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07/14/2003 - 4620� OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING JIJLY 14, 2003 . ,, « � +_ . � � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 7:30 p.m. - City Council Chambers Attendacnce Sheet ALFAS'F AR/NT NAMF, AaflRFSS ANa /i'FM NUMB�'R YllU ARF /NTFRFSTFD /N. .; �� ' � i � � ��- �� DIz�S� .�- ( �� - Si2�th3�R �2tS►1jc�'" $��.5 ,Mj 5SjS5i�� i�lt�a% %�r� i�.� _i�5 i'"I.^' rzciv� �?.,Q Sr��r 5�a5 !`'�iSSi$5S �i V31�� Cc�o�, �a�i��' Y�~~ 1�° � � � � � � � � , __ � L ''-� ��--' .� ��-� '' � !(ll� ��-c �1 � �� "'-� -� ,�EF�N�� CN}-1�� .ql 'I�.1C� Ci�E�K T�iZ FR-ipi.�y��'Y1�� S"�'2L�J ��C�'J�. �,��1 __ P � e � r � �i ( 5 2 � � 1 � �c � �� f � �e � ' � /l . �° � l �q. / �.� � V y �� i �/� ' 2-- /'-.✓�Z � � � �� ,�, Y'0 � � Yl � � tiD .3 l ��-�-� ��' � �� L � z�.�>.ez� �� f,� � �� a � ��.-�� - � �� - �- �.�..� �n o l t� 1�'dl bno ' r�ar n�� vl,c 3 •_ �s : �' t v� � �� a.��K S�;r7zl�� /3�8� /�'/�L��E� i l��-, .� i�� /— r �°� s 7c� ._ � e � - � �.�1.r1�n�t �( ; �.�-�'� % 3.�; i J��e�J�i>��.� =, � � •- f v ° v �" iC1 , S� �/ � 7�' 1.�/i) oV Z� 13 E� p �%( �t. wt l�'� �T�� L� , fi �vf /'� ,��r�. �.%" Y' ��.% `-�? ✓�.r-t-� � � c r a(' !/ � ,.�- J�;�7 tl v- 1✓l�i.� G � � I �-�-(r �..1 1 P J�f''f ,� s ,•�- _ � j� r' 1� ''�Qi ��L(-�e QS -7�S(�% � L2. ,.�..�v � y i -- � f �� ✓ t . , . , �/1��%��l.J G � � � ,/ � - µ� ,� --_ ,� i' � % _. . . � �� ,� , • �� ,�> .- /'!1,f1'tL : � ir l: , � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 ?:30 p.m. - City Council Chambers Attendance Sheet ALFAS'F AR/NT NAMF, A�DRFSS AND /i'FM NUMBFit YaU ARF /NfFRFSTFD /N. r a CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 7:30 p.m. - City Council Chambers Attendacnce Sheet ALFASF AR/NT NAMF, A�flRFSS ANfl /TFM NUMSFR YOU ARF /NTFRFST�D /N. r � CITY COUNCIL MEETING OF JULY 14, 2003 GTY OF FRIDLEY / The City of Fridley will not discriminate against or harass anyone in the admission or access to, 'or treatment, or employment in its services, programs, or activities because of race, color, creed, religic;n, � national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilifies to , participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION ON SAFETY CAMP. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 23, 2003 NEW BUSINESS: Y 1. Receive the Minutes from the Planning Commission Meeting of June 18, 2003 .............................................................. 1- 6 � 2. Special Use Permit Request, SP #03-10 by Tom Grote for Mercy and Unity Hospitals, to Allow an Expansion to Unity Hospital, Generally Located at 550 Osborne Road N.E. (Ward 1) - .................................................... 7 . � � FRIDLEY CITY COUNCIL MEETING OF JULY 14. 2003 APPROVAL OF PROPOSED CONSENT AGENDA: PAGE 2 NEW BUSINESS (CONTINUED): 3. Approve Cornprehensive Sign Plan Amendment for Sam's Auto World, ,� Generally Located at 7570 Highway 65 (Ward 2) ......................................................................................................... 13 t 'r 4. Resolution Authorizing Participation in the Safe and Sober Communities Grant Program ..................................................... 14 - 15 5. Resolution to Participate in Hazard Mitigation Planning Process ............................................................................... 16 - 24 6. Appointment to the Housing and Redevelopment Authority....................................................................................................... 25 7. Claims ....................................................................................................... 26 8. Licenses ....................................................................................................... 27 - 32 FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 APPROVAL OF PROPOSED CONSENT AGENDA: PAGE 3 NEW BUSINESS (CONTINUED): 9. Estimates ....................................................................................................... 33 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: , � i 10. Review Special Use Permit, SP #73-07, for Central Auto Parts, Generally Located at 1201 — 73'h Avenue N.E. (Ward 2) ................................................................... 34 - 40 11. Alley Paving Project No. ST. 2003 — 3 (Continued June 23, 2003) ................................................................................. 41 OLD BUSINESS: 12. Resolution Ordering Final Plans and Specifications and Estimates of Costs The�eof: Alley Paving Project No. ST. 2003 — 3(Tabled June 23, 2003) ................................................................. 42 - 43 ,� , 13. Resolution Receiving Final Plans and Specifications and Obtaining Quotes: Alley Paving Project No. ST. 2003 — 3 (Tabled June 23, 2003) ........................................................................................ 44 - 46 FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2003 NEW BUSINESS: PAGE 4 14. Approve Change Order No. 1 to Hickory Watermain Project Adding Alley Paving ProjectNo. ST. 2003 — 3 .................................................................................... 47 � � 15. Approve Professional Services Agreement Between the City of Fridley and WSB & � Associates, Inc., for Engineering Services Related to the Springbrook Watershed Phase II Implementation Project ........................................................................ 48 - 55 16. Informal Status Reports ..................................................................................... 56 ADJOURN. � . �� t� w 07/14 i2UO3 12: 52 FA% 7635715600 ST WILLIAMS '` �` ,�i�j 02 THE C RCH OF SAINT WILLIAM L�1 � � Mayor and City Counc� � Frid�ey 1 University Avenue N.E. l) , MN 55432 Re: Rezoning and Plat Matter Land of the Church of Saint William Mayor and Members of the Council: July 14, 2003 DV ve been told that at your regular meeting on 3u1y 14th you will be considering and acting up a proposed Agxeemex�t betuveen the Giry and Brandes Place L'united Partnership. We hsve aI told that th,e proposed A,g,reeane�t provides, among other things, that the City vv��lt grant a ri r application by Brandes Place to rezone the propetty owned by the Parish, acid to plat that nr into tw►o lots. know, Parish o�icials were not partiGipants at the la.wsuit mediation session at w}�ich the ed Agreement was fashioned, and we have not been psovided with the deta�s of the neat reporteclly rea.�hed be�veen those who were ther�e. For this reason the Parish is to comment on the terms of the AgreEment, or to endorse it. that this letter become a part of the G�ty file relating to the proposed Agre�me�nt. Respecrfully yours, R er d Jo h Whalen Pastor, Church of Sairn V�illiam G120 FI�T}i STR.CET NORTtiE�ST, ERiDLEY. MINNESOTA 55432-SO%�l •(7G3) 571•5600 • WWW,Siwllt.lAMS.COM r� ��✓ �,��.003 12: 52 �'A� 76357156�0 ST WILLIAMS COVER LETTER BY FAGSIMILE Confi.dential mate�ial attached : Mayor Scott Lund and members of City Council : Rev. Jose�ph Whalen, Pastor, Church of St. iam of pages including cover: 2 0 r.� ,; , t .�, � �.,, e o � � t' (rL v� � a. %nl; Ga .-�-1vrr�.c.c.l ;T 1� , P � � -- . , Y COUNCIL MEETING OF JULY 14, 2003 � FRIDLEY ClT �S�Y�, �f � � "-�'� � (� ar,r oF The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatrrf��E'�or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) , 3 `�' prv. PLEDGE OF ALLEGIANCE. � t APPROVAL OF PROPOSED CONSENT AGENDA: � PRESENTATION ON SAFETY CAMP. � �� 5� APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: P 6~�� Z- �-� � 15� City Council Meeting of June 23, 2003 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of June 18, 2003 .................................. 1 - 6 i5�'' � Special Use Permit Request, SP #03-10 by Tom Grote for Mercy and Unity Hospitals, to Allow an Expansion to Unity Hospital, Generally Located at 550 Osborne Road N.E. (Ward 1) ................................... 7 - 12 3. Approve Comprehensive Sign Plan Amendment for Sam's Auto World, Generally Located at 7570 Highway 65 (Ward 2) .................................. 13 NEW BUSINESS (CONTINUED): �� 4. Resolution Authorizing Participation in the Safe and Sober Communities Grant Program................................... 14 -15 5. Resolution to Participate in Hazard Mitigation Planning Process ........ c� � , � � 16-24 6. Appointment to the Housing and Redevelopment Authority ................................... 25 7. Claims ................................... 26 8. Licenses 9. Estimates ADOPTION OF AGENDA ... 27 - 32 ... 33 S' ��A g�� (�- �'�- �� • � �" "`,1 � (�""'�- 4. " � � L' (' �G.�.c.. r a.v�—+Q-�y� OPEN FORUM, VISITOR� Consideration of ifi�ms not o: Agenda - 15 minutes. e�_ e, -- - �r��, 4-. �. � ' ' FRIDLEY CITY C PUBLIC HEARING UIVCIL MEETING OF JULY 1 �1 ' SS ; 3 2 =',� /�,g : � k.� �!-u &z ( � t � 0 3 ' �8%S B/ 10. Review Special Use Permit, SP #73-07, for � Central Auto Parts, Generally Located at 1201 — 73 '/ Avenue N.E. (Ward 2) ... 34 - 40 5�� (��A � � 2�� s� -��.e`� �_�'�-�. ��se p k�. Se �f �� S K � 2003 �EW BUSINESS (CONTI ,r",0 � ` ` PAGE 2 6. Informal Status Reports ..................... 56 -Z,-G o 3 FP Glue� e w�e-� (�-c,�-� li-c�_ � ,n.� L rc L ADJOURN. � � � � � � � � � l / . y--��-'f . Alley Paving Project No. ST. 2003 — 3 ��i S� /4S1k � 2e- � _J-une-2.3-,.2D.Q. ....... 41 i<�2t.e�,U-� , ,rv r'1 y .`....... - v r� Lf9 z.^ �.F � z./Z t,�.� b o�.Lv,. �. 5�- 3 n�/ 2�� ra �-� ,� Fz-Q-�-� �-� �) .�;�a t.� _ _ ___---= � , �-�,r � � ,1„�.�,,,.� b,-v,� ��f ��,��A�� 15A � �/�� '_ �n 6� �3%c} sA- �.�.. �.. �.� � t� � ',' �Rt� � a3 c.. L-z�� l � � � OLD BUSiNESS: �� 12. Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: Alley Paving Project No. ST. 2003 — 3(Tabied June 23, 2003) . 42 - 43 �'��1.�. �cs. p, �[ 3 �-.�--- � 5 � � ,2y� �/� �-� 13. Resolution Receiving Final Plans and Specifications and Obtaining Quotes: Alley Paving Project No. ST. 2003 — 3 (Tabled June 23, 200�) ........................ 44 - 46 �� s. yr � cd'��,,,�. P �^e.�, � �.s� �,`v�r r2.t_. � �� s � �,� � /�s �- NF1N BUSINESS: 14. Approve Change Order No. 1 to Hickory Watermain Project Adding Alley Paving Project No. ST. 2003 — 3 .................... 47 -r a�t� n �/��r�� -�'•_ 15. Approve Professional Services Agreement Between the City of Fridley and WSB & Associates, Inc., for Engineering Services Related to the Springbrook Watershed Phase II Implementation Project ........ 48 - 55 � �� 2 � �� , A�w�4- z � P�, � � w-�-1z o r� Z� �x e c� �4-t o.-� �,� 5�-E-�- l.� vv�-c ,n,F A c� r-u vvt e v1-'�- W��-G.. c3 ra v� ��P !�- c� L i wu'-1-�e-� (�a r rr s�� P• � s g. C�:� �) i,�-� -�-,� � u p- �� o v�-r.�- Y-� C� J s B�f► s�' wl��,� �g�� g� � S � Vwv.h t� v�. ��u e cc�— �oc. C�/�) r�3 t_r��I�-s� 1-t-x._ 1z—c� • �J h.a-1.�� u� v 3 C✓t�o t v rK.v„�c-,�-�i. ,e�dZ� ) I_ � � MII�TUTES � '(J.NCIL . FgIDLEY CI1"Y C� 23� 2003 MEE'I'T.NG �F J�E � -«, �: t 'k � . � � ;-�: ; MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 23, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGI ANCE: Mavor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: NIEMBERS PRESENT: MEMBERS ABSENT: Mayor Lund, Councilmember Barnette, Councilmember Wolfe, and Councilmember Bolkcom. Councilmember Billings OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Frederic W. Knaak, City Attorney Jon Haukaas, Public Works Director Richazd Pribyl, Finance Director Barbara Warren, Values First PRESENTATION OF VALUES FIRST 2003 COMMUNITY RECOGNITION AWARDS: Individual: Cathy Smith Community Organization: Campaign of Cheer Business: Sign Language & Golden Awards APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: City Council Meeting of May 19, 2003 City Council Meeting of June 9, 2003 APPROVED. FRIDLEY CITY COUNCIL MEETING OF NNE 23, 2003 PAGE 2 OLD BUSINESS: 1. ORDINANCE NO. 1177 REPEALING CHAPTER 504, TAXICABS AND AMENDING CHAPTER 11, GENERAL PROVISION AND FEES, OF THE FRIDLEY CITY CODE. Dr. Burns, City Manager, stated staff recommended that Fridley cease issuing taxicab licenses. The recommendation was based on knowledge that until 2003 Fridley had only issued three to four cab licenses a year. In 2003, the City became a licensing authority with the lowest rates. At $50 for the first cab and $5 for each additional cab, the City was attracting many cab companies who came here to meet the licensing requirements of the Metropolitan Airport Commission. The City could raise the fees, but it would only drive the cab companies elsewhere. Staff thought the better solution was to give up licensing given the small amount of revenue the City gets from it. `VAIVED THE READING AND ADOPTED ORDINANCE NO. 1177 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 4, 2003. RECEIVED. 3. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MICHAEL JUAIRE FOR THE PLAT OF LAND GENERALLY LOCATED AT 1275 NORTON AVENUE N.E. (WARD 2). APPROVED. 4. APPROVAL OF FINAL PLAT REQUEST, PS #03-03, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR THE CONSTRUCTION OF NEW TOWNHOMES, GENERALLY LOCATED AT 1275 NORTON AVENUE N.E. (WARD 2). APPROVED. MOTION by Councilmember Wolfe to receive and approve Resolution No. 29-2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COITivCIL MEETING OF JUNE 23, 2003 PAGE 3 5. RESOLUTION NO. 27-2003 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2003 BUDGET FOR JANtiARY THROUGH JUNE 2003. Dr. Burns, City Manager, stated the changes were the result of unbudgeted revenues and unfareseen expenditures. They included $37,718 in general fund adjustments and $431,800 in general fund capital improvement fund adjustments. All the adjustments were covered by unbudgeted donations, particularly in the case of the general fund adjustments and budget transfers. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 27-2003. 6. RECEIVE BIDS AND AWARD CONTGRACT FOR THE HICKORY DRIVE WATERIVIAIN PROJECT NO. 350. Dr. Burns, City Manager, stated bids from five vendors were opened on June 18. The low bid was provided by Midwest Asphalt Corporation of Minnetonka, Minnesota, in the amount of $157,380.70. While only $100,000 was budgeted for this project, another $100,000 was available from water utility funds that were budgeted for the 2003 street reconstruction project, but not needed. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. CLAIMS. AUTHORIZED PAYMENT OF CLAINI NOS. 111911 THROUGH 112114. 8. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Item No. 6. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 6. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 4 OPEN FORUiVI, VISITORS: Mr. Doyle Mullin, 6801 Hickory Street N.E., stated he had been on the Springbrook Nature Center Foundation Board of Directors for 30 years. He was presently the vice-chairman. They were at the meeting to show support for continuing the Springbrook Nature Center. They would very much like to meet with Council and try to eYplore some ways in which they could work together to continue the operation of the Springbrook Nature Center in its current configuration. Mr. Lenny Brandt, 190 Craigbrook Way, thanked Dr. Burns and stated it was a gutsy move to propose the 2004 budget cut for Springbrook Nature Center. He stated hopefully the Council would approve the budget proposal. He said years back when Springbrook Nature Center became a reality, Fridley citizens were told there would be no Fridley city funds used. Dr. Burns stated the park would remain open with roads and trails. Mayor Lund stated he believed there would be an opportunity for all parties to discuss the budget and the Springbrook Nature Center. Mr. Mullin stated the charge that the Springbrook Nature Center would be done at no cost to the City was frequently quoted by people who oppose the Nature Center. He said he went through a scrapbook that contained advertising and articles written by the newspaper that said the City had a program which employed a naturalist who was operating a nature center program outside of Springbrook Nature Center. He was headquartered at the North Innsbruck Nature Center. In 1974, the Springbrook Nature Center Foundation made a contract with the City in which they leased the Springbrook Nature Center for five years for $1. There was a documented proposal written that said the Foundation would develop a nature center at no cost. They would put a fence around it. They would build boardwalks, a building, and trails, and it would be a complete nature center ready to operate when they were done. At the end of five years they had done exactly that, at no cost to the City. It was all done through private and personal contributions, grants, corporate donations, and so on and it was all on the record. At the end of five years, when their lease expired, they handed it back to the City and said, here is your nature center as promised, and they said "thank you." At that point, they moved their naturalist program from North Innsbruck to Springbrook. There were no lies and no deception. A commitment was made and a commitment was kept. The City Council decided they would select a date for a meeting and would contact Mr. Mullin. Mr. R.ichard Harris, 6200 Riverview Tenace, stated he was there at the request of his neighbors regarding the driveway. They wanted him to ask Council to reconsider the vote taken last December as to the maintenance and proposals for the "driveway." He said Mrs. Gibson would like to sell her home. Appazently, the real estate people told her that the pending action may cause problems with the sale of her property. Mayor Lund replied that he believed they have already been served with a lawsuit. Mr. Knaak, City Attorney, said that the matter was the subject of litigation between individuals who own property at this location and the City. C FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 5 Mayor Lund asked the City Attorney if he thought it be appropriate for them to reaffirm their previous action. NIr. Knaak replied that the open forum was not a time when action items were to be considered by the City Council. As an agenda item, he did not know if it w-ould be appropriate or not. Certainly, Ms. Gibson could approach the city attorneys and seek some kind of independent settlement. That was always an option in litigation. Right now, it was his recommendation that there not be any discussion regarding this matter at this meeting. Mr. Brandt asked if the opposition would be invited to the meeting they would be scheduling on the Springbrook Nature Center. Mayor Lund replied it was a public meeting. Councilmember Barnette replied he would notify him. Ms. Nancy Jorgensen, 5730 Polk Street, asked how many lawsuits the City was involved in that they could not comment on. Mayor Lund replied, two. N1r. Potasek, 310 — 62"d Way N.E., and stated that Mrs. Gibson's attorney had requested the City Attorney respond to his proposals and it had not occurred. Mr. Knaak said he would convey anything that happened at the meeting to counsel. PUBLIC HEARING: 9. CONSIDERATION OF ALLEY PAVING PROJECT NO. ST. 2003-3. MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPEN AT 8:10 P.M. _ Mr. Haukaas, Public Works Director, stated this was a project to pave the last three gravel through alleys in the City. City policy in the past was to assess 100 percent to the adjoining properties. They have estimated the cost at approximately $15 per foot for those properties ' involved. All the proposed fronting on the alleys would be assessed whether they had a driveway or not. The reasoning was that anyone at any time could put in a driveway and use the alley. Mr. Haukaas stated the first alley was between Anoka and Arthur Streets, running from Mississippi Street to 66`h Avenue. The other two alleys were between 62"d Way and 62 '/2 Way, and between 62 '/2 Way and 63`d Way running from East River Road to Ashton Avenue. