle stated the proposed common lot line separating the two parce2s errcroaches on the existinq gravel driveway which provides -4- 10C 10D PLANNIN�i COMMISSION MEETIN�3, Jl�iIIl�RY 2S. 198! access to Mr. Shields' house on the northern lot. Because of that, staff is requestinq a driveway easement be retained over the portion of the lot to maintain access to the house. This driveway is currently qravel, and City Code requires all driveways to bo hard surfaced. Mr. Betzold stated he has found from experience with variances on the Appeals Commission that the hard surface driveway is stipulated, but the variance is filed and approved and the petitioner never does get around to resurfacinq the driveway. Is there any way to make sure the driveway is hard surfaced? Ms. Castle stated staff has attached a deadline date to the stipulation of August 15, 1989. If I�Ir. Shields does not install the hard surface driveway by that date, the Code Enforcement Officer will work with him to get it done. If there continues to be a problem, the City can issue a violation citation. Ms. Dacy stated another option would be to have the petitioner post a performance bond or letter of credit; however, she would not like to do that for such a small improvement. Ms. Castle stated staff is recommending approval of the lot split with the followinq four stipulations: 1. A driveway easement over that portion of the south lot shall be executed prior to the sale of the property. 2. The existing gravel driveway on the north shall be hard surfaced by August 15, 1989. 3. A park fee of $750.00 (or current rate) shall be paid at the time of the building permit. 4. A future house on the southerly lot shall be connected to City utilities. Mr. Shields stated he has every intention of hard surfacing his driveway. The reason he had not hard surfaced it before was because he was not sure about the exact lot line and it was all his property anyway. As far as the driveway easement (stipulation #ij, it is his intention to straighten the driveway out and have it only on the northern lot. He also believed he would need to have an easement on his property to connect sewer to the new lot. Before selling or building on the new lot, everythinq would be done. At this time, however, he had no intentions of sellinq the lot. •- Ms . Dacy stated the City Engineerinq Department could work with Mr. -5- PLANNIN(3 COMKISSION MEETING, JANOARY 25. 1989 Shields on th� locations of the utilities. MO Io by l�iir. Barna, seconded by Ms. Sherek, to recommend to City Council approval of lot split, L.S. #88-07, by William Shields, to create a separate parcel from Auditor'§ Subdivision No. 94 to be described as the south 140.00 feet of the west 150.00 feet ot Lot 7, subdivision of Lot 10, except the west 75.00 feet thereof, generally located at 1300 Skywood Court N.B., with the following stipulations: 1. The existing qravel driveway shall be relocated on the northern lot and hard surfaced by Auqust 15, 1989. 2. A park fee of $750.00 (or current rate} shall be paid at the time of the buildinq permit. 3. A future house on the southerly lot shall be connected to City utilities. IIPON !1 VOICB VOTS, ALL VOTING AYE, CHlIIRPBR80�i BST�OLD DECLARED THE MOTION CARRIED UNANIMOU3LY. RECEIVE JANUARY 6 1989 PARKS & RECREATION COMMISSION_MINUTES: MOTIO by Mr. Kondrick, seconded by Mr. Dahlberq, to receive the Jan. 6, 1989, Parks & Recreation Commission minutes. IIPON ]+ VOICE VOTB� ALL VOTIN�i AYS� CHAIRP8RB0�T BLTZOLD DECLARED THE MOTION CARRIED UNANZ1�008LY. RECEIVE JANUARY 5 1989. HUMAN RESOURC�S COMMISSION MZNUTES: MOTION by Ms. Sherek, seconded by Mr. Dahlberq,to receive the Jan. 5, 1989, Human Resources Commission minutes. Mr. Betzold stated he was upset and disqusted when he read the comments made by Mr. van Dan under "Other Old Business" on pages 7-9 of the minutes. He stated Sue Sherek has been an invaluable member of the Planning Commission. She has been elected as the Chairperson of the Human Resources Commission fot the past three years by her peers. If she does not conduct the meetings to Mr. van Dan's satisfaction, then Mr. van Dan should be the one to resign. , UPON !► VOIC� VOTB, ALL VOTINa l�YE, CHJ►ZRPBRSON BBT�OLD DECLARED THE MOTION Cl�RRZED ONANIMOUSLY. ADJOURNMENT: MoTiO by' Mr. Saba, seconded by Mr. Dahlberq, to adjourn the -6- 10E PLANNIN(3 COI�iI88ION MEETING, JANII!►RY 25� 1989 meeting. Upon a voice declared the January adjourned at 8:55 p.m. Resp� ctfully sub itted, . L�nn . Saba Reco�'$ing Secretary vote, all votinq aye, Chairperson Betzold 25, 1989, Planninq Commission meeting -7- 10F � � F�� C01111MUNITY DEVELQPMENT - DEPARTlV�ENT M EMO RAN D UM DATE: February 7, 1989 �c�� i TO: William Burns, City Manager �: FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator P.S. #88-03, APZ Supply Company - Establish Public Hearinq for Final Plat Attached is the staff report for the preliminary plat of propert� located at 5710 Main Street N.E. The subdivision ordinance requires a public hearing for the final plat. It is recommended that February 27, 1989 be established as the public hearing date for the final plat. BD/dn M-89-70 10G / � � STAFF REPORT � APPEALS DATE �� pLql�/�K3 COM��SSION DAl'E: lanuary 25, 1989 F�� CtTY GOUVCX. DATE: February 27, 1989 ,µ�pq BD/d� REQUEST ' PERMR NUMBER APPLiCANT PROPOSED REQUEST I LOCAT{ON � SITE DATA SIZE DENSITY PRESENT ZONWG ADJACENT LAND USES 8� ZONWG UTI.t�E$ PARK DEDICATION ANALYSIS FINANCtAL IMPLICATIONS CONFORMANCE TO COMPFi��NE PLAN CON�ATBLlTY WRH ADJACENT USES � Z01�V�3 ENViRONMENTAL CONSIDERATION3 STAFF RECOMMEI�ATION APPEALS RECOMMENDATION PLANN�VG COMMISSION RECOMMENDATiON P.S. #88-03 API Supply Company To replat Lot 3, Auditor`s Subdivision No. 79 5110 Main Street N.E. Lot 1; 10.3 acres; Lot 2, 7.1 acres; Lot i, 36X lot coverage M-2, Heavy Industrial N, M-I; S, M-2; E, R-l; W, M-2 Available Payable upon building permit application. N/A Yes Yes NJA Approval. � �oH 101 Staff Report P.S. #88-03 API Supply Co. Page 2 REQUEST The petitioner, API Supply Company, is requestinq to replat that portion of Lot 3, Auditor's Subdivision No. 79, qenerally located at 5110 Main Street N.E. A replat is needed in order for the petitioner to mortgage their buildinq located at this site. API Supply's title company will not issue insurance unless the property is subdivided. ANALYSIS Background The property was originally owned by Burlington Northern Inc. who recently sold it to Glacier Park Company. Glacier Park will own both of the lots to be subdivided, but will lease the northern lot (Lot 1) to API Supply Co. Glacier Park does plan on developinq Lot 2 in the future, however, there are no development plans as of yet. Site The property contains 18.5 acres and is being subdivided into two parcels. The first parcel, Lot 1, is approximately 11 acres in size and will contain the API Supply Company buildinq. Lot 2 contains approximately 7.5 acres and is vacant. Both of these lots comply with the regulations stated in the M-2, Heavy Industrial zoninq district. The plat does not include the westerly 250 feet of Lot 3, Auditor's Subdivision No. 79 because this portion is part of a different tax parcel. Burlington Northern's railroad lines are located within this area. Further, the City is requesting a dedication bikeway/walkway easement along Main Street. This portion of Main Street has been designated as part of the City's bikeway/walkway corridor. RECOMMENDATION TO THE PLANNING COMMISSION Staff recommends approval of preliminary plat, P.S. #a$-03, with the followinq stipulations: 1. Park fee for Lot 2 shall be paid at the time a buildinq permit is issued. � 2. A bikeway/walkway easement shall be dedicated to the City and recorded by August 15, 1989. . Staff Report P.S. #88-03 API Supply Co. Page 3 PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval oi the preliminary plat subject to the recommended stipulations by staf�. CITY COUNCIL RECOMMENDATION The subdivision ordinance requires a public hearinq for a final plat. It is recommended that City Council establish February 27, 1989 as the public hearing date for this plat application. 10J ; T.30, R.24 FR/OLEY � W ;i�� ;:� � ��... � :� ■ 51 ST: wAY 6 �: .,.. 9 Srw �FS O� AMf�P/C.I !l!� r 1 -� � 13 !4 P.s. ��8s-o3 10K -- API Supplq Co. � ': ; K � !�/7�Ow Of RtCORLS �f �TMIY AMEY MI 71M .YCwI C_:L`!ry . OlFrClS AFlEp:NC TJ� A'�! i:'fi�:: TM/.Ot•'.'7'Y!�v�••�c.);\ C�-:'q r:._..�. . ..- . . _ •�c ��:rrr :: �:. ; •. . ._ . . . : •u.-:. I + - ^�~• - - - - - � 33927 �o . [. �w c�o�!*" t(t�► . *� 'l - ..�, ` .. Z'...,. .� = � � �' :. •lfS � �I/N y��A f/t� /y� _ LOCATION MAP � � . '► : � �i t � � � �� . � j E� _�-.= :� � ` F�� .. � � � •' j � El� !�c r� � F ��.. t:. P.s. #ss—o3 1 0 M . API Supply Co. �j ��'� � �� : �j�jti�� _ ; � �t �` � s s� �� it�� `� � � ��t� � � � � � � �� l��r j�� E . � � �- - - " �- i�elr ii f�i . � I � �A �, i r Y O (s. � � ` _� �� << ^� pK i M � � � n � r / � : s a 41 G 1 t r i i � - � � y � c. �^ a �t � i� � �—� � V I 1 M I ` n� �� 1 ' a� v r � ��?�'. -� 0 �t ` SITE PLAt� �� F�� C011I1MUNITY DEVELOPMENl' DEPART'MENT MEM�RANDLIM ► DATE: February 7, 1989 ,� I TO: William Burns, City Manager�'�.'� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator SUBJECT: L.S. #88-07, William Shields, and Approve Resolution Attached is the staff report for a lot split request at 1300 Skywood Court N.E. The Planninq Commission recommends approval of the request subject to three stipulations. It is recommended the City Council approve the attached resolution authorizing the lot split. BD/dn M-89-69 � � STAFF REPORT APPEALS DATE C�� p�qNWG CpNMSSION pq't'E : January 25, 1989 F�VI„LI CRY C�OI�VC�. DATE : February 13, 1989 �TFqp BD/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED RE�UEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONNVG ADJACENT LAND USES � ZONNVG UTUTE$ PARK DEDICATION ANALYSIS FlNANCIAL IMPLlCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATB�RY WITH ADJACENT USE3 � ZONNG ENVIRONMENTAL CO�ERATION3 STAFF RECOMMEI�ATICEN APPEALS RECOMMENOATiON PLANNING COMMISSION RECOMMENDATION L.S. #�88-07 William Shields To create a separate parcel from Auditor's Sub. No. 94 1300 Sk}►wood Court N.E. Proposed lot: 10,500 square feet Vacant R-1, Single Family Dwelling district N, I-694; S, R-l; E, R-1; W, R-1 Available $750.00 N/A Yes Yes N/A Approval. Approval with stipulations. 10� 10P Staff Report L.S. #88-07 William Shields Page 2 RE�UEST William Shields, the petitioner, is requestinq approval of a lot split which would create a new parcel from Lot 7, subdivision of Lot 10, Auditor's Subdivision No. 94, generally located at 1300 Skywood Court N.E. The purpose of this split is to create a parcel suitable for the construction of a sinqle family home. ANALYSIS Background A lot split, L.S. #64-22, for this parcel was previously approved by the City Council in 1964. The approval authorized subdivision of the property into three parcels in order to construct homes on two of them (see parcels B and C on the attachment labeled lot split #64-22). The remaining lot (parcel A) contained the existinq single family home. The lot labeled parcel C is the same parcel included in this application. The lot split authorization in 1964 for parcel C was not recorded at the Anoka County Courthouse within the required time period. The subdivision approval therefore expired, makinq it necessary for the petitianer to reapply for the lot split approval again. Site The two parcels created by this subdivision comply with the lot regulations required in the R-1 zoning district. The proposed common lot line separatinq the two parcels encroaches upon an existing gravel driveway which provides access to the house on the northern lot. A driveway easement over that portion of the south lot should be obtained to guarantee access to the northerly lot. The existing driveway is gravel. Section 205.07.06.A.2 of the City Code requires all driveways to be surfaced with blacktop, concrete or other hardsurface material. The petitioner's driveway should be brought into compliance with the City Code. RECOMMENDATION TO THE PLANNING COI�ISSiox Staff recommends approval of lot split, L.S. #88-07 to create a separate parce'1 from Auditor's Subdivision No. 94, with the following stipulations: 1. A driveway easement over that portion of the south lot shall be executed prior to the sale of the property. _ ___ 10Q Staff Report L.S. #88-07 William Shields Page 3 2. The existinq gravel driveway on, the north lot shall be hardSurfaced by August 15, 1989. 3. Park fee of $750.00 (or current rate) shall be paid at the time of building permit. 4. Future house on southerly lot shall be connected to City utilities. PLANNING COMMISSION ACTION The Planninq Commission unanimously recommended approval of the lot split request but amended the stipulations by deletinq stipulation #1 and rephrasinq stipulation �2 to replace stipulation #1 as follows: 1. The existinq gravel driveway shall be relocated onto the northerly lot and shall be hardsurfaced by August 15, 1989. The Planning Commission also included stipulations #3 and #4 of the staff recommendation in their motion as stipulations #2 and #3. CZTY COUNCIL RECOMMENDATION It is recommended the City Council approve a resolution authorizing lot split request, L.S. #88-07, as recommended by the Planning Commission. The proposed resolution for approval is attached. ' � 1QR --- — , ��`� L.S. �88-07 � C � 1 � , � � C � � � � � � � j� y ,,,, Willian Shields . , FI ;Imore 4593 - 94 • 93 " . PR ior 4050 ' . .t. . �:.� RAIPH D. THOlV1AS & ASSOCI 4TE5 I:�C. �� _� zy ' ENGiNEEZS • ' 400 Mc7. LtFF, BIDG. ' • � MtNNEAPOLiS t, IvrNNE50TA '� � . . . • (- 33 . ( � ( . ' ! � I � . �sO, . � � :. . , . . �� :. � W . . �� : { � '�°" . - . . � Ex.sT. • I � 2 ' D�YELL. , . • j � � � ' � rcel a � . 4 � .� , � . ( � M - �s• � � , . � � � ..Parcel Parcei C. Ti� W�sT =_ o� ?�� . . . � I � o ��,� ��o L�' Dr L�T - � � �- ,�� 'xl''4 ' VA�CANT . . � J� on tl�M ��%. Q� ��'v'$ D' �,.S,o•c3 r 1 : (Part o1 �.5..� . • �' ' � !�- ��o �� . . . i � � , � .�, � • � o,�, /ljo q �: � � - �� . e . � o v�sr , . �. , c�� . � 1• � � ��, �,,.� 7f � � � 3�' -- ` � � • .�� i Yd '� . � . � . � � 7 � s,,,� . � � o a�..,c . �" � F.9�,�t viC N� Ro. 66' 'Q/ir •�„-�' � y. :. : i--- - -- - - . � - . -. I � . . : � . • Scole: t"3 60' . r ' O , � _ /i��% I �•i11e hrrrb�+ certifr 7HAT WE HAVE ON TH1S.----._..._... Zu.TH_.._.....�_------_DAY OF..lS�GYEM��'�.-r-•.----t9S2_ , •�Ma.OE A SURVEY OF TH: RE/►l E57A7E DESCRIBEO AS_ _.Tis��- . WLS .TFRLY.__1.�D_.E-ics��--GF --LaT.__.7,r._ .o. S�.►o�Y�s��,_... of. _ «a,---��o, LC�' S�t.tT #64-22 L.S. #88-07 10g ZONING MAP - r vr a71 �,� �/ t �l� �� 1 �� I 'j 1 ; �. � � � • ti.; Y T _`-� . �g ��•. ,/ f r-� r �:s �. / r t � . � � �� I i � � wY I � Y-��-_ �.�� ' T' n C S � � • - • • `I�I7i <II� Y� a A/ L.s. #as—o� 10� William Shields //2 SEC.2� ��TY � F O ' `� � aar�ar !L^ N .. . ., . � .. � � -, J ' I � :, �; � � LOCATION MAP L.S. #$8-0� 1 ou William Shields ,� — _ __ _ _ _ -- - - - -- ----- -- - — --- — - . �� . • �[ompanles 6�75 llp6�wy R!i NE. 1`() Ibr 32� �„�..,.,.,. ��H sw.,t ._�,� ,- SU1ll/RBAIY ENGIlVEERlN� /JVL. '� "'"�` "•• sa w,.�• �uv ss,v� �e,1r •. i- caa wr..��r � c........r c�..,..� . �.,....,, . � �.� . a.. � � C•st�t�cat• ot surv•� tor 1��-�aM SklELOS ��. _ .� Siab '�,� � -, , �.. _ r 4:�'y ? +c / . � 0 � 1 \ . y��t . �b q� � �.. . 02 Z± nr4��/ - . Q✓j�, �` � 1 � I� � i . , J ! � ♦ . ..- \i �t ; o � o. •� � o •.