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12/03/2007 - 6145r � CffY OF FRIDLEY FRIDLEY CITY COUNCIL�.MEETING OF DECEMBER 3, 2007 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT IYAMF, A��RFSS AIYfl /i'�M IYUMBFR YOU ARF /Ni�RFST�D /N. : Print Name (Clearly) A ress Item No. ' � _. � � \. � ,1.• . � �-. % C� �. �. �'I r'L. ��1Zc� -2 3 S- ,�� E :�� . /1..( �7 ��-fUL. C."L.�.- •�'�/ / ��..-� \ � ��. � � S �J` 7 � ' V � [�C � l�'�� sl',�Ue� �2yv-7.3� ��. , �_ kA FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 •'..� _Y ��;r =U p7Y OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with 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 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CO SENT AGENDA: ti� �S��ld� APPROVAL OF MINUTES: ��/,� ,� A� r� City Council Meeting of November 19, 2007 � �� - C uJVE C 1' ��,�-- «�Sk(awc��t s(b �s�-1-z� (� i�) ; Board of Canvass Meeting of November 26, 2007 _ °�� 7�naa-�� /� � ('�- „�� n�r��-v, a�,��38 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: 4. Approve 2008 Sixty-Day Agency Action Application Deadlines for the Planning Commission and the Appeals Commission Meetings ......... 28 - 37 OLD BUSINESS: Second Reading of an Ordinance Amending the Fridley City Code, Chapter 603, Intoxicating Liquor, to Allow the Sale of Intoxicating Malt Liquor with 3.2% Malt Liquor and Wine Licenses ................................... 1 - 2 NEW BUSINESS: Resolution Abating an Assessment for a Property Within Street Improvement Project No. ST. 2007 —1 ................................. 38 - 39 6. Approve 2008 Consulting Services Agreement between the City of Fridley and 3M Company for GIS Senrices ................................ 40 - 50 ��7� R�% Approve Change Order No. 3 for 2007 _��' Neighborhood Street Improvement Project � No. ST. 2007 —1 ........... ................... 51 - 53 _/,1.� O p� e�� ;�h �( S'S p�►�1 2. Receive the Minutes from the Planning Commission �� v Meeting of October 17, 2007 ............. 3- 15 /._..-,,' Approve Change Orders and Final Payment for � Two Rescue Trucks for the Fire Department ........................................ 54 - 72 3. Variance Request, VAR #07-06, by Barry Hoosline, to Increase the Fence Height Requirement from 8 Feet to 10 Feet for the Purpose of Screening the Storage of Vehicles and Equipment Related to a Junkyard Operation in an Industrial District, Generally Located at 7340 Central Avenue, 1240 — 73'/z Avenue and 1230 73�d Avenue (Ward 2) ................ 16 - 27 �...��J i.� �-�. C,.I�2iN--'yQ. (%�-GQ42�.-_ � `� c,� —� °r —7 Y`' � l.�'� /� � l�i `:-, �.1 z� �.- S��z 3 7 Claims 10. Licenses 11. Estimates ........... 73 ... 74 75 =y � ` FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 2 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda -15 Minutes PUBLIG HEARING: �n(,_� N_� y� (�rJS � A��' 12. Consideration of the 2008 City of Fridley v�-e�-�-- Budget ................................... 76 - 77 �`.� � -°� rt � �� z(�� y��-a�—e-� � � ; z�" � Q ( � � I � s;.�-- ;��, 13. Consideration of a Resolution Ordering the��,� -�' � Z-� �9J�A C�� Removal or Repair of a Hazardous Building g: 3c� Pursuant to Minnesota Statutes, Section 463, _� A�/�� L o c a t e d w i t h t h e C i ty o f F r i d l ey, M i n n e s o t a (1465 Gardena Avenue N.E.) (Ward 2) (Continued September 10, 2007) ...... 78 �3� �3 3 NEW BUSfNESS: 14. Informal Status Reports ..................... 79 g� �� 3 ADJOURN. 2 � �� ) �� . � =,�- �(.��- � �� '"�'.-�---� � � �, �L �.L �-��-� �j� c..v �� . . �. � �-�—�_ � � � � CITY COUNCIL MEETING OF DECEMBER 3, 2007 CffY OF FRIaLEi' The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 19, 2007 Board of Canvass Meeting of November 26, 2007 OLD BUSINESS: 1. Second Reading of an Ordinance Amending the Fridley City Code, Chapter 603, Intoxicating Liquor, to Allow the Sale of Intoxicating Malt Liquor with 3.2% Malt Liquor and Wine Licenses .......................................... 1- 2 NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of October 17, 2007 ......................................................................... 3- 15 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Variance Request, VAR #07-06, by Barry Hoosline, to Increase the Fence Height Requirement from 8 Feet to 10 Feet for the Purpose of Screening the Storage of Vehicles and Equipment Related to a Junkyard Operation in an Industrial District, Generally Located at 7340 Central Avenue, 1240 — 73'/ Avenue and 1230 73rd Avenue (Ward 2) ........................................................................... 16 - 27 4. Approve 2008 Sixty-Day Agency Action Application Deadlines for the Planning Commission and the Appeals Commission Meetings ................................................................................... 28 - 37 5. Resolution Abating an Assessment for a Property Within Street Improvement Project No. ST. 2007 — 1 .................................... 38 - 39 6. Approve 2008 Consulting Services Agreement between the City of Fridley and 3M Company forGIS Services ............................................................................................ 40 - 50 7. Approve Change Order No. 3 for 2007 Neighborhood Street Improvement Project No. ST. 2007 — 1 ........................................................................................... 51 - 53 8. Approve Change Orders and Final Payment for Two Rescue Trucks for the Fire Department ................................................. 54 - 72 9. Claims ........................................................................................................... 73 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2007 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 10. Licenses ................................................................................................... 74 11. Estimates ................................................................................................... 75 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARING: 12. Consideration of the 2008 City of Fridley Budget................................................................................................... 76 - 77 13. Consideration of a Resolution Ordering the Removal or Repair of a Hazardous Building Pursuant to Minnesota Statutes, Section 463, Located with the City of Fridley, Minnesota (1465 Gardena Avenue N.E.) (Ward 2) (Continued September 10, 2007) .................................................................. 78 NEW BUSINESS: 14. Informal Status Reports ................................................................................. 79 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 19, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Fritz Knaak, City Attorney Don Abbot, Public Safety Director Richard Pribyl, Finance Director PRESENTATION: Richard Pribyl, Finance Director, presented a response to some comments from a reader who viewed the "Statement of Activities" on the City's Comprehensive Annual Financial Report. This is a new statement that is part of the change that the Governmental Accounting Standards Board implemented. This statement is meant to be a city-wide financial measurement combining both governmental and enterprise related activities under a"full accrual" basis, showing the change in "net assets" and not necessarily "financial position." Mr. Pribyl said this statement is representative of the changes that occurred within the assets and liabilities of the City of Fridley under a full accrual basis. The resident felt that the $1,634,904 represented a surplus of spendable resources. This number does not represent spendable resources. The bulk of the $1.6 million, is accounted for under the "Capital Grants and Contributions" program heading. This amount represents the full amount of revenues received from Grants and Special Assessments related to 2006 proj ects. Mr. Pribyl said that the only expenses attributed to these revenues are one year's worth of depreciation associated with the capital assets purchased with those same grants and contributions. The full amount of the value of the capital assets are capitalized and depreciated in future years. The money was all spent during 2006. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 2 Mr. Pribyl said that for the purpose of this statement, it represents the change in "net assets" as defined by GASB #34. It also represents the amount by which assets exceeded city-wide liabilities. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF THE MINUTES City Council Meeting of November 5, 2007. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 1. First Reading of an Ordinance Amending the Fridley City Code, Chapter 603, Intoxicating Liquor, to Allow the Sale of Intoxicating Malt Liquor with 3.2% Malt Liquor and Wine Licenses. William Burns, City Manger, stated this proposed change allows the City to issue a liquor license under Chapter 603 that includes wine and strong beer. Currently, a restaurant must apply for an additional license if they want to serve strong beer with wine. This request was made by Councilmember Barnette and Rob Debnecay, owner of Chris and Rob's Chicago Taste Authority. Staff research reveals that State law allows this change where an establishment holds a wine license, a 3.2% malt liquor license, and where at least 60% of an establishment's gross receipts are attributable to food sales. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE ON FIRST READING. 2. Preliminary Plat Extension Request, PS #07-04, by Bruce Westman, to Reconfigure Property Generally Located at 100 and 110 Mississippi Place N.E. William Burns, City Manager, stated petitioner, Bruce Westman, plans to change the boundaries of his two lots on Mississippi Place by splitting the lots with a north-south property line rather than an east-west property line. Council approved the replat on May 21. Since Mr. Westman has not yet had his preliminary plat approved by Anoka County, he is requesting an extension. Staff recommends extending Mr. Westman's plat request until May 21, 2008. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Approving a Final Plat, P.S. #07-03, Park Shop, by Richard Carlson, for the Purpose of Consolidating Several Small Parcels and Vacated Streets and Alleyways to Create One Lot, Generally Located at 30 - 81st Way N.E. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 3 William Burns, City Manager, stated Richard Carlson, the petitioner, is seeking to replat multiple parcels, including vacated streets and alleys, to create one lot. Council approved the preliminary plat on April 18, 2007. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Resolution Authorizing Mutual Aid with Anoka County and Other Anoka County Cities. William Burns, City Manager, stated the agreement replaces the Anoka County Law Enforcement Joint Powers Agreement. The agreement continues to authorize the Public Safety Director to provide police resources to Anoka County or other Anoka County cities in times of need. It also authorizes the City Manager to extend other City services, such as public works services, to Anoka County or other Anoka County cities in times of need. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits for the 2008 Calendar Year. William Burns, City Manager, stated the legislation provides for a 3% cost of living adjustment for full and part-time City employees in 2008. It also authorizes a 3% increase in automobile allowances. The 3% increase is consistent with amounts included in the City's union contracts. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. Claims (134242 —134391). APPROVED. 7. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom asked for Items 2, 3, 4, 5 and the minutes from the Council meeting of November 5, 2007, to be removed from the consent agenda and placed on the regular agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Items 2, 3, 4, 5 and approval of the minutes from the City Council meeting of November 5, 2007. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to approve the agenda with the addition of Items 2, 3 4 and 5 and approval of the minutes from the City Council meeting of November 5, 2007. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY OPEN FORUM: No one was present. PUBLIC HEARING: 6. Consideration of Neighborhood Street Improvement Project No. ST 2008-1. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:42 P.M. James Kosluchar, Public Works Director, stated this project is part of the annual street reconstruction program. It will address the increasing costs of maintenance and repair work on our aging streets. The streets that are being addressed are those without curb and gutter. This does not mean that all areas of improvement will be without curb and gutter but that is the main focus. Some areas with curb and gutter may have streets that need to be reconstructed. There are four main project areas to this project and a side benefit of this construction project is that the excess material will be used to improve the ball fields at Community Park. Mr. Kosluchar said this project includes concrete curb and gutter, standard roadway width of 30' curb to curb, design and drainage off the street. Asphalt curbs are to be replaced as part of the 2008 project because that type of curb does not hold up to plows and does not drain as well. This is part of the 2005 through 2008 accelerated street reconstruction project and this year's project is the most aggressive project. After this year, there will be no streets left without concrete curb and gutter. Mr. Kosluchar said there would be utility relocations by private utilities including gas and power companies. The existing asphalt surface will be removed, upgrades made to the drainage and miscellaneous utilities as necessary, existing curb removed, concrete curb and gutter installed, roadways striped, sod placed, irrigation systems replaced where needed, and certain hydrants replaced or relocated. The south side ball fields in Community Park will be graded similar to fields one and two and the electrical and sprinklers will be updated. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 5 Mr. Kosluchar said they would like to complete construction by the end of October 2008. Another hearing will be held on the final assessment in October 2008. They would be happy to work with residents on any construction issues they may have. Mr. Kosluchar reviewed the assessment policy. He said calculations are based on the address front footage of the property. Based on historic assessments, the cost could be up to $27.00 per lineal foot. If the concrete curb already exists on the address side of the property, the assessment could be up to $16.00 per lineal foot. He said these projections are based on estimates at this time. Calculations for commercial properties are based on the front footage adjusted for street access. Based on historic assessments, the commercial properties could be assessed between $59 and $81 per front foot based on street width. Commercial, industrial, institutional and multi-unit residential properties are considered commercial properties for the purpose of this special assessment. Mr. Kosluchar reviewed the payment options. Option one is the lump sum payment. Option two is to add the cost to the property taxes that can be paid over 10 years with an interest rate of approximately 7%. Option three is if you meet certain criteria you can request deferral of the assessment until the property is sold. Mr. Kosluchar said the estimate of the total project is $3,658,000. Revenues to pay for this project come from Minnesota State Aid (which is funded by gas tax dollars that are dedicated to road proj ects), the General Fund, special assessments, sanitary and water funds and park funds. Special assessments overall reduce the tax burden on properties and provide a method to allocate costs to greater user of the service, such as commercial properties' use of roads. MOTION by Councilmember Bolkcom to receive a memorandum dated October 9, 2007. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Councilmember Bolkcom asked about the feasibility report. Some residents claim there is nothing wrong with their streets. Mr. Kosluchar, responded that some of the streets might seem acceptable today, but as the streets age they will eventually physically break apart. As the design is created, more detailed studies will be made to look at each individual street. Councilmember Bolkcom asked about the meeting that was held where 57 people attended from 47 properties and asked what kind of questions they had. Mr. Kosluchar said that the questions were generally about how the assessment works and the range of costs. Some questions were Public Works-related. Information was shared regarding rain gardens. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 6 Councilmember Bolkcom asked to review the individual costs of the project and if better soil will be used this year to help the sod grow. Mr. Kosluchar said that better soil will be used for this project and he reviewed the individual cost breakouts with Council. Councilmember Bolkcom asked if the materials that were placed at the ball fields from the last proj ect made a difference. Mr. Kosluchar said that the material did help with the draining issues on the fields and it will keep the fields in better condition. The fields were not used much this year after the construction, so he was not sure how much of a difference the new material made on the fields. Councilmember Bolkcom said that if Third Street is widened, some residents are concerned about their driveways. Mr. Kosluchar said that Third Street currently meets the standard width and if it were widened, it would not be much wider. Councilmember Bolkcom asked about Ashton Street and the drainage issue. Mr. Kosluchar said that if they widen the roadways, the intent is to provide good drainage and look at options to improve the drainage. More details will be available as the design is developed. Staff could meet with residents individually to address their concerns if needed. Councilmember Bolkcom asked for Hickory Street to be changed to Hickory Drive. Mayor Lund asked about the funds and where the money was coming from as it relates to the Enterprise Funds. He said when the streets are reconstructed, sewer, water and anything underneath are looked at. The City sets aside funds to do repairs to the streets and curbs, improve water and sewer, and at the same time the gas company will go ahead of construction to check the lines. This program has been accelerated to complete the streets before the funds run out. This is why reserves are set aside, so that as Fridley continues to age, funds are available to assist with street reconstruction. William Burns, City Manager, said that sewer camera work is available and sewer lines can be replaced at the homeowners cost. The camera work is free. Roger Avery, 600 Glencoe Street, spoke for the Knights of Columbus on Highway 65 and asked for an estimate of their assessment for budget purposes. He also addressed concerns regarding drainage on the southeast corner. Mr. Kosluchar said that when the design is created they would look at that area. People on that street have mentioned the drainage problem. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 7 Mr. Avery asked about the time frame as to when the work will be done and if it would affect business and access to the building. Mr. Kosluchar said business would be limited to one access and the City would work around the business. They would try not to inconvenience the business in any way. Mr. Avery asked if they would replace or relocate the sprinkler heads. Mr. Kosluchar said they would relocate whatever was in the way and needed to be relocated. Mr. Avery said he would like to meet with Mr. Kosluchar at the property. Mayor Lund said that when the repairs are done to the storm sewer it should fix the problematic drainage areas. Mrs. Ebsky, 158 — 63 '/z Way, said that she has a handicap person in her home. She wanted to know how to contact the contractor to let them know of her situation. Mr. Kosluchar said a notice will be sent to her home as to when the contractor will be in her area and she should then ask to meet with the contractor to discuss the circumstances. Mayor Lund said that staff works very well with the homeowners in reconstruction proj ects to minimize any inconvenience. Les Schimelpfenig, 6390 Ashland Street, said his son owns the home but lives in San Diego. He would like details mailed to his son so he can decide if he wants to fix water mains to the home at the same time. Also there is a cottonwood tree in the public right of way and he wondered who would be responsible to pay for the removal. Councilmember Barnette said if the tree is in the City's right of way, the City will pay for the removal. Mr. Kosluchar said that they try to relocate trees if possible. Mr. Schimelpfenig said this tree is too large to relocate. Councilmember Saefke advised to have the water and sewer lines checked out at the same time, as they may be damaged from the large tree. Charles Kane, 6860 Siverts Lane, asked if they pay for the street because the park is across the street. Mayor Lund said that the homeowner will only pay for the address side of their street and will get a new concrete curb and gutter. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 8 Mr. Kane asked if the street is widened to 35 feet, if the land would come from his property or the park. Mr. Kosluchar said that they are trying not to widen the street because of the lots. The City will be sensitive to the lot and right of way and are working on how to address the situation. The City could not take any property from the homeowner without asking. Mr. Kane asked to set up a meeting with Mr. Kosluchar to look at the property. Mayor Lund said that a j oint street proj ect was recently shared with New Brighton. He recalled that the average expense to Fridley residents was $1,800 versus $4,500 to New Brighton residents. The difference is that Fridley sets funds aside for street reconstruction proj ects and the City would like to complete all streets before the funds are depleted. Dr. Burns said that the property owners are assessed for the curb and gutter, and the past three years the City has levied for the cost of the streets and charged all taxpayers. This will continue beyond 2008. Rosemarie Melcher, 5500 Pierce Street NE, asked if the project would widen Pierce Street. Mr. Kosluchar said he was not sure but she could call him and he would look at the preliminary plan. Ms. Melcher said she did not think there was a reason to widen the street. Ken Hughes, 6424 Ashton Avenue, said he received the assessment for the curb and gutter and did not understand why it was so high. He said the price for curb and gutter should be around $8.00 per lineal foot not $27.00. Mr. Kosluchar said the last assessment was $17.00 and this amount included removal, excavation and other labor associated with installation of curb and gutter construction and tear- off. Councilmember Bolkcom said that the cost estimate is $16.00 to $27.00 per lineal foot and that would include a small amount of sod and soil. Mr. Kosluchar said that in some cases, the sod is part of the assessment. Mr. Hughes asked about homeowners who live on the corner lots and who would pay for the side curb and gutter. Mr. Kosluchar said that the cost is rolled into and divided into property owners' costs. Mr. Hughes said that would increase the cost for those on the street paying for the front footage of their lot. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 9 Mayor Lund said that the curbside cost is rolled into the overall project. The entire project is $3.6 million and the street fund and levy funds pay for the other curbs. Only a small portion comes from the assessment of the homeowners. Mr. Hughes asked why there is such a big difference in the cost from $8.00 to $27.00. Mr. Kosluchar said that the 2007 street proj ect came in at $17.00 per lineal foot, so this proj ect will probably be between $17.00 and $27.00. The $27.00 price may be a high estimate. Mr. Hayes thought the assessment was higher because this project includes a large area throughout the city. Councilmember Bolkcom said that this project is not any different than other projects. Contractors are usually more interested in larger projects and give competitive bids. Dr. Burns agreed that the larger proj ects are likely to get a volume price from contractors. If we wait to do this project, the asphalt price is likely to go up, so it makes sense to do this larger proj ect now to save on future costs. Mayor Lund said that this project involves four primary areas. The contractors will work in one area at a time so the efficiency should be good. Councilmember Bolkcom said that this is the largest project, over four miles. If the numbers were drastically higher than the proj ections they would look to see if this proj ect was worthwhile. Mr. Hughes said he thought the homeowners were being penalized because this project jumps all over the City. Councilmember Bolkcom said they did not anticipate the proj ect going over the $27.00 per lineal foot. The last project cost estimate was up to $25.00 per lineal foot and the actual cost came in at $17.00. Mayor Lund said that it is better to estimate on the high side than too low. If we hold off on this proj ect unti12009, homeowners could be paying a lot more. Councilmember Bolkcom said they could take out an area of the proj ect but the goal is to get all the streets done. Mr. Kosluchar said that he could go through the numbers with Mr. Hughes if needed. Mr. Hughes asked if he could get a copy of the estimates. Mr. Kosluchar said that he could come in and meet with him. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 10 Councilmember Saefke asked if it would be possible to bid the 4 zones separately and as a whole to see what the economy scale is. Councilmember Bolkcom said that might prevent people from bidding. Mr. Kosluchar said that it would require a lot of work to break up the proj ect. Councilmember Saefke said he would like to get the entire proj ect done but would like to satisfy the concerns of the property owners. Alvin Flanders, 6350 Riverview Terrace, asked about the cost to replace the sewer and water lines to the house from the street. Mr. Kosluchar said it is about $50 per lineal foot if the lines are done together. The price will depend on the contractor. Mayor Lund said that the City would look at the sewer line for free if he wants them to check on the condition of the line. Councilmember Saefke said that the homeowner could get a bid and compare it to the City's contractor bid. He encouraged homeowners to get their own bid but to make sure the contractor is bonded and insured. Councilmember Barnette mentioned that homeowners might want to get bids to get their driveways done as well because the City will be replacing the bottom portion of the driveway. Joan Ridgley, 6876 Channel Road, said that the front address side of her home already has a curb and wondered if she would need to pay for a new curb. Mr. Kosluchar said that the proj ects vary by street and asked her to contact him. Councilmember Saefke encouraged homeowners to look at all potential problems that may come up underground during this project, as it is more economical to replace when the area is under construction. Councilmember Bolkcom asked if some streets needed to be added to the bid and/or others taken out, would another public hearing be needed and a notice sent out. Attorney Knaak said that it is more difficult to add streets but to eliminate streets would not be a problem. They would just need to notify all the residents it would apply to. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 11 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:55 P.M. NEW BUSINESS: 9. Resolution Ordering Final Plans, Specifications and Estimates of Costs Thereof: 2008 Neighborhood Street Improvement Project No. ST 2008-1. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-68. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. First Reading of an Ordinance to Amend the City Code of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #07-02, by Timothy Nelson, to Rezone Property from M-4, Manufacturing Only, to M-2, Heavy Industrial, Generally Located at 61st Avenue and Main Street N.E.) (Ward 3). Scott Hickok, Community Development Director, presented a rezoning request from Timothy Nelson, Main Street Properties, LLC, who is requesting a rezoning at the southwest corner of 61 st Avenue and Main Street, from M-4, Manufacturing Only to M-2, Heavy Industrial. The petitioner submitted a site plan for the property, which depicts two industrial buildings. The petitioner has not identified for the City if there are users for the buildings or what the buildings will be used for; however, both of the buildings appear to be typed for warehouse. Mr. Hickok said the first goal of M-4 zoning is to reduce warehouse and distribution impacts on surrounding neighborhoods and streets from truck traffic. The traffic study by the petitioner's traffic consultant did not dispute that there would be 170 additional trips per day with warehouse and did not prove how many would be trucks and how many would be cars. Historically, trucks have been the source of complaints for residents along Main Street. Mr. Hickok said the second goal of M-4 Zoning is to encourage uses which provide a significant amount of job opportunities and require more complex building systems. The petitioner's building data on value was not persuasive and generally contradicts the assessor's information on value. No information on future use is available from the petitioner, but warehouse has been part of their discussion and warehouse generally results in less job opportunities. Mr. Hickok said the third goal of M-4 Zoning is to promote clean uses that do not produce fumes, odors, or require outdoor operations, which may cause noise. Beyond the building's construction however, things like trucks idling, diesel engines running all night awaiting an early morning drop-off or pick-up at a warehouse, tow motors moving materials in open parking or storage areas, pallets of materials being dropped, and the constant beep of trucks backing to docks are all complaints that we have received from neighbors near existing warehouse facilities on Main Street. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 12 Mr. Hickok said the fourth goal for M-4 Zoning is to eliminate uses which require significant amounts of outdoor storage. In this petition for rezoning, the petitioner has not provided information that would suggest what types of warehouse users might occupy the buildings. Without that information, the City can only assume that more truck-intensive occupants may occupy this building, which would potentially leave the presence of large commercial vehicles, semi-trucks and trailers as an on-going outdoor vehicle storage issue. Mr. Hickok said the Planning Commission held a public hearing on September 19, 2007. The Planning Commission recommended denial of Rezoning Request, ZOA #07-02. The motion carried on a 4 to 1 vote. City staff recommends concurrence with the Planning Commission. If the City Council elects to approve the rezoning, staff recommends 12 stipulations be attached to that approval. Councilmember Bolkcom asked for clarification that warehouse use produces more trips than manufacturing use. Mr. Hickok said that is correct, throughout a day, the warehouse use would have 172 more trips than manufacturing use. Councilmember Bolkcom asked for clarification about storage. Mr. Hickok said that information from the petitioner on what will be stored at this location has not been submitted. There may be an issue with outdoor storage on this property. Outdoor storage cannot be more than 50% of the square footage of the building and must be screened from the pubic right of way. Councilmember Saefke said that according to the M-2 ordinance, the property could have poultry processing or bulk storage of oil or gasoline. Mr. Hickok said agreed but said it would require a Special Use Permit. Councilmember Saefke said that the M-4 did not specify what type of manufacturing is allowed. Mr. Hickok said it includes a broad spectrum of manufacturing possibilities such as lighting, microchip or cabinets, but manufacturing is the key word. Most of the manufacturing companies are indoor, and not a lot (if any) outdoor storage is needed. Councilmember Saefke said that with a special use permit in an M-4 zoning, other types of manufacturing would be permitted. Mayor Lund said that looking at the minutes from the last meeting, there was a lengthy discussion. He did not think there were justifiable issues for a rezoning change. The traffic study does not make that much difference, warehouse versus manufacturing. There still will be a lot of traffic. There are repeated adversarial problems and lack of communication issues FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 13 associated with this request. This has been going on for two years and he is not convinced that in 1997 Council made an error. He would vote for denial of the rezoning request. Councilmember Bolkcom concurred with Mayor Lund and agreed there was not a huge change since 1997. MOTION by Councilmember Bolkcom to waive the first reading of the ordinance and deny the first reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #07-02, by Timothy Nelson, to Rezone Property from M-4, Manufacturing Only, to M-2, Heavy Industrial, Generally Located at 61st Avenue and Main Street N.E.). Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION DENIED UNANIMOUSLY Councilmember Saefke said that he had concerns for the neighborhood itself and that neighbors may not want to live next to what may go in that location. If the petitioner knew what type of business would go in there, it may be different. He agreed that the 1997 vote had valid reasons for the zoning change and they were still valid today. Councilmember Bolkcom said that over the years, traffic and noise would be an issue, plus they are trying to clean up outdoor storage problems. Mayor Lund asked Attorney Knaak if it was appropriate to deny the request. Attorney Knaak said that the application is a request to pass the ordinance. If not passed the ordinance should make affirmative finding for basis of denial. The vote for the zoning request for or against would suggest to adopt a resolution such as the reasons stated in the packet for denial. MOTION by Councilmember Bolkcom to remove the resolution for denial that was previously presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY MOTION by Councilmember Bolkcom to waive the first reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-69. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 14 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Approval of the City Council Meeting Minutes of November 5, 2007. Councilmember Bolkcom asked on page 8 forManufacturing to be changed to Warehouse. Mayor Lund asked on page 13 for 1977 to be changed to 1997. MOTION by Councilmember Bolkcom to approve the minutes with the corrections. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Preliminary Plat Extension Request, PS #07-04, by Bruce Westman, to Reconfigure Property Generally Located at 100 and 110 Mississippi Place N.E. Councilmember Bolkcom asked how often more than one extension was granted. Mr. Hickok said Council can say no to any extension, but in this case, the petitioner would have six months to get the final plat filed. Council has granted one extension and this property owner did not understand really well or realize the steps that needed to be taken to get the plat completed. Petitioner has made steps towards completing this process. Councilmember Bolkcom asked that if this extension is granted, things must be completed by May 31, 2008. No more extensions would be granted. Mayor Lund asked if the petitioner understood what is needed to complete this process. Mr. Hickok said yes he was well aware of how much time it takes and is working toward the goal of completion. Councilmember Bolkcom asked that a letter be sent to the property owner stating that all would need to be completed by May 31, 2008. MOTION by Councilmember Bolkcom to approve preliminary plat extension request, PS #07- 04, by Bruce Westman. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 3. Resolution Approving a Final Plat, P.S. #07-03, Park Shop, by Richard Carlson, for the Purpose of Consolidating Several Small Parcels and Vacated Streets and Alleyways to Create One Lot, Generally Located at 30 - 81st Way N.E. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 15 Councilmember Bolkcom asked if the four stipulations on the landscaping were done and if staff was comfortable that all the stipulations will be done. Mr. Hickok said that some things had to wait, but he was confident all stipulations would be completed. Councilmember Bolkcom said the landscaping was not done. Mr. Hickok said the part that was not done relates to a pipeline, not being able to plant and some items that were waiting for the approval of the Metropolitan Council. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-65. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 4. Resolution Authorizing Mutual Aid with Anoka County and Other Anoka County Cities. Councilmember Bolkcom asked why the City Manager was the designee but not the Public Safety Director. Don Abbott, Public Safety Director, said that the resolution and agreement were supplied by the Anoka County Attorney's office. Mayor Lund said that if we were asked that an outside agency wants to use some of our power equipment, they would ask the City Manager. If in our police department we were in need of some mutual aid outside it would be our Director of Public Safety. Mr. Abbott said he understood the point and he could add in the words "or designee" after the words Public Safety in number one and number two if it would make things more clear. Attorney Knaak said that it may conflict with the language of the j oint agreement but it does not look like it would. Councilmember Bolkcom asked about the damage to equipment. If we borrowed something to someone else and they break it, we have to pay for it. Mr. Abbott said that is correct. It describes the relationship that works on both sides. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-66 and to amend the resolution to add "or designee" after the words "Public Safety Director." Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2007 PAGE 16 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 5. Resolution authorizing an increase in compensation and changes in certain benefits for the 2008 Calendar Year. Councilmember Bolkcom asked what the increase in the 3% auto allowance was based on. William Burns, City Manager, said that it was consistent with the cost of living adjustment. Councilmember Bolkcom asked if this was any different from what other cities are doing. Dr. Burns answered no. MOTION by Councilmember Bolkcom to adopt Resolution 2007-67. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY INFORMAL STATUS: Mayor Lund reminded residents of the special election on November 20. Residents are encouraged to vote at their normal polling locations from 7:00 a.m. to 8:00 p.m. Dr. Burns said the December newsletter would be going out to residents the first week in December. Councilmember Bolkcom said that there is a meeting special meeting on Monday, November 26, at 5:00 p.m. to canvass the special election, and it will not be televised. She also congratulated the Fridley High School on a very successful musical "Kiss Me Kate." It was a great production as usual. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:40 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor BOARD OF CANVASS MEETING CITY OF FRIDLEY NOVEMBER 26, 2007 The Board of Canvass meeting was called to order by Mayor Lund at 5:00 p.m. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT: Mayor Lund Councilmember Saefke Councilmember Bolkcom Councilmember-at-Large Barnette Councilmember Varichak 1. Receive and Certify the Statement of Canvass from the Special Municipal Election of November 20, 2007. MOTION by Councilmember Bolkcom to receive and certify the Statement of Canvass from the Special Municipal Election of November 20, 2007. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURN MOTION by Councilmember Bolkcom to adjourn. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 5:03 P.M. Respectfully submitted by, Debra A. Skogen Scott J. Lund City Clerk Mayor � � �ffY �F FRIDLEY To From Date: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2007 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk November 30, 2007 Re: Second Reading of an Ordinance Amending Fridley City Code Chapter 603 Intoxicating Liquor to Allow Sale of Intoxicating Malt Liquor with 3.2% Malt Liquor and Wine Licenses City Code Chapter 602 regulates the sale of 3.2% malt liquor which is defined as, "any malt liquor with an alcoholic content of more than one-half of one percent (.5%) by volume and not more than 3.2% by weight". City Code Chapter 603 allows the sale of wine and intoxicating liquor which is defined as, "ethyl alcohol and distilled, fermented, spirituous, vinous, and malt beverages containing in excess of 3.2% of alcohol by weight". An individual, partnership or corporation may apply for a wine license which is regulated within this chapter, as it is in excess of 3.2% of alcohol. At the present time an applicant may only serve 3.2% malt liquor or wine. If they want to serve intoxicating malt liquor, or strong beer, they must apply for an intoxicating liquor license. The City received a request from Rob Dubnecay of Chris and Rob's Chicago Taste Authority to allow them to have an intoxicating malt liquor license and wine license similar to the City of Minneapolis. At the request of the City Council, staff researched the issue further and found state law allows the sale of intoxicating malt liquor with the sale under certain conditions. If an establishment has a wine license, which meets the state's definition below, and a 3.2% malt liquor license with gross receipts of at least 60 percent attributable to the sale of food, they may sell intoxicating malt liquors at on-sale without an additional license. First Reading of the ordinance was held on November 19, 2007. Based on the findings, staff recommends the City Council hold the second reading of an Ordinance Amending Fridley City Code Chapter 603 Intoxicating Liquor to Allow Sale of Intoxicating Malt Liquor with 3.2% Malt Liquor and Wine Licenses ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 603 INTOXICATING LIQUOR TO ALLOW SALE OF INTOXICATING MALT LIQUOR WITH 3.2% MALT LIQUOR AND WINE LICENSES The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 603 related to sale of sale of intoxicating liquor be hereby amended and ordains as follows: SECTION 1 Chapter 603 is hereby amended as follows: 603.23. SALE OF INTOXICATING MALT LIQUOR A licensee who has been issued an on-sale 3.2% malt liquor license and an on-sale wine license mav sell intoxicatin� malt liquor whose �ross receipts are at least 60 percent attributable to the sale of food_ without an additional license_ as allowed bv Minnesota Statutes 340A. At the time for renewal of the a�lication for an on-sale 3.2% malt liquor and wine license, the applicant shall submit proof to the Citv in a statement made bv a certified public accountant. The statement shall provide proof of the total �ross sales, the total �ross malt liquor and wine sales, and the total �ross food sales of the restaurant for the twelve (12) month period immediatelv precedin� the date for filin� renewal a�lications. The statement shall also provide proof that a minimum of 60% of the total �ross sales shall be attributable to the sale of food prepared on-site and not from vendin� machines. SECTION 2 That the current numeration in Sections 603.23 through 27 be re-numbered accordingly so as to incorporate this new section into the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2007. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk First Reading: November 19, 2007 Second Reading Publicarion: PLANNING COMMISSION MEETING October 17, 2007 Chairperson Savage called the Planning Commission Meeting to order at 7:30 p.m. MEMBERS PRESENT: MEMBERS ABSET OTHERS PRESENT: Brad Dunham, Dean Saba, Diane Savage, David Kondrick, Brad Sieloff, Jack Velin Leroy Oquist Stacy Stromberg, City Planner Scott Hickok, Community Development Director Approval of Minutes: October 3, 2007 MOTION by Commissioner Kondrick to approve the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 1. Consideration of a Special Use Permit, SP #07-08, by Identi-Graphics, to allow a changeable electronic gas pricing sign in a C-2, General Business District, generally located at 6501 Central Avenue, NE. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING OPENED AT 7:32 P.M. Stacy Stromberg, City Planner, presented a request from the petitioner, Identi-Graphics, who is representing the property owner of the gas station located at 6501 Central Avenue. The petitioner is requesting a special use permit to allow a free-standing automatic changeable LED gas pricing sign. Ms. Stromberg stated that a free-standing sign already exists on the subject property, which is located on the corner of Mississippi Street and Central Avenue. The petitioner is proposing to re-face the existing sign with a British Petroleum logo sign, a LED gas pricing section, and a manual reader board. The LED section of the sign is proposed to be approximately 10 square feet, and the total square footage of the sign is 79.2 square feet. Ms. Stromberg reviewed that the subject property is located at the northeast corner of Central Avenue and Mississippi Street. The property is zoned C-2, General Business. According the building permit records, a building existed on the site prior to 1949, however, that structure burned down. In 1968, the City Council reviewed plans for a convenience/grocery store and they separately reviewed plans to allow for the construction of gasoline pumps in conjunction with the store. While modern code standards require a special use permit to be obtained for motor vehicle fuel and oil dispensing services, the 1963 zoning code allowed gasoline service stations as a permitted use. The existing building and gasoline pumps were then constructed in 1969. The original free-standing sign was also constructed in 1969. There have been several changes and modifications to that sign since it was constructed. Ms. Stromberg stated that electronic changeable signs are an approved special use in any zoning district, except residential, provided the message doesn't change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning district in which the property is located. The subject property is zoned C-2 General Business, which requires that free-standing signage can not exceed 80 square feet in size. The existing sign meets that size requirement as will the re-face of the existing sign. The new sign will be approximately 79.2 square feet, with the electronic portion being approximately 10 square feet. It should also be noted that the sign location is 50 feet from any residential property. Ms. Stromberg stated that City Staff recommends approval of the special use permit as electronic changeable signs are an approved special use in the commercial zoning district, provided the sign complies with Code requirements, subject to stipulations. City Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on LED sign shall not change more often that authorized under Section 214.07 of the Fridley City Code. 3. Message on LED sign shall never flash or have motion that may distract vehicular traffic in the area. 4. The petitioner shall ensure that the existing free-standing sign is 10 feet from any property line or driveway. Chairperson Savage asked if staff had had any calls about the sign from neighbors in the area. Ms. Stromberg answered said staff received one call and they just had general questions. Jim Nelson, Identi-Graphics, said that this would be a safer sign because when the current sign needs to be changed with the plastic numbers the numbers can fall and people could get hurt. This sign will allow employees to change the sign electronically from inside. Commissioner Kondrick asked if the petitioner had any problems with the stipulations. Mr. Nelson answered no. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING CLOSED AT 7:37 P.M. MOTION by Commissioner Saba to approve the consideration of a Special Use Permit, SP #07- 08, by Identi-Graphics, to allow a changeable electronic gas pricing sign in a C-2, General Business District, generally located at 6501 Central Avenue, NE with the following stipulations: 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on LED sign shall not change more often that authorized under Section 214.07 of the Fridley City Code. 3. Message on LED sign shall never flash or have motion that may distract vehicular traffic in the area. 4. The petitioner shall ensure that the existing free-standing sign is 10 feet from any property line or driveway. Seconded by Commissioner Sieloff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Consideration of a Special Use Permit, SP #07-10, by Mark Pope, for Lynwood, to allow a nursing home to continue to exist and to allow an expansion of the nursing home in an R-3, Multi-Family zoning district, generally located at 5700 East River Road. MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING OPENED AT 7:39 P.M. Scott Hickok, Community Development Director, stated that the petitioner, Mr. Pope of RLP Architects Inc., is representing Golden Living Center-Lynwood, in their petition to seek a special use permit to allow a nursing home to continue to exist and to allow an expansion of the nursing home in an R-3, Multi-Family zoning district. The nursing home is located at 5700 East River Road. Mr. Hickok said that the Golden Living Center — Lynwood is proposing to construct a 510 square foot addition to their building that will be constructed on an existing paved area. The addition proposal is to be used for therapy. Mr. Hickok stated that the subject property is located on the west side of East River Road and is surrounded on three sides by Georgetown Apartments. It is zoned R-3, Multi-Family, as are the properties to the north, west and south. The properties across East River Road are zoned M-2, Heavy Industrial. The existing nursing home facility was constructed in 1963, and an addition was constructed in 1987. In 1988, a storage building was constructed on the southwest side of the property. Mr. Hickok said that when the property was developed in 1963, nursing homes were a permitted use in an R-3, Multi-Family zoning district. In 1969, the City Council adopted a new zoning code, which required a special use permit for nursing homes in a residential district. The petitioner is proposing to construct a 510 square foot addition to the existing building, which requires the petitioner to apply for the requested special use permit to meet current code requirements. Mr. Hickok said that the property is deficient in meeting front and side yard setback requirements. City Code requires a side yard setback of 35 feet for all buildings in an R-3, Multi- Family zoning district. The existing building is located 13.1 feet form the property line, which is deficient in meeting the front yard setback requirements. Therefore, the petitioner is seeking a variance to reduce the front yard setback from 35 feet to 13.1 feet. It should also be noted, that the concrete patio in front of the building is a roofed structure and is also located within the front yard setback and 17 feet from the property line. Several years ago, Anoka County acquired land along East River Road to expand the roadway; this may have resulted in the deficient front yard setback for this property. Mr. Hickok stated that City Code requires a side yard setback of 15 feet in an R-3, Multi-family zoning district. Staff noted during the review of the petitioner's variance request that both the north and south side yard setbacks are non-conforming. The side yard setback on the north side is 9.6 feet at its closest point, and the side yard setback on the south side is 12.8 feet at its closest point. Staff recommends that these non-conformities be recognized and become part of the petitioner's variance request. The above referenced variance request were approved by the Appeals Commission at their October 10, 2007 meeting. Mr. Hickok said that all other code requirements for this property, such as rear yard setback, lot coverage, and parking are being met for this property. Nursing Homes in an R-3, Multi-Family zoning district are required to have one parking stall for every four beds, and three stalls for every four employees on the largest shift. The nursing home is a 50-bed facility, which requires 13 stalls and there are 16 employees on the largest shift, which requires 12 parking stalls. Total required parking stalls for this property is 25 stalls. The proposed addition will not increase the number of beds or employees, so the 33 stalls that currently exist on the site are sufficient. Mr. Hickok stated that City Staff recommends approval of this special use permit request, as nursing homes are a permitted special use in the R-3, Multi-Family zoning district, subject to stipulations. Staff recommends that if the special use permit is grated, the following stipulations be attached: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The subject property shall be maintained free of any and all construction debris. 3. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 4. The City reserves the right to require additional parking should the demand of the facility warrant it. 5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 6. The petitioner shall submit a grading and drainage plan to be approved by City engineering staff prior to issuance of a building permit. Commissioner Kondrick asked if there were any plans to widen East River Road because if there were, it would be a problem. Mr. Hickok said that he was not aware of any plans to widen the road in the future. Commissioner Kondrick asked if this should have been brought to the Appeals Commission fi rst. Mr. Hickok answered that the Appeals Commission already approved the variances on October 10, 2007. Commissioner Kondrick asked if additional parking is needed in the future there would be enough room. Mr. Hickok said it would take some engineering to rework the existing stalls but a few more parking spots could be found. Commissioner Dunham asked if they were currently short any parking stalls. Mr. Hickok answered no. Chairperson Savage asked if any response has been heard from the neighbors. Mr. Hickok answered no. Mark Pope, RPL Architects, said they had no problems with the report or any of the stipulations. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Sieloff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING CLOSED AT 7:47 P.M. MOTION by Commissioner Sieloff approve the Consideration of a Special Use Permit, SP #07- 10, by Mark Pope, for Lynwood, to allow a nursing home to continue to exist and to allow an expansion of the nursing home in an R-3, Multi-Family zoning district, generally located at 5700 East River Road with the following stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The subject property shall be maintained free of any and all construction debris. 3. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 4. The City reserves the right to require additional parking should the demand of the facility warrant it. 5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 6. The petitioner shall submit a grading and drainage plan to be approved by City engineering staff prior to issuance of a building permit. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 3. Consideration of a Special User Permit, SP #07-09, by Sikh Society of MN, to allow the construction of a worship facility in an R-1, Single Family Zoning District, generally located at 5350 Monroe Street. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING OPENED AT 7:49 P.M. Stacy Stromberg, City Planner, presented that the petitioner, the Sikh Society of Minnesota, is seeking a special use permit to allow the construction of a worship facility at 5350 Monroe Street, which is currently a vacant parcel. Ms. Stromberg stated that the subject property is located off of 53�d Avenue and Monroe Street and is heavily wooded and undeveloped. The property is zoned R-1, Single Family as are the properties to the west and south. Super Target occupies the property to the north and east. The property has remained undeveloped, with wetlands bordering the west and south sides of the property. The property currently has 19 feet of access from Monroe Street, which is six feet short of the code required 25 feet width needed for right-of-way access. Therefore, the petitioner has applied for a variance to reduce this code requirement. The petitioner is also pursuing access to the adjacent private service road just east of the property, which would allow the property to be accessed from a 25 feet wide easement running perpendicular of the service road. This is a safer, more visible entry and is one staff recommended and feels would work best for this site. The petitioner has been working with Target and Petco to obtain an access agreement. To staff's knowledge one hasn't been received yet, however, staff will stipulate that one be obtained before issuance of a building permit. Ms. Stromberg stated that the Sikh Society of Minnesota purchased the property at 5831 University Avenue in Fridley in the early 1990's and has continued to operate their worship facility from this address. Over the years they have considered constructing an addition to this building but have instead decided to build a new worship facility at 5350 Monroe Street. Ms. Stromberg stated that the subject property is 96,525 square feet (2.22 acres). The petitioner is proposing to construct an 8,640 square foot building. The building will be a split entry type building with a lower and upper level. The floor plan consists of a foyer area; with the sanctuary located in the upper level and the lower level will have a kitchen, dining area, a library and a living area for the pastor. Ms. Stromberg stated that the purpose of a special use permit is to provide the City with a reasonable degree and discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety of the area in which it is located. The special use permit gives the City the ability to place stipulations on the proposed use to eliminate negative impacts to surrounding properties. The City also has the right to deny the special use permit request if impacts to surrounding properties cannot be eliminated through stipulations. Ms. Stromberg stated that churches or worship facilities are a permitted special use permit in the R-1, Single Family zoning district, provided they meet the necessary requirements related to building and site requirements and parking, subject to the stipulations suggested by staff. The code requires the use of the CR-1, General Office code standards for churches in an R-1, Single Family district. When using those code standards or the standards in the R-1, Single Family zoning district, all of these requirements are being met with the proposal for the new building. Ms. Stromberg stated that all setback and lot coverage requirements are being met with the proposed building design. Fridley City Code requires that the minimum amount of parking stalls for this site is 107 stalls. The petitioner is proposing to install 108 parking stalls, therefore meeting City Code requirements. Ms. Stromberg said that Fridley City Code also requires any proposed lighting on the site to be shielded and downcast and not to extend over the property line. The proposed building is being designed in a manner that matches the scale of the residential character and structures of the daycare facility located south of the subject property and the residential homes located west of the subject property. Ms. Stromberg stated that the petitioner has articulated to staff that they plan to save as many of the large trees that exist on the site as possible. Staff will stipulate that all trees to be marked and approved by staff prior to removal. While City staff typically recommends the use of a landscaped hedge or screening device between single-family residential properties and an entity, such as the proposed worship facility, staff feels that due to the change in elevation between the subject property and the residential properties to the west, an 8-foot screening fence or a landscape hedge wouldn't be warranted. The grade change is such that an 8-foot fence or hedge wouldn't screen the new building or parking area from the neighborhood above, therefore; staff would recommend a significant amount of landscaping materials to include a mixture of new tree plantings and shrubbery along with any existing trees that may be saved to create a better screening application along the western border of the property. Ms. Stromberg said that Fridley City Code does have a wetland overlay district that stated that significant wetlands would be maintained in their natural condition or improved to provide more benefits for water quality management. It also states that the City will preserve and enhance wetlands within the community through implementation of development regulations that will ensure the design and construction of adequate on-site storm water measures. In 1993, the City hired Westwood Engineering to perform a Wetland Delineation and Evaluation Study for the entire City. At that time wetlands were identified on site. Historically, the subject property has been a marshy, wet