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 6 Councilmember Bolkcom asked Mr. Haukaas how they normally notified people about public hearings other than in the paper or by passinQ a resolution. �tr. Haukaas replied letters were sent to each individual property notifying them of the public hearing at least 10 days in advance. He said a letter setting the public hearing �vent out after the last Council meeting. Councilmember Bolkcom asked him to explain why they were doing this. The alleys had been unpaved for many years. Mr. Haukaas replied this project came up as a result of discussions regarding the ordinance to pave driveways. In 1997 the ordinance to pave driveways went into effect. It gave a five-year window to get the driveways in. The five years was now up and they were finishing up the project. Councilmember Bolkcom said that by having them ashpalted, they were easier to maintain and there was less erosion. Mr. Haukaas said because they were through alleys, per policy, the City would take over their maintenance. Ms. Bolkcom asked him to outline the assessment process. Mr. Haukaas replied that after the public hearing, if Council chose to go forward with the project, they would then prepare a resolution ordering final plans and then a second resolution receiving those final plans and ordering them to obtain costs for the project. Because this was a smaller project, once they had their preliminary plans completed, they were essentially the final plans. After the project was awarded, they would complete the project and then hold another public hearing on the final assessments based on actual costs. At that point, all residents involved would get a letter stating what the costs would be. Councilmember Bolkcom said they could either pay the costs or have them assessed. Mr. Haukaas replied that he believed there was a 30-day window to pay them in full. After that, they would be certified to Anoka County for the t� rolls. Councilmember Barnette said they had ten years to pay the assessment and that there was also an administrative charge. Councilmember Bolkcom said there would also be interest added on beside the administrative fee. Mr. Haukaas replied the interest would be added at whatever the current rate was at the time of certifying the assessments. Councilmember Bolkcom asked what the estimate was based on. FRIDLEY CITY COUNCIL MEETING OF JUNE 23. 2003 PAGE 7 Mr. Haukaas replied it was based on the amount of property that fronted the alley. Councilmember Bolkcom asked if anyone could call him and ask what the approYimate cost would be. vlr. Haukaas said they could. Councilmember Wolfe said that $15 was the worst case scenario. Mr. Haukaas said they had not done a lot of these projects. That was a number they were comfortable with. They received one estimate that was significantly higher and one that came in lower. Councilmember Bolkcom asked Mr. Haukaas if he had received any telephone calls from anyone regarding the project. Mr. Haukaas replied they had received a couple of telephone calls, for and against. Some residents believed it would be an amenity to the neighborhood, it would make everything look much neater, and they were happy not to have to plow the alley any longer. Others were very concerned. They felt they would not ever have access to the alley and did not see a reason why they should be involved in it. Again it was not necessarily just the current residents, but any future owners could change their access. Councilmember Wolfe said it would be a nice option for rescue vehicles. Councilmember Bolkcom asked if this was the beginning of several projects that were being proposed. Mr. Haukaas replied that it was the first step. He said there were a lot of alleys in the City of Fridley. These were the only three alleys that go all the way through that had a gravel surface. The other alleys they needed to look at only went partially through, alleys that had never been built or could be built. Ms. Jacobus, 6562 Anoka Street, stated she was against paying for the alley. There were reasons why she did not think the alley should be there. She did not use it and her garage did not face it. Her house, as well as all of her neighbors' houses, have been there since the 1950's and none of them have yet to switch their garages and use the alley. On Anoka Street, they all had double lots and none of their garages faced the back. They would all then pay a much greater fee if it was done by the actual footage. She did not believe they would come in at $15 a foot for the cost. She said she would have to move her fence. She said the City was not maintaining the alley right now, so it was not having a problem maintaining it. She stated it was her understanding that they were not planning on putting in an 11-foot alley. They were keeping it at 8 feet. She just did not seen any other benefit other than the plowing benefit. To pay around $2,000 so that somebody did not have to shovel or plow a few feet of the alley just did not make economic sense. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 8 Councilmember Barnette said if people currently had driveways and the City put in an alley, it would be the City's responsibility to match up the driveways to the alley. NIr. Haukaas agreed. He said the proposal would not require any fences to be removed. There was a 12-foot platted alley. They would propose to put in a 10-foot wide paved alley in the e:cistina platted area. They would make connections to driveways. With respect to drainage, it did not look like it, but it did slope from 66`" to Mississippi Street. They were going to have to lower the sidewalk at Nlississippi Street about 4 to 6 inches, and it would be able to drain the entire length out to Mississippi Street. As far as the assessment, the property width was a method they had been using for a long time for street assessments and they carried it over to the alley assessments. Ms. Jacobus asked why they were given a choice last year but not this year. Mr. Haukaas said it was initiated by residents who lived on the block. He said there were a greater number of property owners who said yes, but the tc�tal footage said no. Since that time, Council reviewed the matter and chose to move forward with an alley-paving project. Councilmember Bolkcom asked about the equipment to plow the alley. Mr. Haukaas said they would use existing equipment. Mr. Richard Kedrowski, 6584 Anoka Street, stated his garage came out onto Anoka Street. He said the alley was useless to him and was something he felt he should not have to pay for. With respect to moving the fence, one of the concerns was the power poles were not in line down the alley. It created a narrow bottleneck in the middle of the alley and was a spot that could be a problem. There were also concerns about the gravel/dirt runoff into the street. He was looking in his alley after a rainstorm in the morning and right now with the sand, the water tended to soak into the sand. By paving this, at some point in time, they are creating runoff into peoples' yards. It would cause problems if they change the grade to try and make this run out onto Mississippi Street. By bringing the level up in the center, they would be going above a lot of the garage floors in the center of the alley. If water pooled up, it would cause problems. Mr. Haukaas replied that because the alley was narrow they would be paving right up to the power pole, but they would still be able to do the alley without moving the pole or fences or other structures. With respect to runoff, the alley would be paved with an inverted crown. It would bring water to the center and would transport the water out to Mississippi Street. It would not push the water toward adjacent properties. They have looked at all the grades and have surveyed it thoroughly. Mr. Kedrowski said he was also concerned about the "per foot" assessment. A majority of the large, 120-foot lots are owned by the people who do not have garages off the alley. He said he was asking for just a sympathetic vote to go through and assess it on an equal basis for each person who was there, so that people who did not use the alley did not pay twice as much as the people who did. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 9 Mayor Lund asked if this would be an eYCeption to the way it had been done in the past and if there �vould be any legal ramifications. Mr. Haukaas replied that assessment policies are very individualized to every city so, if that was the way they choose to assess the project, they certainly could do that. There �vas nothing barring them from dividing the cost equally by the 1 � properties that are involved. Councilmember Barnette said he thought the argument was well taken. Councilmember Wolfe stated he liked the idea of dividing the cost by the number of houses. Councilmember Bolkcom asked if they would have to have another public hearing to change the assessing method. Attorney Knaak replied they could continue the hearing for the assessment portion with respect to this alley if they chose to do so. They have a number of options as indicated by Mr. Haukaas, but they were improving the value of the property. There was some benefit, and that benefit had to be paid for under the City's policies. The policies were in place for the purpose of apportioning that cost. If they chose to apportion it on a per capita basis, they could do that, but they would need to continue the hearing. Dr. Burns, City Manager, said as opposed to a separate public hearing notice and another hearing. Mr. Knaak said that all property owners had already been notified. Councilmember Bolkcom said she thought the notice said they would be assessed per width. There may have been other people at the meeting if they had known they were going to be assessed straight across the board. Mr. Knaak said there was always the risk that assessments would change. Mayor Lund commented that he was also interested in seeing how that would affect the other two alleys. Councilmember Barnette asked Mr. Haukaas about the two other alleys off of East River Road. He recalled that some of those houses had garages that went out to the street, not the alley. Mr. Haukaas said it was a very similar situation. Mr. Kedrowski stated in the letter that was sent, there was a line that said "all of said land to be assessed proportionately according to the benefits received by such improvement." After speaking to many of his neighbors, their understanding of that was since they were not getting any use of this alley it was not going to cost them as much. He thought there would have been more people at the meeting had they known. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 10 Councilmember Barnette asked if the residents would be notified if the hearing was continued. He thought it would be the fair thinQ to do. Councilmember Bolkcom stated she would like to see how the changes in the assessment would benefit the residents in that area. Mr. Lloyd, 151 � Mississippi Street N.E., stated he was involved with the alley project and felt it was no problem to divide it by the number of homeowners and spread it out. He said he appreciated the time and effort Council and Mr. Haukaas put into this. He stated if they dropped the apron going out onto Mississippi a few inches there was no way in the world that water was � not going to run out of there. MOTION by Councilmember Bolkcom to continue the public hearing until July 14, 2003. Seconded by Councilmember Barnette. Councilmember Barnette asked that another letter be sent out that stated that the assessments would be done per capita/household. Mayor Lund stated he thought they heazd from the City Attorney that they could table this public hearing just on the assessment portion and potentially move ahead and vote to go ahead with ordering the plans. Mr. Haukaas replied that was not necessary; the next two resolutions should also be tabled. He said they would have prices at the next meeting and they can move forward with everything at that time. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS 10. RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF ALLEY PAVING PROJECT NO. ST. 2003-3. - MOTION by Councilmember Barnette to table this resolution until July 14, 2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. - FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 _ PAGE 11 11. RESOLUTION RECEIVING FI�1AL PLANS AND SPECIFICATIONS AND OBTRAINING QUOTES: ALLE�" PAVING PROJECT NO. ST. 2003-3. MOTION by Councilmember Barnette to table this resolution until July 14, 2003. Seconded by Councilmember Wolfe. UPOti A VOICE VOTE, ALL VOTIrG AYE, vIAYOR LtiND DECLARED THE NTOTION CARRIED UNANIMOUSLY. 12. RESOLUTION NO. 28-2003 REVOKING THE INTOXICATING LIQUOR LICENSE FOR NIN SEAN CO., DB/A SEAN'S GRILLE & PUB, LOCATED AT 8298 UNIVERSITY AVENUE N.E. (WARD 3). Mr. Pribyl, Finance Director, stated at the Council meeting of April 28, 2003, the City Council approved a conditional liquor license for Sean's based on a number of stipulations. One of those stipulations was to provide a CPA-attested monthly audited financial statement. On June 10, 2003, Sean's could not meet the condition of providing the statement for the previous month of May. On June 10, 2003, the City was made aware of notes actually posted on the doors of Sean's Grille & Pub notifying their patrons that they had in fact actually closed. Due to the fact that Sean's could not meet their requirement of providing the CPA-attested monthly statement, staff recommended that the liquor license be revoked. MOTION by Councilmember Bolkcom to adopt Resolution No. 28-2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. PRELIMINARY PLAT REQUEST, PS #03-04, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR THE CONSTRUCTION OF NEW TOWNHOMES, GENERALLY LOCATED AT 1163 AND 1175 NORTON AVENUE N.E. (WARD �• Mr. Hickok, Community Development Director, stated the plat request was being made to create seven separate lots as part of Lots 4 and 5, Auditor's Subdivision No. 89. - Mr. Juaire's plan was to construct a six-unit renter occupied townhome development. This was the third plat request submitted by Mr. Juaire for a townhome development on Norton Avenue. The property was zoned R-3, Multi-Family, as were the surrounding properties to the north, east, and south. The property to the west was zoned M-1, Light Industrial. The existing home and garage were built in 1958. Both structures will be removed to accommodate the proposed townhome development. The existing home on 1163 Norton was zoned R-3, Multi-Family, as were the surrounding properties. The home was constructed in 1953 and the garage was built in 1958. Both of these structures would be removed to accommodate the new development. The City Code required that the lots in the R-3, Multi-Family, zoning district have a minimum lot area of 15,000 square feet. The property was 25,960 square feet, which exceeded the minimum requirement. The proposed townhome development also met the setback and lot coverage requirements. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 12 Mr. Hickok stated that at the Nlay 21, 2003, Planing Commission meeting, the neighbors discussed the Comprehensive Plan, talked about construction hours and asked questions about how additional development on Norton Avenue would change the character of the neighborhood. He said the Comprehensive Plan for 2020 designated this area as redevelopment. The Planning Commission recommended approval of this request with thirteen stipulations. Staff recommended concurrence with the Planning Commission's recommendation. Ms. Cindy Mabel, 1214 Norton Avenue, stated that at the last City Council meeting the Mayor looked out at the audience and said he was surprised that none of the neighbors were at the meeting. She said she knew why. It was because they had all given up. They did not believe that the Council as a body cared about their street or what happened to it. There were big lots, many trees, and modest homes. That was the chazacter of the street. The Comprehensive Plan stated that you had to preserve the character of the street. When they started last February before they ever heard of Mr. Juaire, their street had 10 houses, 11 dupleYes, and one 8-plex. Very quickly they lost two homes and gained 8 townhomes. Many, many trees were taken out. There was be no extra parking. The available parking was going to be in the garage and what space was in front of it. She said how could they talk about landscaping on what little land is left. She asked if any of them had been out there to see what was going up now. According to the diagram, it looked like there would be some green space out in front, but there was not. The driveways and garages were right at the base of the street. Ms. Mabel said with respect to the neighbarhood, they are now down to 8 houses, 11 duplexes, an 8-plex, and 8 townhomes. At the last meeting they approved getting rid of another house and adding 4 more townhomes. Now they are down to 7 houses, 11 duplexes, 12 townhomes, and an 8-plex. If they approved this request, they would be doing down to 5 houses, all within six months. Mr. Juaire approached the remaining 5 houses. Two of the owners told he had asked if they �vould sell. The people of Norton Avenue have really given up. This home was her nest egg. She had a tremendous emotional attachment to that house. She never had a house when she was a child and it meant the world to her. Ms. Mabel stated also at one of the very first meetings, they requested that somebody pay attention to the street and they asked who was going to pay for the street as it deteriorated. She said the street has deteriorated. She said her neighbors asked her to go to the meeting. She said this was the last time she would go. She asked if they could really do this and what the purpose was of the City Council. She said Council needed to consider the human element. They needed to look at the human beings involved and what was being done to their neighborhood. Mayor Lund stated Council did not bring the redevelopment plans forward. Ms. Mabel stated she would like it if Council would drive down the street and see what was going up. Mayor Lund replied he had been down her street and saw the construction at the end of the cul- de-sac. He said she was right. It did take down trees and there was more density; but it was zoned for that density. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 13 Councilmember Wolfe stated that because of the way it was zoned, a gas station or convenience store could Eo in. They thought townhomes would be less intrusive. l�ir. Knaak said that ultimately the issue was going to be what did or did not comply with the zoninQ code and �vhether this proposal complied with the zoning code. He said that just an increase of the intensity of street use in and of itself probably would not stand up to a challenge. If there was simpl�� a greater amount of traffic on the street but the character of the neighborhood itself hadn't chanQe, meaning it was still residential, he did not think they would successfully uphold a negative decision. Councilmember w'olfe replied there was no question in his mind that they were definitely changing the character of the neighborhood. They were eliminating house after house after house. More duplexes. And as far as residential, it was still residential, but yet they had completely changed the neighborhood. Ms. Mabel asked if they had an obligation to provide a certain amount of low-income housing in Fridley. They had taken out two good starter homes. Those homes had been worked on up until just last year. What was being built here was going to cost people a lot more. If Mr. Juaire was going to charge what he said he was going to charge for the townhomes, they were not low income. Mayor Lund said the property owners sold those properties and they have the right to do so. A new person came in and bought the houses. He did not have to take them down and put up new structures, but obviously that was what he was buying them for. He said it was done within the zoning. He said it was not that they do not eare. Ms. Mabel said the issues they brought up were not enough. Mayor Lund said that unfortunately they were not. He knew that she was frustrated and that the neighborhood was angry. Ms. Mabel asked if her house was going to be the last one there. They have taken out her whole street and neighborhood. She said Council would care if it were happening to them. Councilmember Bolkcom asked Mr. Hickok to talk about the landscaping and the greenspace and what was actually required. Mr. Hickok replied on each one of the developments that have been reviewed, there was a landscape plan that was required. In the R-3 section of the City Code, it was extremely specific about the relationship of building size and lot size to the amount of trees and shrubs that were to be planted and seed and sod required. Irrigation was required. R-3 development essentially had the same landscape requirements as a commercial development. Each one of these was reviewed on its own merits. It was matched against the City Code to make sure the landscaping was right. If it was not they asked for modifications. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 14 Dr. Burns, City Manager, said there was much more than landscaping in the review process. There were other things such as storm drainage and park land dedication fees and other items that were a part of the platting process. The latitude the Council exercised here in the platting process was signiticant. Mr. Hickok agreed. He said it was important for the audience and the speaker to know and understand that each development was reviewed on its own merits. The developer met with planning, engineering, building, assessing, fire and safety staff. Each piece of this project was analyzed as it moved fonvard. He said it was an R-3 development and they could ask for and include a number of stipulations to make sure they got the highest quality project possible. Mayor Lund referred to the comment on street damage. He requested that staff from time to time revie�v that. He asked Mr. Haukaas if he could readily ascertain if there had been new damages to the street. Councilmember Bolkcom said there was a street survey that was done on all the different streets. She said he should have a condition of the street before the project ever started. Mr. Haukaas, Public Works Director, said they had a basic condition survey that was done on every street every two years. It did not go into a high level of detail but they know the general condition of the street. Mr. Michael Juaire, PMJ Group, Inc., stated he knew the neighborhood was mad. With respect to the street damage, the Assistant Director of Public Works, Layne Otteson, had been out there at least half a dozen times for various purposes and he knew on some specific occasions he had looked at the street. With respect to landscaping, there were some trees taken out of the first development. Whenever you put a new structure in, it was kind of the luck of the draw as to whether the existing trees were going to be underneath. He was required to and definitely wanted to have the properties all look nice and be attractive because he wanted the properties to be sold. He said he thought this project was an improvement to the neighborhood. MOTION by Councilmember Barnette to approve Plat Request, PS #03-04, to create seven separate lots from part of Lots 4 and 5, Auditor's Subdivision #89, in order to construct a six-unit townhome development with the following thirteen stipulations: The final landscape plans shall meet Code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. Brick type and application and elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building perrnit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using brick. FRIDLEY CITY COUNCIL MEETING OF 3UNE 23, 2003 PAGE 15 �. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. A grading and drainage plan shall be submitted and approved by the City's enQineering staff prior to issuance of a building permit. 7. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. Individual services will be required for each unit. 9. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 10. All elements of the building shall meet the current building code and be approved by the City Building Official. 11. The petitioner shall pay applicable park dedication fees of $1,500 per unit prior to the issuance of any building permits. 12. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 13. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, COUNCILMEMBER BILLINGS, COUNCILMEMBER BOLKCOM, MAYOR LUND, AND COUNCILMEMBER BARNETTE VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE BIDS AND AWARD CONTRACT FOR THE HICKORY DRIVE WATERMAIN PROJECT NO. 350. Councilmember Bolkcom said she received one telephone call from someone who asked if they ' were going to do anything with the storm drains in that area. When they get a hard rain, the storm drains fill up with twigs and grass and everything else. The caller asked if they were going to look at the one storm drain that appeared to be a little unusual and whether it would be corrected. Mr. Haukaas replied several parts of the storm sewer system will be impacted when they do this project and they will be reconstructed. They have looked at the grates and they will try and do FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 16 their best to change those out. Unfortunately when sticks and leaves and things like that go into them, they could not always prevent them from cloaging. In certain situations where there was eYCessive flow, they have changed to a different style of catch basin that would take all the materials through. He concern in doing that was that it would go directly into the lake. He said they did ;o out and clean out catch basins on a regular basis. He said this was a low point in the road. It was always going to collect sticks, twigs and leaves. In those types of areas, they usually asked for help from the neiahborhoods. They will look at the system and reconstruct it so it worked to the best of its ability. V Councilmember Bolkcom asked if they would look at a different type of grate. Mr. Haukaas said they would. Councilmember Bolkcom asked what the next step was because they planned on having a neighborhood informational meeting. Mr. Haukaas replied they were talking to the contractor and would set up a pre-construction meeting so they could review the schedule. They wanted to wait to have the neighborhood meeting until they had some more information. He said as soon as they found out when the pre- construction meeting would be, they would send a letter and try to schedule a neighborhood meeting shortly thereafter. By the time they had the neighborhood meeting, they would have all the information from the contractor. MOTION by Councilmember Bolkcom to receive the following bids for the Hickory Drive Watermain Project No. 350: Midwest Asphalt Corporation, $157,380.70; BNR Excavating, Inc., $169,576.00; Park Construction Company, $172,612.50; and Friedges Contracting Co., LLC, $187,723.11 and to award the bid to Midwest Asphalt Corporation in amount of $157,380.70. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. INFORMAL STATUS REPORTS Councilmember Bolkcom stated they received a letter from the Anoka County Highway Homes Program. The home at 461 Hugo, 8102 Fairmont Circle, 8114 Fairmont Circle, 7948 East River Road, and 510 Janesville Street have been rehabbed and there was going to be an open house on Sunday, July 13, from 2:00 to 4:00 at those five properties. If anyone was interested, they should contact Jennifer Bergman at 651-486-7401 or they could call and talk to City staff. Councilmember Bolkcom commended City staff on receiving an award for the newsletter by the League of Minnesota Cities. Mr. Harris said he wished to make a correction to his reference to the 62"d Street extension as a driveway. He wished to amend that and refer to it as a street. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 17 MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLf1RED THE JUNE 23, 2003, CITY COUNCIL NIEETING ADJOURNED AT 9:30 P.M. Respectfully submitted, Denise M. Letendre Scott J. Lund � Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 18, 2003 CALL TO ORDER: Chairperson Savage called the June 18, 2003, Pianning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Barb Johns, Larry Kuechle, Brad Dunham Members Absent: Dean Saba Others Present: Stacy Stromberg, Planner Tim Grote, Unity Hospital Bruce Larson, BWBR Architects, St. Paul, MN Frank Goms, 7517 Lyric Lane NE APPROVE THE JUNE 4 2003 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the June 4, 2003, Planning Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP #03-10, by Unity/Mercy Hospitals, Tim Grote, for a building expansion in an R-1, Single Family Zoning District, legal description is on file, and available upon request, generally located at 550 Osborne Road NE. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33 P.M. Ms. Stromberg stated the petitioner is requesting a special use permit to allow an expansion to the existing hospital which is located in the R-1, Single Family Zoning district. Unity Hospital and Minneapolis Radiation Oncology, Inc., are proposing a 2,375 square foot expansion to the existing Radiation Therapy Center which is located on the south side of the building. The existing Radiation Therapy Center was built in 1991, and the expansion witl be used for outpatient treatment rooms and office space. Ms. Stromberg stated the hospital was originally constructed in 1965, and many additions have been constructed since that time. A maintenance garage is also located on the property. Last fall, the hospital constructed a new parking lot on the north side of the property. Special use permits were granted in 1984, 1993, 1995, and 1999 to allow the expansion of a hospital use in a residentially-zoned district. Hospitals are a permitted special use in the R-1 zoning district, provided that the proposed expansion complies with the requirements for the special use permit 1 PLANNING COMMISSION MEETING, JUNE 18. 2003 PAGE 2 subject to the stipulations requested by staff: The proposed expansion will be an addition to the existing Radiation Therapy Center. Ms. Stromberg stated the approximate size of the proposed addition is 33 feet by 71.5 feet which is approximately 2,375 square feet. The proposed addition will be used for outpatient treatment rooms and office space. The petitioner has stated that the proposed addition may require an additional two employees and four additional patients per day. Ms. Stromberg stated currently the Unity campus has 1,069 parking spaces. City Code requires that upon completion of the expansion, the Unity Hospital campus should have 1,072 parking stalls. Eight stalls will be lost from the proposed expansion; therefore, the hospital campus will fall short of the Code requirements by 21 parking stalls. Ms. Stromberg stated City staff has received complaints from surrounding neighbors about hospital employees parking on Lyric Lane. However, based on staff observations, it doesn't appear there is a parking problem. Staff has observed the property and surrounding area at various times during the day for the past two weeks and has noticed that the parking lot has many open spaces. Staff also noticed there is a maximum of two vehicles parked on Lyric Lane, and it is hard to determine if those vehicles are related to the hospital or to the single- family homes on Lyric Lane. City staff will continue to monitor the parking and traffic on and near the property and will require that additional parking be added if it is determined that it is needed. Ms. Stromberg stated the proposed expansion meets lot coverage and setback requirements. Regarding neighborhood comments, they have heard from neighboring property owners who have concerns about parking, traffic, debris on the ground during construction, outdoor storage items alongside the maintenance garage, and lack of landscaping along Lyric Lane. The stipulations placed on the special use permit should alleviate these concerns. Therefore, City staff recommends approval of the special use permit with stipulations as hospitals are a permitted special use in the R-1, Single Family Zoning District, provided that the proposed expansion complies with the requirements for the special use permit subject to the following stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing, and painting after the addition is completed. 3. There shall be no outdoor storage of equipment or materials along the south side of the maintenance building. 4. The subject property shall be maintained free of any and all construction debris. 5. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 6. The salt shed shall be removed prior to issuance of a building permit for the proposed expansion. 7. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 8. The City reserves the right to require additional parking should the demand of the faciliry warrant it. 9. Any further expansions to the hospital will require the hospital to meet City code requirements for hard surface parking. Mr. Oquist stated he had a question regarding stipulation #4. When the site is under construction, how can the property be kept free of construction debris? 2 PLANNING COMMISSION MEETING, JUNE 18, 2003 PAGE 3 Ms. Stromberg stated one of the things they heard from neighboring property owners is during construction there is a lot of debris, trash, or plastic blowing around the area and the neighborhood, so they are asking that Unity clean up at the end of the day to deter those problems. Mr. Oquist stated there is still going to be some debris, and maybe that stipulation should be worded slightly differently. They could actually say Unity can't have any construction material laying around. Ms. Savage read an e-mail dated June 10, 2003, from Frank Goms, 7517 Lyric Lane, stating his concerns about a row of pine trees that separated the building and parking lot from the houses on Lyric Lane. Two rows of trees along the berm have disappeared, and not one tree has been replaced. Mr. Goms also mentioned about the hospital stating vines would be grown over a fence to block the view. Ms. Savage read a letter dated June 15, 2003, to Paul Bolin from Glen Byl, 7513 Lyric Lane, stating that before a special use permit is granted to Unity for a building expansion, Unity should do some area cleaning. There are a lot of old, unused parts and equipment stored behind a brick building facing Lyric Lane. Mr. Byl also listed other items, including a pile of dirt covered by a blue tarp. MOTION by Mr. Kondrick, seconded by Ms. Johns, to receive the e-mail dated June 10, 2003, from Frank Goms and the letter dated June 15, 2003, from Glen Byl. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Tim Grote, Director of Support Services for Mercy/Unity Hospital, stated he and Ms. Stromberg are going to talk tomorrow about a variance they have for the number of parking stalls. They are very close, but he just wanted to make sure they are on the same page as far as what they are short. His calculations show they are 12 or 13 short, and Ms. Stromberg's calculations show they are 21 short. He really didn't have any issues regarding the stipulations, but had some questions regarding stipulation #3 regarding the outdoor storage along the south side of the maintenance building. He wasn't aware there was a problem or issue with storage on that side of the building. They do have some very minimal storage there. There are some things they use that they can certainly remove from there if iYs an issue. It was designed as a storage area and is hard surface. He did not know what the stipulations were, if any, when the storage building was constructed regarding storage, but they can certainly comply with the stipulation if that is what is required. Mr. Grote asked if Unity put up a more privacy-type fence versus the existing cyclone fence, would they be able be able to store materials in that area if they were not in view of the neighbors across the street? Mr. Grote stated that regarding the stipulation about construction debris, he assumed it also included blowing materials. It might be a good idea to clarify that stipulation, because they couldn't do any construction without some debris. The issue might be that at times when they have high wind, some debris does blow out into the neighborhood, but they do their best to try and minimize that and take care of it as quickly as possible. He can say that any time he receives a phone call, he will make sure the problem is corrected. No one has ever called him personally and indicated any issues such as those brought up. 3 PLANNING COMMISSION MEETING, JUNE 18, 2003 PAGE 4 Mr. Grote stated regarding stipulation # 5 about construction vehicles not bringing materials before 7 a.m. and after 9 p.m. Is this stipulation for this project specifically, or is it a stipulation for any construction projects in the future? His concern is, since this is a hospital, there are times when they have to do some construction in the evening hours or early morning hours to minimize the impact on some of their patients who are having procedures done or when the OR is full with operations during the day. Is the issue with traffic on Lyric Lane, or is it the construction activity itself? They do have an alternate route they can use for traffic during off hours around the professional building. He would like some clarification on that. Mr. Grote stated regarding stipulation # 6, they will remove the salt shed before the City Council meeting. They have put some plans together for a project to create a salt storage area, and they will be bringing that to the Planning Commission some time in the future. The PCA requires that they store their salt in a storage facility so the rain and snowmelt doesn't wash it down into the storm water system. So, they do have to do something about the salt shed. This was an intermediary attempt at mitigating that in the short-term, and he apologized about not asking the City's permission. Right now the blue tarp is covering salt so the rain won't wash it away. Mr. Grote stated regarding stipulations #8 and #9, they have met with City officials and plan to complete a comprehensive campus parking plan in 2003 so that in 2004 they can begin construction and any upgrades that might be required. They knew they were fairly close to the limit on parking stalls by the requirements and the calculations. Mr. Grote stated they also monitor their parking Iots. One of the reason they asked to build the new parking lot on the north side of the campus last year was because they were getting nervous about the available parking areas during peak times for their visitors. It's in their best interest to provide adequate parking. Ms. Savage asked Ms. Stromberg to clarify the Ciry policy on the outdoor storage of equipment. Ms. Stromberg stated outdoor storage is not permitted in the R-1 district if it can be viewed from the public right-of-way. If a solid screening fence was installed, then the outdoor storage would not be viewed from the public right-of-way. The screening #ence can be discussed at a later date. Also, to clarify the limit on construction vehicles, the concern came from the residents on Lyric Lane regarding delivery vehicles coming down Lyric Lane for hospital construction. If there is an alternate route, maybe they can change that a little bit. However, construction hours are from 7 a.m. to 9 p.m., so the City does not allow construction to take place before and after those hours. Mr. Grote asked if it is necessary for the hospital to perform some type of activity after those hours, what should they do and who should they contact? They just built a new heart center over at the Mercy campus, and there was a situation where they had no other option but to do some construction work at about 4 in the morning. Ms. Johns asked if that construction included a lot of noise that would wake neighbors. Mr. Grote replied that particular construction didn't; however, it created some unsafe situations as far as traffic control. Mr. Kuechle stated the things like power cutovers and other similar kinds of things that need to be done during off hours that no one notices do not cause any problems. The problems they � PLANNING COMMISSION MEETING, JUNE 18, 2003 PAGE 5 are talking about are the Ready Mix trucks coming in at 6 in the morning, breaking up the curb at 6:00 in the morning, etc. Mr. Kondrick stated the City is asking Unity to be a good neighbor. Unity Hospital is very important to the community and the entire area. They have not performed in the past, and the City would like to see a change there. Mr. Oquist stated the outdoor sto�age of equipment is not allowed. The construction hours are imposed on any kind of construction in a residential area. There was also the complaint about the trees not being replaced. Mr. Grote stated he has been at Uniry for 4%z years and the trees haven't been there since he has started. He is thinking what happened is they were planted too close to the curb, and they were probably killed during the winter by the snowplows. He wondered if a more privacy-styled fence wouldn't appease the neighbors more perhaps than any other kind of landscape. Mr. Oquist stated it would have to be continually maintained. Ms. Savage stated the neighbors are not objecting to the expansion; they just have some specific complaints that seem very legitimate. Mr. Bruce Larson, BWBR Architects, stated his company worked on the addition. Regarding the trash, that is part of their specifications, too. They will keep an eye on that as they do on any other job. This is a pretty basic construction projects, so they shouldn't need to work on off-hours. So, he doesn't have any problems with the stipulations from the architectural side. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:03 P.M. Mr. Oquist stated as far as the special use permit goes for the expansion, that is fine. He thinks the Commission members have made their point that Unity need to clean up the area. Regarding stipulation #4, maybe they can change it to say that the construction debris cannot leave the subject property. Mr. Kondrick stated he stated he had no problem with that wording. Mr. Oquist asked if the stipulations as written will cover some of those concerns such as fixing the trees, getting rid of the storage, the exterior equipment, etc. Ms. Stromberg replied, yes. The only suggestion she had was regarding #4 to change it to read the subject property shall be maintained free of any and all loose construction debris on the premises or surrounding properties which would help the hospital know that it is the Ioose debris they are talking about. Mr. Larson replied the contractors know that and do police that. He suggested "manage construction debris so it doesn't become a nuisance on the surrounding properties". MOTtON by Mr. Oquist, seconded by Mr. Kondrick, to recommend approval of SP #03-10, by Unity/Mercy Hospitals for a building expansion with the following stipulations: 5 PLANNING COMMISSION MEETING, JUNE 18, 2003 PAGE 6 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing, and painting after the addition is completed. 3. No outdoor storage of equipment or materials along the south side of the maintenance building. 4. The subject property shall be maintained free of any loose construction debris in and around surrounding area. 5. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 6. The salt shed shall be removed prior to issuance of a building permit for the proposed expansion. 7. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 8. The City reserves the right to require additional parking should the demand of the facility warrant it. 9. Any further expansions to the hospital will require the hospital to meet City code requirements for hard surface parking. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. RECEIVE THE MINUTES OF THE MAY 5, 2003. PARKS AND RECREATION COMMISSION MEETING. MOTION by Mr. Kondrick, seconded by Ms. Johns, to receive the May 5, 2003, Parks and Recreation Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the July 2 Planning Commission meeting has been cancelled. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE JUNE 18, 2003, PLANNING COMMISSION MEETING ADJOURNED AT 8:09 P.M. Respectfully submitted, �/�/1��-- � ✓"�� Denise M. Letendre ,� Recording Secretary � � ClTY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2003 July 1, 2003 William Burns, City Manager � � � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planne� Subject: Special Use Permit Request, SP #03-10, Unity/Mercy Hospitals M-03-92 INTRODUCTION Tim Grote, representing Unity Hospital, is seeking a special use permit to allow an expansion to the existing hospital, which is located in the R-1, Single Family zoning district. The hospital is located at 550 Osborne Road. Unity Hospital and Minneapolis Radiation Oncology Inc., are proposing a 2,375 square foot expansion to the existing Radiation Therapy center. This addition will be connected to the existing Radiation Therapy center on the south side of the building. The existing Radiation Therapy center was built in 1991. The expansion will be used for outpatient treatment rooms and office space. PLANNFNG COMMISSION RECOMMENDATION At the June 18, 2003, Planning Commission meeting, a public hearing was held for SP #03-10. After a brief discussion, the Planning Commission recommended approval of SP #03-10, with one slight modification to stipulation #4 and with the additional stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner shall obtain any required permit prior to the start of construction. 7 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. No outdoor storage of equipment or materials along the south side of the maintenance building. 4. The subject property shall be maintained free of any loose construction debris on the premises and surrounding area. 5. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. 6. Salt shed shall be removed prior to issuance of a building permit for the proposed expansion. 7. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 8. The City reserves the right to require additional parking should the demand of the facility warrant it. 9. Any further expansions to the hospital will require the hospital to meet City code requirements for hard surface parking. �; City of Fridley Land Use Application SP #03-10 June 4, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Tim Grote Unity Hospital 550 Osborne Road Fridley MN 55432 Requested Action: Special Use Permit to allow a hospital expansion in a R-1, Single Family Residential District. Existing Zoning: R-1 (Single Family District) Location: 550 Osborne Road Size: 31 acres Existing Land Use: Unity Hospital Surrounding Land Use & Zoning: N: Spring Lake Park E: Medical Clinics & R-1 & C-R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.07.01.C.(8) requires a special use permit for hospitals and clinics in the R-1 zoning district. Zoning History: 1965 — Hospital constructed. The hospital has added several additions since 1965, see report. Legal Description of Property: Part of NW'/ of NE'h of Section 11, Township 30, Range 24. Public Utilities: Business is connected. Transportation: Osborne Road, Madison Street and Lyric Lane provide access to the property. Physical Characteristics: Lot consists of the hospital, professional building, parking lots, as well as tree covered areas. SUMMARY OF PROJECT Mr. Grote, representing Unity Hospital is seeking a special use permit to allow a hospital expansion on the south side of the building in the R-1, Single Family zoning district, which is located at 550 Osborne Road. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit. City Staff recommends approval of this special use permit request as hospitals are a permitted special use in the R-1, Single Family zoning district, provided that the proposed expansion complies with the requirements for the special use permit, subject to stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council —July 14, 2003 60 Day — July 14, 2003 Existing Building Staff Report Prepared by: Stacy Stromberg SP #03-10 REQUEST The petitioner representing Unity Hospital, Tim Grote, is seeking a special use permit to allow an expansion to the existing hospital, which is located in the R-1, Singte Family zoning district. The hospital is located at 550 Osborne Road. Unity Hospital and Minneapolis Radiation Oncology Inc, are proposing a 2,375 square foot expansion to the existing Radiation Therapy center. This addition will be connected to the existing Radiation Therapy center on the south side of the building. The existing Radiation Therapy center was built in 1991. The expansion will be used for treatment rooms and office space. HISTORY AND ANALYSIS The hospital was originally constructed in 1965. Additions to the hospital have occurred in 1967, 1970, 1971, 1980, 1981, 1982, 1985, 1991, 1993, 1996, and 1999. Also, located on the property is a maintenance garage. Last fall the hospital constructed a new parking lot on the north side of their property. Special use permits were granted in 1984, 1993, 1995, and 1999 to allow expansions of a hospital use in a residentially zoned district. Existing Building Hospitals are a permitted special use in the R-1 zoning district provided that the proposed expansion complies with the requirements for the special use permit, subject to the stipulations suggested by staff. The proposed expansion will be an addition to the existing Radiation Therapy Center, which is located on the south side of the building. The 10 approximate size of the proposed addition will be 33 feet by 71.5 feet, which is approximately 2,375 square feet. As was stated above, the proposed addition will be used for outpatient treatment rooms and office space. The petitioner has stated that the proposed addition may require an addition of 2 employees and 4 additional patients per day. Location of Proposed Expansion Currently, the Unity campus has 1,069 spaces. City Code requires that upon completion of the expansion, Unity Hospital campus have 1,062 parking stalls. The 1,062 parking stalls is determined by using the standard of one parking space per 250 square feet of floor area for the useable space and one parking space per every 2,000 square feet of floor area for storage and mechanical space. Eighteen parking stalls will be lost from the proposed expansion; therefore, the hospital campus will fall short of the code requirements by 11 parking stalls. City staff has received complaints from surrounding neighbors about hospital employees parking on Lyric Lane, however based on staffs observations it doesn't appear that a parking problem exists. Staff has observed the property and suROUnding area at various times during the day for the past finro weeks and has noticed that the parking lot has many parking spaces open. Staff also noticed that there is a maximum of two vehicles parked on Lyric Lane and it is hard to determine if those vehicles are related to the hospital or to the single family homes on Lyric Lane. City staff will monitor the parking and tra�c on and near the property and will require that additional parking be added, if it is determined tf�at it is needed. The proposed expansion meets lot coverage and setback requirements. 11 City staff has heard from neighboring properry owners who have had concems about parking, traffic, debris on the grounds during construction, and the outdoor storage of items along side the maintenance shed. The stipulations placed on this special use permit request, should alleviate any of these concerns. RECOMMENDATIONS City Staff recommends approval of this special use permit request as hospitals are a permitted special use in the R-1, Single Family zoning district, provided that the proposed expansion complies with the requirements for the special use permit, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. No outdoor storage of equipment or materials along the south side of the maintenance building. 4. The subject properiy shall be maintained free of any and all construction debris. 5. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. 6. Salt shed shall be removed prior to issuance of a building permit for the proposed expansion. 7. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 8. The City reserves the right to require additional parking should the demand of the facility warrant it. 9. Any further expansions to the hospital will require the hospital to meet City code requirements for hard surface parking. 12 � L cmr oF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2003 July 10, 2003 William Burns, City Manager�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Amendment to the Sign Plan for 7570 Highway 65 M-03-94 INTRODUCTION Last spring, the City Council approved a comprehensive sign plan amendment for 7570 Highway 65. Samir Awaijane, the owner of the property is now requesting an amendment to that sign plan. The amendment will allow internally lighted letters using red neon to display the business name. Using this type of signage will allow higher visibility while driving along Highway 65. SUMMARY Code Section 214.14, requires shopping centers and multiple tenant buildings to have a comprehensive sign plan approved by the City. The purpose of this requirement is to assure that centers have well planned, aesthetically pleasing, and consistent appearance. The proposed sign plan amendments meets all the City's criteria and will ensure a consistent look for the signage of this building. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the proposed amendment to the comprehensive sign plan for 7570 Highway 65. 13 � � CRY OF FRIDLEY TO: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF JULY '14, 2003 William H. Burns, City 1Vlanager �� David Sallman, Public Safety Director Safe and Sober Communities Grant Agreement July 10, 2003 The Anoka, Coon Rapids, Centennial Lakes, Lino Lakes, Columbia Heights, Spring Lake Park, Ramsey, and Fridley Police Departments, and the Anoka County Sheriff's Office, are submitting a joint grant request under the Safe and Sober Communities Grant Program. The State of Minnesota Department of Public Safety uses this program to award funds provided by the Federal Office of Traffic Safety to communities for use in traffic education and enforcement efforts. The Safe and Sober Communities Grant Program is expected to provide approximately $5,000 to each community to fund law enforcement officer overtime as they participate in joint enforcement efforts. These enforcement efforts will take place on major holiday weekends, will coincide with high school graduations in Anoka County, and on selected other weekends. The focus of these traffic patrols will be on enforcement of impaired driving and seatbelt laws. Several of these enforcement efforts will involve officers from all participating agencies simultaneously and will coincide with similar efforts throughout the State of Minnesota. In addition to the enforcement effort, community education through media advertising and news releases, posters to educate motorists as to the risks and consequences of impaired driving and failure to utilize seatbelts and passenger restraints will be funded. Each enforcement weekend will be augmented by a corresponding advertising campaign. The City of Coon Rapids Police Department will administer the Safe and Sober grant on behalf of the participating agencies. The Safe and Sober grant will provide reimbursement to the City of Fridley for the salary and benefits of our officers assigned to these overtime enforcement shifts. Some additional training is required of our officers and the Safe and Sober grant will provide this training as well. The City of Fridley provides officer time to attend this training, squad cars, fuel, and related supplies and support to our officers assigned to the enforcement effort. Staff recommends approval. 1� RESOLUTION NO. RESOLUTION AUTHORIZING PARTICIPATION IN THE SAFE AND SOBER COMMUNITIES GRANT PROGRAM WHEREAS, the City of Fridley recognizes the importance of the safe and efficient movement of traffic in and through our community; `VHEREAS, the City of Fridley Police Department works to improve the safe and efficient movement of traffic through education and enforcement; WHEREAS, drivers operating motor vehicles under the influence of alcohol and vehicle occupants not utilizing vehicle safety belts contribute to needless accidents and injury; WHEREAS, in recognition of the adverse impact on lives and property resulting from impaired drivers and the non-use of seatbelts, the State of Minnesota, Minnesota Department of Public Safety, and the Office of Traffic Safety have developed the SAFE AND SOBER Grant Program to fund traffic safety education and enforcement; WHEREAS, the Anoka County and the Municipalities of Anoka, Centerville, Circle Pines, Columbia Heights, Coon Rapids, Lino Lakes, Ramsey, Spring Lake Park, and Fridley desire to cooperatively participate in the SAFE AND SOBER COMMLJNITIES Grant Program during the year from October 1, 2003 through September 30, 2004; NOW, THEREFORE BE IT RESOLVED that the Chief of the Fridley Police Department ar his designee is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Fridley. Be it further resolved that the Chief af the Coon Rapids Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the City of Fridley Police Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14�h DAY OF JULY, 2003. ATTEST: DEBRA A. SKOGEN — CITY CLERK SCOTT J. LUND — MAYOR 15 � ` CffY OF FRIDLEY To: From: Date: Re: CC: AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2003 William W. Burns, City Manager �� Captain Lynne Tellers 7/9/03 Hazard Mitigation Planning Grant Director Sallman Enclosed you will find a resolution for your approval regarding the 2003 Hazard Mitigation Planning Grant process. Anoka County is coordinating the grant application and disbursement process. We are required to participate in the process and develop a plan in order to receive funds. The resolution enables the County and the State to provide the Federal Emergency Management Agency with our desire to comply with all the requirements to receive federal dollars. I have included a copy of the resolution, new planning requirements for the Disaster Mitigation Act of 2000, and an All-Hazard Planning question and answer worksheet for your information. Staff have reviewed these rules and requirements and developed this resolution. Staff recommends that the Fridley City Council approve the resolution. 16 � RESOLUTION NO. - 2003 RESOLUTION TO PARTICIPATE IN HAZARD MITIGATION PLANNING PROCESS `VHEREAS, the City of FRIDLEY is participating in a hazard mitigation planning process as established under the Hazard Mitigation Act of 2000 and administered through �'�iOKA County; and �VHEREAS, the Act establishes a framework for the development of a city hazard mitigation plan; and WHEREAS, the Act as part of the planning process requires public involvement and coordination among neighboring local and County units of government and businesses; and WHEREAS, the plan must include a risk assessment including past hazards, hazards that threaten the city, maps of hazards, an estimate of structures at risk, estimate of potential dollar losses for each hazard, a general description of land uses and development trends; and WHEREAS, the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the plan must include a maintenance or implementation process including plan updates, integration of plan into other planning documents and how the city will maintain public participation and coordination; and WHEREAS, the draft plan will be shared with Anoka County and Minnesota Planning for coordination of state agency review and comment on the draft; and WHEREAS, approval of the all hazard mitigation plan will make the city eligible to receive Hazard Mitigation Grant Program (HMGP) project grants; and WHEREAS, this resolution does not preclude the City of Fridley from preparing or revising its own plan sometime in the future should it desire to do so. NOW THEREFORE BE IT RESOLVED, that the City of Fridley is authorized to participate in the countywide hazard mitigation planning effort, and recognizes that the plan will also coordinate with the participating cities and townships throughout ANOKA County. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2003. ATTEST: Debra A. Skogen, City Clerk 17 Scott J. Lund, Mayor /i?