� _ � � �i , � \ � J ,l ' 75• 02 S�cY�rno�� . _ i � J` ._ V � � � � ��1= I , ,� ` �+, 5�4�e • i = 40'. o �- :�?�,.�Tas �rcrJ n: �rGmc �e �� o.a� �a� o�'�e �as� �� ae �'a� a�'Lv� 7 �jU6� r��5�an O� LOT" /0 �LC7��fOYS �UIJQ%Y1510rt /�i0. 94� Ai�f�� y, �� .� x��sf 7s � �'�f ��' . I her�� tertif) thac [A!a sur�e7. Plia or report r�s prepared p� �e or under �� dlrect sup�r aia� �w1 tAsC I a� � dul� licenxd L.ind Sur�e�or undc� the lava ot tAe Scace of Mtnnelot�. 'f� �� -� Si�ned this ��"� da� of �. .JL;L A.O.. 1� !� �[nw/iw/es � weufrux EMer�rcw� ��a. f �5 S `l. . . �=- ---r .�� • --r�...., S ITE PLA N RESOLUTION NO. - 1989 RESOLiJTION APPROVZNG A SUBDIVgSION, LOT SPLIT, L.S. #88-07, TO CREATE A SEPAR1�iTB PARCEL FROIi AUDITOR'S SUBDIVISION NO. 94 TO �E DESCRIBED AS THE SOUTH 140.00 FEET OF THB WEST 150.00 FEET OF LOT 7, SUBDIVZSION OF LOT 10, EXCEPT THE WEST 75.00 FEET THEREOF, GENERALLY LOCATED AT 130Q SKYWQOD COURT N.E. WHEREAS, the City Council approved a lot split at the meetinq; and the Planninq Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to create a separate parcel from Auditor's Subdivision No. 94 to be described as the south 140.00 feet of the west 150.00 feet of Lot 7, subdivision of Lot 10, except the west 75.00 feet thereof, generally located at 1300 Skywood Court N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two separate parcels from Auditor's Subdivision No. 94 NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY C�UNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: SHIRLEY A. HAAPLA - CITY CLERR WILLIAIK J. NEE - MAYOR 10Y EXHIBIT A Ordinance No. - 1989 � 1. The existinq gravel driveway sh�ll be relocated on the northern lot and hard surfaced by August 15, 1989. 2. A park fee of $750.00 (or current ratej shall be paid at the time of the buildinq permit. 3. A future house on the southerly lot shall be connected to City utilities. � 10W 11 CITY OF FRIDLBY SPECIAL PLANNING COMMISSION MEETINa, FBBRIIARY 1, 1989 ------------------------------------------------------------------ CALL TO ORDER: Chairperson Betzold called the February 1, 1989, special Planning Commission meeting to order at 7:00 p.m. ROLL CALL• Members Present: Donald Betzold, Dave Kondrick, Dean Saba, Paul Dahlberg, Alex Barna Members Absent: Sue Sherek Others Present: Barbara Dacy, Planning Coordinator Jock Robertson, Community Development Director John Flora, Public Works Director Steve Billings, City Councilmember Tim Yantos, A.C. Regional Railroad Authority Dick Wolsfeld, BRW Doug Moore, BRW Scott Lund, Corridor Advisory Committee Greg Owens, Chamber of Commerce DISCUSSION OF LIGHT RAIL TRANSIT (LRT): Mr. Betzold stated the Planning Commission had requested this opportunity to meet with the individuals involved with light rail transit and to invite other interested parties to discuss light rail transit. He stated they have to start with the assumption that light rail transit is going to come through Fridley. The Planning Commission's concerns are: If it comes through Fridley, what are the impacts on Fridley? Where should it go? How can the Planning Commission affect this process? Even though there are some overall major decisions that will be made for light rail transit at a far higher level, he felt they should concentrate on planning for light rail transit in Fridley. Mr. Tim Yantos, Deputy City Administrator for Anoka County and Director of the Anoka County Regional Railroad Authority's Light Rail Transit Planning, was at the meeting to give an overview of light rail transit. Mr. Yantos stated also at the meeting with him were Dick Wolsfeld and Doug Moore from BRW. He stated Mr. Wolsfeld and Mr. Moore were hired by the Anoka County Regional Railroad -1- SPECIAL PLANNING COMMISSION MEBTIN�i. FBBRIIARY 1. 1989 Authority and the Hennepin County Reqional Railroad Authority to assist the Railroad Authority in developinq a comprehensive plan. In this first phase they will be developinq a comprehensive plan workinq with Hennepin County because the line obviously goes beyond 37th Avenue from Anoka County to downtown Minneapolis. iiennepin County has four differrent routes they are going to build. Mr. Yantos stated the reason the Railroad Authority got involved in the first place was because they are very concerned about the traffic "grid lock", and they want to provide transportation for their citizens in the future. Also, the Metropolitan Council, in its long range transportation plans, does not look at any more freeways or expansion of highways, but are looking at light rail transit as the next mode of transportation. Mr. Yantos stated that with the comprehensive plan, they are lookinq at whether light rail transit works in Anoka County; and if it does, where? To assist them in that process, they have developed quite an elaborate committee process. The Technical Advisory Committee with various technical people from all over the cities and counties look at the same information. The Corridor Advisory Committee is made up of citizens and business people who are impacted by the proposed routes. The Intergovernmental Committee is made up of elected officials of the cities and counties. The information flows from the Technical Advisory Committee to the Corridor Advisory Committee, to the Intergovernmental Advisory Committee. The Interqovernmental Advisory Committee very quickly will be making a recommendation to the Railroad Authority regardinq the routes and station locations, etc., of the project. Mr. Yantos stated in the study they are looking at patronage analysis or the ridership. They are lookinq at the alignment studies of which routes they want to select, the various station locations, the "park and ride" (another key element), the cost, the roadway system interface, the fundinq and financial alternatives. Those all then become part of their comprehensive plan which will then qo to the Railroad Authorities for approval. Mr. Yantos stated another aspect of what they are tryinq to complete as part of their comprehensive plan is to look at the transportation plan in the future--all the transit systems, the bus systems--to find out how it is all going to weld together within the next 20 years. Mr. Yantos stated he would like Dick Wolsfeld to talk about tiie technical portion and how light rail transit affects the City of Fridley, wiiere it is going, some of the station locations, and how -2- 11� SPECIAL PLANNING COMMISSION M88TINa. F$BRII7�iRY 1. 1989 the decisions are made. Mr. Wolsfeld stated he is a member of the Citizen Advisory Committee and a member of the Technical Advisory Committee. He stated he would start out by telling how this relates to the rest of what is going on in Hennepin County. He stated Hennepin County adopted a comprehensive plan for the City last June, and they saw a long ranqe basic service in six corridors focusinq on downtown Minneapolis: one out Hiawatha to the airport with an extension to the proposed Megamall; one in the 35W South corridort southwest service out to Hopkins, Minnetonka, and Eden Prairie; northwest service to Crystal, Robbinsdale, Brooklyn Park/Brooklyn Center; a northeast line which will connect Anoka County with Hennepin County; and then a connection in the Midway corridor over to downtown St. Paul. The concept was that liqht rail would be a system which will facilitate the movement from the northwest corridor to the airport and southwest to the University. So, they thought it was important in the beginninq not to build a single long corridor but to start service in multiple corridors and then have the system grow. Mr. Wolsfeld stated the Northeast Corridor Study focused on that concept, and the Committee started with 110 miles of candidate places to locate light rail transit service in the northeast corridor. The charge to each of those advisory committees was to come back with a single preferred alternative and to make that advice to the Anoka County Reqional Railroad Authority. The Committee went through the process of looking at technical information on those routes, narrowing them, eliminating and screening out the ones they did not see were superior, until they got down to where they have reached some tentative conclusions they would be discussing at this Planning Commission meetinq. Mr. Wolsfeld stated the would qive the Planninq Commission a flavor of the kinds of technical information the Committee looked at. Generally, they divided the northeast corridor down into Northeast Minneapolis (the City of Minneapolis out to 37th Avenue), from 37th Avenue to I-694, and then north of I-694 qenerally up to the Northtown area. They looked at how much right-of-way is required, the impact on the frontage roads, the impact on sidewalks, whether there is adequate room for parkinq, riqht and left turn lanes, crossing traffic, the impact on land use, and major environmental impacts. The Committee spent a lot of time discussing the issue they refer to as "urban versus commuter" service, and it gets to the philosophy of what they want light rail transit to do. Do they want it to be high speed with relatively infrequent stops that provides a:service that can compete with the automobile, or is their objective to provide more localized service, maybe 1/2 mile -3- 11B SPECIAL PLANNIN(i COMMISSION ME$TING. FBHRIIPiRY 1. i989 to 3/8 mile stations? The travel time is goinq to be lonqer, but they can provide more access to the user. Mr. Wolsfeld stated when they started na=rowinq the alternatives, they very quickly began to focus on University Avenue and Central Avenue, and a number of transitions between those two routes. These two routes were deemed as beinq the best in terms of service, travel times, and other characteristics. Then, the Committee had to begin to evaluate those and choose whether to be on Central or University or a combination of both �nd where. Each of the Advisory Committee members were asked to identify the test, the criteria, and the issues that were most important to them. Some said the highest ridership, some said it should be the fastest travel time, some said it should be the cheapest system, some thought they should avoid the environmental impacts, and some thought they should use light rail transit to foster economic growth. Mr. Wolsfeld stated they talked about economics from three different standpoints: 1. in terms of new development 2. better productivity of the economy 3. fostering redevelopment Mr. Wolsfeld stated that as they.began to look at how one would achieve each of those individual criteria, they ended up with a different answer in terms of alternatives. If they want to maximize the ridership, the data says they can maximize ridership by starting at Northtown, stayinq on University Avenue down to I- 694, then transitioning over to Central, servicing the businesses that exist on Central Avenue, all the way to downtown Minneapolis. Mr. Wolsfeld stated if their objective is to minimize the impacts from a traffic and land use standpoint, the best thing to do is to stay on University Avenue and avoid all the commercial development and right-of-way constraints that exist on Central, down to the Burlington Northern main line, avoid all the single family homes that exist along University Avenue and into downtown. Mr. Wolsfeld stated if they are tryinq to maximize economic impacts, in terms of development as it relates to the north, they could probably be on either one of those routes, but they need to get over to Central Avenue to get better sales productivity per square foot, and they might want to introduce a new alternative�of goinq over to Marshall to try to foster some redevelopment. Mr. Wolsfeld stated the last one is to minimize the environmental -4- 11C SPECIAL PLANNING COMMISSZON ii88TII�ia. F$BRQARY 1. 1984 impacts, and the major environmental concern is Moore Lake. In putting a21 this together in a composite drawinq and look at thoso factors of the ridership, minimizinq impacts, economic impacts, environmental impacts, the conclusion of the Advisory Committee to date is that north of I-694, University Avenue offers more advantages in terms of ineetinq more of these criteria than does Central Avenue. When they get south of I-694, that situation changes, and Central Avenue appears to offer more advantage, and then south of 37th Avenue, it is a mixed baq. Mr. Wolsfeld stated each of the advisory committees is at a different staqe. The Citizen Advisory Committee made its recommendations in terms of what should happen in the next phase, the Technical Advisory Committee is waiting for some additional information on transitions alonq I-694 before they reach any conclusions, and the Intergovernmental Advisory Committee is waiting for the Citizen and Technical Advisory Committees to give them information. Mr. Wolsfeld stated that at this point, he would say that north of I-694 there was a fairly good concensus that University has more advantages than Central. It focuses on Northtown; it provides good travel time; it maximizes ridership; and it minimizes the environmental impacts. Mr. Wolsfeld stated he had a series of complete aerial photos so the Planninq Commission members could see where the line was proposed within Fridley. He stated Doug Moore has been the Project Manager for the northeast corridor,and he would review the proposed alignment through Fridley. Mr. Moore stated they are trying to take advantage of the existing noise barrier that is already protecting the homes from the noise of I-694, so they will be locatinq the light rail up against and adjacent to the noise barrier. Mr. Saba asked why the Burlinqton Northern route was not selected. Why go alonq University Avenue or Central Avenue? Mr. Yantos stated the County is concerned that if they are goinq to have a route, they have to have ridership. The concerns with the Burlinqton Northern line are: (ij the ridership would not be there; and (2j Burlington Northern does not want the light rail there. Mr. Saba stated that he looked at some developments on the East Coast and on the West Coasts that use railroads very successfully and with an extremely high volume of ridership. He just did not -5- 11D 11E 3PECIAL PLANNING CO1rII�ISSION MEBTINa, FEBRIIl�RY 1� 1989 understand why they could not either use the existing track or at least build a track alongside, even if they have to take property. Mr. Yantos stated usinq the Burlington Northern track was one o! the first things looked at by the committee members. They also looked at the potential for development, ridership, and the ability to either share or use or buy property; and it was extremely difficult with the Burlington Northern route compared to the University and Central Avenue routes. Mr. Wolsfeld stated that for Hennepin County's system, the northwest is in a Burlington Northern railroad right-of-way, and the southwest line is in an old Chicago/Northwestern railroad right-of-way that Hennepin County purchased. In lookinq at the Burlington Norethern trackage for the northeast corridor, the major problem is it is way off center in terms of where the primary activities are in terms of access, so its ability to attract ridership would be difficult. Plus, Burlington Northern has said this is their main line for Montana to Chicago, and there is not excess right-of-way within that trackage. Mr. Saba asked what kinds of hazards were there as far as pedestrians and bicyclists crossing the tracks. Mr. Yantos stated they would have gates and