parcel, however over the years fill has been added to the site, which has caused the character of the soil to change. It is not clear when the fill was placed on the site; however it appears that it was sometime ago, due to the vegetation that has since grown. Ms. Stromberg stated that in order to act upon this special use permit request, staff required the petitioner to have the existing wetlands on the site be delineated and the boundaries identified. The petitioner hired Westwood Professional Services to delineate the wetlands and they determined that two wetlands do exist on the site, covering a total area of approximately 8,517 square feet (0.20 acres). Wetland A borders the property on the south and west sides and Wetland B is located on the east side of the property. Ms. Stromberg said that City Code does not restrict how close a building or parking lot can be located to a wetland and the DNR doesn't consider these particular wetlands to be a"protected wetland". Therefore, the DNR doesn't have restrictions on how close you can build to a non- protected wetland. As a result, staff is requiring that all building and parking areas remain out of the wetlands. City staff is also requiring that any pond for storm water run-off be designed to be separate from the wetlands so as to not detrimentally impact the integrity of the wetland. Ms. Stromberg stated that on July 27, 2007, City staff received a petition from the neighborhood west of the subject property with 58 signatures (37 households) in opposition of the proposed Sikh Society development. No reasons were identified; it just stated that they are opposed to the development. Staff also received a letter from the property owner at 589 53 %2 Avenue in opposition of the request. He expresses in his letter that the residential neighborhood is already being encroached on all sides by roadways and commercial uses, which makes is hard for people to want to remain in this neighborhood. He also stated that noise would become a bigger issue for the neighborhood with the removal of the trees on the subject property. Since the Planning Commission packets were delivered to, two additional letters have also been received my neighboring property owners and those are in front of the Planning Commission tonight and should also be receipted into the record. Ms. Stromberg stated that the neighborhood west of the subject property was platted in four separate plats between the years 1947-1959. The neighborhood has been zoned residential since the first zoning map dated in 1958. Interstate 694, which was previously Highway 100, has always bordered the neighborhood to the north, and the Target property and the Medtronic World Headquarters property located north of Interstate 694 has also been zoned commercial use since the 1958 zoning map. It is true that a roadway to the north and commercial property to the east border this neighborhood; however it has been that way since the late 1940's. While the subject property is zoned R-1, Single Family, it also allows uses such as schools, churches, hospitals, medical clinics, and other uses with a special use permit. A special use permit gives the City Council the authority to place stipulations on the permit to help mitigate any negative impacts that might be placed on neighboring properties. Ms. Stromberg stated that City Staff recommends approval of this special use permit, as worship facilities are an approved special use in the R-1, Single Family zoning district, with stipulations. Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire, and ADA code requirements. 3. Proposed building to be sprinkled per MN Rules Chapter 1306. 4. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building permit. 6. Petitioner shall meet any requirements identified by Six Cities Watershed District. 7. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 8. A protective railing to be installed on top of the proposed retaining wall around the storm pond. 9. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the construction of the new building shall be marked and approved by City staff prior to issuance of building permits, 10. All lighting on the property shall be shielded and downcast and shall not exceed three-foot candles at the property line. 11. Access agreement from Petco/Target to be submitted to City staff prior to issuance of a building permit. 12. The petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's engineering department. 13. If petitioner is unable to obtain an access agreement from Petco/Target, the petitioner shall apply for and have approved a Wetland replacement plan from the City before a building permit shall be issued. Commissioner Kondrick asked how tall the building would be. Ms. Stromberg answered that she did not have that information available but it would be 1%2 stories or about 16 feet. The maximum height allowed in this zoning district is 35 feet. Commissioner Sieloff asked how the number of parking stalls is determined. Ms. Stromberg answered that it is based on the building layout and broken down into office, assembly and storage areas to determine how many parking stalls are required. Commissioner Kondrick said he drove by the area and it seemed with the setback requirements, wetland area, parking, building size etc. that the building would not be able to expand should they need it. Ms. Stromberg said that is correct, the building would be at capacity with the parking, landscape, ponding requirements etc. Chairperson Savage asked if a stipulation needed to be added regarding the Appeals Commission. Ms. Stromberg said this would be heard by the Appeals Commission next Wednesday. Scott Hickok, Community Development Director, said that stipulation number 13 would cover the issue if the Appeals Commission did not grant the variance. Commissioner Sieloff asked if the site plan would allow too narrow of an access. Mr. Hickok answered no, that the design access was at an angle to achieve 25' and this would encroach the wetland. Whatever amount of wetland that is lost would need to be replaced in another area. If the variance does not pass with the Appeals Commission the petitioner would need to comply, if the Appeals Commission passes the variance, stipulation 13 will not apply. Commissioner Kondrick asked if they have heard anything from Petco in granting access to the area. Ms. Stromberg answered yes; they are new owners and have called with questions regarding access to the site. The owners are in California and are planning to come tour the site. Commissioner Dunham asked about screening the building with trees on the west side and which part of the building cannot be screened. Ms. Stromberg answered that screening would be done with existing trees or new landscaping. Mr. Hickok said that a landscaping plan would be submitted to maximize the landscaping plan. Some of the current trees will be kept and some trees will be removed and supplemented in the landscaping plan. Commissioner Dunham said that there doesn't look like there will be many trees left on the west side. Mr. Hickok said that the wetland exists in a wooded area and the petitioner cannot mess with the wetland at all. The wetland area around the building must be left alone. Any trees that are removed will be supplemented with new plantings. MOTION by Commissioner Kondrick to receive two letters from neighbors, both in opposition of the construction proposed for this site. Seconded by Commissioner Velin. Commissioner Sieloff asked what provides the water for the wetlands. Ms. Stromberg answered that there is a very high water table in this area. Commissioner Kondrick commented that the run off from Target does not drain into this area. Mr. Hickok said that is correct. Commissioner Kondrick asked if this building would have a basement. Ms. Stromberg answered no; there would be no basement. The proposed building would be a split entry design. Jeff McElmory, Designer for Sikh Society, said he accepted all of the stipulations. The Sikh Society had looked into expanding the current building but the Committee decided to build a new building that would last them a long time as their organization grows. The current building has about 2,500 square feet of worship space and when after worship the Sikh Society shares a meal. Currently the same space is used to worship and share the meal so everything needs to be cleared out before they can share the meal. The new building would allow the worship to be held on one level and the lowest level would be an area for sharing the meal and other auxiliary uses. The Sikh Society started in 1996 with 50 families and has grown to 75 families. Looking into the future, they want to build a space that is large enough so they don't grow out of the space anytime soon. Commissioner Sieloff asked who is designing the storm water area. Mr. McElmory said they are working with Westwood Engineering to create the design. Commissioner Velin asked about the height of the building and how many stories the building would have. Mr. McElmory answered that the building would be 1%2 stories high. The overall height will be 17.5 feet. Commissioner Velin asked when looking out of the windows from the neighborhood homes, what would they see. Mr. McElmory said that they are going to try to leave as many trees as possible and will supplement with new trees for those that need to be taken down. The parking will be adjusted to avoid the wetlands. Depending where they are looking from, they will see the building on the high end of the site. Commissioner Dunham asked about the fence screening and if it was not recommended because of the trees. Ms. Stromberg said there is a grade difference between the west residential properties and the subject property so a fence would not screen the area well. Chairperson Savage asked if the petitioner has had any conversations with the neighbors and tried to address any of their concerns. Mr. McElmory answered that the members have spoken with the neighbors and sent them a letter. DJ Sikka, Member of Sikh Society, said that he has spoken with Ms. Stromberg and Mr. Hickok regarding the neighborhood issues. Chairperson Savage asked if there was any response from neighbors. Mr. Sikka answered no. MOTION by Commissioner Saba to receive the letter that was sent to the neighbors. Seconded by Commissioner Kondrick. Mr. Sikka said that the Sikh Society has been on the current site since 1990, 16 years, and half of the people in the area don't even know they are there. Fridley is a good location for their society and they would like to stay in Fridley. Chairperson Savage asked if there were any plans for schooling on site. Mr. Sikka said that their community is very small and there is room downstairs for small children but they will not have classes because the children are all different ages. Commissioner Kondrick asked if there has been any recent communication with the Petco owner regarding the right to access. Mr. Sikka answered that he spoke with the owner 4-5 days ago and he will not make a decision until he is able to tour the property. Mr. Sikka does not think it will be an issue. Ryan Edstrom, Westwood Engineering, said that he would like the variance request taken off because recent documents found an additional 15 feet of right-of-way so the variance will not be needed. Mr. Hickok said that late in the day the City surveyor spoke with Westwood Engineering and it appears there is additional footage not shown on the earlier map. All maps showed the variance was needed but staff couldn't say a variance was not required until further confirmation was made. This does not change the variance request because the wetland will still be affected and if it is encroached, it will need to be replaced. Marian Billington, 5361 Madison Street, was concerned that if a fence was not installed that foot traffic would come from the Target lot to the new building and through the neighborhood. A fence would stop that traffic. She also had concerns about the heavy equipment on the roads and construction creating vibrations on the ground possibly creating structural damage to neighboring properties. Mr. McElmory said they would be glad to put up a fence and would be removing some soil but did not plan to put pilings in. There is good ground and the construction will not be deep so the ground will be higher and dryer to build on. Commissioner Velin asked for clarification that the society prefers to build a new building verses remodeling the current building. Mr. McElmory said that the current site is very limited. If they were to build on to the site the space that is needed, they would lose parking spaces and not have enough stalls to meet City Code requirements. They would like to build just once and to build new is the best option. Commissioner Velin commented that with all the stipulations, he felt that this should have gone before the Appeals Commission first and also had Petco's okay for the access. If Petco says no, what will happen to this request? Mr. Sikka said that he did talk to Petco four months ago and they are now the new owners. Once they come and look at the site he is pretty sure they will not have a problem granting access. Mr. Hickok said that the stipulations are not unusual from other requests. The issue with Petco is that if a variance is not granted, it could delay the project. Staff needs to anticipate all aspects and unfinished business but if Petco does grant the easement, everything else will fall into place. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING CLOSED AT 8:44 P.M. Chairperson Savage commended staff for the thorough report and research on this project. She would vote to approve this item with the stipulations as it does follow City Code. Commissioner Saba agreed and commented that a lot of other buildings could be noisier and bring in more traffic on a daily basis than this one. Commissioner Dunham asked for a stipulation to be added to include the construction of a fence. Commissioner Sieloff said that although the residents would like to see no development at all, other businesses could build in there that would be far worse than what is being proposed. Commissioner Velin said he did feel for the neighboring households but he would go along with the staff recommendations and it will be a while before the building will be completed. Commissioner Kondrick agreed with adding the fence stipulation. He asked if the type of fence should be specified in the stipulation or worked out between the parties involved. MOTION by Commissioner Kondrick to approve the consideration of a Special User Permit, SP #07-09, by Sikh Society of MN, to allow the construction of a worship facility in an R-1, Single Family Zoning District, generally located at 5350 Monroe Street with the following stipulations: 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire, and ADA code requirements. 3. Proposed building to be sprinkled per MN Rules Chapter 1306. 4. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building permit. 6. Petitioner shall meet any requirements identified by Six Cities Watershed District. 7. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 8. A protective railing to be installed on top of the proposed retaining wall around the storm pond. 9. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the construction of the new building shall be marked and approved by City staff prior to issuance of building permits, 10. All lighting on the property shall be shielded and downcast and shall not exceed three foot candles at the property line. 11. Access agreement from Petco/Target to be submitted to City staff prior to issuance of a building permit. 