�f'� �tll�i/ M��0111! � Disaster l�litigation Act of 2000 Brings New Planning Requirements to Local Governments Congress has a lonQ history of fundinD disaster relief, recovery and some hazard mitigation planning throu�h the Federal Emergency Management Agency. Now, the Disaster Mitigation Act of 20�0 �Public Law 106-39Q) reinforces the importance of mitigation planning in both pre- and post-disaster situations, and emphasizes plannin� for disasters before they occur. This document covers the basic requirements of the act. It includes a excerpts from the federal rules covering Iocal mitigation plans and check lists of plan content and planning process requirements. Section 322 of the act specifically addresses state and local miti�ation planning. It establishes pre-disacter hazard mitigation funding and new requirements for che national post disaster Hazard Mitigation Grant Pro�ram (HMGP). It identifies new requirements that a11ow I-II�iGP funds to be used for planning activities, and increases the amouat of HMGP funds available to states that have developed a comprehensive, enhanced mitigation plan prior to a disaster. States and communities must have an approved mitigation plan in place prior to receiving HMGP funds. Local and tribal mitigation plans must demonstrate that their proposed mitigation measures are based on a sound planning process that accounts for the risk to and the capabilities uf the individual communities. State government responsibilities include: • Preparing a standard or enhanced state mitigation plan ■ Reviewing and updating the state plan every three years ■ Providing technical assistance and training to local governments to assist them in applying for HMGP b ants and in developing local mitigation plans The act encourages cooperation between state and local authorities, prompting them to work together. It rewards local and state �re-disaster planning and promo[es disaster resistance as a key component of sustainable development. The intended result is better articulation of local and state government mitigation needs, resultin� in faster al]ocation of funding and more effective risk reduciion projects. The planning process requires: Open Public involvement ✓ Public meeting that introduces process and project requirements ✓ PubIic opportunities for involvement identifying and assessing risk � Public involvement for drafting plan ✓ Public involvement in approval stages of the plan Community Cooperation � Opporcunity for neiahboring communities to participate ✓ Opportunity for local govemment agencies and departments to participate ✓ Opportunity for the business community to participate ✓ Opportunity for educational institutions to participate ✓ Opportunity for non-profits to participate Incorporadon of local documents ✓ Review and assess Zoning Ordinance ✓ Review and assess Building Codes ✓ Review and assess Water Plan ✓ Review and assess Subdivision Ordinance ✓ Review and assess Comprehensive Plan ✓ Review local studies ✓ Review local reports - ✓ Review technical information : ■azar� ��nlm.■ n�,■n� interim Final Rule Details Requirements To assist states and communities in complying with the new Disaster Mitigation Act requirements, FEN1A prepared an Interim Final Rule, published in the Federal Register on February 26, 2002, at 4-� CFR Part 201 and 206. The first part establishes planning criteria for states and local communities, the second covers funding. � These excerpts from part 201 cover the local miti�ation plan requirements. Sec. 201.6 Local l�litigation Plaas. The local mitigation plan is the representation of the jurisdiction's commitment to reduce risks from naturaI hazards, serving as a guide for decision makers as they commit resources to reducino the effects of natural ha2ards. Local plans will also serve as the basis for the State to provide technical assistance and to prioritize project fundin�. (a) Ptan requirement. (1) For disasiers declared after November 1, 2003, a local government must have a mitigation plan approved pursuant to this section in order to receive HMGP project grants. Until November 1, 2003, local mitigation plans may be developed concurrent with the implementation of the project grant. (2) Regional Directors may grant an exception to the plan requirement in extraordinary circumstances, such as in a small and impoverished community, when justification is provided. In these cases, a plan will be completed within 12 months of the award of the project grant. If a plan is not provided within this timeframe, the project grant will be ternunated, and any.costs incurred after notice of grant's termination will not be reimbursed by FEMA. (3) Multi jurisdictional plans (e.g. watershed plans) may be accepted, as appropriate, as long as each jurisdiction has participated in the process and has officially adopted the plan. Statewide plans will not be accepted as multi- jurisdictiona( plans. (b) Planning process. An open public involvement process is essential to the development of an effective plan. In order to develop a more comprehensive approach to reducing the effects of natural disasters, the planning process shall include: (1) An opportunity for the public to comment on the plan during the drafting stage and prior to plan approval; (2) An opportunity for neighboring communities, local and regional agencies involved in hazard mitigation activities, and agencies that have the authority to regulate development, as well as businesses, academia and other private and non-profit interesu to be involved in the pianning process; and (3) Review and incorporation, if appropriate, of existin� plans, studies, reports, and technical information. (c) Plan contenG T'he plan shall include the following: (1) Documentation of the planning process used to develop the plan, including how it was prepared, who was involved in the process, and how the public was involved_ (2) A risk assessment that provides the factual basis for activities proposed in the strategy to reduce losses from identified hazards. Local risk assessments must provide sufficient information to enable the jurisdiction to identify and prioritize appropriate mitigation actions to reduce losses from identified hazards. The risk assessment shall incl�de: (i) A description of the type, location, and extent of all natural hazards that can affect the jurisdiction. The ptan shall include information on pre��ious occurrences of 19 �mr� ild�atlt� M�ule� hazard events and on the probability of future hazard events. (ii) A description of the jurisdiction's wlnerability to the hazards described in para�raph (c)(2)(i) of this section. This description shall include an overall summary of each hazard and its impact on the community. The plan should describe vulnerabilitv in terms of: (A) The types and numbers of existin� and future buiIdings, infraswcture, and critica] facilities located in the identified hazard areas; (B) An estimate of the potential dollar losses to wlnerable structures ident�ed in para�aph (c)(2)(i}(A) of this section and a description of the methodo(o�}+ used to prepare the estimate; (C) Providing a �eneral description of land uses and development trends within the community so [hat mitigation options can be considered in future land use decisions. (iii) For multi jurisdictional plans, the risk assessment section must assess each jurisdiction's risks where they vary from the risks facing the entire planning area. (3) A mitigation strategy that provides the jurisdiction's blueprint for reducing the potential losses ident�ed in the risk assessment, based on existing authorities, policies, programs and resources, and its ability to expand on and improve these existing tools. 'I'his section shall include: (i) A description of mitigation goals to reduce or avoid long-term wlnerabilities to the identified hazards. (ii) A section that identifies and analyzes a comprehensive ranae of specific mitigation actions and projects being considered to reduce the effects of each hazard, with particular emphasis on new and existing buildin�s and infrastrvcture. (iii) An action plan describing how the actions identified in parab aph (c)(2)(ii) of this section will be prioritized, implemented, and administered by the local jurisdiction. Prioritization shall include a special emphasis on the extent to which benefits are ma.�cimized according to a cost benefit review of the proposed projects and their associated costs. (iv) For multi-jurisdictional plans, there must be identifiable action items specific to the jurisdiction requestin� FEIvL� approval or credit of the plan. (=�) A plan maintenance process that includes: (i) A section describin� the method and schedule of monitoring, evaluating, and updating the mitigation plan within a five- year cycte. (ii) A process by which local govemments incorporate the requirements of the mitigation plan into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate. (iii) Discussion on how the community will continue public participation in the plan maintenance process. (_5) Documentation that the plan has been formally adopted by the governing body of the jurisdiction requesting approval of the plan (e.g., City Council, County Commissioner, Tribal Council). For multi jurisdictional plans, each jurisdiction requesting approval of the plan must document that it has been formally adopted. (d) Plan rc��ew. � l) Plans must be submitted to the State Hazard Mitigation Officer for initia] review and coordination. The State wiil then send the p}an to the appropriate FEMA Regional Office for formal review and approval. (2) The Regional review will be completed within 45 days after receipt from the State, whenever possible. (3) Plans must be reviewed, revised if appropriate, and resubmitted for approval within five years in order to continue to be elioible for HMGP project grant funding. (4) Managing States that have been approved under the criteria established by FEMA pursuant to 42 U.S.C. 5170c(c) will be delegated approval authority for local mitigation plans, and the review will be based on the criteria in this part. Managing States will review lhe pians within 45 days of receipt of the plans, whenever possible, and provide a copy of the approved plans to the Reo onal Office. 2� �mrr Il�tlad�a h�ule! All Hazard Mitigation Plan Check List Check this list to see what must be included in an all hazard mitigation plan. Planning Process _ Action p(an (identifies & prioriti2es _ Documentation of the planning process specifc cost effective mitigation used projects) _ Documentation of how the plan was _ Multi jurisdictional plans must include prepared items for the spec�c jurisdiction _ Documentation of who was involved requesting funds or approval _ Describe how the public was involved Risk :�►ssessment _ Section on past hazard events occurring in community _ Section discussing hazards threatening community _ Maps outlining all hazard areas within the community (Must ir.clude required point and line elements) _ An estimate of the types and number of structures a[ risk _ Estimates musi include residences, businesses, critical facilities & infrastructure _ Maps & discussion of repetitive loss properties & potential mitigation activities _ Estimation of potential losses, including dolIar losses, for each type of hazard _ Section that describes a jurisdiction's wlnerability to hazards _ A general description of ]and uses and development trends Mitigation Strategy _ Section describing local mitigation goaIs & objectives (include proposed strategies, programs & actions to avoid long-term wlnerabilities) _ Section describing a "blueprint" for reducing potential losses (based on existing policies, authorities, programs and resources) _ Section that identifies and analyzes a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of a hazard Maintenance Process _ Section describing the method and schedule of monitoring, evaluating and updating the plan (Must be a minimum five year cycle and resubmitted every five years to remain eligible for HMGP funding) _ Identify a process for integrating the All Hazard Mitigation Plan into other planning mechanisms _ Section discussing how the community will maintain public participation Documentation _ Formal adoption by the community and for multi-jurisdictional plan by each jurisdiction Plan Review _ Plans must be submitted ro the State Hazard Mitigation Officer for initial review and coordination _ Regional Review will be completed in 45 days after receipt from the State, whenever possible _ Plans must be reviewed, revised if appropriate, and resubmitted for approval within five years in order to be eligible for HIvIGP project grant funding 21 6ss cea� st. ' St. Paul, MN SS155 ,_ 651-296-3985 �� www.mnplanst�te.mn.us PLA1111V�ING - What �� D�erence , � � De]i Nlaites , ��r�� . azard �!;tiganon Gcant Program ��iGP) Q&.� All-Hazard Planning Q &A http:; iwww.dps.state.mn.us/emern�gt/rtritigation/hmSP✓P��Fl9�-hQn ��tG�t � k: 1 _i_ lflHlE fl�i! 11i i�l�!'t pii�E� As a result of the Disaster Mitigation Ad of 2000, FcMA now requires that in order to be eligibie fo� �unds in the Hazard Mitigation Grant Program (HMGP), a multi-hazard mitigation plan must first be in piace. This becomes efFective November 1, 2004. FEMA has provided states with funding to help loca) govemments partially fund such plans: one source has been t}vough the Pre-Disaster Mitigadon grant program—these funds became available in 2002 and to date have all been allocated with no word yet on whether the program will be funded for 2003; a second source of funding comes from the HMGP program itself where planning funds can be allocated. A.n application can be found online at: ht:n://www.dem.state.mn.us/mitiaation/hmgo/planning/mit�lanaop odf If interested in using the HMGP for planning please complete applications by May 1, 2003. Ouestions & Answers Q: Do we have to do this? A: No, but then again you will not be eligible for HMGP funding that can help your community lesson �tie impact of future disasters. Q: When do we have to do this? A: The deadline is November 1, 2004: a community has 12 months from receiving planning grants to complete a draft plan; then six more months are given to finalize the plan. Q: Can't I just wait for tfie other counties to do their plan and then I can copy theirs? A: Whatever source you use you still need to do an original plan of your own--or participate in a countywide plan. Public participation meetings and an assessment of risk to structures will be unique to eac}i county, so not much room for plagiarism. Q: What if my county is already completing a plan? � A: Simply provide data and information and participate in the planning process via public meetings to be induded under this plan; both the county and all its local govemments can then be covered under the same plan. The plan must then be locally adopted via resolution or ordinance. � Q: I am just a township / city, can I apply separately from the county? A: Technically yes; however, in an efFort to cover more ground the state's focus will be toward the county-level, with the inclusion of local communities. Q: What role do Townships play? A: Here in Minnesota we do not separate Townships from Cities when defining what a"municipality" is (jurisdiction), they both hold equal powers when it comes to planning, zoning, subdivision, and even building code adoption and enfortement. Thus, any jurisdiction / municipality (city or Township) that foresees the need to apply for funding under HMGP should participate and officially adopt the county's mitigation plan or consider completing a plan of their own if they so choose. Q: To what extent do we need to address human-caused hazards? A: The state of Minnesota is requiring that tfiese plans go beyond natural hazards and include 22 f 3 ._ 2�26,'2003 5:3� A��1 '�'� ,��IL"�3llJR VCs:.0 : CUX::17�.^, „l..i�.:: ; ��s. �. ;n�:, •�ww.,;p,.s:a�e..;.n.�semermgt,auugano�vnmgpiplanryn8/9ahQ � �• human-causzd hazards. i ne mock pian does provide a strategy �or categorizing these hazards and the F�MA guide, "Integrating Human-Caus2d Hazards into Mitigation Planning" should be a good resource as wefl. This wiil also be addressed in more detail at the Governors EM Conference on Marcn 4. Q: Who takes control of the pian when it is compieted? Where does it reside? A: That uitimately depends on the community. Logically, if it were a county plan for example, the county administrator would identify which agencies woufd implement what settions of the pian or whicf� pa�ticular strategy, etc. Q: We Emergency Managers do a lot of planning so why shouid we seek heip from other land-use pianners? A: Yes, EM persons are irvoived in many planning operations; however, EM persons must cooperate with "other planners" in the county to get this large, comprehensive planning task completed. Q: What projects can be funded under HMGP? A: These questions would have to be fielded in more detail through the DEM o�ce with Lisa Dressfer. It should also be stressed that the planning p�ocess should not focus primarily on what FEMA pays for but rather what a community can accomplish. Q: What if we do not complete plans right now; will we have a chance latter? A: After the November 1, 2004 deadline FEMA requires mitigation plans be in place as a condition of receiving mitigation funds. It is best to complete plans as early as possible and when funding is available to help complete plans. Q: How much money can I receive from this grant? A: Show us a good proposal and we will consider it. County plans should not run over $30K—Remember your %25 match. This is actually a bit on the high side given the available resources at the state and local levels. Q: I am a busy person, do I have to complete this plan all by myself? A: No, we encourage you to use federal, state, and local resources to bring the plan components - together—planne�s, emergency managers, etc. Q: We are a tribal government, how can we participate? A: If your lands lay within a county that is completing a plan you can participate like other local units of government and be covered under the county plan. Tribal governments also have the option of applying directly to FEMA for funding. Q: Can I contract out some or all of the work needed to complete the plan? A: Yes, for example through a Regional Development Commission, other local government office or a private contractor. Q: Do I need to be involved in National Flood Insurance Program (NFIP) to participate? A: Yes, and in good standing Q: Can I use HMGP funding for creating Flood Plans? A: No, they must be "ALL" hazard plans. Flood management is certainly one component. HMGP funds may be used toward mitigation efforts such as retrofitting structures or planning (apply separately). Q; How often must I update ti�e plan? A: Every 5 years (state updates its plan every 3). Note that in the event of a disaster the afFected community must assure that the mitigation activity is covered in the plan; if not, it must be amend via a resolution. Q: What should a plan look like? A: Plans need to include the components outlined in FEMA regulations; the state will provide a model template for guidance. Exact content and length will depend on geography, hazard type and 23 Ha:,ard \�ir.gar.on Granc Program �I-�(GP) Q�.� populaticn. Q: WhaYs in it for me? �nswer(s): • Eligibility for future HMGP fun�s; http:; ;'www.dps.srace.mn. us emerrngt/mitigatiorv'hmgpiptanningrq�htr, • runding to suppiement plan development • Support and coordination from state and federai resources; • A plan that will heip assure the health, life and safety of its residents through risk ass2ssment and mitigation strategies; • A plan that ident�fies and prese;ves unique buiiding types, deve!opment pattems and diversity of a community. • Abifity to speed the recovery pracess a�er a disaster Q: What documentation must I ke�p for the use of grant funds? A: That is discussed through the sub-grantee agreement between the state and local govemments; note that matching funds must also be documented. Contact for further questions: Lisa Dressler Hazard Mitigation Administrator Phone: 651/297-2970 �lRoy Murphy ( Mitigation Planner i IPhone: 651/296-2007 rnv_murnhv(a�ctata mr *�`Documents marked "PDF" require use or an Adobe Acrobat Reader, which can be downloaded free. C'ick here for details.** ::.�-: -..