lights. There was probably more protection at intersections than there currently is at semaphores and stop signs. Mr. Saba asked if Mr. Yantos had any pictures of what the light rail transit would actually look like. Mr. Yantos stated "Reach of Rail" is an excellent video showing how light rail transit works and what it looks like. Mr. Kondrick asked if Mr. Wolsfeld had any idea what the ridership would be down University Avenue to downtown. He stated a lot of people who live in his neighborhood work in Bloomington, Maple Grove, all over the Twin Cities area. How are they goinq to service these people with light rail transit? Mr. Wolsfeld stated they are not qoinq to be able to service someone who lives in Fridley and works in Maple Grove with liqht rail transit. Liqht rail transit is servinq a certain segment o! the travel market, and it is not the answer to all the transportation problems within the reqion. The estimate is that about 60$ of the ridership will be to or from downtown Minneapolis. The other 4.0$ will have a destination of Northtown, University of Minnesota, the airport,and other destinations alonq the route. The -6- SPECIAL PLANNINa COMMISSION 1�EBTING. FEBRQARY 1, 198 primary reason that the Hennepin County Railroad Authority is proceeding with a system that goes out to County Road 18 as part of the first stage, goes northwest to 63rd Avenue, qoes over to the University of Minnesota, and out to Hiawatha to 46th Avenue is to give service in four corridors such that people have the ability to go more places than just from a single corridor to downtown. They want to qet away from that orientation to downtown. Mr. Wolsfeld stated when Hennepin County put its plan together, they had strong advocates for the downtown tunnel. The people who studied that and supported that were qenerally the suburban mayors. They wanted the ability to move through the downtown area as well as to get to the downtown area. Still, the primary destination is downtown Minneapolis. But, if they look at the percentaqe of the bus riders today who go to the two downtowns compared to the total ridership, he would quess that number is higher than 60$. Mr. Dahlberg asked if this wasn't a pretty expensive system to replace bus service. In effect, it is eliminatinq the University Avenue bus; and at $15 million per mile, couldn't that money be used to really upgrade the existinq transportation system to do the same kind of thing or better? Mr. Wolsfeld stated people ask themselves the question: "Is it something they ought to do in terms of the system?" Adding all the capital costs and operating costs that people in the Twin Cities area spend per year for transportation, Metropolitan Council ended up with a number between $3-5 billion per year. Light rail. is oriented to only about 2-3$ of the person trips in the region. If they spend $120 million and serve 3$ of the people, that would be in proportion to what is being spent. In amortizinq this in terms of an annual cost, they do not get anywhere close to $120 million per year. Mr. Wolsfeld stated he thought the problem with light rail is that people tend to look at it as t�g solution to the transportation problem in the Twin Cities, and it is not. It might be one part of the overall problem. Yes, it is expensive. The trains carry 500 people and 1 driver. With a busy, they have one driver for 48 people. The operating costs per passenger are siqnificantly lower with light rail than they are with a bus. The question is: "Do they get enough people to use the light rail transit system that can justify the capital expenditures?" He stated it is a labor productivity decision. Mr. Saba stated if they used that kind of money to upgrade the bus system, cou-ldn't that end up with a much more portable and service- able system, even thouqh they had more labor costs? -7- 11F SPECIAL PLANNINa COMMISSION MEBTINa, FBBRQARY 1. 1989 Mr. Wolsfeld stated some cities that have made the capital investment in light rail transit have found that the quality and the image that is provided by liqht rail attracts people to transit that otherwise would not even consider the mode. If the purpose in building light rail is to stop every quarter of a mile and replace the bus and travel times that are not significantly different than the bus, it probably does not make any sense to put in light rail because they are then just electrifyinq the bus line. If they are tryinq to provide a mode that has a chance of competinq with the automobile in terms of imaqe, quality, and travel time, the bus which has to sit in the same traffic congestion as the car doesn't have those advantages. If they were to build an exclusive guideway for buses to get out of the lanes of traffic, most people would say the cost is not significantly different than the light rail transit and they might as well do something that has further productivity in terms of the vehicle. Mr. Wolsfeld stated he was recently in San Dieqo. In 1980, San Dieqo opened a line from downtown San Dieqo to downtown Tijuana. Their ridership started in the teens, 13,000-14,000, and is now up to 23,000-24,000 people per day. The run 15 unit headways and that line in 1988 has an operating ratio (revenue over the operating costS) OF 104�. That was the only transit system he knew of in the United States where the operating costs of the system were covered by the farebox. The Twin Cities bus line recovers 36$ of its operating costs out of the farebox. Property owners are paying property taxes in the range of 2- 2 1/2 mils to make up that difference. They project the light rail transit will recover 60- 65$ of its operating costs. . Mr. Barna stated despite gas shortaqes, rideshare programs, the push to smaller cars, there still seems to be a lot of big cars/vans on the roads with only one person. They are looking at a whole different class of people. He could see where maybe a light transit system down University Avenue over to Central and then circlinq back around might be worthwhile for Fridley. He did not see a light rail system gaininq that much ridership to downtown Minneapolis, unless they tear up the roads to qet the people off the roads, and then they might as well put the rails down the old road systems. . Mr. Yantos stated the County is not interested in gettinq all the people off the roads. The population in Anoka County is growinq 19$ from the year 1970-2000. The same roads that existed in 1970 will be the same zoads in the year 2000. There is no planned expansion.. Basically, there is not any room unless they start taking major housing developments out to make room for the new -8- 11G 8P8CIAL PLANNINQ COMMI88ION MEBTINO. FEBRIIARY 1, 1989 roads. Mr. Wolsfeld stated MnDOT's cost estimate to construct/rebuild the 394 to downtown Minneapolis (12 miles of freeway), out to I-694, is $400 million. This is qreatly over budget. Capital costs estimate for the state one system for 29 miles of light rail is $419 million. In looking at the percentage of people in the Twin Cities area who are going to use 394 as a percent of all travel, the light rail will do better at $419 million. Mr. Yantos stated the latest predictions on 394 is that it will be full by the time it opens up. Mr. Yantos stated they are looking at an overall system that will try to live with or manage the tremendous impact on their highways, and they are looking at light rail transit as providing part of that pressure alleviation. . Mr. Saba stated the only way he could see light rail successful is a good feeder bus system. Were there any plans to upgrade the existing bus system, or is it going to continue as it is? Mr. Wolsfeld stated the thought is that MTC will operate the light rail transit system after the system is constructed. The thought then is to take all the buses that have been goinq north/south in this route and provide them on an east/west access. Mr. Dahlberg asked if that was an integral part of the planninq process at this stage. Mr. Wolsfeld stated it is. MTC has not done a specific feeder bus plan for the northeast corridor. They are waiting for a preferred alternative to be selected, and they would then take the buses off Central and University Avenues. It appears, however, they miqht not get to a preferred alternative and will continue to look at Central and University, probably south of I-694. Ms. Dacy stated she had videotaped the possible light transit route through Fridley. She stated the tape might help the Planninq Commission in their discussions about the transit philosophy, commuter versus urban, and look at the route specifics and scme ot the station locations. Some stations are proposed to be located in redevelopment areas. Mr. Wolsfeld stated he agreed transit and the bus service. place to park bicycles, park there is a need for both light rail They need to have walk-in access, a and ride lots, feeder buses, etc. -s- 11H SPECIAL PLANNINC� COMMIBSION M8$TINd. F88RIIARY 1, �� Mr. Saba asked about the reliability of light rail transit as far as time. � Mr. Wolsfeld stated the one qreat advantage of liqht rail transit is its extreme reliability. It is in its exclusive right-of-way so it cannot get caught in traffic conqestion. Mr. Yantos stated the service will be coming at 12-15 minute intervals, both directions, all day from 6:00 a.m. to 12:00 midnight. Mr. Saba asked about the timeframe for buildinq the northeast corridor, and how long it would take to complete the route to downtown Minneapolis. Mr. Yantos stated they could be under construction in 2-5 years. Mr. Wolsfeld stated the major difference between the old trolley car service and light trail is the trolley was a street car, and they ran down the middle of the street. It had to stop whenever there was traffic congestion. Light rail has its own right-of-way and will not be competing with automobiles. The automobiles cross the light rail tracks only. The Commission members viewed the videotape, "Reach of Rail". Mr. Betzold asked what the Anoka County Regional Railroad Authority was lookinq for, if anything, from the Planning Commission, the City Council, and the other people representinq Fridley. Mr. Yantos stated that at this point in time, the committee members have been providing the Railroad Authority with quidance on the general route selection and possible station locations. After the comprehensive plan is completed the end of February, the next phase is the preliminary design stage. The County Railroad Authorities will look at that information and ultimately make the final decision as to where the system will be built. Then they will get into the final engineering stage. Mr. Saba asked how would the light rail transit system be paid for. Mr. Yantos stated they are looking at a variety of ways. Obviously, property taxes would be one way, another would be the State providinq a large portion, Federal fundinq, and a variety oi other revenues. �� Mr. Dahlberg stated that the present infrastructure of the roadways in Anoka County potentially could not accommodate expansion just -10- 111 11J SPECIAL PLANNING COMMISSION 1KB$TINa. FEBRIIARY 1. 198�t due to limitation of riqht-of-way, required acquisition, etc. If a two track rail system is installed, at what level would the trro tracks be at capacity? Mr. Moore stated it depended on how frequently they want the trains to run. In theory, they can operate the trains at 3 minute intervals, so that is 20 trains an hour. If they put 500 people in three car trains, that is potentially 10,000 people an hour in one direction. A freeway lane is movinq fairly well at 1,200-1,400 people an hour. However, he did not think they could operate at a 3 minute frequency in the northeast corridor because there is too much conflict in qetting throuqh the cross streets. A 6-10 minute frequency is something they could expect on a lonq term basis, if they could generate that kind of ridership. Mr. Yantos state the timinq, the of February. Th to go on to the will take about F at that time wil] the preliminary March for review 3 to give the Commission members a perspective of comprehensive plan will be acted upon by the end � Railroad Authority will make a decision whether next phase, the preliminary design phase. That months to complete. All the communities impacted . have interaction all during that 8 months. Then, design plan will come back about 8 months from and comments by the communities. Mr. Robertson stated if it is the Railroad Authority's decision to proceed with light rail transit, the concerns the Planning Commission and Housing & Redevelopment Authority will have are the station locations and station types and the actual visual treatment decisions. Who is going to make that decision? How can the Planning Commission, Housing & Redevelopment Authority, and the City Council evaluate information and provide recommendations back to the Railroad Authority? Mr. Yantos stated each community has a different structure as to how they want to have their information flow up and down to the committees, but they hope that communication will happen. The Intergovernmental Advisory Committee will be continually active throughout the entire process. They will be workinq with John Flora, Public Works Director, and other Public Works people continually over the next 8 months. The Planning Commission reviewed the videotape of the proposed route throuqh Fridley. The Planning Commission sugqested a station be evaluated at the Lake Pointe site or at 7th Street along the I- 694 crossover. , '� Further, the Planninq Commisson initiated discussion reqarding the number of station locations in the City. -11- SPECIAL PLANNIN�i COMI�II88ION MEETIN4. FEBRtl�RY 1. 1989 Mr. Barna suggested three stations alonq University Avenue to minimize the impact on city businesses. Mr. Dahlberq suggested the Planninq Commission foranalize its discussion on February 8 since no regular items are scheduled. Mr. Betzold agreed to conduct a meeting on February 8 at 7:30 p.m. Mr. Betzold thanked Mr. Yantos, Mr. Wolsfeld, and Mr. Moore for coming to the Planning Commission meeting. He stated they could see that the Planninq Commission wants to be involved in the process. ADJOURNMENT• • Chairperson Betzold declared the February 1, 1989, special Planning Commission meeting adjourned at 9:00 p.m. Respectfully submitted, Lyn Saba Recd ding Secretary -12- 11K �.��ks Streets �_ ..�� MEMORANDUM �� TO: William W. Burns, City Manager �''� PW89-24 r FROM: DATE: SUBJECT: John G. Flora, Public Works Director February 7, 1989 Change Order No. 4 to Fridley Municipal Center Project No. 189 In the original plans of the Civic Center, the masonry piers along the south side of the building were found not to be constructed as designed. During the removal of the roofing section, the supporting piers were found to lack the necessary steel that the earlier plans had indicated and are necessary in order to support the new colonnade structure. Our architect, Boarman Associates, and the project manager, Kraus Anderson, have worked with our contractors to design and construct replacement piers for the colonnade system. The estimated cost for this change in work is $30,700.00. Since this work is beyond the scope of the project as originally defined, this amount should also be added to the total project authorization for proper fund control. Recommend the City Council approve the attached change order for the Fridley Municipal Center Project No. 189. JGF/ts Attachments 0 12 r-- � � • �.�. � CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVE., N.E. FRIDI,EY, MN 55432 February 13, 1989 Kraus-Anderson Const. Co. 525 So. Eighth St. Minneapolis, MN 55404 • SUBJECT: Change Order No. 4, Fridley Municipal Center Improvement Project No. 189 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Fridley Municipal Center Improvement Project No. 189 by adding the following work: Addition: ITEM 1. Revise piers at south elevation 2. New face brick SUBCONTRACTOR Jesco Jesco AMOUNT $20,000.00 8,500.00 3. Additional Structural Iron Granote Iron 2,200.00 TOTAL ADDITIONS . . . . . . . . . . . . $30,700.00 TOTAL CHANGE ORDERS: Original Contract amount. . . . . . . . . . . .$3,419,170.00 Contract Additions - Change Order No. 1. ... 16,570.00 - Change Order No. 2. ... 700.00 - Change Order No. 3. ... 20,857.00 - Change Order No. 4. ... 30,700.00 REVISBD CONTRACT AMOUNT $3,487,997.00 12A Kraus-Anderson Const. Co. Page Two Change Order No. 4 February 13, 1989 Submitted and approved by th 13th day of February, Prep ed by �1 Che e by 12B John G. Flora, Public Works Director, on I989. � G. Flora, P.E. 'rector of Public Works Approved and accepted this 8� day of F�r�Y , 1989, by Approved and accepted this day of , 1989, by CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager F �,.��-,t��,, s< w�� ,,�t,� N.,�K, S'r<�e!s ,��.i..,.�,.-,.3-..�. MEMORANDUM r TO: William W. Burns, City Manager �:1�� PW89-16 FROM: DATE: SUBJECT: John G. F1ora,�Public Works Director January 25, 1989 Stop Sign - 51st Way Service Drive We have received a letter from the Commander of the Navy portion of the FMC plant indicatinq a congestion and safety problem at their plant's northern employee parking lot entrance at 51st Way and the frantage road to East River Road. This problem has occurred as a result of the Navy relocating their employee gate to the west opposite the frontage road based upon improvements they were completing on the East River Road gate. While this is the desired location of the plant entrance, it is not totally supported because the overall improvement of 51st Way has not been completed. This project is awaiting the Department of the Navy funding. As an interim, as a four-way safety. This has thawed an� recommend thai signs as soon JGF/ts Attachment it is suggested that we identify that intersection stop in an attempt to improve traffic movement and could be accomplished in the spring once the ground l posts can be installed. In the meantime, I would : the Council authorize the City to install these as possible. 13 �' r!� �- �,i� a CITY OP FRIDT.EY P�TIiION CO'JLR SHEET Pecition No. 1-1989 Date Received Januarv 25 1989 Object Reevaluate the Intersection of Slst Way and the Frontaqe Road because of potential safety problem and take corrective dCt10f1 StOp Slqn reauested to regula a cni�t'h_hnim� traffi�. P:tition Checked By Date Per.cent Sisning Referred to City Council Disposition 13A �t 11 Of � i � c i f � or:� P` DEPARTMENT OF THE NAVY NAVAL PLANT REPRESENTATIVE OFFICE MINNEAPOLIS Ii00 EAST RIVER ROAD MINNEAPOLIS. MINNESOTA SS421-1402 City of Fridley Attn: Di rector of Fridley, MN 55432 Oear Sir: Public Safety IN R[rL� IKF[R TO: 5100 Ser BAT/0111 6 Jan 89 Me have had several complaints of near accidents at the entrance to our parking lot at the intersection of 51st May and Frontage Road. Yield signs are located on the east and west sides of 51st Yay at the intersection, a stop sign is located at the exit fro� the Naval Industrial Reserve Ordnance Plant (NIROP) parking lot (north end), but no sign whatsoever regulates south-bound traffic entering the intersection fran Frontage Road. The near accidents have been due to failure of several vehicles on 51st Way to yield for vehicles coming south from Frontage Road because either the east/west drivers apparently do not notice the yield sign and/or believe that southbound vehicles on Frontage Road must stop. Because of the potential safety problem, particularly to the unwary traveling south on Frontage Road, Nould you please reevaluate the intersection and take any corrective action that you determine necessary. If you have any questions, contact the undersigned at (612) 572-6360. Sincerely, • . W. CHATTIN Conmander, U.S. Navy By direction of the Conmanding Officer .•''"'"'a �J � 3 E . . i � �, I' .� . � �,I 13B Z F� 0 C�;; � ��-� � �� lf Q,l� 1�,'�� v � \ � • �, ♦ r � 3 � � � \� ,' ' � � 13C � � `�1 p �� . �, < Z ��" � $ � � ❑ adoa 3�ina3s t •� �� ., \ �,.,\ _ ��, �, ,. � 3 � T � a� a�a lsv3 � .� �.�. _� �._ � 13D a �� - � ac a v . � . � W W � � _ � � � ; � ; � � . ,a. _ .. �; _� � � � SERVICE ROAD' � -- - � r . • Lt� � . � I � ` - �1�3E ' � o r ! ' � � s-_._ . ,- • ; ; . . � , , � ,. .!�! + ' . ,. . . . _.. ._�.. . . ; - � � t a :� �� ^ -.1 � � ? ' - r " � � r} � �� . . � , . � �- a A � 1 � I 1 � . - . C � Y x ! � � . . a ,,,. . � � v� � • �z � � � .�e � ' � � k--- , + :�•, . _. , ' . ; t t :; . . � .!• , �avoa a3nia lsv3 W J 4 < � .� 14 F�,��:et,�,. Sc'K�;l VV,fltr P13rk5 S!r�et; Md�n:cn.�� MEMORANDUM TO: William W. Burns, City Manager �'�� PW89-32 FROM: John G. Flora, Public Works Director DATE: February 6, 1989 SUHJECT: Hartman Circle Petition Councilman Fitzpatrick has received a petition from the residents on Hartman Circle regarding the County's improvements of East River Road. Since the improvement of the Rice Creek Bridge and East River Road, � are, under control and management of the Anoka County Highway Department, it would be appropriate for the City to relay the citizens' concern to the Highway Department for consideration and response. Recommend the City Council receive the petition and consider the attached resolution. JGF/ts Attachment � � � �, •.�. � CITY Or FP.IDJ.EY PLTITION CO',TLR SHEL•'T petition No. 2-1989 Date F.eceived February 6, 1989 Object Define right turn lane into Hartman Circle and an exit lane immediately to the soath edge of Hartman Circle. Grade back the a roach from Hartman Circle onto East River Road to lessen t e possibi ity of sliding into south bound traffic of East River Road. 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",° - - � - - -----_ __ � _ _ . _ _ _ . � -T---�- - I T �r� �A/�� =Al!'riON � BURIE� CAS � C-aROUTE� R1 PRAP � __ �._ :.. ._ , � ( ._. -3. r � ,_ _....__...__.__i.._�-... ....� PR 15 ,__ ._ :� _, _ PR 16 .� ` �. 1 � _ � a �' � ,� � � : 14F - - - � � 8a�e� s3 � � Fed. Proj. No. n . _ .:, �' _.-i_; . _ � � :.i ��o = L, �� ..._ 'r .% ��' l:-.� . B.M. EI..EV. 843.'7� TOP H`�DRANT � STA.84+9�, 38' l..T. y � + NC7TE�94+�Co LT, i - REIACATE NOTE� 85+04 'TO 8lo+3C u HYO. 20' N. W. � REZ.4CATE SPR i' SYSTEM 20' WE� ,- ' L� `. _ - -- -- - `:i —. F � c_ r=Z r I' ., •-- - �� Pr� 4 .4...- PR 3 � PR 2 PR `' -O _ " !• � ,�� 1� CONC. RETAININCa WF � . 5' T E. • T - + 6i _ � �• 1 _ (�: � - /�: � --+'ToQ.=- —._ - �.�.. . _. _ N.�;.__ __..�...____ _. ^ �- �' • +�SO RA�. PT (2') �—. - - - .. . .. ....... ...... ... .. . . .. . .. . �: N g: r�i �i m .. ... .... ......... .. .. .... . .-.... � � � o � a�� m �: �: �` i ' O � � 1 i� � � �Q,, ! J i I ��L ' � J r` � : > Q � RESOLIITION NO. - 1989 RB80LIITION TO T88 ANORA COIINTY HIGHWAY DEPARTMENT REGARDING THB INTERSECTION OF HARTMAN CIRCLB AND EABT RIVER ROAD WHEREAB, the Anoka County Highway Department has initiated certain roadway improvements on the Rice Creek Bridge and extending on East River Road to Hartman Circle, and WxEREAB, these improvements have changed the roadway geometrics at the intersection of Hartman Circle and East River Road, wHEREAB, the residents on Hartman Circle have submitted Petition No. - 1989 to the City Council expressing their concerns regarding a southbound right turn lane, an access lane onto East River and the approach grade to East River Road, and WHEREAS, the City Council shares the concern of the Hartman Circle residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the Anoka County Highway Department address the three specific issues: 1. A right lane onto Hartman Circle 2. An exit lane from Hartman Circle 3. Approach grade from Hartman Circle to East River Road BE IT FURTHER RESOLVBD that any improvements determined necessary be initiated as soon as possible or if appropriate within the succeeding East River Road Improvement Project. PASSED AND ADOPTED BY THE CITY COIINCIL OF T$E CITY OF FRIDLEY THIB 13TH DAY OF FEBRIIARY� 1989. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK 14G E�,y;�,�:.�. — s<�wt� w.i;er P.irkn .1.�`,�fs nier�,.� . MEMORANDUM l�� TO: William W. Burns, City Manager,�`� PW89-25 FROM: John G. Flora,r Public Works Director DATE: February 1, 1989 SUBJECT: Northco Business Park The Northco Business Park Plat is being submitted to the City Council for approval on February 13, 1989. They are also submitting the development agreement and request for improvement services as identified in the Preliminary Plat Stipulations. Based upon the Developer's desire and petition to construct an interior road (Northco Drive), to service this development, it would be appropriate for the City Council to authorize the staff to prepare the plans for the construction of the improvements for water, sanitary sewer, storm sewer and road. Attached are the necessary resolutions for the water, sanitary and storm sewer work for the Water, Sanitary and Storm Sewer Project No. 188 and the street improvements for the Street Improvement Project No. ST. 1989 - 1 calling for the preliminary plans and waiving the public hearing. Recommend the resolutions. JGF/ts City Council approve the attached four (4) 15 „ I � r�� i �a �a �� ¢ �� ,� � Y ii I.i. V I W Z � W O i {.� O Z � Z ; (. . L� � —� ;.:,- r''�� 4 <'- [ ) � `c �� LJ � `' ' 1 I 4_ � 4 .�Sr:ew ��b � CJ � � �- ::!�I : _ � �? o I, � �, i w C �.•J � '.� I „ n �� ._J M c� _ w .. n �: / '1R • �� I w � L'J;Q �a ��;.� , ': �;. - ;:;: �_;I= � 1-". �_ I �I ? I I \� :r.— i � ', /- J' � I � l I " i I ` ( � �- � �•�� ... _.;s , I Rp oaasc.y o` .. \ R„ ,, \ I ( � , . e (;: . � , I = �� , N � � l� �.- _ ., i I ;� r �. ;— I �_ , n . , ti, \°a \\ '� �i��f� � ti � r �•e , — — \ _�c°o.`rc0°•sN - �, - - " � " ,J ' _ . . L : �.. �,. �:_. �� ; �., i $ • ! i . � � � e � � w i � � �N � O � w �� -- - � -- � , , —1_ -- '� -- -''- -• ,�,, , , ��/�v �`'� __ _" J. � !_ . • - A ItE80LVPI�i �A. - 1989 vs_ �i � • •�•n :�• � c• vca � n� �� • sw�� v• v. �� "r. � I' `r. •I' �.I. •�-. Y.I:iI'IJ�I. r�I' dl' �♦• 1 V' '� =1` ,1:�' •1'� �i`s."'Iil' '�• :r • 1�OW, �, � iT RFeOLVV� by the City Ca�cil of the City of F�idley as follaws: 1. That it appe�rs in the ir�terests of the City ar�d of the property owrie.rs affect.ed that the,re be vo�tn�cted oeYtain itq�rwements to-wit: Street imprav�nents, irticludirig gra�dir�g, stabilized base, h+ot�ix bit�nminau.s mat, concrete cu� ar�d gutter, sidewalks, water ar�d sanitaYy sewaer services, storm sewex system, and other facilities located as folluas: � •��::�• :�n_ � �s:�; •� •i•�r: �• �:•Z-;- 2. �at the Public Works Direct:o�, Joi�n G. Flora, �City Hall, Fridley, Minnesota, is hereby auth�orized ar�d direct.�d to draw the pre1; �; na,v plans ancl specificatioa�.s and to tabulate the results of his estiunates of the costs of said im�raveznents, includiryg evexy itaa of oost fi�an irioeptio� to c�oatpletion arid all fees arxi expenses incurred (or to be in�cui�ed) in vonnectioa� ther�with, or the financing thereof, and to mak�e a prelimi.r�y r�ort of his firidings statir�g therein whether said iitq�rav�ments are feasible ar�d whether they can best be made as Pra�osed. or in oonnecti� with so�ne oth�x i�rwements (ar�d the estimated cost as reooa�nerXied) , including also a descriptioai of the l�uxls or area as may receive betlefits therefran arx.i as may be proPosed to be assessed. 3. That said preliminary report shall be furnist�ed to the City C�uncil. PA3SID A1�ID ADOPI�D BY '� CITY QOi�II, 0�' '� CITY O� FRIDLEY �IIB 13TS DAY OF FEBRi�,RSC, 1989. WTT T TAM J. �, I�1YOR �� SIiIRIEY A. HA�PAIA� CITY Q�iK 15B IiE80ZpTZ�T 1�. - 1989 •�rc • � • •i:,�.:� � � r:i: • v:a � n,. •a v:�•• •� �� •�sw:,� � � r - � � �. . � �:r. • �i:� :ia.� • � •: �:1: F y;rl' •i- �:1: •• � '�1 •. •t- M:ri'dY� � � 1•'�� :r I:ti ..I� :�' :M• 1 V' �� I.!'� I.i' �;'. .�d`,.I.�• •.� i • Wi�18� 't� C�17�'LStYi]��1 Of �dlll ]I�R:rJVHC1�TYtS 1S C�22� t0 b2 lIl �iC ir�terest of the City of Fridley and the prvperty awt�ers affect.ed thereby. I�"�W, �, B8 IT ItEeOLVV� by the City Cb�mcil of the City of Fridley as follaws: 1. That the preliminans report submitted by the Public Works Director, 1S heY'�7 rP.�OElVEd STId dOOE�;ed. 2. ZY�at the City C1erk shall act to asoextain the name ar�d address of the cxar�er of eac� paroel of lancl directly affected or within the area of lands as may be prapo�eci to be as��sed for said i�rw�nents, ar�d calculate estimates of ass�essments as may be pro�o�ed relative ther�t�o aqainst each of said laryds. 3. That the area prq�osed to be asses.sed for said improve.ments and each of th�n as notsd in said notioe are all the l�r�d.s ar�d areas as noted in said natioe: All of the saome tA be assessed piro�ortionately acoon�iir�g to the benefits reoeived. 4. That the estimates of a��_��++� of the City Clerk shall be available for inspecti� to the awr�e�r of ariy paroel of lat�d as may be affec,�ted thereby. 5. That all praperty vwners who�e prop�tty is liable to be assessed with the makiryg of the i�rovements have sic�ned an agreem�nt requestiryg the imprav�nents ar�d c�titute 100 pe.rce.nt of the praperty vwrie,rs who will benefit frcm the ia�rw�rnx�t ar�d do waive the right to a public hearir�g which is alla�ad under the norn�al proc�ures set fortti in Minr�esata Statutes Ct�apter 429. PASSID AI�ID ADOPIR� BY Zi� CITY OO�IL � Zi� CITY OF FRIDLEY ZffiS 13TH DAY OF FEffit[TARY, 1989. WII�SAM J. N� - Ng1Y�2 ATI'F�'I': _��• n . .. a « �•� 16 �IQT 1�D. - 1989 •1:r� • i •� •i'.� :,1' � ' '1'✓1 � �� i� '♦ ' :rM�• V, -� ��-• �� :r:� � 1� y;rC •1" �:I: �� : �:1:�'/:r�l' '!?I: � 1"�� d' I:� '-• 7 • •1'��'�.•• ��.' • " I�7W, T�FO�'8, B$ IT RE80LVED by the City Oa;t�cil of the City of FYidley as follaws: 1. Zlzat it appeaxs in the ir�t�rnsts of ti�e City ar�d of the property owt�rs affected that there be oo�nstruated oertain i.n�rove�ents to-wit: Street i�raveqaerYts, includincJ 9��1, stabilized base, hot�nix bit�nmina�s mat, concrets curb ar�d gutter, sid�ewalks, water and sanitary sew�r servioes, storm sew�r syst�n, arxi other facilities located as follvws: I • •�r:.a• :+1�: � i:r:�_ • •� •i•��: �• � . . - That the wr�rk involved in said inprov�ents listed abave s�hall hereafter be designated as: 'I :il :rll � I�L�J�/ J y I :� � J '� • :r • � 2. 221at the Public Works Dir�ector, Jcahn G. Flora, City Hall, Fridley, Minne.sata, is he.rei�y authorized ar�d direct,ed to draw the preliminaYy plans and specifications and to tabulate th�e r�sults of his estimates of the oosts of said i�rovements, ir�cludirig every itesn of oost fran inoeption to c�letion ar�d all fees and expes�ses iixuurred (or to be incurred) in oonnectio� therewith, or the financing thereof, and to make a preliminaYy report of his findings stating therein whether said improveqnents are feasible ar�d whether they can best be made as Propo�'-�ed, or in connection with sane at2�er inQrav�nents ( ar�d the estimated c�st as reo�ed), ir�cludiryg also a description of the lands or area as may receive be.nefits therefran azxi as may be pro�osed to be assessed. 