12. The petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's engineering department. 13. If petitioner is unable to obtain an access agreement from Petco/Target, the petitioner shall apply for and have approved a Wetland replacement plan from the City before a building permit shall be issued. 14. Petitioner shall install a fence between the subject property and the residential properties to the west. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 4. Receive the minutes of the September 10, 2007, Parks and Recreation Commission Meeting. MOTION by Commissioner Kondrick to approve the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 5. Receive the minutes of the June 13, 2007, Appeals Commission Meeting. MOTION by Commissioner Dunham to approve the minutes as presented. Seconded by Commissioner Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 6. Receive the minutes of the September 11, 2007, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to approve the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY OTHER BUSINESS Mr. Hickok thanked those who attended the Corridor Housing Initiative. A final report will be available on the web site and staff looks forward to future development. He also encouraged people to watch the upcoming HRA and Council Meetings as it relates to the North Star Corridor. A decision needs to be made if the City would like BNSF to dig out a box culvert. BNSF would like to dig the culvert so they can work the construction of the culvert so it won't disrupt their busy season next year. Fridley wants a stop in their city and staff will continue to seek Federal Funding for the construction of a rail station in our City. ADJOURN MOTION by Commissioner Kondrick to adjourn. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:54 P.M. Respectfully submitted, Krista Monsrud Recording Secretary � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2007 November 27, 2007 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Variance Request, VAR #07-06, Barry Hoosline M-07-37 INTRODUCTION The petitioner, Barry Hoosline, owner of Sam's Auto Parts, is requesting a variance to increase the height of a fence from 8 ft. to 10 ft. for the purpose of screening the storage of vehicles and equipment related to his junkyard operation. The subject business is spanned over 4 parcels, of which three of them are addressed at 7340 Central Avenue, 1240 73 %2 Avenue, and 1230 73�a Avenue. As you will recall, earlier this year, the property at 7340 Central Avenue was rezoned from C-1, Local Business to M-1, Light Industrial. A special use permit was also granted to allow the auto recycling business to continue to exist. City code requires that junkyards in an industrial district be allowed through a special use permit. As part of approval of the special use permit, several conditions need to be met. One of those is related to screening of the use. City Code states that all areas to be used for the storage of vehicles, supplies or equipment shall be enclosed by a fence, at least eight (8) feet in height. Various types of fencing currently surround the property. Many sections are 10 feet high; however, staff is unable to find any records of a variance to the eight foot code height limitation on these fences. In accordance with the approval of the special use permit to allow the junkyard to continue to exist, the petitioner plans to redevelopment the entire site. This will involve installing hard surface on the entire site, with curb and gutter, removal of all of the existing buildings, except the building currently used as a sales office, constructing a storm water pond on the site, building a new fence to enclose the entire site, and installing new landscaping. As a result, the petitioner is seeking a variance to increase the 8 ft. fence height requirement to 10 ft. APPEALS COMMISSION RECOMMENDATION At the November 14, 2007, Appeals Commission meeting, a public hearing was held for VAR #07-06. After a brief discussion, the Appeals Commission recommended approval of the variance, with the stipulations presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS 1. Proposed fence on the east side of the property shall be relocated to be 5 ft. from the interior parking lot curb. 2. Proposed fence to be re-designed to provide more architectural interest. Design to be approved by City staff prior to installation. 3. Proposed fence to be structurally engineered. Plans to be reviewed and approved by City staff prior to installation 4. Proposed fence to be placed outside vision safety zones at the corners of the subject property. 5. Any new signage on the property shall require sign permits. City of Fridley Land Use Application VAR #07-06 November 14, 2007 GENERAL INFORMATION Applicant: Barry Hoosline 1240 73'h Avenue NE Fridley, MN 55432 Requested Action: Variance to increase the fence height requirement Existing Zoning: M-1 (Light Industrial) Location: 1230 73 Avenue (two parcels) 1240 73'h Avenue 7340 Central Avenue Size: West unaddressed parcel: 9,259 sq. ft./.21 acres 1230 73�d Avenue, east parcel: 9,746 sq. ft./.22 acres 1240 73'h Avenue: 23,687 sq. ft./.54 acres 7340 Central Avenue: 19,547 sq. ft./.45 acres Total: 62.240 sa. ft./1.43 acres Existing Land Use: Industrial (Automobile Recycling Center) Surrounding Land Use & Zoning: N: M-1, Light Industrial E: R-2, Two-Family Residential S: M-1, Light Industrial W: M-1, Light Industrial Comprehensive Plan Conformance: Consistent with Plan (Redevelopment Area) Zoning Ordinance Conformance: Sec. 205.17.1.C.(8)((d)) requires an 8 ft. fence to screen any outdoor storage related to a junkyard. Zoning History: 1949 — Lots are platted. 1240 73'h Avenue 1959 — Building addition. 1976 — Rezoning to M-1. 1976 — SUP for car parts storage/sales. 1976 — Building alteration. 7340 Central Avenue 1951 — Garage constructed. 1969 — Chimney permit. 1976 — Fire damage repair. 1977 — Fire damage repair. 1982 — Letter sent suggesting rezoning. 1987 — SUP for exterior storage. 2007 — Rezoning to M-1. Legal Description of Property: Lot 16, 17, and 18, Block 2, Central View Manor SPECIAL INFORMATION Public Utilities: Only 1240 73 %2 and 7340 Central parcels are connected. Transportation: The properties can currently be accessed from 73 %2 Avenue, 73�d Avenue, and Central Avenue. Physical Characteristics: Two residential homes used for sales and storage, several storage buildings, garage, hard surface areas, dirt surface storage areas and a few landscaped areas. SU M MARY OF PROJECT The petitioner, Barry Hoosline, owner of Sam's Auto Parts, is seeking a variance to increase the fence height requirement from 8 feet to 10 feet for the purpose of screening the storage of vehicles and equipment related to his junkyard operation in an industrial district, which is generally located at 7340 Central Avenue. SUMMARY OF HARDSHIP "It is a belief of the owners of this property that granting this variance will among other things, lessen the hardship on the surrounding neighborhood. This property can be benefitted by this variance as a reasonable use would provide additional buffer between this use and the residential neighborhood across the street, as well as the community at large as they circulate around this property. Noise will be abated as well as sight conditions which might be objectionable to some." - Lawrence Marofsky, Attorney for the petitioner SU M MARY OF ANALYSIS City Staff recommends approval of the variance request to increase the height of the fence from 8 ft. to 10 ft., contingent on the relocation of the fence on the east side and contingent upon a new fence design with more architectural interest to be approved by City staff. CITY COUNCIL ACTION/ 60 DAY DATE City Council — December 3, 2007 60 Day — December 10, 2007 Staff Report Prepared by: Stacy Stromberg VAR #07-06 THE REQUEST The petitioner, Barry Hoosline, owner of Sam's Auto Parts, is requesting a variance to increase the height of a fence from 8 ft. to 10 ft. for the purpose of screening the storage of vehicles and equipment related to his junkyard operation. The subject business is spanned over 4 parcels, of which three of them are addressed at 7340 Central Avenue, 1240 73 %2 Avenue, and 1230 73�a Avenue. Earlier this year, the petitioner requested two separate land use actions from the City of Fridley in order to continue his auto recycling business, which has evolved on the site over time. The first request was for a rezoning for the parcel located at 7340 Central Avenue, from C-1, Local Business to M-1, Light Industrial. The parcels to the west of 7340 Central Avenue are zoned M-1, Light Industrial and in order to continue the business as an auto recycling center a rezoning needed to be granted as that type of business is not allowed in a commercial zoning district. The second request was for a special use permit to allow an auto recycling business. Despite the fact that this type of business has existed on this site for many years, a special use permit was never granted to allow it. Therefore, to continue the petitioners business, a special use permit needed to be granted. Both the rezoning and special use permit were approved by the City Council earlier this year. SUMMARY OF HARDSHIP "It is a belief of the owners of this property that granting this variance will among other things, lessen the hardship on the surrounding neighborhood. This property can be benefitted by this variance as a reasonable use would provide additional buffer between this use and the residential neighborhood across the street, as well as the community at large as they circulate around this property. Noise will be abated as well as sight conditions which might be objectionable to some." - Lawrence Marofsky, Attorney for the petitioner HISTORY The Sam's Auto Parts business is located on the northwest corner of 73�d and Central Avenues, diagonally across from Cummins Power. The business covers four parcels of land. The most westerly parcel is Lot 16 of Block 2 of the Central View Manor plat and does not have an address assigned to it. There is no building permit or zoning history on this parcel. This parcel has a concrete apron entrance off of 73 %2 Avenue (although it is addressed off of 73�d Avenue), but is unpaved on the remainder of the lot. It is primarily being used for the outside storage of vehicles. It is zoned M-1, Light Industrial. The next most westerly parcel of the four is 1230 73�d Avenue. This parcel is Lot 17 in the same plat. There are no City building or zoning records on this parcel either. This parcel is also primarily being used for the outside storage of vehicles but contains no paved areas. It is zoned M-1, Light Industrial. 1240 73 %2 Avenue is the address assigned to the Sam's Auto Parts business as it is the parcel where the business originated before expanding to include other parcels. This parcel contains the sales office (which was formally a single family home), three storage buildings, and parts racking. There are also many vehicles stored outside on this parcel. It appears that only the driveway into the site is paved. This parcel is also zoned M-1, Light Industrial. There are no City records of a building permit for the single family house at 7340 Central Avenue, so it is suspected that it was built prior to the 1949 platting of the area. This site also contains a garage building at the corner of 73 %2 and Central, which was formally a gas station. As a result of the rezoning approved for this site earlier this year, this property is also zoned M- 1, Light Industrial. CODE REQUIREMENTS City code requires that junkyards in an industrial district be allowed through a special use permit. As a result of the special use permit approval for this property earlier this year, this use as a junkyard is allowed. As part of approval of the special use permit, several conditions need to be met. One of those is related to screening of the use. City Code states that all areas to be used for the storage of vehicles, supplies or equipment shall be enclosed by a fence, at least eight (8) feet in height. Various types of fencing currently surround the property. Many sections are 10 feet high; however, staff is unable to find any records of a variance to the eight foot code height limitation on these fences. In accordance with the approval of the special use permit to allow the junkyard to continue to exist, the petitioner plans to redevelopment the entire site. This will involve installing hard surface on the entire site, with curb and gutter, removal of all of the existing buildings, except the building currently used as a sales office, constructing a storm water pond on the site, building a new fence to enclose the entire site, and installing new landscaping. As a result, the petitioner is seeking a variance to increase the 8 ft. fence height requirement to 10 ft. As part of the requirements for screening, City code requires that the fence be constructed so that no portion of the storage area is visible from any public right-of-way. The petitioner has submitted a site plan showing the proposed fence to be at least 10 ft. from the property line on all sides. The plans submitted by the petitioner also show the proposed fence as a simple board on board design. While staff is not in opposition of the variance to increase the height of the fence to 10 feet, the type and placement of the fence will be required to be changed as part of the approval of the variance. The building setbacks along Central Avenue both north and south of 73�d Avenue are fairly consistent at 35 ft. Therefore, installing a new 10 ft. screening fence along the corner of Central Avenue and 73�d Avenue will be intrusive upon neighboring properties and it could potentially obstruct views for the motoring public. As a result, City staff would request that the petitioner move the fence in along Central Avenue to be 5 ft. from the interior parking lot and then relocate any proposed landscaping between the fence and parking lot, to the east side of the fence. This will require the petitioner to move the fence west an additional 8 ft. The relocation of the fence an additional 8 ft. west on the property will not only interfere less with sight lines, it will also be more aesthetically pleasing along one of the key intersections in Fridley. As stated above, the petitioner is requesting to install a simple plank wood fence. Since, the site is being redeveloped; staff would suggest that a wood fence that provides more architectural detail be installed. Due to the increase in height and the fact that it is located on three street sides of the subject property, it will have significant visual impact on neighboring properties and overall corner of Central Avenue and 73�d Avenue. Something similar to the design shown here, which is a capped and framed board on board style, with the installation of additional landscape along the eastern side of the property will be less intrusive and provide a better image along the corridor. be designed to withstand wind load requirements. The petitioner has submitted structural engineering on the fence, so they are aware that they will need to meet that requirement. The fence will also need to LANDSCAPING REQUIREMENTS According to code requirements, the petitioner is required to provide 22 trees on the subject property. Of those 22 trees, 30% or 7 trees need to coniferous. According to the plan submitted by the petitioner they meet the coniferous allotment; however, they are short 1.5 trees. The landscape plan submitted shows that there are several apple trees proposed to be located around the storm pond. Staff would ask the petitioner to reconsider the use of apple trees around the storm pond due to potential water quality issues. STAFF RECOMMEDATION City Staff recommends approval of the variance request to increase the height of the fence from 8 ft. to 10 ft., contingent on the relocation of the proposed fence along the eastern property line and contingent upon a new fence design with more architectural interest to be approved by City staff. STIPULATIONS Staff recommends if the variance is approved, the following stipulations be attached. 