�, ., �� Back to top Links: Departrnent of Public Safetv Home Page; DEM Home Paae; ERC Home Paae; Daily Threat Bn•efina; Disaster Information; Domestic Preparedness; Emergency Plans Links: Minnesota Dutv Officer MDO�;. Minnesota Meth Lab Task Force; Mitigation/Pro,iect Impact; Publications: Radiological Emergency Pre�aredness (REP); Schools and Emergency Preoaredness; Search the DEM Web Site: Trainin �i 7 3 of 3 2.'36;2003 8:�'_ .4 � � CRY OF FRIDLEY � �: �� AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2003 APPOINTMENT HOUSING AND REDEVELOPMENT AUTHORITY William Holm TERM EXPIRES: June 9, 2007 25 = AGENDA ITEM COUNCIL MEETING OF JULY 14, 2003 CfTY OF FRIDLEY n CLA1 MS 112115 -112434 0 26 �. � � Cff7 OF FRIDLEY Type of License AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2003 LICENSES � AUCTION Michael Servetus Unitarian Society Church 6�6� Oakley Dr NE Michael Ryan Fridley, MN 55432 FOOD Wing Hing Garden dba Wong's Gourmet 1254 E. Moore Lake Dr Fridley, MN 55432 JUNK YARD Copart of Connecticut 3737 East River Rd Fridley, MN 55421 Approved By: Public Safety Lisa Chen Public Safety Fire Inspector Community Development Paul Styer Public Safety Community Development MANAGERIAL LIQUOR DISPENSING Main Event Deborah Navratil Public Safety 7820 University Ave NE Fridley, MN 55432 PEDDLER Budget Blinds of Blaine Sherri Brown Public Safety 15521 91St Ave N Maple Grove, MN 55369 TEMPORARY GAMBLING MetroNorth Chamber of Commerce Thomas Snell 277 Coon rapids Blvd #101 Coon Rapids, NIN 55433 USED MOTOR VEHICLE Copart of Connecticut Paul Styer 3737 East River Rd Fridley, MN 55421 27 Public Safety City Clerk Public Safety Community Development Fees: waived $45 $350 $10 $60 waived $150 � � a Y: � �) City of Fridley AGENDAITEM City Council Meeting Of Monday, July 14, 2003 Electrical Cascade Electric Inc 4135 East Rum River Cir Cambridge MN 55008-3800 Gas Services Anderson Heating & Air Cond 4347 Central Ave NE Columbia Heights MN 55421 Dahl Heating � Air 1933 164 Ln NE Ham Lake MN 55304 Dependable Indoor Air Quality Inc 2619 Coon Rapids Blvd NW Coon Rapids MN 55433 Southside Heating � A/C Inc 10800 Normandale Blvd Bloomington MN 55437-3130 Total Comfort 12800 Hwy 55 Plymouth MN 55441- General Contractor-Commercial Brausen Tim Siding 240 Twilite Terrace Circle Pines MN 55014-1625 Design 1 of Edina LTD 9973 Valley View Rd Eden Prairie MN 55344-3526 � Todd Shaffer George Whittenberger Jerry Dahl James Holt Robert Siefert Amy Reed Tim Brausen Robert Davis �•� Approved Bv: State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � Pederson John Construction 7790 Main St NE John Pederson Fridley MN 55432- Ryan Companies US inc 50 S 10 St STE 300 Anthony Johnson Minneapolis MN 55403-2012 General Contractor-Residential Bainville Exteriors Inc 2434 Hillview Rd Rebecca Bainville Mounds View MN 55112- Boland Pat Construction (20010173) 3233 140 Ave NW Pat Boland Andover MN 55304- Crystal Kitchen Center (7200) 668 N Hwy 169 Jolynn Johnson Golden Valley MN 55427- Exterior Innovations Inc (9318) 9635 Humboldt Ave S Rondi Jenkins Bloomington MN 55431- Five Pillars Contracting (20098641) 1202 Hathaway Lane NE Dicea Hassan Fridley MN 55432- Garlock French Roofing (1423) 2301 E 25 St Dave Karel Minneapolis MN 55406 Highmark Builders Inc (20393854) 12901 Abbott Cir Jim Moras Bumsville MN 55337- Home Improvements of MN (20184826) 13789 Fordham Ct Tom Thome Apple Valley MN 55124- 29 Approved By: Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN � Lundberg Remodeling Co�st (20039932) 16132 Xenia St NW William Lundberg Andover MN 55304- MN Window & Siding Co (20296565) 5730 Duluth St Jon Wacker Golden Valley MN 55422- Norling Exteriors Inc (20098700) 341 79 Way NE Jim Norling Fridley MN 55432 Renslows Decks Gazebos 1115 Southview Blvd Chris Renslow So St Paul MN 55075- River Valley Remodeling Ren (20272466) 2630 Hidden Valley Ln Scott Isaacson Stillwater MN 55082- RNR Home Improvement LLC (20337285) 723 Charles Ave Nene O Matey-Keke St Paul MN 55104- Rudnitski Neil Construction (20157764) 8265 Spring Lake Rd Neil Rudnitski Mounds View MN 55112- Skilcraft Industries Inc (8107) 1601 N Innsbruck Dr #126 Fridley MN 55432- Talon Woodworking Inc (20153480) 3421 143 Ave NE Ham Lake MN 55304 Wills Greg Exteriors (20037840) 4246 Royce St NE Columbia Heights MN 55421-3077 Donald Ballinger Mark LeClair Greg Wills 30 Approved Bv: State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN Window Concepts of MN Inc (2013493) 990 Lone Oak Rd #114 Eagan MN 55121- HeatinA Anderson Heating 8� Air Cond 4347 Central Ave NE Columbia Heights MN 55421 Dahl Heating 8� Air 1933 164 Lane NE Ham Lake MN 55304 Dependable Indoor Air Quality Inc 2619 Coon Rapids Blvd NW Coon Rapids MN 55433-3900 Southside Heating 8� AC Inc 10800 Normandale Blvd Bloomington MN 55437-3130 Total Comfort 12800 Hwy 55 Plymouth MN 55441- Plumbinq Groth Sewer 8� Water 775 Tower Dr Hamel MN 55340- No�th Suburban P(umbing Inc 28221 144 St Zimmerman MN 55398- P 8� K Plumbing 25495 Larch St NW Isanti MN 55040- � Greg Ramel Jr George Whittenberger Jerry Dahl James Holt Robert Siefert Amy Reed Larry Groth Paul McElhone Philip Mauriala 31 Approved By: State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Offlcial State of MN State of MN State of MN Shiloah Water Co 7319 166 Ave NW Ramsey MN 55303- Roofinq Garlock French Roofing Corp ` 2301 E 25 St Minneapolis MN 55406-1220 � Ed Dery David Karel 32 Approved Bv: State of MN Ron Julkowski Building Official , � I �. ! ` CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2003 ESTIMATES CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, MN 55337 Municipal Garage Expansion Project No. 343 EstimateNo. 8 ................................................ Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374-9461 ........................................ $ 9,439.97 2003 Street Improvement Marian Hills Project No. ST. 2003 — 1 EstimateNo. 1 ....................................................................................... $128,311.09 33 r ! f UTY OF FRIDLEY I_«�:1 �T_\ � � � ►'� I CITY COUNCIL MEETING OF JULY 14, 2003 Date: July 8, 2003 To: William Burns, City Manager t� � � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: Public Hearing for Review of Special Use Permit # 73-07 to Consider Revocation for Central Auto Parts, 1201 73 '/2 Avenue, Fridley, MN. INTRODUCTION M-03-71 Staff scheduled the item for Council review and potential revocation of the special use permit. At this time staff recommends that the stipulations of both Central Auto's 1973 and 1982 special use permits be combined (and further deiined) and that the property oumers be required to meet all standards within a 12 —month time frame. At the end of this 12 — month period, if all stipulations are not strictly adhered, staff recommends revocation of the special use permit at that time. ELEMENTS FOR CONSIDERATION History of Site: On Apri128,1970, the City Manager complained about junk cars in this area. An inspection of the lot showed " lot strewn with junk cars" (picture on file). Staff contacted Leroy Haluptzok at that time. Mr. Haluptzuk indicated that he intended to place a fence on site to block the cars from view. Staff required that the fence be installed "as soon as possible". No salvage yard approvals were in place; the land was not properly zoned for that use. In October 1972, the City contacted Roger Gilquist, who was the apparent new contact for 1201 73 1/2 Avenue (Central's location). The City granted Mr. Gilquist permission to move an existing building from the south side of 73 %2 Avenue to the north side of 73 %z Avenue, provided they complied with several stipulations including: 1. Building permit for the work be obtained. 2. Fence around yard north of 73 '/2 be repaired, painted or stained, all cars and parts be kept inside the fence on the north location. 34 ,,.i`UL-I4-2003 : s�. SS ; R I DER HENNETT RIDE R B ENNETT A Limited Liability Partnership 6123407500 FAX COVER SHEET 333 Sout� Seventh Street Suite 2000 Minneapolis, MN 55402 www.riderlaw.com Business • Litigation Trusts and Estates Fax No. (612) 340-7900 Please deliver this 5 page document, including cover sheet Mr. Paul Bolin, Planning Coordinator, City 763-57�-1287 T4: of Fridley Fax# 763-786-5198 FROM: Joseph G. Sedarski Date: July 14, 2003 Sent By. --� 4'. i�. 91i05 Direct DiaL• (612) 340-8997 Atty Charge #: 0554 Bill To: 12298/030289 E-Mail: �gsedarski@riderlaw.com Re: l.etEer Regarding Central Auto Parts, Special Use Permit, and Public Hearing Monday July 14� 2003 Dear Mr. Bolin, Please find attached the above-referenced letter. 1 respectfully request that you distribute a copy of this letter to membe�s oi the Fridley City Council in preparation for this evening's Public Hearing regarding this matter. { w;ll bring exb-a copies, if needed, tc the eeting. Thank you in advance for you cooperation and assistance with this matter. Ve Tru ' g J e G. rski cc: Jerry Haluptzok PLEASE DELIVER IMMEDIATELY! Orfglnals Wi11 Not Be Sent Sy Mail 1f you have difficulty receiving this transmission, (612� 335-3837 please cail one of our fax operators at the number indicated: (612) 34Q-8900 or call my assistant at: X (612) 340-8997 ibe inlormuGon con[eined !n tnis tacsimile messag�e may De priv�7eged and cortf'idendel It is intended on/y for the usa c{ the indiv;dva! or an6ly to whom rt;s sent !f the reclplent of this transmiKallS nOt the intended recipieni, or an employee or agent responsib/e to delivar;f to thA in�ended recip;ent any ��issemina6on, distribution or copying of lhis comm�nica6Dn is stricNy prohibited. If you have received this communication in error, please immediately ,�otify us by telephone, and retum Phe oriyina/ message to us aE fhe above address via tl►e U. S. Postal Service. 1012233-1 �- JUL-14-2063 12�55 RIDER BENNETT 612s�!@?90� P.02i05 �� A lam�ted 4aiuDtY �+nnmh�p .i33 Sauth Scvmth ScrrtK Suitc 2000 Minneypoliw �1N Si4Q2 hlephune • 612 • 340 • �3(%l hx � o l 2•.i44 • i 90� www.ridcrlaw.com ♦ RID� K $LNNETT Joseph G.Sedarsid (612)340-8997 jgsedarski(u;riderlaw.com luly 14, 2003 VIA FACSIlVIILE AND U.S. MAYX. Mr. Paul Solin Planning Coordinator 6431 University Aveaue N.E. Fridley, MN 55432 Facsimile No. 763-571-1287 Re: Special Use Permit #73-07 Central Auto Parts, Fridley, MN Ou.r File No.: 12298/030289 Dear Mr. Bolin: Gerald Haluptzok, owner and operator of Central Auto Parts, located at 1201 73 %: Avenue N�.E. in Fridley, engaged ouT firm to assist him with compliance matters concerning renewal of the Special Use Peimit ("SUP #73-07'� which the City Council qf Fridley will censider at the p�blic hearing l�st�n�'uy, July 1�, 2033. We appr�ciate the City Ct�uncil's attention and consideration of this matter, as well as the Fridley Planning Division's cooperation with compliance matters related to Central Auto Parts. We look forward to addressing these matters at the upcoming public hearing. Mr. Haluptzok is committed to operating his business in compliance with a11 applicable local, county, and state rules and regulations. He is willing to fully caoperate with the City of Fridley and assure that his business will comply with all applicable rules and regulations. Mr. Haluptzok aclrnowledges there have been past incXdents when he was not in compliance. However, he has done everything required to come into compliance in the past. Most importantly, note that he specifically desires to assure the City he wiIl remain in compliance in the future. iiis relationship with the City is important and he wishes to continue to be a responsible business owner and operator, as well as an emplayer in the community. We also appreciate this opportunity to provide you v�rith the following information prior to the public hearing. This letter outlines compliance matters of immediate concexn to the �ridley Planning D�ivision. This letter also provides additional information regazding further assuranees that Mr. Haluptzok would like to discuss with the City Council during the public hearing to secure the Special Use Permit, which will allow him to continue to operate Central Auto Parts. io�o�as-i .JUL-14-2003 .12�$5, RIDER BENNETT 6123407900 ' P.03/05 RIDER BENNETT, LLP Mr. Paul Bolin July 14, 2003 Page 2 ; Mr. Haluptzok has mainly addressed each of the Fridley Planning Divisions concems regardin� stipulations in SUP #73-07, which are indicated it's June 6, 2003, memorandum to Mr. William ! Burns, City Manager. Over the past several weeks, Mr, Haluptzok has proaessed approxzmately 300 salvage vehicles. At this time, approximately 100 salvage vehi.cles stored in the yard contains fluids which have not yet been drained. These remaining vehicles will be processed by the end of this week. The reason so many were stored prior to processing was due to an unusually high number of salvage vehicles delivered to the yazd over a relatively s�hort amount of time. Mr. Haluptzok will now only accept the number of vehicles he can process within a week, and he selectively chooses which vehicles to accept, thus eliminating the need to store unprocessed vehicles in the yazd for significant amounts of time. In summary: ■ No salvage vehicles are stored outside the fence at Central Auto Parts, and no salvage vehicles are stored in the customer/employee parking lot at the facility; ■ No crushed or uncrushed salvage vehicles are stored higb,er than the fence within the fenced area at the facility; ■ Approximately 300 of 400 uncrushed salvage vehicles (that previously contained fluids) have been drained of all fluids and other hazardous materials have been removed from these same salvage vehicles. By the end of the week, all salvage vehicles will be processed; ■ Spent lead-acid batteries aze, and will continue to be, remo�ved from salvage vehicles as the salvage vehicles aze brought into the facility. The batteries aze tested to determine if they are in good condition for resale or, if not, they are recycled. Resale batteries are cleaned up and stored indoors until they are sold. Recycled batteries are placed in a special container indoors unril they are picked up for off-site disposal; _ Documentation for disposal of used oil, spent lead-acid batteties, Freon, petroleum (dieseI and gasoline), antifreeze, used solvent, and radiator boil tank sludge is maintained by Central Auto Parts and has been made available for inspection by Anoka Cflunty Community Health and Environmental Serrrices Department personnel. Th�se documents are also available to other applicable regulatory agencies. Mr. Haluptzok has discussed with Anoka County submission of waste maruifest documentatiozt to the proper parties. We have d�termined that Mr. T�ialuptzok is required ta submit manifests to the �i�nnepin County, via the Metro Manifest and Collection Posta.l Drop ("MMCpD"), wh�ich is a recent chan�e (the Minnesota Pollution Control Agency used to be the regulatory agency that maintained the hazardous waste management database and distriburion). 1030756-1 �p .[\ RtDER BBNN[TT JU�-14-2003 12�55 RIDER BENNETT 612�4a?90� P.04i05 - Y21DER BENNETT� LLP Mr. Paul Bolin July 14, 2003 Page 3 Reporting forms with the proper address aze given to Mr. Haluptzok by Anoka County. Mr. Haluptzok uses these forms in reporting his hazardous waste. The MMCPD tr.en enters this information in their database and forwards a copy to Anoka County. According to Anoka County, Mr. Haluptzok is complying with these requirements since it was not indicated in their last inspection. If there aze any other reporting requirements that need to be addressed at this time, Mr. Haluptzok will cooperate as needed. We understand that the City Council has three options th.ey may consider regardin.g SUP #73-07: (1) issue the SUP #73-07 as is, with existing sripulations (i.e., no changes to SUP #73- 0'�; (2) issue the SUP #73-07 with new or different stipuIadons or assurances &om Mr. Haluptzok; or, (3) not issue the SUP. We understand from N1r. Scott Hickok, Communit� Development Director, Fridley Planning Division, that Planning Division staff will recommend to the City Council ra-issuance of SUP #73-07 to Mr. Haluptzok, with existing and additional stipuladons. We respect;fully request the City Council to re-issue SUP #73-07 with mod.ified stipulations and/or assurances that are agreeable to the City and Mr. Haluptzok. Besides being committed to complying with exisdng applicable stipulations, we are willing to discuss the Fridiey Planning Division modifications to the existing stipulations and/or other assurances during the City Council's public hearing on 7uly 14, 2003. Related to this, lv�r. �ialuptzok proposes to provide the City Planming Division periodic reports or other c�mmunication conce�ming his operations and actions he will be taking to re�nain in compliance with the SUP. He also proposes to communicate with the City Planning Division regazding wmpliance matters with his business that involve the Anoka County Community Health and Envirozunental Services Aepartment, the Minnesota Pollution Con�ral Agency, and other environmental rewlatory entities he interacts with as it relates to Central Auto Parts operations. His goal is to provide the City information it needs to verify that Central Auto Parts is maintaining compliance with City requirements, as well as other regulatory requirements. We have also assisted Mr. Haluptzok with ideas on haw to improve his business pracrices that would exceed minimum compliance with environmental regulations. For example, the Anoka County Communifiy Health and En�vironmental Services Depaztrnerrt issues and enforces Mr. Haluptzok's hazardous waste generator license, and has an annual fee of �5,000. Anaka County will deduct a certain amount of the license fee if the regulated entity implements Best Management Practices ("BMPs"), provides annual solid and hazardous wastes recycling reports, and has been in full compliance with Anoka County requirements for the previous year. The ded.ucted fees could then be used to fiu�ther improve the site and provide addirional incentive to �o�mg�-i AtDER $YNNSTT _JUL-14-2003 :12�56, RIDER BENNETT 6123407900 � P.05i05 RIDER BENNET?, LLP Mr. Paul Bolin July 14, 2003 Page 4 enhance environmental compliance. Mr. Haluptzok intends to pursue the benefits af this program. Mr. Haluptzok has also reviewed other environmental permits he maintains to operate his business, and is exploring improvements to compliance matters, such as training, reporting, recordkeeping, labeling, etc. Mr. T�alupizok recendy obtai.ned a NlPCA video training tape concerning waste management and recycling, and reviewed it with his employees. Mr. Haluptzok has also obtained specific compliance information concerning salvage facilities (e.g., the "Motor Vehicle Salvage Facility Environmental Compliance Manual" prepared by the MPCA and reviseti June 2402). Mr. Haluptzok will contact an environmental consultant, which may help him with pteparation of future environmental compliance plans and on-going permitting. We wish to reitente Mr. Haluptzok's strong cominitrnent to be in, and maintain, compliance with City of Fridley and other applicable regulatory requirements, and to be a fliligent and responsible manager of recycled wastes associated with this business an.d environmental steward fo� the community. 1'lease call me if you wish to discuss the cantent of this letter. We sincerely appreciate your time and consideration in these matters. Very truly yours, RIDER BE.NNETT, LLP � �T.W/,l&� cc: Scott Hickok Jerry Haluptzok James R, Walston, Esq. 1Ot0786-1 � ��---� Joseph G. R�DLA BBNNETT TOTAL P.05 Central Auto Parts Special Use Permit July 8, 2003 Paae 2 3. All junk cars and car parts be completely cleared from lot south of 73 `/z. 4. That all debris, cars, and parts be kept inside fence on the north location. 5. That it be understood that the lot north of 73 '/2 cannot be expanded beyond its present boundaries. All items were to be accomplished by December l, 1972. _. > On February 1�, 1973, a buildin� permit is requested to construct a metal building. On June 23, 1973, staff contacted the owners of the Central Auto Parts site to alert them that junk vehicles must be stored within the confines of a solid board-screening fence and that no vehicles can be dismantled outside the fence or on the public right-of-way. A response letter from an attorney for the property owner thanked staff for their letter, indicated Mr. Buzick had been out of town and that, "We have since had a meeting with all our employees and have instructed them that under no circumstances is this to happen again. " On July 20, 1973, a building permit is requested to construct a 70' x 134' metal building. The building permit request was to appear on the next Building Standards - Design Control Subcommittee (City of Fridley) Agenda. At the July 26, 1973, Building Standards - Design Control Subcommittee, Mr. Buzick stated, "this was a new concept in salvage yard design, where the car would be torn down, parts would be stored in the warehouse and the remaining unusec� vehicle would be hauled away.. He said with this rype of operation it would make a salvage yard more functional and less expensive to operate. He said the dimensions of the building he is proposing would be 13�' x 70'; in which a major portion of the building would be used fvr warehoarsing and storage of parts ". The committee also Mr. Tonco (of the Subcommittee) said that the parking lot should go in at the time of construction. Mr. Buzick expressed concern because 73 %2 was a dirt road at the time and he indicated that the sandy soil on his site would cause "break-off' problems. A timetable was to be worked out with City staff as a result of that consideration. In August 1973, a rezoning and special use permit were considered by the City Council to allow Junk yards or the baling of junk or Rags in a building enclosed on all sides or when completely enclosed in a solid fence. The City Engineer stated that the improvement of the property has begun and plans have been presented. Mr. Buzick from Central Auto Parts was present and the City Engineer recommended approval of the request with the following stipulations: 1. Building will be metal with brick veneer. 