3. That said preliminary report of the Public Worl�s Director shall be furnished to the City C�uncil. PASSID AI�ID ADOPI� BY T� CITY OOi�IL � TI� QTY � FRIDLEY ZiIIB 13TH DAY OP' F�RY, 1989. WII�IAM J. DTEE� MAYOR AT1�ST: n• r. . .. w « �•� 17 IiE80�I�T1'I�i lD. - 1989 •�:r_� � r. •�:rw;� • � �:i: ..,c� � n �. •� •�:�•�r� � •�;.w:i � � c •: • • ��. • - 1r:�: � II:1 :Id+� • � • . Y:�: r• �:rl• •�- �:r. N: �C •i1� •�. • ' M31'JV' / � 1• ' � � :r I:M 'I:rl: � 1' ' • � :r I:n '�• :r • •i'��: •• � ' �i8 � ��11C�1tY1 O� OP�'�d1T1 1iC�'�V�YtS 1S C182l11P�d tA i� ]Il thk.' interest of the City of Fridley and the prop�x�ty vwnexs affect.ed thFx�eby. 1�P, �, B� IT REBOLV�, by the City C7au�cil of the city of FYidley as follvws: 1. Zhat the prel»++�*�� repart submitted by Jcahn G. Flora, Public Works Director, is her+�+by reoeived ar�d aooep�t,ed. 2. 'Yl�at the City Clerk shall act to a..�oert'ain the name anci address of the cxaner of each paroel of lar�d directly affect:ed or within the area of lar�ds as may be prq�osed to be assessed for said imp�rwe�nents. and calculate estimates of as may be prc�osed relative thereto against each � of said l�nds. 3. That the area prc��osed to be asse��seci fos said improveqnents ar�d each of tham as r�at.ed in said notioe are all the lands and areas as nated in said notice: All of the same to be as��es.sed prnportionately a000rding to the benefits rec�ived. 4. ZY�at the estimates of of the C1erk shall be available for inspec.-tion to the awr�r of ariy paroel of larid as may be affecrted thereby at any public hearir�g held relative thereto, as well as at ariy prior time reasonable and oonvenient. 5. 'It�at all property owt�ers wYbose property is li.able to be asses��ed with the making of the imprr�v��ents have sicp�er.i an agre.e�nent requesting the improvemerYts �r�d c�titute 100 peroerYt of the praperty vwners who will benefit frotn the it�rovement ar�d do waive the right to a public hearing which i.s allaaed �u�cler the normal prooeciures set forth in Minnesota Statutes Chaptex 429. P�SSF�D A1�ID ADOPI'ED BY Ti� CITY �IL OR� 7� CI'I'Y OF FR�LEY 'I�IIS 13ZH DAY OF FEBRL�iRY, 1989. WII�L�IAM J. N� - NAY�2 ATTFS'r: u- r. . . . « �•� � 18 18A � CITY OP FRIDT.EY P�T ITIOI3 CO'JL• R SHEtiT Petition No. 3-1989 Date F.eceived February 10, 1989 . object Waives objection to any irre ularit with re ard to the said Im�ement ssA essmen an any c aim t at the amounts levied thereon against the Partnership's Property as excessive to ether with waivin an and all rig s o appea in e courts as provided under Minnesota Statute 429.081. Pctition Checked By Per.cent Sisning Referred to City Council Disposition Da te EX�iIBIT F The Partnership hereby petitions the City for the Improvements as defined in the foregoing Agreement, and requests that the entire cost thereof be specially assessed against the Platted Property in accordance with Exhibit E of the attached Agreement, and hereby expressly waives objection to any irregularity with regard to the said Improvement Assessment and any claim that the amounts levied thereon against the Partnership's Property as excessive together•with waiving any and all rights to appeal in the courts as provided under Minnesota Statute §429.081. FRIDLEY BUSINESS CENTER PARTNERSHIP By 2446r a partner 18� S l. N t..�r. . V` .. Y.1!I"� SifE'C�5 'J'.t,r !��i.,��" . MEMORANDUM TO: William W. Burns, City Manager �� PW89-26 . � � FROM. John G. Flora, Public Works Director DATE: February 1, 1989 SOBJECT: University Avenue West Service Drive North of 83rd Avenue At the October 17, 1988, Council meeting, we received Petition No. 18-1988 from the property owners to provide services and utilities to their property on the northwest quadrant of 83rd and University Avenues. The water and sewer services were completed last winter by Water, Sanitary & Storm Sewer Project No. 183. It would now be appropriate to combine the 500 feet of street into our Street Improvement Project No. ST. 1989 - 2. The preliminary plans were submitted to the Council by Resolution No. 98-1988. Attached is a resolution waiving the public hearing and calling for the improvements for the University West Service Road, 500 feet north of 83rd Avenue. Recommend the City Council approve the attached resolution. JGF/ts Attachments 19 � �1 �. ��i� � ., : ..;�. � � - 1: . ,. � � .�... ��.�. r. . ,, , � . - .t . . :.;:. .•.. . . . . •`��'`�.' �F i� . .. ��- . . . � _ . � . � ' , , O ' � Q � o� , 3 � s ��.-� 19A � i�: . • .., . � � � . •. `., � . � . • . . `. ' TM.1 � � /�� O.EY.s87S.i Z scol• . . �� i----�---� � �M+�, . l� '• � � � . �. . �/1 � i . � F" � , TM.2 ,� W - . 3. � O.EV =e7�_o ; �,,, . . ..-- $- -• a ,�;.: . , �. ' �° APPROxiMATE , BtJ�D�IG N ' ,�� . _ L,L)C�ATION 100 X 100 � M ' � � . . . ` . , �, � . W o � �� . � , > ' . a ` . 1'. �e .. • � . � � ; � . � 83rd AV E. N.E. . • �„ . ., .�.. , r � . � . • � . , rI . ■ � , , . 6.M. W �" �ob �e. : ' - . . . > ., , x-eeo� �. z . � .: ;• , ' � _ . � ' dat� . •y � � . � ' , . •;' � ' S•10-89 . . . . � ' . . � � � ,. . '. � . drawn � �, .� BENCHMARK� �OP OF 1iYDRANT. ELEKs8i9.0� MJP '' , , _ Y ' . . �� .. � . � � � • � ch�ck�d � .� � , � � _ , •� �_$O1L INVESTIGATION $UBTERRANEAN •�'�� aC �� ENG�NEERING� p R.P� � � ' Sr''f�+�i�E1F:.�;�:, MN. :M I n n e a p o I 1 s. M p n e s o t a?� x x' x � . x �' �T�� "' CONSULT�NG SOIL ENGINEERS St1R(3EONS �r�� •rv.-��• . i RE80LV1'I� 1�U. - 1989 •�:r_• � • •�:�s�:� � �; c �:i: •�:i � u � '� •�c�•��•� � •�J�c� � � • • -�. . - • �i:� :�:� • � • �:i= �' :r�' •I' �.I- •• � '.I • •I' M:i1'�V' �. � I' '�� } I:r ��JI. / �� '� � J �.^ � � � �� JI�� 1_ ..�"s: �/:il' � M: �'. .1� � :r �1. • •:'i�• � 1 W�,S, the oor�stnu.-ti� of oertain imp2�wanents is dee�necl to be in the interes-t of tile City of F�idley azrl the prop�xty owt�ers affec,-t�ed there.by. NOW, �, B� IT 1�EeOLVV�, by tiye City �7aancil of the City of Fridley as follaws: 1. That the prelimuiaxy repoYt sutmitted by the Public Works Director is hereby Y�eoeived ar�d aooepted. 2. Zt�at the City of �i.dley shall act to ascert.ain the name ar�d addres.s of the awner of e�di g��t�el of lar�d directly af fec..-t,ed or within the area of lar�d.s as may be pxr��osed to be asses��ed for said improve�ne.nts, ca].cvlate est�mates of as maY be Pro�osed relative thereto agairLSt each of said larx9s. 3. 'Ihat the area proposed to be asses�sed for said impmv�nents and each of them as nat:ed in said agree�nent are all the lar�d.s ar�d areas as noted in said agree�nent. All of the s�ne to be assessed pro�portionately acco�3ir�g to the benefits re�eived. 4. That the estimates of of tt�e Clerk shall be available for inspec-tion to the owr�ex of ariy paroel of lar�ci as may be affecterd thereby. 5. 'I3�at all prc�perty awr�rs wY�ose property i.s liable to be asses.sed with the mzking of the improv�s have sigr�ed an a9ree�nerit requestin9 the i�rove�nents ar�d oo�stitute 100 peroent of the property vwr�ers who will benefit fran the iaprw�nent ar�d c�o waive tY�e ric�t to a public heariryg which is allc�w�e,d uryder the norntial procedur� set forth in Miruzesota Stattttes Chapter 429. �I� 1� • �• • :�1� �:1: M •�'ll N� •I' Y:i: M •1" ' �� i:� = Y: �'' •' al: /� '� WII�SAri J. IJEE - N1�1Y0�2 A'I'I'F..'ST: n• r.. •. a � �•� � MEMORANDUM ,�� City ot Fridi�y �� d431 Usi��►sity Ar�s�� N.E. `� Fridl�y. Minn�sot• SS4�= Phon• (d1Z)871-S4S0 TO: FROM: DATE: SUBJECT: Oftic� ot th� City Msna9er Willism W. Burns THE HONORABLE MAYOR AND CITY COIIN�I�. NILLIAM 11. BIIRNS� CITY MANAGER �•�� FEHRIIARY 8� 1989 CONTRACT WITH BIIMER-ASSOCIATEB� INC. The attached contract provides for services of Lyle Sumek as he • works for the City toward the establishment of a long-term goal setting process. According to this contract, we are paying Lyle a sum not to exceed $4,500.00 plus reimbursable expenses for activities one through four as identified on page four of exhibit A. I recommend Council approval of this contract. wWB/la zoa RESOLUTION N0. - 1989 RESOLUTION TO ENTER INTO A CONTRACT WITH SUMER ASSOCIATES, INC. FOR LONG RANGE PLANS AND GOALS FOR TAE CITY OF FRIDLEY WAEREAS, The City wishes to retain the services of a consultant for purposes of working with the City Council and the City staff in developing long range plans and goals for the City, and WHEREAS, the City staff has interviewed a number of consultants who have expressed an interest in providing these services to the City, and WAEREAS, after numerous interviews the City staff believes that Sumek Associates, Inc., is the most qualified.to provide to the City the services desired. NOW, THEREFORE, BE IT RESOLVED that the City enter into that certain Professional Services Agreement with Sumek Associates, Inc., which Agreement is dated February , 1989, a copy of which is on file with the City Manager's office and that the City staff is hereby authorized to perform the necessary duties and requirements as contained within said Agreement. PASSED AND ADOPTED by the City Council of the City of Fridley this day of February, 1989. WILLIAM J. NEE, MAYOR ATTEST: Shirley A. Haapala, City Clerk (1/23/89 RES2) r� PROFESSIONAL SERVICES AGREEMENT . THIS AGREEMENT made and entered into this day of , 19 , by and between TIiE CITY OF FRIDLEY, MINNESOTA, a Municipal Corporation, hereinafter referred to as the "City" and SUMER ASSOCIATES, hereinafter referred to as "Professional". WITNESSETH: In Consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as followss 1. Scope of Services. The Professional agrees to provide on a periodic basis, certain services generally related to increasinq the effectiveness of the qovernance, management and service quality of the City in accordance with the objectives and procedures attached hereto as E�chibit "A" and incorporated herein by this reference. The particular services to be rendered by the Professional in furtherance of this Aqreement shall be as determined by the City from time to time durinq the term of this Aqreement on a project basis at the discretion of the City Manaqer. Such requirements shall be communicated to the Professional with reasonable advance notice and the Professional shall be compensated therefor accordinq to the provisions of Paragraph 4 of this Aqreement. 2. Term. This Agreement shall remain in effect from the date of execution hereof until one (1) year hereafter unless earlier terminated in accordance with the provisions of Paraqraph 8 below. 3. Desiqn, Project Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all desiqns, plans, reports and other services rendered by the Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies as provided in Paraqraph 11 hereof. 4. Compensation. In consideration of the services to be performed pursuant to this Aqreement, the City agrees to pay Professional on a time and reimbursable direct cost basis accordinq to the followinq schedule: Billinq Ratess $900 per day or prorated portion thereof. Billings for Activities 1- 4 in Exhibit "A" sShall not exceed $4,500 plus reimbursable direct costs. Additional activities shall be billed at a rate of $900 per day when such services are requested by City in accordance with paragraph 1. Reiabursable Direct Costs: Copyinq, telephone expenses, travei, meals, car rental, hotel, and any other costs 2 20C 20D directly related to the Professional's performance under this Agreement and approved by the City Manager. Payment shall be made following acceptance of the work by the City and approval of verified costs submitted by the Professional. Upon final payment, all desiqns, plans, reports, and other services rendered by the Professional shall become the sole property of the City. 5. City Representative. The City hereby designates william W. Burns (^City Manager") as its project representative who shall make, within the scope of his authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, chanqe orders, and other clarification or instruction shall be directed to the City Manager. 6. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fridley. 7. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Aqreement shall be considered as an aqreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Aqreement without the prior written consent�of the City. � 3 20E 8. Early Termination by City. Notwithstandinq the time periods contained in Paraqraph 2 above, the City may terminate this Aqreement at any time without cause.by providinq written notice of termination to the Professional by certified or reqistered mail, return receipt requested. Such notice shall be delivered at least seven (7) days prior to the termination date contained in said notice unless otherwise aqreed in writing by the parties. Said notice shall be effective as of the date of mailinq. For purposes of this Aqreement, the followinq address shall be utilized: Sumek Associates, Inc. 3775 Iris Ave., Suite 1-A Boulder, CO 80301 In the event of any such early termination by the City, all compensation theretofore due to the Professional for services rendered prior to such early date of termination shall be tendered by the City on or before said date of early termination, subject only to the satisfactory performance of the Professional's obligations under the terms and conditions of this Agreement. In the event dates for work on-siqht have been scheduled and confirmed, cancellation shall result in payment by the City of one- half (1/2) of the Professional fee anticipated for the scheduZed and confirmed on-sight work. Additionally, the City shall pay any direct costs of the Professional associated with the planned on- sight work; includinq any airline penalties. 4 10. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform accordinq to the terms of this Agreement, such party may be declared in default thereof. 11. Remedies. In the event a party has been declared in default hereof, such defaultinq party shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. In the event of default of any of the agreements therein by either party which shall require the party not in default to commence legal or equitable actions against the defaulting party, the defaultinq party shall be liable to the non-defaultinq party for the non- defaultinq party's reasonable attorney fees and costs incurred because of the default. 