1. Proposed fence on the east side of the property shall be relocated to be 5 ft. from the interior parking lot curb. 2. Proposed fence to be re-designed to provide more architectural interest. Design to be approved by City staff prior to installation. 3. Proposed fence to be structurally engineered. Plans to be reviewed and approved by City staff prior to installation 4. Proposed fence to be placed outside vision safety zones at the corners of the subject property. 5. Any new signage on the property shall require sign permits. 1. PUBLIC HEARING: VARIANCE REQUEST, VAR #07-06, BY BARRY HOOSLINE, Consideration of a variance to increase the fence height requirement from 8 feet to 10 feet for the purpose of screening the storage of vehicles and equipment related to a junkyard operation in an industrial district, generally located at 7340 Central Avenue, 1240 73 1/2 Avenue and 1230 73rd Avenue NE. MOTION by Commissioner Savage to open the public hearing. Seconded by Commissioner Jones. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:32 P.M. Stacy Stromberg, City Planner, stated the petitioner, Barry Hoosline, owner of Sam's Auto Parts, is requesting a variance to increase the height of a fence from 8 feet to 10 feet for the purpose of screening the storage of vehicles and equipment related to his junkyard operation. The subject business is spanned over 4 parcels, of which three of them are addressed at 7340 Central Avenue, 1240 73 '/z Avenue, and 1230 73rd Avenue. Ms. Stromberg stated earlier this year, the petitioner requested two separate land use actions from the City of Fridley in order to continue his auto recycling business, which has evolved on the site over time. The first request was for a rezoning for the parcel located at 7340 Central Avenue, from G1, Local Business to M-1, Light Industrial. The parcels to the west of 7340 Central Avenue are zoned M-1, Light Industrial and in order to continue the business as an auto recycling center a rezoning needed to be granted as that type of business is not allowed in a commercial zoning district. The second request was for a special use permit to allow an auto recycling business. Despite the fact that this type of business has existed on this site for many years, a special use permit was never granted to allow it. Therefore, to continue the petitioners business, a special use permit needed to be granted. Both the rezoning and special use permit were approved by the City Council earlier this year. Ms. Stromberg stated the summary of hardship is as follows: "It is a belief of the owners of this property that granting this variance will among other things, lessen the hardship on the surrounding neighborhood. This property can be benefited by this variance as a reasonable use would provide additional buffer between this use and the residential neighborhood across the street, as well as the community at large as they circulate around this property. Noise will be abated as well as sight conditions which might be objectionable to some." Ms. Stromberg stated Sam's Auto Parts business is located on the northwest corner of 73rd and Central Avenues, diagonally across from Cummins Power. The business covers four parcels of land. The most westerly parcel is Lot 16 of Block 2 of the Central View Manor plat and does not have an address assigned to it. There is no building permit or zoning history on this parcel. This parcel has a concrete apron entrance off of 73 '/z Avenue (although it is addressed off of 73ra Avenue), but is unpaved on the remainder of the lot. It is primarily being used for the outside storage of vehicles. It is zoned M-1, Light Industrial. Ms. Stromberg stated the next most westerly parcel of the four is 1230 73rd Avenue. This parcel is Lot 17 in the same plat. There are no City building or zoning records on this parcel either. This parcel is also primarily being used for the outside storage of vehicles but contains no paved areas. It is zoned M-1, Light Industrial. Ms. Stromberg stated 1240 73 '/z Avenue is the address assigned to the Sam's Auto Parts business as it is the parcel where the business originated before expanding to include other parcels. This parcel contains the sales office (which was formally a single family home), three storage buildings, and parts racking. There are also many vehicles stored outside on this parcel. It appears that only the driveway into the site is paved. This parcel is also zoned M-1, Light Industrial. Ms. Stromberg stated there are no City records of a building permit for the single-family house at 7340 Central Avenue, so it is suspected that it was built prior to the 1949 platting of the area. This site also contains a garage building at the corner of 73 '/z and Central, which was formally a gas station. As a result of the rezoning approved for this site earlier this year, this property is also zoned M-1, Light Industrial. Ms. Stromberg stated City code requires that junkyards in an industrial district be allowed through a special use permit. As a result of the special use permit approval for this property earlier this year, this use as a junkyard is allowed. As part of approval of the special use permit, several conditions need to be met. One of those is related to screening of the use. City Code states that all areas to be used for the storage of vehicles, supplies or equipment shall be enclosed by a fence, at least eight (8) feet in height. Ms. Stromberg stated various types of fencing currently surround the property. Many sections are 10 feet high; however, staff is unable to find any records of a variance to the 8-foot code height limitation on these fences. In accordance with the approval of the special use permit to allow the junkyard to continue to exist, the petitioner plans to redevelopment the entire site. This will involve installing hard surface on the entire site, with curb and gutter, removal of all of the existing buildings, except the building currently used as a sales office, constructing a storm water pond on the site, building a new fence to enclose the entire site, and installing new landscaping. As a result, the petitioner is seeking a variance to increase the 8-feet fence height requirement to 10 feet. Ms. Stromberg stated as part of the requirements for screening, City code requires that the fence be constructed so that no portion of the storage area is visible from any public right-of-way. The petitioner has submitted a site plan showing the proposed fence to be at least 10 feet from the property line on all sides. The plans submitted by the petitioner also show the proposed fence as a simple board-on-board design. While staff is not in opposition of the variance to increase the height of the fence to 10 feet, the type and placement of the fence will be required to be changed as part of the approval of the variance. Ms. Stromberg stated the building setbacks along Central Avenue both north and south of 73ra Avenue are fairly consistent at 35 feet. Therefore, installing a new 10-foot screening fence along the corner of Central Avenue and 73rd Avenue will be intrusive upon neighboring properties and it could potentially obstruct views for the motoring public. As a result, City staff would request that the petitioner move the fence in along Central Avenue to be 5 feet from the interior parking lot and then relocate any proposed landscaping between the fence and parking lot, to the east side of the fence. This will require the petitioner to move the fence west an additional 8 feet. The relocation of the fence an additional 8 feet west on the property will not only interfere less with sight lines, it will also be more aesthetically pleasing along one of the key intersections in Fridley. Ms. Stromberg stated the petitioner is requesting to install a simple plank wood fence. Since, the site is being redeveloped; staff would suggest that a wood fence providing more architectural detail be installed. Due to the increase in height and the fact it is located on three street sides of the subject property, it will have significant visual impact on neighboring properties and overall corner of Central Avenue and 73rd Avenue. Something such as a capped and framed board-on- board style, with the installation of additional landscape along the eastern side of the property, will be less intrusive and provide a better image along the corridor. The fence will also need to be designed to withstand wind load requirements. The petitioner has submitted structural engineering on the fence, so they are aware that they will need to meet that requirement. Ms. Stromberg stated according to code requirements, the petitioner is required to provide 22 trees on the subject property. Of those 22 trees, 30 percent or 7 trees need to coniferous. According to the plan submitted by the petitioner, they meet the coniferous allotment; however, they are short 1.5 trees. The landscape plan submitted shows that there are several apple trees proposed to be located around the storm pond. Staff would ask the petitioner to reconsider the use of apple trees around the storm pond due to potential water quality issues. Ms. Stromberg stated staff recommends approval of the variance request to increase the height of the fence from 8 feet to 10 feet, contingent on the relocation of the proposed fence along the eastern property line and contingent upon a new fence design with more architectural interest to be approved by City staff. Ms. Stromberg stated staff recommends if the variance is approved, the following stipulations be attached. 1. Proposed fence on the east side of the property shall be relocated to be 5 feet from the interior parking lot curb. 2. Proposed fence to be re-designed to provide more architectural interest. Design to be approved by City staff prior to installation. 3. Proposed fence to be structurally engineered. Plans to be reviewed and approved by City staff prior to installation 4. Proposed fence to be placed outside vision safety zones at the corners of the subject property. 5. Any new signage on the property shall require sign permits. Commissioner Savage asked whether they have heard any comments from the neighbors? Ms. Stromberg replied, no, they have not. Commissioner Jones asked if the fencing will not impact the visual safety zone from any direction? Ms. Stromberg replied, correct. Commissioner Jones stated he noticed there is no stipulation on the landscaping. Is that not needed? Ms. Stromberg replied as part of their rezoning and special use permit approval, it was stipulated that they comply with landscaping requirements. The City cannot tell them they cannot plant apple trees, staff is just suggesting that they plant a different type of tree around the pond. Commissioner Savage asked Mr. Hoosline if he has any problems with any of the stipulations or suggestions that have been made by staff? Mr. Hoosline, owner of Sam's Auto Parts, stated not at all; and he will change the trees that are by the water pond. Commissioner Jones asked Mr. Hoosline whether he has any problem with any of the five stipulations? Mr. Hoosline replied, no, he talked to Ms. Stromberg and he told her we have no problem moving the fence, they are not using that land anyways and it would look better with it moved in. MOTION by Commissioner Savage to close the public hearing. Seconded by Commissioner Jones. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:45 P.M. Commissioner Savage stated she would be in favor of the variance. The petitioner has done a lot to improve the property and intends to do a lot more to improve the property. She thinks there is a need for the 10-foot fencing. Commissioner Jones stated he is in inclined to vote in favor of it as he sees it would be beneficial that the fence be 10-feet vs. 8-feet because it provides more of a site screening. He is glad they also went through getting it rezoned in case a tornado comes through it still can be put back as the business they certainly need here. Commissioner Sielaff stated he does not have any problems with it. MOTION by Commissioner Savage approving Variance Request, VAR #07-06, by Barry Hoosline, to increase the fence height requirement from 8 feet to 10 feet for the purpose of screening the storage of vehicles and equipment related to a junkyard operation in an industrial district, generally located at 7340 Central Avenue, 1240 73 '/z Avenue and 1230 73rd Avenue NE with the following stipulations: 1. Proposed fence on the east side of the property shall be relocated to be 5 feet from the interior parking lot curb. 2. Proposed fence to be re-designed to provide more architectural interest. Design to be approved by City staff prior to installation. 3. Proposed fence to be structurally engineered. Plans to be reviewed and approved by City staff prior to installation 4. Proposed fence to be placed outside vision safety zones at the corners of the subject property. 5. Any new signage on the property shall require sign permits. Seconded by Commissioner Jones. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. 