2. Time table for improvements should be submitted by the applicant and improvements to the property were to be within one year after the street was improved. 3. Drainage problem will be taken care o£ 4. The fence shall be improved by being painted and uniform in size. 5. No cars should be piled higher than the fence. 6. No cars will be outside the fence. 35 Central Auto Parts Special Use Permit July 8, 2003 Page 3 7. Licensin� will be needed and the applicant to meet requirements of license procedure. Councilmember Breider emphasized that it is very necessary that nothing be outside the fence and that the site be kept neat and clean. Council approved the requests. On October 4, 1973, (after assurance from Thomas Flaherty, Mr. Buzick's attorney that they would allow no reoccurring violations of this type) John Buzick was notified of a violation by parking of dismantled, non-operating, wrecked, junked, or discarded vehicles in violation of Code Section 39.04. On August 19 1974, certified letter of the same violations notified Mr. Buzick. Throughout the years to follow violations occuned and staff has had to deal with the same violations. In 1979, the City was extremely frustrated with the on-going non-compliance and indicated that they would post the street "No Parking" as a result. In 1981, Mr. Buzick's license was not going to be renewed without 11 stipulations being met. These items ranged from providing hard surfaced driveways accessing yard at 73 %2 Avenue, to providing curbing along perimeter of west parking azea, to planting additional landscaping, maintaining landscaping, maintaining fence, to providing a drainage plan, and bringing property at 1136 731/2 Avenue into compliance with Chapter 205 (during the year 1982). An analysis of soil conditions was completed in 1982. In the conclusions of the report, it stated that a stilling basin should be constructed in the southwestern region of the property to handle any surface run-off on this site. Also, provisions should be made to protect this site from surface run-off contributed by the properties to the east. The property owner piped his run-off from east to west along the northern portion of his site, dumping the water onto the undeveloped property to the east. In December 1982, Central Auto Parts, John Buzick, sought a new special use permit for additional land he would purchase adjacent to his existing operation. The Special Use Permit was approved with 7 stipulations. 1. Special Use Permit granted to the business for 3 years. 2. Driveways or limited access be authorized onto 73`d Avenue. 3. Solid screening fence be placed completely around property. 4. Additional landscaping be placed along the screenina fence on 73`d and 73 %2 Ave (work with staf fl. y 36 Central Auto Parts Special Use Permit July 8, 2003 Page 4 �. Concrete drivew-ays extendinQ a minimum of 10 feet beyond the screening fence into property from the street. v 6. A surface drainage plan be developed to ensure protection of Norton Creek of pollution and contamination. 7. At the time of construction, consider underground sprinkling, driveways, and parking to comply �vith our Zoning Code requirements. vlay 1983, Stipulations of SP 82-11 were not met. June 1983, Thomas Flaherty sent a letter with timelines for completion of the requirements of SP82-1 l. In his letter he indicated many items could not be completed until 1984. He also indicated that they did not have any intentions of constructing anything then, or in the future (assumed referring to stipulations for hard-surface parking and imgation to be considered at time of construction). The 1986 Licensure renewal showed problems with compliance. Cars were repeatedly piled too high, etc. During this year, a soil contamination test was also required and completed. Public Works Director, John Flora, indicated that the tests should show no soil contamination in the area of the borings. In 1986, City Engineering Staff would require that a weir at 1136 73 %z be "fixed" prior to Central's license being renewed. Subsequent years show problems with compliance. Questions are raised nearly every time review if licensure occurs. In 1997, City Staff (including the Fire Hazmat team), the County Health Department, and the MPCA are called to this site due to a release of potentially hazardous fluids onto 73rd Street. Hazmat absorbent pads are used to try and contain fluid prior to entering Norton Creek. County Health Officials and the MPCA were to coordinate on resolution. In 1999, the City contemplated redevelopment of the salvage yards north of 73`d. Early discussions with the owners ensued; however, no offers were made. Analysis continued into and throughout 2000. By early 2001, it appeared that there might be enough tax increment in the district to make a project work. By the end of the 2001 legislative session, it was clear that we would be losing 40% of the ta�c increment to be generated in that district. The loss of the tax increment earnings also meant the loss of the redevelopment project as a priority. One year ago, staff inet with Mr. Buzick, the property owner of 1201 73 %2 Avenue, and the tenant, Gerald Haluptzok, Central Auto Parts, to discuss the on-going, non-compliant issues �vith the above referenced property that needed to be conected by August l, 2002, 37 Central Auto Parts Special Use Permit July 8, 2003 Page 5 and that were to remain in compliance throughout the year. Non-compliance of the stipulations set forth would result in the review, by City Council, of the special use permit needed to operate a salvage yard in the City of Fridley. Periodically, throughout 2002, inspections were conducted, only to find the property in violation of the same issues discussed in the previous meeting. The meeting proved to be fruitless. Review of County inspection reports reveal repeated serious offenses with each inspection. Some offenses appear to be ongoing and requirements ignored, including: improper storage of lead batteries, open unlabeled drums of fluid, vehicles stored with hazardous waste on unimproved surfaces... During the process of reviewing Central Auto Parts' 2003 application for renewal of the junkyard license, another inspection revealed a continued failure to comply with stipulations. 1973 Stipulations not being met include the following: l. No storage of junk vehicles in the customer parking lot. The parking lot has remained full of junk vehicles. There is no room in the parking lot for customer parking. 2. All junk vehicles must be screened from the public right-of-way, stored behind the fence and not stacked above the fence line. 3. Make all improvements toward the Anoka County Hazardous Waste Report. There has been continued failure to remove fluids from vehicles prior to storage, spent lead-acid batteries are not being stored appropriately. 4. Copies of the hazardous waste manifest are not being submitted to the Metro Manifest and Collection Postal Drop. There are also several 1982 stipulations not being met, including: 5. Solid screening fence be placed completely around property 6. Additional landscaping be placed along the screening fence on 73`d and 73 %2 Ave (work with staf�. 7. Concrete driveways extending a minimum of 10 feet beyond the screening fence into property from the street. 8. A surface drainage plan be developed to ensure protection of Norton Creek of pollution and contamination. 9. At the time of construction, consider underground sprinkling, driveways, and parking to comply with our Zoning Code requirements. Conclusion: Staff scheduled the item for Council review and potential revocation of the special use permit due to the site's history of non-compliance. At this time, staff recommends that K : Central Auto Parts Special Use Permit July 8, 2003 Page 6 the stipulations of both special use permits be combined and that the property owners be required to meet all standards �vithin a 12 —month time frame. At the end of this 12 — month period, if all stipulations are not strictly adhered, staff recommends revocation of the special use permit at that time. PLANNING STAFF RECOMMENDATION At this time staff recommends that the stipulations of both special use permits be combined and that the property owners be required to meet all standards within a 12 —month time frame. At the end of this 12 — month period, if all stipulations are not strictly adhered, sta.ff recommends revocation of the special use permit at that time. Compliance will require a hard-surfaced parking/storage azea over entire area where cars are intended to be parked, stored, piled etc. An approved grading, drainage, and hard surface curb and gutter plan shall be submitted and approved, prior to installation of surface. All surface installation shall be completed by 7-31-2004, or the special use permit for this site shall be revoked. Combined 1973 and 1982 Stipulations are as follows: 1. Building �vill be metal with brick veneer. 2. Timetable for improvements should be submitted by the applicant and improvements to the property �vere to be within one year after the street was improved. 3. Drainage problem will be taken care of. 4. No cars should be piled higher than the fence. 5. No cars (except employee and customer cars in operational condition parking in the areas to be stripped and designated as employee/customer parking) will be outside the fence. 6. Driveways or limited access be authorized onto 73�Avenue. 7. Solid screening fence be placed completely around property (and maintained in excellent condition). 8. Additional landscaping be placed along the screening fence on 73 '/z Ave (work with staffl. C a�.rs;d.�� 9. Concrete driveways extending a minimum of 10 feet beyond the screening fence into property from the street. 10. A surface drainage plan be developed (and approved by staffl to ensure protection of Norton Creek of pollution and contamination. 11. At the time of construction, consider underground sprinkling, driveways, and parking to comply with our Zoning Code requirements.* 12. Licensing will be needed and the applicant to meet requirements of license procedure 39 Central Auto Parts Special Use Permit July 8, 2003 Page 7 *Note, in the SP82-11 language of stipulation #9 (new 14) it states, "At the time of construction, consider underground sprinkling, driveways, and parking to comply with our zoning requirements". This language is structured as if those requirements were only if future construction occurred. This is not so, hard-surface parking was required in the 1971 amendments to Fridley's Zoning Code. Therefore, the entire area where cars are kept must be hard surfaced and an appropriate storm water plan must be submitted relative to this added hard surface. Staff was not authorized to make hard-surface parking an"if' statement. The 1971 ordinance required hard surface, and it should have been installed. Hazd surface will be a requirement for compliance within the recommended 12-month timeframe, as will a new curbing, landscape, and irrigation plan for the perimeter of this site. . � � � C1Tlf OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2003 William W. Burns, Ciry Manager�� Jon H.�H� ukaas, Public Works Director Layne Otteson, Assistant Public Works Director June 24, 2003 Public Hearing on Alley Paving Project No. ST. 2003 - 3 PW03-064 This project paves the last gravel surfaced alleys in the City. Assessments will cover 100% of the cost for this project. Assessments are being evaluated by two methods: equal cost to each properry involved or divided as a price per foot for the width of each lot abutting the alley. The public hearing for the Alley Paving Project No. ST. 2003 - 3 was set by the Ciry Council at their June 9, 2003 meeting for June 23, 2003 and continued to the July 14, 2003 meeting. LO/JHH:cz .� 41 / � CRY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2003 William W. Burns, City Manager�� y Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director June 24, 2003 Resolution Ordering Final Plans for Alley Paving Project No. ST 2003 - 3 PW03-065 The attached resolution officially orders the creation of final plans and specifications for the Alley Paving Project No. ST 2003 - 3. Recommend the City Council adopt the attached resolution ordering the final plans and specifications for the Alley Paving Project No. ST 2003 - 3. LO/JHI�:cz Attachment 42 , .. RESOLUTZON NO. - 2003 A RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTI�ATES OF COSTS THEREOF: ALLEY PAVING PROJECT N0. ST. 2003 - 3 WHEREAS, Resolution No. 25 - 2003 ordered the preliminary plans, specifications and estimates of the costs thereof for the ix�provements in this project, and WHEREAS, Resolution No. 26 - 2003 receiving the preliminary report and called for a public hearing on the matter of the construction of certain improvements for this project, and WHEREAS, a public hearing was held on June 23, 2003 and continued to July 14, 2003 regarding this project, and WHEREAS, the City Council has determined a need to reconstruct the streets to maintain them in a safe condition and at a reasonable cost. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution 25 -2002 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Alley improvements including grading, stabilized base and hot-mix bituminous mat. 2. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 3. That the Director of Public Works, Jon H. Haukaas, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications and estimates of costs thereof for the making of such improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF JULY, 2003. � Attested: DEBRA A. SKOGEN - CITY CLERK 43 SCOTT J. LUND - MAYOR / � UTY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JULY 14, 2003 William W. Burns, City Manager �� .� Jon . aukaas, Public Works Director Layne Otteson, Assistant Public Works Director June 24, 2003 Resolution Receiving Final Plans for Alley Paving Project No. ST. 2003 - 3 I�►i�L1I� 1. � The attached resolution officially receives the final plans and specifications for the Alley Paving Project No. ST. 2003 - 3. Recommend the City Council adopt the attached resolution receiving the final plans and specifications for the Alley Paving Project No. ST. 2003 - 3. LO;JHI-�:cz Attachment . . _. _I _I .= � �� RESOLUTION NO. - 2003 RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTES BE OBTAINED: ALLEY PAVING PROJECT NO. ST. 2003 - 3 WHEREAS, Resolution No. 25 - 2003 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No. 26 - 2003 received the preliminary engineering report and set a public hearing for the improvements in this project, and WHEREAS, a public hearing was held on June 23, 2003 and continued to July 14, 2003 regarding this project, and WHEREAS, Resolution No. - 2003 ordered final plans and estimates of costs for this project. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: l. That the following improvements proposed by Council Resolution No. 25 - 2003 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Al1ey improvements including grading, stabilized base and hot-mix bituminous mat, and other facilities located as follows: Between Arthur St and Anoka St from Mississippi St to 66th Ave Between 62"d Way and 62 '� Way from East River Road to Ashton Ave Between 62 '� Way and 63=� Way from East River Road to Ashton Ave That the work involved in said improvements as listed above shall hereafter be designed as: ALLEY PAVING PROJECT NO. ST. 2003 - 3 2. The plans and specifications prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby approved and shall be filed with City Clerk. 45 Resolution No. - 2003 Page 2 The Director of Public Wortis shall obtain quotes from contractors for this work and present the lowest responsible contractor's quote to the City Council for award. The estimated project costs are well below 550,000.00. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS -I 14TH DAY OF JULY 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR . � � r � C(TY OF FRIDIEY TO: FROM: DATE: SUBJECT AGENDA ITEM C1TY COUNCIL MEETING OF JULY 14, 2003 William W. Burns, City Manager �� Jon H. Haukaas, Public Works Director July 10, 2003 Change Order No. 1 to Hickory Street Watermain Project Adding Alley Paving Project No. ST. 2003 - 3 PW03-070 We have received three quotations from contractors to perform the work associated with the Alley Paving Project No. ST. 2003 - 3. The quotes ranged from $37,213.50 to $68,287.40. The Engineer's estimate for the project was $41,478.80. The lowest quotation was from Midwest Asphalt Corporation which is cunently under contract with the City of Fridley to construct the Hickory Street Watermain Replacement Project No. 350. Recommend the City Council approve Change Order No. 1 to the Hickory Street Watermain Project adding the cost to perform the work under Project No. ST. 2003 - 3 Alley Paving to the contract in the amount of $37,213.50. JHI3:cz � � � 47 / � CRY OF PRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF July 14, 2003 Date: July 8, 2003 � To: William Burns, City �Ianager �� From: Subject: Jon Haukaas, Public �Vorks Director Julie Jones, Environmental Planner Springbrook Watershed Implementation Project Engineering Services Contract II Background Over the past year, the Springbrook �i atershed Project Advisory Committee has been searching for a preliminary storm water management design that will help reduce storm water flows into the Springbrook Nature Center's east inlet. On June 26, the Advisory Committee approved a proposal from WSB and Associates, Inc. to prepare final designs for expansion of the existing storm water pond in the southeast comer of 85"' and University Avenues. This pond is located in MnDOT right of way, and staff has received preliminary indications that MnDOT will accept this pond design, but final plans and a maintenance agreement must be prepared before MnDOT will give official approval. WSB has agreed to complete the engineering tasks necessary to get the Committee to the construction phase of the project for a fee of $28,500. WSB's proposed fees are slightly over the project budgeted amount set aside for design. However, we can adjust the amount spent on construction to stay within the design/construction portion of the budget. We have also remained significantly under budget in other areas of the project to date. The cost of this design work will primarily be paid for with MPCA Clean Water Partnership grant funds, however, each contributing city in this project will also be providing matching cash and inkind funding. Fridley's 2003 cash contribution to the project is set to be $8,609.33. Once the final design plans are complete, the plans will be reviewed by the Project Advisory Committee. The design plans will also be forwarded to the Blaine and Spring Lake Park City Councils for review before soliciting bids on the construction work. Fall construction is planned to avoid the holiday shopping season at Northtown Mall. Although the Springbrook Watershed Project Advisory Committee has approved WSB's proposal, the contract for services is made between the City of Fridley and WSB, since Fridley is the lead agency in this project with all finances being managed by Fridley. Recommendation Staff recommends that the City Council approve the attached agreement, dated July 3, 2003, with WSB & Associates, Inc. for engineering services related to the Springbrook Watershed Phase II Implementation Project, authorizing the City Manager to execute the agreement. . • ti�'SB & aSSOCIaTES, I`C. PROFESSIO� aL SER`"ICES .�GREE`IE`T _, � This A�:e�ment is made as of the j� day of �:, 1� , 20�,, b�� and betwe� the City of Fridley, hereinafter reizrred to as City, and `�'SB &.