12. Binding Effect. This writinq, together with the e�chibits hereto, constitutes the entire agreement between the parties and shall be bindinq upon said parties, their officers, employees, agents and-assiqns and shall inure to the benefit of the respective 5 20F survivors, heirs, personal representatives, successors and assiqns of said parties. ATTEST: (City Clerk) APPROVED AS TO FORM: (City Attorney) THE CITY OF FRIDLEY, MINNESOTA BY: (City Manaqer) PROFESSIONAL: BY: TITLE: 6 20G SumekAssaiates, li'lC. January 9, 1989 Bill Burns City Manager City of Fridley 6431 University Ave. N.E Fridley, MN 55432 Dear Mr. Burns, Exibit A This letter is in response to your recent request regarding Goal Setting and Team Building for your Mayor and City Council. In response to our conversation, I have prepared an outline for a Leadership Program: Goal Setting and Team Building for Mayor and Citq Council (Attachment A). In addition, I have enclosed a brief description of our q�alifications (Attachment B) and a brochure on Sumek Associates. The primary purposes of the Goal Setting and Team Building for Mayor and City Council are to: . Develop the capacity of the Mayor and City Council as leaders for the city and in Lhe co�unity . Build positive work relations which support Mayor, Council, and staff teamwork . Refine the governance process, improving Council meetings and their working relations with Boards and Co�issions . Define key policy issues, establishing a policy agenda for the upcoming year . Outline specific direction on key policy issues . Integrate the goals into current city processes for budgeting and policy analysis . Enhance the energq and enthusiasm of the Mayor and Council as they respond to their leadership challenges 3775 Iris Aaenue Suite 1-A Boulder, Cvlon�do 80301 303 442-1ti50 20H Page 2 As a result of the Goal Setting and Team Building Program, the following outcomes will be generated: [1] Policy Agenda -- defines and prioritizes policy issues which can guide the community and the city organization [2] Gold Stars -- accomplishments for the past year which can be celebrated in the city organization and with the community [3] Target Monitoring and Status Reports -- developing specific processes for translating targets into actions [4] Ground Rules for the Mayor and City Council -- agreed upon guidelines for the Mayor and Council operations [5] Meeting Refinements -- exploring actione fof enhancing the effectiveness of policy deliberations and meeting processes These specific outcomes lay a foundation for enhancing the teamwork of the Mayor, City Council and city staff. We believe that the most effective city organizations function as teams. We believe that city teams must be GREAT. They must have: G = GOAI.S The foundation for an effective team begins with a well- defined set of goals and purposes. The common goals and purposes bind the individuals together and provide a sense of unitp by outlining a common vision and values. B = RULBS The second element begins with respect for individuality of each team member. Individual roles and responsibilities of team members are defined in clear expectations and performance standards. Ground rules for team operations are established. E = E%ECUTION The third element is taking action and producing results. The team develops specific operational plans, establishes processes for executing team goals, evaluates team performance and processes, and makes adjustments to enhance the team's effectiveness over time. 20l 20J Page 3 e = arrirQnB The fourth elemeat is building work relations and providing energp through celebration. This Team Spirit is the "glue" which holds the team together, particularly in times of pressure and frustration. The result is a strong sense of unity among team membera. T = TSUS? The final element is building the level of trust among team members. Team members earn respect and trust through their actions. Team members need to provide personal support to each other. As Sumek Asso�fates provide services, we adjust our approach to our client's needs. We believe that personalized service is the best response to our clients. We also take a practical approach by developing workable producta and outcomes which can be used on a daily basis by the Mayor, City Council and city staff. Based upon our approach, we serve four primary roles as we provide services to our client cities: [1] Facilitator - facilitating the establishment of specific goals and processes for enhancing the leadership capacity of the Mayor and City Council [2] Process Designer - helping Mayor and City Council refine their governance processes, including meeting effectiveness [3] Teacher - providing a common frame of reference for Mayor and City Cauncil to understand the city by sharing experiencea fron other cities [4j Counselor - providing personal support Co the Mayor aad City Council -- someone with whom to talk and to share concerns and frustrations The consultation fee for Lyle Sumek (President) is $900.00 per day. The client is expected to reimbuse Sumek Associates for all other costs including travel, telephone, training materials, instruments and any other expenses which have been agreed to previously. Page 4 A specific program outline has been developed for qou based upon our convereation. This can be found as Attachment A. This outline should be seen as fle$ible and caa be further adj usted to your evolving situation and needs. The estimated costs oE this program are as follows: Activity 1 - February 1989 Interviews ...................................... 1/2 Day Activity 2- February or March 1989 Team Building Workshop Preparation .............. 1/4 Day Team Building Workshop .......................... 1 Daq Preparation of Team Building Summary Report ,.... 1/2 Da Y Activity 3 - March 1989 Leadership Workshop: Preparation ............... 1/2 Day Leadership �lorkshop ............................. 1-1/2 Days Activity 4 - March 1989 Preparation of Leader's Guide ................... 1 nay Activity 5 - March 1989 (optional) Making the Targeting Process work for Fridley ... 1 Day Activity 6 - Jutte 1989 Leadership Session ............................... 1/2 Day Session Report ................................... 1/4 Day Additional phases for the Citq of Fridley may be planned including: (1) Strategic Planning for Fridley - development of a five to seven year Stategic Guide reflecting a longer term vision for Fridley's future i2) Organization Wellness program - Team Building and Management Developmettt for the city organization Specific proposals will be presented based upon further discussion. I look forward to working with qou in the upcoming months. These activities should be seen as flexible and adjustable to your individual needs. Please do not hesitate to call our office if you have any questions or comments regarding this letter or materials. Sincerely, Lyle J. Sumek, Ph.D. IJS : lb Enclosure 20K 20L Attachment A LF.ADE�SflIP PBlOGBA�: GOAL SErtING A�ID TEAM BIIILDIFG FOS ltAYOY A�ID CIiY COOgCII. FgIDAY, ?IZANBSO'!A JANUABY, 1989 Leadership Program: Goal Setting and Team Building for Mayor and City Council may consist of the fo.tlowing activities: Activity One: Interviews with Mayor and City Council Individual interviews will be held with the Maqor and City Council, and possibly city staff. The purposes of these interviews are to build an active working re2atioaship with each member of the Council; to provide an opportunity to reflect on and share observations on current Council activities; to discuss trends and policy issues facing the Mayor and City Council; to explore stresses and frustrations on Mayor and City Council; and to obtain ideas for the Leadership Workshop. Activity T4ao: Team Building Workshop A half- or one-day session is generally conducted with the Management Team. The purposes of this session are to review the City Council's accomplishments during the past year, to build the Management Team's capacity to work with and support the Mayor and City Cauncil, and to obtain information for the Leadership Workshop, focusing on target issues from the Management Team. Activity Three: Leadership Workshop for Mayor and City Council A one-and-a-half to two-day Leadership Workshop for the Mayor, City Council and City Manager will be conducted. The primary focus of this session is on building Lhe leadership capacity of the Mayor and City Council, on developing the Mayor and City Council as a policy team, on identifying specific goals that need to be addressed during the next one to two years, on establishing a directioa on major policy issues, and on refining the governance processes within the city. Activity Four: Leader's Guide for Mayor and City Council Ia following up the Leadership Workshop, a Leader's Guide is prepared for the Mayor and City Council. This Guide becomes a working document for the neat year. 20M Page 2 Activity Five: Making the Targeting Process Work for Fridley (Optional) In following up the Leadership Workshop, the consultant will work with the staff to develop an ongoing targeting process for Fridley. The activities will include the development of Municipal Action Plans (MAPs) which define each target and develop a specific action program. A target monitoring system and form will also be developed for monitoring activities and reporting the status to the Mayor and City Council. Activity Six: Leadership Session for Mayor and City Council Three months after the Leadership Workshop a Leadership Session will be conducted for the Mayor and City Council. The purpose of this half-daq session (likelq in the evening) will be to review the status of target issuea and make any refinemeats, and to review Mayor and Council operations looking for additional refinements. A Summary Report will be prepared of this Session which will serve as a foundation for further enhancing the effectfveness of Mayor and City Council as leaders. Attachmeat B SII!!6[ ASSOCIA?BS: WHO WS ABS Lyle J. S�et, President, combines twenty years of teaching and consulting experience including work with Mayors, City Councils, City Managers and their management staffs. He worked with the City of San Diego as an Assistant to the Public Works Director, Assistant to the Fire Chief, and Assistant to the Maqor and City Counci2. His educational background includes a Bachelor•s degree and a Master's degree in Public Administration from San Diego State Universitq and a Ph.D. in Public Administration fron the Universitq of Southern California. He has taught at the University of Southe m California, Northe m Illinois University, and most recentlq at the University of Colorado, where he was the Assistant Dean for the Graduate School of Public Affairs. He began consulting with cities in 1969. In 1979, when he left the University of Colorado, he created Sumek Associates, with the purpose of serving the needs of cities. Sumek Associates has a nationwide clientele of cities and has provided workshops for twenty various municipal leagues. J. Brent McFall, Vice President, has enjoyed a successful career as a City Manager. Ais educational background includes a Bachelor's and a MPA degree from Kansas University. He has served as Assistant to the City Manager in Lawrence, Kansas; City Administrator in Merriam, Ransas; City Manager in Emporia, Ransas; and most recently as City Administrator in Kent, Washington. He has taught as an Adjunct Professor at Emporia State iJniversity. Over the years, he has conducted various workshops for municipal leagues and professional associations. 20N 21 t� . MEMO TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: WILLIAM C. HUNT SUBJECT: RECOMMENDATION TO AWARD BID FOR MUNICIPAL CENTER TECHNICAL SYSTEM DATE: FEBRUARY 9, 1989 Seven (7) companies requested and received specifications and bid proposal forms for the Municipal Center Technical System. Bids are to be received and publicly opened on Thursday, February 9, 1989, at 4:00 PM at the office of Electronic Interiors, 40 Mackubin Street, St. Paul, MN 55102. Analysis of the bid proposals will be conducted immediately to determine which company will receive the recommended bid award. The Technical System is budgeted as part of the Municipal Center Renovation Project. A recommendation to award the bid for the Technical System will be presented to the City Council on Monday, February 13, 1989. CITY OF FRIDLEY l`�- M E 1� O R A N D II M 22 e 'I • ti � � �b�� b � `Y � � ~ � I;� ��P TO: WILLIAM W. BORNB, CITY MANAGER � s�iD� ,� P P° Nti"� G`�' .s � r�' o,,° gN,,� ; ,• FROM: RICHARI) D. PRIBYL, FINANCE DIRECTOR �°� ��+'� ��,�`'`�P 3IIBJECT: AWARD OF THE TELEPHONE SYSTEM BID �''��a�v 1'�"''"`j4C��ry DATE: FEHRIIARY 8, 1989 Attached you will find the bid tabulation that was done at the bid opening on February 6, 1989. You will notice that we had six responses to our request to vendors for bids. Of the six bids, one bid was immediately rejected because it was not sealed and was not accompanied by a bid bond. After the bid opening, the vendors were allowed to review the various bids so they could compare competitors responses. Our consultant then went through the responses very carefully to review each for compliance with our specifications. The consultant gave me information that indicated only two vendors had fully complied with the specifications. The two vendors were GTE at a price of $66,548 and TeleComm North at a price of $70,443. The specifications were written in a manner that would provide us with a telephone system with many necessary features that are needed to render successful service to the public. The specifications were not written around any one vendor system, they were generic, but specific regarding our needs. We attempted to be flexible with the vendors and issued an addendum to the specifications. This was an attempt to be more flexible and not eliminate any of the six vendors. The low bidder VICOM at a price of $58,075, had areas of noncompliance with our request for bid. I am recommending to the council not to award the bid to the low bidder. I am recommending the phone system be awarded to the next lowest conforming bid, GTE at a cost of $66,548. The budget for the purchase of the new telephone system was established in the Capital Improvement Program for 1989. A total budget of $85,000 was provided for both the new system and the new wiring that would be required. With the acceptance of the GTE bid and the required wiring, we will be under our budgeted amount by $4,000. Attachment COh1PANY �l.Ai �E AT&T V I C0:`iF1 BE! L SOUTN CO'�11UNiCATIONS �,.GTE TELECOMM NORTH NEC Bid Ooeners: Richard Pribyl Robert Nordahl Doug Ruth CITY OF FRiJLEY TELEPHO�JE SYSTE?1 �'ebruary 7, 193g A^10UNT $76,508.08 $58,075.00 $72,75i.00 $66,548:00' $70,250.00 �73,i81.33 22A BID BONJ No l;nited �ire/Casuality 50,000 CNA 5°' ,o Seaboard 50 t�lasa� Inc. Co. � °� � ,o Chubb �ro�p 5% EpIC II11 .1�IF�h I\IUN�I\Ilu\ �,Ki�l P January 24, 1989 Mr. Bill Burns City Manager City of Fridley 6431 University Avenue NE Fridley, MN 55432 Dear Bill: 22B Enclosed you will find one copy of the Executive Summary of the Telephone System Request for Bid (RFB). I will be happy to meet with you and/or the City Council at anytime. Please call me if you have any immediate questions. Sincerely, -- �.� �� Douglas W. Ruth Managing Partner DWR/bam Enclosure cc: Rick Pribyl Enclosure .`i �i ��.l��llil��u,n �«• � �uth �UI[l' 11) \�1IU1C.1� i�l�. �� iS � iS ;i �� `�1� �IIC (�� . `� ! f :ti -- z2c EXECUTIVE SUMMARY TELEPHONE SYSTEM REGIUEST FOR BID (RFB) The telephone system to be procured by the City of Fridley will be designed to provide many feature and functionality enhancements. The feature design is divided into two categories: 1. System Features 2. Telephone Features 1. SYSTEM FEATURES Direct Inward Dial (DID): All City employees will have their own telephone number so outside callers can call directly to individuals and/or departments. This will allow the PBX receptionist to reduce the present amount of incoming telephone calls. There will be a total of twelve(12) DID Trunks into the system so up to 12 people can call the City at any one time. In addition to the twelve DID trunks, we wilt have twelve (12) C.O. trunks which will allow 12 more incoming callers or 12 outgoing calls at one time. These new trunks in effect double the access capability into the City. Digital (Software Driven System): The telephone system wil{ be a fully digital system with software control so as to allow designated City personnel to make feature changes and telephone changes reducing the amount of vendor service calls required. �uantity of Phones: The system will provide service to 86 telephones, and has growth capabilities wetl beyond 250 telephones. This should more than cover the City's growth needs. Service To The Ofif Premise Locetions: The system will provide all new single line telephones to outside City locations with message waiting indicators. SMDR Station Message Detail Recording: This system feature will allow the City to receive real time reports for every telephone explaining the telephone number dialed, the length of the call, and from what extension the call was made. � Call Coverage (Hunting): This system feature will allow calls which encounter a busy telephone at the City to be automatically forward or routed to another telephone or telephones. The advantage to this feature is that all � extensions. may have their own calling pattem for routing calls. Music On Hoid: The system will have the capabifity, if the City desires, to provide music to callers that are waiting on hold. EPIC USA, Inc.; Suite 750; 7825 Washington Avenue South; Minneapolis, MN 55435 (612) 944-8777 Executive Summary, Telephone System Request for Bid (RFB), City of Fridley I1. TELEPHONE FEATURES January 24, 1989 Page 2 Messaging: Ail telephones wiil have message waiting indicators so when the PBX receptionist has a message for an employee� he/she has the ability to light the message waiting light on the respective telephone. Whert the employee retums to the desk and notices the message waiting light is lit, he/she touches the message button and is automatically connected with the PBX Receptionist. Display: The majority of all main location telephones will be equipped with a display. The Display will show the foflowing • Source of incoming call (DID, C.O., Internal) • The name of the caller (on intemal calls) • Time and date Flexible Feature Keys: The telephones will have at a minimum, 10 feature buttons to provide single button access to features instead of the present hook- flash (code dialing) which is required today. Speed Call: All telephones will have the capability for speed call and automatic dialing. Speed call will require a 2-3 digit code and Auto Dialing will only require a single button access. Transfer: A!I telephones will have the ability to easily transfer calls by one button access and witl be able to introduce the caller prior to completing the transfer. Call Forward: All employees will have the ability to call forward their calls to temporary locations if they require to be away from their desk for any length of time. In addition calts may be forward outside of the system to an employees home if desired. Speakerphone: All of the telephones with the display will also have full speaker phone capability which will allow hands-iree operation of the telephone for meetings or conference purposes. Conferencing: All of the telephones will have the ability to conference up to six (6) people at a time. This will allow up to four (4) internal as well as two (2) extemai parties. If you should have any questions regarding other functionality or other system capabilities please contact Douglas Ruth of EPIC USA, at 944-8777. All Bids from Vendors will be received on February 6, 1989. EPIC USA, Inc.; Suite 750; 7825 Washington Avenue South; Minneapolis, MN 55435 (612) 944-8777 22t� 23 / � CITY OF FRIDLEY �iecreation & Natural Resource Department � 6431 Universfty Avsnus NE, FHdl�y MN 55432 (612)571-3450 February 9, 1989 TO: William W. Burns City Manager FR: Jack Kirk Recreation & Natural Resource Director RE: RECREATION 3HOWMOBILE On Thursday, February 2, I989 bids were opened for a recreation showmobile/portable stage unit. Two nationally recognized showmobile manufacturers submitted bids, Century Industries of Sellersberg, Indiana and Wenger Corporation of Owatonna, Minnesota. The low bid on the showmobile specifications was submitted by Wenger Corporation at $54,279. Wenger Corporation has been manufacturing showmobiles for over 30 years and has a long line of satisfied customers. We are familiar with the Wenger product in that the showmobile unit borrowed from the City of Brooklyn Center last summer was made by Wenger Corporation. Based on our experience with this product, the Wenger showmobile should provide us with a top quality unit to service our recreation program needs. The funding for this showmobile would come from the 1989 Capital Improvement Budget - Departmental Projects Section. I recommend that the City Council award the bid on a recreation showmobile/portable stage unit to Wenger Corporation of Owatonna, Minnesota. JK:sj City of Fridley BID OPBNING One (1) Portable Stage Unit February 2, 1989 Bid Openers: Jon Thomnson Robert Nordahl Jack Kirk Wenger Corporation Federated - - - - - - - - - - - - - Mutusl 555 Park Drive Insurance P.O. Box 448 5$ Owatonna, MN 55060 Century Industries P.O. Box U Sellersberg, IN 47172 Fidelity 5$ $54,279.00 $55,829.00 30 days 60-90 days 23� Vir�l C. Herrick David P. Newman James D. Hoeft Gegg V. Herrick TO: FROM: DATE: RE: �-�� '�� P.��. ATTORNEYS AT LAW M E M O R A N D U M l�, William Burns, City Manager �1N David P. Newman, City Attorney February 8, 1989 Satellite Fire Station Section 6.05 of the City Charter indicates that the City Manager shall be the chief purchasing agent and that he should be able to have the authority to make all purchases with the approval of the City Council. Our research in the past has indicated that the purchase plan should be treated similarly to other purchases with the exception that due to the unique nature of land the competitive bidding requirements do not have to be met. Consequently, you will find enclosed a proposed resolution. Suite 205, fr�Ul University Avenue ti.E., Fridley, �linnesota 55432, 612-571-3850 24� � .� . r N RESOLUTION NO. - 1989 RESOLUTION TO ENTER INTO A CONTRACT FOR THE PURCHASE OF LAND FOR THE NORTA SATELLITE FIRE STATION WHEREAS, the City of Fridley upon consultation with the Fire Chief has determined that the following described property is the preferred site for a satellite fire station: Lot 2, Block 1, AOS Addition, Anoka County, Minnesota, located in the City of Fridley, County of Anoka, State of Minnesota, and WHEREAS, the City Council has previously authorized the City Attorney to commence condemnation proceedings for the purpose of acquirinq said parcel, and WHEREAS, the City of Fridley has previously obtained an appraisal for the subject property, and WHEREAS, the property owner has agreed to sell the subject property for the sum of $46,000.00, and WHEREAS, the City Council has concluded that after considering the cost for acquirinq the subject property through condemnation that the proposed purchase price of $46,000.00 is fair and reasonable. NOW, THEREFORE, BE IT RLSOLVED 1. That the City Manager and Mayor are hereby authorized to execute a Purchase Agreement for the acquisition of the following property to wit: Lot 2, Block 1, AUS Addition, Anoka County, Minnesota, located in the City of Fridley, County of Anoka, State of Minnesota, and for a purchase price of $46,000.00 in accordance with the terms of that proposed Purchase Aqreement between the City of Fridley as the buyer and J& S Enterprises as the Seller. 2. That this property will be used for the construction and location of a satellite fire station and therefore is beinq acquired for an appropriate public purpose. 24� 24B 3. That the Mayor, City Manager, and City Attorney are authorized to take any remaining steps necessary in order for the City to complete the acquisitioa of the subject property in accordance with the terms of the Purchaae Aqreement described in paraqraph 1 abone. PASSED AND ADOPTED by the City Council of the City of Fridlep this day of February, 1989. WILLIAM J. N$E, MAYOR ATTEST: Shirley A. Haapala, City Clerk ( 2f 08/89 RES1) 25 CITY OF FRIDLEY CHARTER COMMISSION MEETING, NOVEMBER 28, 1988 ----------------------------------------------------------------- CALL TO ORDER• Chairperson Hendley called the November 28, 1988, Charter Commission meeting to order at 7:38 p.m. ROLL CALL• Members Present: Margaret Hendley, Ed Hamernik, Bruce Nelson, Geraldine Schei, Bob Minton, Diane Savage, Walt Starwalt, Francis van Dan, Gregg Hebeisen Members Absent: Donald Bet2old, Ralph Stouffer, Orville Carlson, LeRoy Oquist, Donald Mittelstadt Others Present: Bill Hunt, Assistant to the City Manager APPROVAL OF OCTOBER 24, 1988. CHARTER COMMISSION MINUTES: MOTION by Mr. Minton, seconded by Mr. Starwalt, to approve the September 28, 1988, Charter Commission minutes with the following amendment: Page 4, item 2, second sentence, change "John Sillman" to "John Silliman" and "Fridley Volunteer Service" to "Fridley Volunteer Income Tax Service". UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HENDLEY DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA: MOTION BY Mr. Minton, seconded by Ms. Schei, to approve the agenda as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HENDLEY DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF TERMS OF OFFICE OF MAYOR AND COUNCILMEMBERS: Mr. Hunt stated he was approached at the last Chamber of Commerce meeting by a member of the Leaque of Women Voters who expressed concern that the League wanted to get a more indepth look at this issue and make some kind of formal recommendation to the Council. She said the League was still looking at the issue and hoped to get some recommendation to the Council. Mr. Hunt stated the draft letter the Commission members saw at the october m�eting was more a position paper outlining the League's process; but it did have overtones of being negative to the recommendation made by the Charter Commission. 25A CHARTER COMMISSION MEETIN(�, NOVEMHBR 28, 198a PA�38 2 Mr. Hunt stated that other than this incident, he had not heard anything or seen any formal correspondence from the League regarding this proposed Charter amendment. Mr. van Dan stated eventually he intended to make a motion for reconsideration of this issue of the terms of office of mayor and councilmembers. He stated the crux of the amendment as proposed by the Commission was to increase voter participation; however, nation-wide in the recent national election, the voter participation averaged around 57�. If national elections cannot bring out a better voter turnout, then he did not know what they would be accomplishing with this proposed amendment. Mr. Hunt stated Fridley averaged a 78$ voter tur�out. Coon Rapids averaged 83�. Minnesota, overall, was the highest in�the country with about 68�. Mr. van Dan stated the basic premise is that if people are interested in issues, which they should be, the electorate should be educated, not mechanically by amendments or legislation made to get them to go to the polls. Again, as he had stated before, they should change the Charter or constitutions as little as possible or only when necessary. Mr. Starwalt stated he had attended the League of Women Voters' meeting on Sept. 27 when this issue was discussed. He stated it was an interesting meeting. He was impressed with the depth of understanding the League seemed to have of the issue in some aspects, but there was also a lack of understanding in other aspects. He stated it was a very difficult issue to deal with. CONSIDERATION OF RECOMMENDATIONS FOR MEMBERSHZP IN THE CHARTER COMMISSION• Ms. Hendley stated that at the last meeting, she had recommended John Silliman as a candidate for membership in the Charter Commission. At that time she did not have a letter from Mr. Silliman. She stated she now had a letter from Mr. Silliman expressing his interest in becoming a member of the Commission. She stated she knows Mr. Silliman through the Volunteer Income Tax Service. She has found him to be a very dedicated and qualified individual who would make a very good member of the Charter Commission. MOTION by Ms. Schei, seconded by Mr. Minton, to recommend to the District Court Judge the appointment of John Silliman to the charter Commission. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HENDLEY DECLARED THE MOTION CARRIED UNANIMOUSLY. 25B CHARTER COMMISSION MEETING, NOVEMBBR 28, 1988 PAGB 3 Mr. Hunt stated that regarding the question about the length of terms and whether or not a person serving a portion of an unexpired term constitutes a full term, the Commission had asked him to get an opinion from the Attorney General. Mr. Hunt stated there seemed to be quite a bit of confusion as to the procedure for getting the Attorney General's opinion on an issue. After talking to someone at the Attorney General's office, it was recommended that Mr. Hunt or the Charter Commission's attorney write to the District Court Judge (who appoints Charter Commission members). Mr. Hunt stated he then talked to Mr. Terpstra, the Charter Commission Attorney, about this. It was decided that Mr. Hunt would make a formal written request to Mr. Terpstra, and in turn, Mr. Terpstra would write to the District Court Judge asking him this question. Mr. Hunt stated he hoped this issue could be resolved before April or May when Commission members' terms expire. Mr. Hunt stated he had also talked to Mr. Terpstza about the size of the Charter Commission (15 members), and Mr. Terpstra was not sure either how the number of Commission members could be reduced. This question might have to go to the District Court Judge also. (Mr. Nelson arrived at 7:54 p.m.) CONSZDERATION OF SECTION 4.06, NOMINATIONS BY PETITION: Mr. Hunt stated that by approving the October minutes, the Charter Commission has taken action on Section 4.06. Now the question was whether or not the Commission wished to send this on to the Council now or wait until they come to some conclusion and recommenation on Section 4.07, Nominating Petitions. MOTION by Mr. Hamernik, seconded by Mr. Starwalt, to hold Section 4.06 until the Charter Commission has finished discussion and made a recommendation to the Council on Section 4.07. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HENDLEY DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF SECTION 4.07, NOMINATING PETITIONS (FORMAT): Mr. Hunt stated this has not yet gone to the Charter Commission Attorney for an opinion. �� (Ms. Hendl�ey left the meeting at 8:00 p.m.) CONSIDERATION OF SECTION 7 03 (POWER OF TAXATION,, NO. 1 RELATIVE TO NEW PROPERTY TAX LAWS: 25C CHARTER COMMISSION ME$TINQ, NOVEMBBR 28� 1988 PAG$ 4 Mr. Hamernik stated that with the ambiguity of what is happening at the State Legislature and the fact that this is in a state of flux yet, this item should probably be tabled until things are a little more solidified. ' Ms. Savage stated she would agree with that. She found this issue very hard to understand at this time, and if the Charter Commission is going to grapple with it, they need to have someone come to a meeting and explain it to them. It did not make sense now to work on it when it was very likely there will be changes. MOTION by Mr. Minton, seconded by Mr. Starwalt, to table Section 7.02 (Power of Taxation) No. 1 Relative to New Property Tax Laws until the end of the 1989 Legislative session. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON HAMERNIK DECLARED THE MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF ITEMS FOR FURTHER DISCUSSION: There were no items at this time. CONSIDERATION OF MEETING DATES AND TIMES FOR 1989: The Charter Commission made the following recommendations for Charter Commission meetings. They stated they would finalize and approve these dates at the January meeting. January 30, 1989 February 27, 1989 March 20, 1989 April 17, 1989 OTHER BUSINESS: May 15, 1989 September 18, 1989 October 16, 1989 November 20, 1989 Mr. Hamernik stated Chairperson Hendley had appointed Bruce Nelson, Francis van Dan, and Gregg Hebeisen to study the Charter Commission Bylaws and make any recommendations for changes. Mr. Hebeisen stated he would not be able to participate in this study. Mr. Nelson asked Ms. Schei to be a member of the study committee, and Ms. Schei agreed to work with Mr. Nelson and Mr. van Dan. Mr. Hunt stated he would mail out a copy of the Charter Commisison Bylaws to all the Commission members for their review. ADJOURNMENT• CHARTER COMMISSION MEETINCi, NOVEMBER 28� 1988 PAGE 5 MOTION by Mr. Nelson, seconded by Ms..Savage, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Hamernik declared the November 28, 1988, Charter Commission meeting adjourned at 8:21 p.m. Respectfully submitted, Lynne Saba Recording Secretary 25D 26 CITY OF FRIDI.BY CATV ADVISORY COMl�I88ION MBBTIN�i, Jl�iNIIARY 19, 1989 ________________________•--------___-------------------•--------- CALL TO ORDER: Chairperson Stouffer called the January 19, 1989, CATV Advisory Commission meeting to order at 7:03 p.m. ROLL CALL• Members Present: Ralph Stouffer, Barbara Hughes, Robert Scott Members Absent: Burt Weaver, Duane Peterson Others Present: Clyde Moravetz, City of Fridley Mark Hammerstrom, General Manager - Nortel Cable Jean Anderson, Sales Manager - Nortel Cable APPROVAL OF NOVEMBER 17 1988 CATV ADVISORY COMMISSION MINUTES: MOTION by Mr. Scott, seconded by Ms. Hughes, to approve the Nov. 17, 1988, CATV Advisory Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AY$� CHAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA: MOTION by Ms. Hughes, seconded by Mr. Scott, to approve the agenda as written. UPON A VOICE VOTE� ALL VOTING AYB� CBAIRPERSON STOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. RECEIVE CORRESPONDENCE FROM JOHN GARGARO DATED DECEMBER 19, 1988, REGARDING WCCO II RE4UEST: MOTION by Ms. Hughes, seconded by Mr. Scott, to receive Mr. Gargaro's letter dated December 19, 1988, regarding WCCO II request. UPON A VOZCB VOTE� ALL VOTING AYE� CHAIRPERBON STOIIFFER DECLARBD THE MOTION CARRIED tJNANIMOIIBLY. -1- CATV ADVISORY COMMISSION MEETING, JANUARY 19. 1989 Mr. Stouffer stated upon receipt of this letter, he had conferred with Mr. Hammerstrom. He asked Mr. Hammerstrom to give any further information regarding this request. Mr. Hammerstrom stated he really did not have any updated information at this time. He had some basic information about the channel itself since then. There seems to be some confusion as to what WCCO II is, and he thought a lot of that gets mixed in with what Mr. Gargaro is requesting. He thought Mr. Gargaro's letter was particularly referencing the hockey that is carried on WCCO II now as part of their sports program. It was his understanding that WCCO II as a service will cease to exist sometime around March 1 and will become Midwest Sports Channel. At this time, Midwest Sports Channel has sports channel programming which is the NHL hockey games and about 20 Minnesota Twins games. In the process of changing to Midwest Sports Channel, their format is changing. It was his understanding they will go to an all-sports format eventually, but he did not understand if they had any team side at this point. He stated Nortel has not been offered any contracts, nor had any of the other Twin Cities cable operators. He stated Nortel has not reached an agreement with WCCO II, and he did not expect any agreement in the near future. Nortel's relationship with WCCO II has not been very good over the last year or two, and it continues to be so. Unfortunately, at this time, things were pretty much at a stalemate. Mr. Scott asked if Nortel would be interested in picking up a service that offered hockey for hockey fans if it were economically feasible. Mr. Hammerstrom stated, yes, they would; or if WCCO II was to offer Nortel the service as a stand-alone pay type service. But, again, he has not been offered any contracts. NORTEL CABLE REPORTS: A. Receive Fourth Quarter 1988 Franchise Fee Mr. Moravetz stated this was the same format used in the past. It seemed to be in order. Per Mr. Stouffer's request,�the basic payment for the fourth quarter 1988 as well as the fourth quarter 1987 was included for comparison purposes. Mr. Stouffer stated he would also appreciate it if Nortel would include any rate increases in the report. Some of the increased revenue between one year ago and now might be .due to rate increases, and it would be helpful for the Commission -2- 26A . : CATV ADVISORY COMMISSION MEETING JANUARY 19 1989 members to know that. Mr. Hammerstrom stated he would be happy to supply that information. MOTION by Mr. Scott, seconded by Ms. Hughes, to receive the fourth quarter 1988 franchise fee. UPON A VOICB VOTS� ALL VOTINQ AYE, CHAIRPERSON 3TOIIFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. B. Operations Update Mr. Hammerstrom stated as the Commission members noticed from the Franchise Check Summary, their subscribers and pay viewers have stayed pretty steady throughout the rate inc�ease. They have had roughly 120 units come on from Springbrook Nature Center as a bulk type unit. Mr. Hammerstrom stated currently their marketing campaign involves marketing HBO. The campaign started January 9 and will continue through February 24. Mr. Hammerstrom stated KXLI (Channel 41) ceased programming, leaving them with a surprise blank channel. He stated they are going to put on another channel about March 1 called E. P. G (Electronic Program Guide). It is a channel simiZar to what they see, for example, on the access channels that shows program listings, times, dates, but is more sophisticated. It will list most, if not all, the basic channels with the channel number designation, the hourly listing, and highlights pay versus basic on the bottom half of the screen. It will be a rolling log type format. At the top of the screen, it will show previews of the evening's programming. One of the surprise comments they received on surveys is that people are interested in some form of a guide. He stated he would be interested in comments from the Commission when they see it. C. Re-Build Update Mr. Hammerstrom stated the physical walk-out (the measuring of distances, inc.) is now complete. The first 30 miles of the actual design of the cable system is done. They are looking at starting the first part of the aerial construction the first part of February. It will go slow at first but will build quickly. A lot of it depends upon the weather. They will beginning at the head-end on 63rd Avenue and working out, -3- CATV ADVISORY COMMISSION MEETING. JANUARY 19. 1989 � replacing the strand where necessary. Mr. Hammerstrom stated the first part of the electronics order will be placed within the next couple of weeks and should be in by early sprinq, so they are pretty much on schedule. Mr. Hammerstrom stated that at the November meeting, the Commission asked about addressability. That is a�strong issue to both customer and Coannission alike, and he thought he would discuss it at this time. He stated Nortel is trying to find a way they can avoid the mistake made in Bloomington which is people with cable-ready TV's having to use a converter to get pay service. Some of the other cable operators around town have left pay channels unscrambled, and the traps they now have in the pole provide customers with at least an option of subscribing to those services, scrambling new ones to save costs on having to put filters throughout the whole system, and then using that also for pay=per-view, so the system would end up being not 100� addressable but enough so the pay-per- view and premium services could be provided for. Mr. Hammerstrom stated he would give the Commission more information as they go along. Mr. Moravetz stated the franchise ordinance does call for monthly construction schedules from Nortel. If those schedules could be provided to him, that information would be helpful when answering questions from people who call. Discussion Regarding Annual Survey Mandated by Cable Ordinance Mr. Moravetz stated the Commission members had received sample surveys from St. Louis Park and Bloomington. Both surveys were essentially asking the same questions. He did not have any problem with the types of questions being asked as a matter of definition. Mr. Moravetz stated his concern was that in Section 405.09.8 of the Cable Ordinance, Annual Subscriber Survey, the survey is to be submitted no earlier than 90 days and no later than 30 days prior to submitting the annual report. The annual report is due April 1, 1989. So, the survey cannot be submitted prior to January 1 and no later than March 1. The section mentions the different categories and the types of questions that should be asked. Five areas of concern spelled out in the ordinance are: (1) signal quality; (2) respo.nse to subscriber complaints; (3j billing practices; (4) -4- 26C 26D CATV ADVISORY COMMISSION MEETING. JANUARY 19, 1989 programming services; and (5) availability of incoming telephone lines and telephone answering practices of grantee. Mr. Moravetz stated he thought some of these areas were at least indirectly touched by the suz'veys used in St. Louis Park and Bloomington. He would like to see questions that relate directly to these five areas, especially the problems they have been having with the telephone lines, etc. Mr. Hammerstrom stated the two sample surveys were sent to the Commission members to give them an idea of what has been done in the other two systems. He stated he had taken the liberty to draft up some sample questions for the Commission members to review and comment on. Mr. Moravetz stated the ordinance does provide that a telephone survey would be acceptable if it was conducted by an independent person in the business of regularly conducting telephone surveys. Mr. Hammerstrom stated it is more cost-effective for them to do a written survey than to hire a telephone research company. Mr. Hammerstrom stated there are two ways to do a written survey. The first way is simply by mailing the surveys to a random sample of customers selected by the computer, postage paid to and from the customer back to their ad agency that compiles the results and produces a book of the results. The other way is to include the survey in with random billings. With both systems, they achieved very credible results in the City of Bloomington and City of St. Louis Park. Mr. Hammerstrom stated the questions in the sample questions he had put together were directed toward the five points raised in the franchise ordinance. After he has received the Commission's input, he will put together a sample format for staff's review. Mr. Stouffer suggested that a question specifically address the concern people have about the audio quality in addition to the question about the picture quality. Mr. Moravetz suggested that after each question, there should be more space for comments. Mr. Stouffer stated it might be important to also have a place at the end of the survey for overall comments. Q•� 26E CATV ADVISORY COMMISSION MEETING. JANUARY 19. 1989 Mr. Stouffer stated he would like at least four choices of answers for the first question on programminq (Bloomington survey), and he would like a better definition of each of the choices. Ms. Hughes stated the survey should be as simple as possible and should not confuse people with too many choices. Mr. Stouffer stated that in summary, he would suggest the following changes for the questions: Add questions #1, #2, #3,and #4 drafted by Mr. Hammerstrom with a section for comments. Under programming (Bloomington survey) question #1, a definition of what the viewing is should be added, and question #2 should be updated. Sections for comments should be included after these questions. Mr. Stouffer stated he would like to review the final survey before it is mailed out to customers. ANOKA COUNTY COMMUNICATIONS WORKSHOP: A. Receive Board Minutes MOTION by Ms. Hughes, seconded by Mr. Scott, to receive the Anoka County Communications Workshop Board of Directors' minutes for September 29, October 12, and November 9, 1988. UPON A VOICE VOTE� ALL VOTIN(i AY$� CHAIRPERSON STOUFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. B. Receive November/December/January Director's Report MOTION by Mr. Scott, seconded by Ms. Hughes, to receive the November/December/January Director's Report. UPON A VOICE VOT$, ALL VOTINQr AYB, CBAIRPERSON STOUFFER DECLARED THE MOTION CARRIED IINANIMOIISLY. C. Statistics and Year-to-End Statistics MOTION by Ms. Hughes, seconded by Mr. Scott, to receive the Statistics and Year-to-End Statistics. UPON A oOICE VOTB, ALL POTINf3 AYS, CHA2RPERSON STOUFFER DECLARED THS MOTION CARRIBD IIN?INIMOIIBLY. �- � CATV ADVISORY COMMISSION MEETING, JANUARY 19. 1989 D. Receive Fourth Quarter Report to City MOTION by Mr. Scott, seconded by Ms. Hughes, to receive the Fourth Quarter Report to the City. UPON A VOICB VOT$, ALL VOTING AYE� CBAIRPERSON STOIIFF$R DECLARED T$B MOTION CARRIED IINANIMOIISLY. E. 1989 Telethon, March 29 through April 1 Mr. Moravetz stated this was for the Commission's information only. FRIDLEY CABLE CONSORTIUM: A. Receive Minutes of December 21, 1988 MOTION by Mr. Scott, seconded by Ms. Hughes, to receive the FCC December 21, 1988, minutes. UPON A VOIC$ VOTE, ALL VOTINQ AYB, CHAIRPERSON STOUFFER DECLARED THE MOTION CARRIED IJNANIMOIISLY. ADJOURNMENT• MoTION by Ms. Hughes, seconded by Mr. Scott, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Stouffer declared the January 19, 1989, CATV Advisory Commission adjourned at 8:05 p.m. Respectfully submitted, Lynne Saba Recording Secretary -7- 26F 28 2� FOR CONCURRENCE BY THE CITY COUNCZL FEBRUARY 13, 1989 GAS SERVICES BSM Heatinq & Air Cond. 5521 St. Michael Street Moundsview, 1�1 55112 By: John Andreasen GENERAL CONTRACTOR Langer Construction Company 54 East Moreland Ave . West St. Paul, MN 55118 By: Robert Tul Shingobee Builders, Inc. P.O. Box 6 Loretto, I�i 55357 Socon Construction Inc. 9901 Xylite Street N.E. Blaine, MN 55434 HEATING BSM Heating & Air Cond. 5521 St. Michael Street Moundsview, MN 55112 Englund Heating Inc. Route #3, Box 301 Isanti, MN 55040 By: Gae Veit By: Greg Boelter By: John Andreasen By: Richard Englund TEK Mechanical Service Co. Inc. Highway 15 North Hutchinson, MN 55350 By: Timothy Krasen Total Refrigeration Systems, Inc. 1100 North Concord Street South St. Paul, MN 55075 By: Rick Madsen GENERAL CONTRACTOR Skyway Quality Homes Inc. 7458 Hayes Street Fridley, I�A1 55432 By: Robert Shimanski zsa Licsxsss WILLIAM SANDIN Plbq-Htq. Insp.• DARREL CLARK Chief Bldq. Ofcl. Same Same WILLIAM SANDIN Plbg-Htg. Insp. Same Same Same DARREL CLARK Chief Bldg. Ofcl. 29B 30 FOR CONCURRENCE BY THE CITY COUNCIL $STIMAT$8 Herrick & Newman, P.A. 6401 University Ave. N.E. Fridley, MN 55432 For Services Rendered as City Attorney For the Month of January, 1989 . . . . . . . . . $ 5,430.50 Smith, Juster, Feikema, Malmon & Haskvitz 6401 University Ave. N.E. Fridley, MN 55432 For Services Rendered as City Prosecutor For the Month of November, 1988. . . . . . . . . $ 8,640.00 C.S. McCrossan, Inc. P.O. Box 1240 Maple Grove, MN 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 9 . . . . . . . . . . . . . . . . . $10, 192 . 36 Layne Minnesota 3147 California St. N.E. Minneapolis, MN 55418 Repair and Maintenance of Wells No. 6, 8, 11 Project No. 186 Estimate No. 1 (Well #6) • • • • • • • • • • • • $ 1,000.00