-�ssociates, Inc.. hereinafter ref�rred to as En,ineer, with offices located at �I�O Olson �iemorial Hiah�vay, Suite 300, �finneapolis, Lfinnesota >j-�22. ��'itnesseth, that the Citv and Eneineer, for the consideration herein named, a�ee as follows: SECTiON 1/ GENERAL CONTRACT PROVISIONS SECTION 51 EXHIBITS These provisions shall be as set forth in Exhibit A. The foilowing initialed Exhibits are attacned to and made a part of this Agreement: SECTION 2/ SCOPE OF WORK The scope of work to be performed by Engineer is set x Exhibit A- Generai Contract Provisions forth in Exhibit C. The work and services to be x Exhibit B- Definitions performed hereunder and described in Exhibit A shail x Exhibit C- Scope of Work be referred to herein and in the General Contract x Exhibit D- Compensation Provisions as the Project. x Exhibit E- Insurance Schedule x Exhibit F- Fee Schedule SECTION 3 / COMPENSATION Compensation to Engineer for services described in this agreement shall be as designated in the attached Exhibit D and as hereinafter described. SECTION 4 / WORK SCHEDULE The anticipated schedule is set forth in Exhibit C CITY OF FRIDLEY 6431 UNIVERSITY AVENUE, NE FRIDIEY. MINNESOTA 55432 BY: SIGNATURE: TITLE: BY: 51GNATURE: TITLE: DAT�: SECTION 6/ ACCEPTANCE OF AGREEMENT All work and services described in this agreement shall be performed by the Engineer only after receiving prior written approval by the City on a project-by-project basis. The undersigned hereby accept the terms and conditions of this agreement and Engineer is hereby authorized to perform the services described herein. WSB & ASSOCIATES, INC. 4150 OLSON MEMORIAL HIGHWAY SU�TE 300 MINNEAPOLIS, MINNESOTA 55422 BY: Gt/ f2il-9 SIGNATURE: � !� %�r TITLE: Vice President aY: 1 rtiG� v v� SIGNATURE: TITLE: �ce President � DAT�: %�,3/�`.3 Professional Services Agreement pa9�� F:\W PNi IM14e9-011PSA.DOC EXHIBIT A WSB & ASSOCIATES, INC. GENERAL CONTRACT PROVISIONS Ar�'!C�c , - GcNE=,�L -hese gereral cortr3ct previsions are incoror3teC in artd become a part oF che Hyreement :c which it is aCached betweer. WSB 3 Rssociates. Inc., hereinafter referred te as Engineer, and the cther party to the Agreement. City oF =ndley, hereinaP.er referred to as City, wnerein the City engages ;he cngineer to provide c�rtain services, more particularly described in Exhibit C, Scope of Work. Either parry may be hereinaker referred :o as party or, cotlectivel�, parties. The starting date for a project will commence when authorized by the Ciry. ARTICI.c 2 - CHANGc^u CONDITIONS If ;he Engineer determines that any services it has been directed er reGuested to perform are beyond the scope as se! forth in Exhibit B or that, due to changed conditions or changes in the method or manner of administra6on of the Project, the Engineer's effort required to perform its services under this Agreement exceeds the estimate which fortned the basis forthe Engineer's compensation, Engineer shall promptly noGfy the City oF that fact. Additionai work and additional compensaGon for such work, and the extension of Gme for completion thereof, shall be set forth in a supplemental agreement entered into by the parties prior to proceeding with any additionai work or related expenditures. Such supplemental agreement shall be incorporated in and become a part of this Agreement. In absence of saiC suppiementai agreement, amounts of compensation and time for completion shall be equitably adjusted. ARTICLE 3 - TERMINATION This Agreement may be terminated by either party upon thirty days' written notice without cause. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files (CA00), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Engineer pursuant to this Agreement and pertaining to the work or to the Project. (hereinafter "Instruments of Service"), shali be made available to the Ciry pursuant to Article 4. All provisions of this Agreement allocaGng responsibility or liability between the City and Engineer shali survive the compietion of the services hereunder andlor the termination of this Agreement. ARTICLE 4- REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE During the course of the work, the Engineer shall make available to the City copies of the Instruments of Service. At the time of comple6on or termination of the work, the Engineer shall make availabie to the City the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred as allowed in this Agreement to the date and time of termination, and (ii) fulfillment of the City's obligaGon under this Agreement. Upon payment, the Engineer and City will joindy own said InsUuments of Service. Anyuse or re-use of such Instruments of Service by the City or others without written verification or adaption by the Engineer except for the specific purpose intended will be at the City's risk and full legal responsibility. The City agrees, to the fullest extent permitted by law, to indemnify and hold the Engineer harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the City or any person or entity that acquires or obtains the reports, plans and specifications from or through the City without the written authorization of the Engineer. Under no circumstances shall transfer of Instruments of Service be ceemeG a sale by _ngineer, anc �ngireer makes no •xarranties, either expr�ssed �r implied. �^,erC^artabiliCl a^d fitr,ess for any particular aur�cse. ,�RTiCL� 5 - AGRE��ti1ENT �s used herein Agreement means: ( t j The agreement for engineerin5, surveying and pianning services; (2) Tnese general contract provisions; (3) Tne attached exhibits: and (d) The supplemental agreemert, where appiicabie. As te superseding effect, che attached exhibits shall govem over these general provisions, and the supplemental agreement, where applicabie, shall govem over actached exhibits and these general provisions. The Agreement constitutes the entire understanding between the Engineer and City. The Agreement supersedes atl prior written or oral understanding and may only be amended, suppiemented, modified or canceled by a duly executed written instrument. ARTICLE 6 - RESPONSIBILITIES A. In order to permit the Engineer to perform the services reGuired under this Agreement, the City shall, in proper time and sequence and where appropriate to the Project, a[ no expense to the Engineer: 1. Provide available information as to its reGuirements for the Project. 2. Provide access and make (if specified) all provisions for the Engineer to enter upon public and private lands to enable the Engineer to perForm its work under this Agreement. 3. Provide such legal, accounting and insurance counseling services as may be required for this Project, (such as review of insurance certificates, bonding clarificaGons and legal questions regardi�g property acquisition or assessment). 4. Notify the Engineer whenever the City observes or otherwise becomes aware of any defect in the Project 5. The City Manager or a person or persons designated, shail act as City's representative with respeci to the services to be rendered under this AgreemenL The CitYs representative shati have the authority to transmit and receive insWctions and information and to interpret and define the City's policies with respect to services rende�ed by the Engineer. 6. Furnish data (and professional interpretaGons thereo� prepared by or services performed by others, inciuding where applicable, but not limited to, previous reports, core borings, probings and sub-sur�ace expiorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materiafs and equipment; appropriate professional interpretaGons of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utiliry surveys; property description; zoning, deed and other land use restrictions; and other special data not itemized in Exhibit B. 7. Review all reports, sketches, drawings, specificaGons and other documents prepared and prese�ted by the Engineer, obtain advice of legal, accounting and insurance counselors or others as City deems necessary for such examinations and render in wri!ing decisions pertaining thereto within reasonable times so as not to delay ihe performance by the Engineer of the services to be rendered pursuant to thisAgreement. Exhibit A Page� 3i�3 F:�WPWIMt4a9.OriEXH-A.DOC 3. 'Nhere appropriate, endeavor :o identiFj, r�move and/cr encapsulate asbestos products or materiais or pollutants located in the project aroa prior ,c accomciisnment by ;he �ngineer of any wcrk on the ?roiect. 10. ��`/here availaGle �rovide other services, ma!enals. or �a:a as Tay �e set for,h in �xhibits 3. it. ?ear all costs incidental [o compliar.ce wikh he -equiroments of ,';is articte. ' Z. ?rovide :he !oregoing in a manner su�cier"y timely so as rot to deiay the percrmance by the _rgineer oi rte services in accnrdanCe with ;he �o�trect Cocuments. 3. �ngineer shall be entitled to rely on the accuracy ard completeness of information or servicss fumisned by the City or others ampioyed by the City. Engireer shail enCeavor to veny !he irfcrmaticr provided and shall promptly nctiP� ihe City if �e cngineer discovers that any information or setiicss fumished by the �ity is in error or is inadeGuate for its purpose. ARTIC�c 7- OPINIGNS OF COST Opinion, if any, of probable cost, constructio� �ast, financial avaluations, feasibility studies, economic analyses of aitemate soiutions and utilitarian considerations of operations ar.d maintenance costs provided for are made or to be made on the basis of the Engineers experience and qualifications and represent the Engineets best judgement as an experienced and qualified professional design firm. The paRies acknowledge, however, that the Engineer does not have control over che cost of labor, material, equipment or services fumished by others or over market conditions or contractors methods of determining their prices, ard any evaluation of any facility to `�e construcied or acquired, or work of necessity must be speculative untii completion of construction or acquisiGon. Accordingly, the Engineer does not guarantee that proposals. biCs or actual costs will not vary from opinions, evaluations or studies submitted by the Engineer. ARTICLE 8 - INSURANCE �ngineer has procured insurance in the types and amounts set forth in exhibit D. ARTICLE 9 - ASSIGNMENT This Agreement, intended to secure the service of individuals employed by and through the Engineer, shall not be assigned or transferred without written consent of the City. ARTICLE 10 - CONTRO�LING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 11 - NON-DISCRIMINATION Engineer will comply with the provisions of applicable Federat, State and Local Statutes, Ordinances, and RegulaGons pertaining to human rights and non-discrimination. ARTICLE 12 - CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the compleGon of the projec2, the Ciry and Engineer agree that alI disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree othervvise. The City and Engineer further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to reGuire all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution behveen the parties to those agreemer,�s. ARTICLE 13 - ATTORNEYS' FEES In the event of any litigation arising from or related to the services provided under this Agreement, the prevailing party 9. °revide record drawings and specifica;ians (if available) for all axis.ing rhysical �lants cf iaclit;es Nnich are per'Jnentto :`�e Frojec:. Niil �e ancitled i„ �ecoveri �f ail reascr.acie cos.s incurred. inc;ucing c�ur coscs, reasorab�e a*crne,;s' Fees and ocher r=iated out-o�-;�ocxet �xpenses. .�RTiC�� t» - C��NF!DEtiTIAU-`! ?��e cngine=r agrees to keec confiQentia� and nct to disdcse!o ar� per;on or er:ity, cther thar tha Eagireer's employees, subconsu(tar,ts arc ,he general contrac.Cf 3�C subcont2C.ors, if acpropriate, ary Gata and information net previously known !o anC generated by the Engineer or fum�sned to ;he Engineer and not a matter of aubiic recor,�+.. � hese provisions shail not apply to information in whatever form !hat �omes into the public domain, nor shail it resirict the Engineer from giving notices reGuired by law or complying with an order to provide informaticn or data wnen sucn order is issued by a;auR, administrative agency or other authonty with properjurisdiction, or if it is reasonably necessary for the �ngineer to defend himself or herself from any suit or claim. AR i ICIE 15 - LOCATION OF UNDERGrZOUND I(vIPROVEMENTS The Engineer and/or his or her authorized subconsultant wili conduct the research that in his or her professionai opinion is necessary and will prepare a pian indicaGng the locatians inte�ded for subsurface penetrations with respect to assumed locations of underground improvements. Such services by the Engir,eer or his or her subconsultant wiil be perfortned in a manner consistent with the ordinary standard of care. The City recognizes that the research may not iCentify all underground improvements and that the informaGon upon which the Engineer relies may contain errors or ma� not be completed. The Ciry agrees, to the fullest extent permitted by law, W waive all claims and causes of action aqainst the Engineer and anyone for whom the Engineer may be legally liable, for damages to underground improvements resulting from subsurface penetraGon locacions established by ihe Engineer, except that the City does not refease the Engineer, its principals, employees, agents and consultants from negligence whiCh causes damage to undergrr�und improvements resulting from subsurface penetration locations established by the Engineer. ARTICLE 16 - BETTERMENT If, due to the Engineer's errcr, any required item or component af the projecf is omitted from the Engineer's construction documents, the Engineer shall not be resporsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or othervvise adds value or betterment to the projecL In no event will the Engineer be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project. ARTICLE 17 - CONSTRUCTION OBSERVATION The Engineer shall visit the project at appropriate intervals during construction to become famifiar with the progress and Guality of the contractors' work and to determine if the work is proceeding in general accordance with the Contract Documents. The City has not retained the Engineer to make detailed inspections or to provide exhaustive or continuous project review and observation services. For City-observed projec:s, the Engineer shall accept tne constucticn of the project zs being completed according ±o the construction docum=nts upon a simifar justificatior by the City observer. The �ngineer does not guarar.tee the per`or,nance of, and shall have ro responsibility for, the acts or omissions of any contrzctor, subcontractor, supplier or any other entity fumishing ma:erials or per�orming any work on the project. Exhibit A Page�,� � 3 F:�WPWIN\7a-i9-01�EXH-A.pOC If the City desires more extensive project observation or full- time arcject representation, the City shali reGuest such services be orovided by 'he Engineer as Additional Services in accordance with he tertns of chis Agreement. In ttiis ins:ance. the cngineer shall accept !he constn:ction of !f^e �rojec; as 7eing �ompieted acc:�Cing to the constructien �ocumencs. �cwev_r, the �ng�reer dces not guarant=e the �erormance cf and s�ail have �o �es�cnsibiiity `or, the acs or �missicr.s of any centractor, subcontracter, supplier or any other entity iumisninq materials or perforriirg any work on che project. ARTICL= 18 - INDEti1NIFICATION The Engineer agrees, to the fullest extent permired by law, to indemnify and hoid the City harmless from any damage, liability or cost (including reasonable attomeys' fees and cos:s of defense) to the extent :auseC by the Engineer's r,egiigent acts, errors or omissions ir he performance of arofessional services under this Agreement and those of his or her subconsultants or anycr.e for whom :he =ngineer is legaily liable. The City agrees to !he fullest extent pertnitted by law, to indemnify and hold ;he Enqineer harmless from any damage, liability or cost (incluCing reasanable attorneys' fees and costs of defense) to the ex:ent caused by the Citys negligent acts, errors or omissions and those of his or her co�tractors, subcontractors or consultants or anyone for whom the City is Iegaily liable, and arising from the projed that is the subjed of this Agreement. The Engineer is not obligated to indemnify the City in any manner whatsoever fcr the Citys own negligence. Exhibit A Pag�d�3 R;WPWIMt449-0t�EXH-A.DOC EXHIBIT B WSB & ASSOCIATES, INC. DEFlNIT10NS B.1 "HOL 1-2L�' B.-�SI�" means that tne fee shall be determined bv multipl�in� the numbzr of hours o: �vork performed, times the pe:sonnel cost for the appropriate labor classification show-n cn thz fee schedule. B.2 "COtiSTRLCTION COST" means the amount of the const:uction contract awarded for the improvement project, plus the value of any equipment, materials or supplies furnished by the City for installation or use by the construction contractor, plus or minus any increases or decreases in the contract amount implemented by change order, supplemental a�eement or other instrument subsequent to award of the contract. Reductions in the contract amount subsequent to award will not be a basis for reducing the fee unless it can be demonstrated that as a result of this reduction in the contract amount, the work effort associated with completin� this project is reduced. If a construction contract is not awarded, the construction cost shall be considered to be the engineer's estimated cost for the construction of the improvement project, as prepared for the bid openinJ, unless the City believes the engineer's estimate is unreasonable, in which case, the Engineer and the City shall a�ree upon an alternate basis for determining the construction cost. Such alternate basis may include negotiation, development of an independent estimate by a third party, or other means. B.3 "EXPENSES" means out-of-pocket costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include long distance telephone charges, subconsultant fees, testin� costs, outside reproduction and printin� costs, equipment rental costs and similar costs. B.4 "LLJ�iP SLT�i PRICE" means an amount negotiated between the City and En� neer for performance of the services specified in the Design A�eement which is subject to adj ustment only if the Scope of Services changes or if circumstances beyond the control of the En;ineer causes an increase in the cost of performance of the services. B.5 "DESIGN AGREEMENT" means a written order executed by an authorized representative of the City describing the scope of services and engineering fee arrangement for an improvement project. - B.6 "L'�IPROVEMENT PROJECT" means public improvement projects authorized by the City and paid for with public funds. B.7 "DEDICATION PROJECT" means those proposed improvement projects to be constructed by private funding for eventual dedication to the public. B.8 "INSTRUNIENTS OF SERVICE" any plan, specification, or report prepared by the En�ineer. EXh Iblt $ Pag� � 1 F:IW PW IMCLIENTFRIDLMEXH-B.W PD E�IIBIT C «"SB � _-�SSOCL-�TES. L�C SCOPE OF �� ORI� GE�ERai. �COPE OE SER�iCES FOR THE FI`_ai. DESIG`..��-D PREPERaTIO� OF CO�STRC�CTIO` PL_�`S ��D SPECIFIC:�TIO�S FOR TI� L�i��ERSITic" _a��E�-L�E TRE_�TtiIE�i' PO�-D C.1 Final Desi�n Sur��e�� .� sur��.� ot tnz pr��pes�� sit:, ti�.i11 be cuinpleted �vhich ��ill includz contaccin�- Gophzr State Onz Caii 3ilcj IOC.2IIi1a the pri��ate utilities �vithin the ponding area. This tas� �.��i(1 also inci�.:de completion oEup to three soil borin�s to determine thz t�pz of soils presznt «�ithin thz pondinv area. C.2 Prepare and Submit Permit :�pplications P;rmit applications �� iil be prepared and submitted to the Minnesota Departmznt of Transportation for tne proposed pondin� improvements. It is anticipated that up to three meetin�s «ith Mr��'DOT staff may be necessary to resolr•e all the a�eement and desi� issues. Other permits necessary for the project will be prepared and submitted to review a�encies. These could include Sir Cities ��10, City of Sprin, Lake Park, and the City of Blaine. C.3 Prepare Final Plans and Specifications This task includes the preparation of the tinal construction plans, specifications, and bid documents necessary to construct the proposed improvements. It is anticipated that WSB w•ould prepare the bid documentation, advertise the project, and assist with the bid openin� and bid tabulation. Exhibit C Pa�e 1 of lc:�,w•rv�oows�TemporarylnternetFiles�•OL'<IF3�ecn-c.doc 54 EXHIBIT D WSB � ASSOCIATES, INC COMPENSATION The Citv shal? pay th� En�ineer ior the Professional Services outlined in the Scope of W'or!c on an hourly basis in accordance with our current standard fee schedule. Expenses shail be invoiced to the City at their di;�ct cost w-ithout mark-up. The total compensation shall not exceed �28,�00.00 Exhibit D page 1 of 1 F;IWPWIMt449-011EXH-D.DOC 55 � � AGENDA ITEM cmroF CITY COUNCIL MEETING OF JULY 14, 2003 FRIDLEY INFORMAL STATUS REPORTS � � 56