2. UPDATE ON PLANNING COMISSION AND CITY COUNCIL ACTIONS: Ms. Stromberg reminded the Appeals Commissioner that there will be a seminar on December 5, 2007 from 6:00-8:00 at City Hall for both Planning and Appeals Commission and she asked that the member try to attend the seminar. Ms. Stromberg also stated that the Draft of the Comprehensive Plan will go before the Planning Commission on December 19, 2007. Ms. Stromberg also stated that this is the last Appeals Commission meeting for the year. This has been a particularly slow year, with only have 4 variance requests. In 2006, the Commission heard 7 variance requests and in 2005, there were 13 requests. � � CffY DF FRIDLEY DATE: TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2007 November 28, 2007 William W. Burns Julianne Beberg, Planning Assistant SUBJECT: Proposed 2008, 60 Day Agency Action Dates for Planning and Appeals Commission meeting Dates Enclosed are the following dates for your review and approval of the proposed 2008, 60 Day Agency Action Dates for the Planning and Appeals Commission meeting dates. CITY OF FRIDLEY PLANNING 2008 DEVELOPMENT REVIEW SCHEDULE FOR PLANNING COMMISSION AND CITY COUNCIL ACTION City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. Planning Commission meetings start at 7:30 p.m. * Different date due to a holiday. ** Date subject to change. NO MEETING ON JANUARY 2, 2008, DUE TO THE NEW YEAR' S HOLIDAY! Application Deadline: December 14, 2007 15 Day Completion Notification: December 28, 2007 Publication Deadline: December 27, 2007 Planning Commission Meeting: January 16, 2008 City Council Meeting: January 28, 2008 60 Day Agency Action: February 11, 2008 Application Deadline: January 4, 2008 15 Day Completion Notification: January 18, 2008 Publication Deadline: January 17, 2008 Planning Commission Meeting: February 6, 2008 City Council Meeting: February 25, 2008 60 Day Agency Action: March 3, 2008 Application Deadline: January 18, 2008 15 Day Completion Notification: February 1, 2008 Publication Deadline: January 31, 2008 Planning Commission Meeting: February 20, 2008 City Council Meeting. March 10, 2008 60 Day Agency Action: March 17, 2008 Application Deadline: February 1, 2008 15 Day Completion Notification: February 15, 2008 Publication Deadline: February 14, 2008 Planning Commission Meeting. March 5, 2008 City Council Meeting. March 24, 2008 60 Day Agency Action: March 31, 2008 Application Deadline: February 15, 2008 15 Day Completion Notification: February 29, 2008 Publication Deadline: February 28, 2008 Planning Commission Meeting. March 19, 2008 City Council Meeting: April 14, 2008 60 Day Agency Action: April 14, 2008 - Page 2- City of Fridley - 2008 Planning Commission Schedule - City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. Planning Commission meetings start at 730 p.m. * Different date due to a holiday. ** Date subject to change. Application Deadline: February 29, 2008 15 Day Completion Notification: March 14, 2008 Publication Deadline: March 13, 2008 Planning Commission Meeting: Apri12, 2008 City Council Meeting: April 14, 2008 60 Day Agency Action: Apri128, 2008 Application Deadline: March 14, 2008 15 Day Completion Notification: March 28, 2008 Publication Deadline: March 27, 2008 Planning Commission Meeting: April 16, 2008 City Council Meeting: Apri128, 2008 60 Day Agency Action: May 12, 2008 Application Deadline: Apri14, 2008 15 Day Completion Notification: April 18, 2008 Publication Deadline: April 17, 2008 Planning Commission Meeting. May 7, 2008 City Council Meeting. May 19, 2008 60 Day Agency Action: June 2, 2008 Application Deadline: April 18, 2008 15 Day Completion Notification: May 2, 2008 Publication Deadline: May 1, 2008 Planning Commission Meeting. May 21, 2008 City Council Meeting: June 9, 2008 60 Day Agency Action: June 16, 2008 Application Deadline: May 2, 2008 15 Day Completion Notification: May 16, 2008 Publication Deadline: May 15, 2008 Planning Commission Meeting: June 4, 2008 City Council Meeting: June 23, 2008 60 Day Agency Action: June 30, 2008 Application Deadline: May 15 Day Completion Notification: Publication Deadline: Planning Commission Meeting: City Council Meeting: 60 Day Agency Action: 16, 2008 May 30, 2008 May 29, 2008 June 18, 2008 July 14, 2008 July 14, 2008 Page 3- City of Fridley - 2008 Planning Commission Schedule City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. Planning Commission meetings start at 730 p.m. * Different date due to a holiday. ** Date subject to change. NO MEETING ON JULY 2, 2008, DUE TO THE FOURTH OF JULY HOLIDAY! Application Deadline: June 13, 2008 15 Day Completion Notification: June 27, 2008 Publication Deadline: June 26, 2008 Planning Commission Meeting: July 16, 2008 City Council Meeting: July 28, 2008 60 Day Agency Action: August 11, 2008 Application Deadline: July 3, 2008 * 15 Day Completion Notification: July 17, 2008 Publication Deadline: July 17, 2008 Planning Commission Meeting: August 6, 2008 City Council Meeting: August 25, 2008 60 Day Agency Action: August 31, 2008 Application Deadline: July 18, 2008 15 Day Completion Notification: August 1, 2008 Publication Deadline: July 31, 2008 Planning Commission Meeting: August 20, 2008 City Council Meeting: September 15, 2008 60 Day Agency Action: September 15, 2008 Application Deadline: August 1, 2008 15 Day Completion Notification: August 15, 2008 Publication Deadline: August 14, 2008 Planning Commission Meeting: September 3, 2008 City Council Meeting: September 15, 2008 60 Day Agency Action: September 29, 2008 Application Deadline: August 15, 2008 15 Day Completion Notification: August 29, 2008 Publication Deadline: August 28, 2008 Planning Commission Meeting: September 17, 2008 City Council Meeting: September 29, 2008 60 Day Agency Action: October 13, 2008 Page 4— City of Fridley - 2008 Planning Commission Schedule City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. Planning Commission meetings start at 730 p.m. * Different date due to a holiday. ** Date subject to change. Application Deadline: August 29, 2008 15 Day Completion Notification: September 12, 2008 Publication Deadline: September 11, 2008 Planning Commission Meeting: October 1, 2008 City Council Meeting: October 13, 2008 60 Day Agency Action: October 27, 2008 Application Deadline: September 12, 2008 15 Day Completion Notification: September 26, 2008 Publication Deadline: September 25, 2008 Planning Commission Meeting: October 15, 2008 City Council Meeting: October 27, 2008 60 Day Agency Action: November 10, 2008 Application Deadline: October 3, 2008 15 Day Completion Notification: October 17, 2008 Publication Deadline: October 16, 2008 Planning Commission Meeting: November 5, 2008 City Council Meeting: November 17, 2008 60 Day Agency Action: December 1, 2008 Application Deadline: October 17, 2008 15 Day Completion Notification: October 31, 2008 Publication Deadline: October 30, 2008 Planning Commission Meeting: November 19, 2008 City Council Meeting: December 8, 2008 60 Day Agency Action: December 15, 2008 Application Deadline: October 31, 2008 15 Day Completion Notification: November 14, 2008 Publication Deadline: November 13, 2008 Planning Commission Meeting: December 3, 2008 City Council Meeting: December 15, 2008 60 Day Agency Action: December 29, 2008 - Page 5— City of Fridley - 2008 Planning Commission Schedule - City Council meeting dates are contingent upon the outcome of the Planning Commission meeting, and also need of a public hearing before the City Council. Planning Commission meetings start at 730 p.m. * Different date due to a holiday. ** Date subject to change. Application Deadline: November 14, 2008 15 Day Completion Notification: November 26, 2008 * Publication Deadline: November 26, 2008 * Planning Commission Meeting: December 17, 2008 City Council Meeting: Jan 5, or Jan 12, 2009 ** 60 Day Agency Action: January 12, 2009 CITY OF FRIDLEY APPEALS 2008 DEVELOPMENT REVIEW SCHEDULE FOR APPEALS COMMISSION AND CITY COUNCIL ACTION The Appeals Commission has final action on residential requests, unless there are objections from surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendation from the Appeals Commission. Appeals Commission meetings start at 7:30 p.m. * Different date due to holiday. ** Date subject to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: December 7, 2007 15 Day Completion Notification: December 21, 2007 Appeals Commission Meeting: January 9, 2008 City Council Meeting: January 28, 2008 60 Day Agency Action: February 4, 2008 Application Deadline: December 21, 2007 15 Day Completion Notification: January 4, 2008 Appeals Commission Meeting: January 23, 2008 City Council Meeting: February 11, 2008 60 Day Agency Action: February 18, 2008 * Application Deadline: January 11, 2008 15 Day Completion Notification: January 25, 2008 Appeals Commission Meeting: February 13, 2008 City Council Meeting: February 25, 2008 60 Day Agency Action: March 10, 2008 Application Deadline: January 25, 2008 15 Day Completion Notification: February 8, 2008 Appeals Commission Meeting: February 27, 2008 City Council Meeting. March 10, 2008 60 Day Agency Action: March 24, 2008 Application Deadline: February 8, 2008 15 Day Completion Notification: February 22, 2008 Appeals Commission Meeting. March 12, 2008 City Council Meeting. March 24, 2008 60 Day Agency Action: Apri17, 2008 - Page 2— City of Fridley — 2008 Appeals Commission Schedule - The Appeals Commission has final action on residential requests, unless there are objections from surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendation from the Appeals Commission. Appeals Commission meetings start at 7:30 p.m. * Different date due to holiday. ** Date subject to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: February 22, 2008 15 Day Completion Notification: March 7, 2008 Appeals Commission Meeting. March 26, 2008 City Council Meeting: April 14, 2008 60 Day Agency Action: Apri121, 2008 Application Deadline: March 7, 2008 15 Day Completion Notification: March 21, 2008 Appeals Commission Meeting: Apri19, 2008 City Council Meeting: Apri128, 2008 60 Day Agency Action: May 5, 2008 Application Deadline: March 21, 2008 15 Day Completion Notification: Apri14, 2008 Appeals Commission Meeting: Apri123, 2008 City Council Meeting. May 5, 2008 60 Day Agency Action: May 19, 2008 Application Deadline: April 11, 2008 15 Day Completion Notification: Apri125, 2008 Appeals Commission Meeting. May 14, 2008 City Council Meeting: June 9, 2008 60 Day Agency Action: June 9, 2008 Application Deadline: Apri125, 2008 15 Day Completion Notification: May 9, 2008 Appeals Commission Meeting. May 28, 2008 City Council Meeting: June 9, 2008 60 Day Agency Action: June 23, 2008 Application Deadline: May 9, 2008 15 Day Completion Notification: May 23, 2008 Appeals Commission Meeting: June 11, 2008 City Council Meeting: June 23, 2008 60 Day Agency Action: July 7, 2008 - Page 3— City of Fridley - 2008 Appeals Commission Schedule - The Appeals Commission has final action on residential requests, unless there are objections from surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendation from the Appeals Commission. Appeals Commission meetings start at 7:30 p.m. * Different date due to holiday. ** Date subject to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: May 23, 2008 15 Day Completion Notification: June 6, 2008 Appeals Commission Meeting: June 25, 2008 City Council Meeting: July 14, 2008 60 Day Agency Action: July 21, 2008 Application Deadline: June 6, 2008 15 Day Completion Notification: June 20, 2008 Appeals Commission Meeting: July 9, 2008 City Council Meeting: July 28, 2008 60 Day Agency Action: August 4, 2008 Application Deadline: June 20, 2008 15 Day Completion Notification: July 3, 2008 * Appeals Commission Meeting: July 23, 2008 City Council Meeting: August 11, 2008 60 Day Agency Action: August 18, 2008 Application Deadline: July 11, 2008 15 Day Completion Notification: July 25, 2008 Appeals Commission Meeting: August 13, 2008 City Council Meeting: August 25, 2008 60 Day Agency Action: September 8, 2008 Application Deadline: July 25, 2008 15 Day Completion Notification: August 8, 2008 Appeals Commission Meeting: August 27, 2008 City Council Meeting: September 15, 2008 60 Day Agency Action: September 22, 2008 Application Deadline: August 8, 2008 15 Day Completion Notification: August 22, 2008 Appeals Commission Meeting: September 10, 2008 City Council Meeting: September 29, 2008 60 Day Agency Action: October 6, 2008 - Page 4— City of Fridley - 2008 Appeals Commission Schedule - The Appeals Commission has final action on residential requests, unless there are objections from surrounding neighbors or the petitioner does not agree with the Commission's decision. If any of these events occur, the request will continue to the City Council, with only a recommendation from the Appeals Commission. Appeals Commission meetings start at 7:30 p.m. * Different date due to holiday. ** Date subject to change. All commercial or industrial requests will always continue to the City Council. Application Deadline: August 22, 2008 15 Day Completion Notification: September 5, 2008 Appeals Commission Meeting: September 24, 2008 City Council Meeting: October 13, 2008 60 Day Agency Action: October 6, 2008 60 Day Agency Action Extension: December 4, 2008 Application Deadline: September 5, 2008 15 Day Completion Notification: September 19, 2008 Appeals Commission Meeting: October 8, 2008 City Council Meeting: October 27, 2008 60 Day Agency Action: November 3, 2008 Application Deadline: September 19, 2008 15 Day Completion Notification: October 3, 2008 Appeals Commission Meeting: October 22, 2008 City Council Meeting: November 10, 2008 60 Day Agency Action: November 17, 2008 Application Deadline: October 10, 2008 15 Day Completion Notification: October 24, 2008 Appeals Commission Meeting: November 12, 2008 City Council Meeting: December 8, 2008 60 Day Agency Action: December 8, 2008 No meeting on November 26th due to the Thanksgiving holiday! Application Deadline: November 7, 2008 15 Day Completion Notification: November 21, 2008 Appeals Commission Meeting: December 10, 2008 City Council Meeting: Jan. 5 or Jan. 12, 2009 ** 60 Day Agency Action: January 5, 2009 60 Day Agency Action Extension: March 5, 2009 No meeting on December 24th due to the Christmas holiday! � � �fTY �F FRIDLEY i'�: FROM.• SUBJECT.• Date: AGENDA ITEM COUNCIL MEETING OF DECEMBER 3, 2007 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR JIM KOSL UCHAR, PUBLIC WORKS DIRECTOR A RESOLUTIONABATING ANASSESSMENT FOR A PROPERTY WITHIN THE 2007-1 STREET IMPROVEMENT PROJECT November 29, 2007 On the evening of October 22, 2007, Staff presented the final assessment roll and resolution associated with the 2007-1 Street Project. Upon further review by the Engineering Department, it was discovered that one property was inadvertently included with the 333 properties that were assessed for the improvement. The Engineering Department has requested that the following property be removed from the assessment role being provided to the County: PIN 233024240078 Address 369 57th Place NE Amount $2,723.20 Staff recommends the approval of the resolution abating the assessment for PIN # 233024240078 that was included within the Street Improvement Project ST 2007-1. RDP/me Attachment RESOLUTION NO. - 2007 A RESOLUTION ABATING AN ASSESSMENT FOR A PROPERTY WITHIN THE STREET IMPROVEMENT PROJECT ST 2007-1 WHEREAS, the City Council on the evening of October 22, 2007 approved the final assessment properties adj acent to and benefitting from Street Improvement Proj ect ST 2007-1; and WHEREAS, due to the magnitude of the Street Improvement Project ST 2007-1 and the number of properties included in the assessment roll, one property was inadvertently included and should be removed, and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley, is abating the principle amount of the Street Improvement Project ST 2007-1on the following lot: PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2007. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2007 William W. Burns, City Manager James P. Kosluchar, Public Works Director November 29, 2007 Consulting Services Agreement for 2008 GIS Technical Assistance I:,L�LIIIQI7:7►J, Attached is a proposed consulting services agreement for GIS services for 2008. 3M provides GIS services including data entry and mapping to enable the City of Fridley to analyze and manage data and associated attributes which are spatially referenced. The personnel involved in this contract have been servicing the Cities of Fridley, Columbia Heights, and Andover for several years. The proposed 2008 contract is the same as our 2007 contract, with the exception of a rate increase of 5%. This amounts to a$565 annual increase for this service. I spoke briefly with Scott Hickok, Community Development Director, and he agrees with engineering staffthat we have received excellent service and value in the past with this contract. Staff recommends approval and authorization of the proposed contract for 2008. JPK; j k Attachment � • 0 CONSULTING SERVICES AGREEMENT This Agreement is made as of , 200_ (the "Effective Date"), by and between 3M COMPANY, a Delaware corporation, acting through its Traffic Safety Systems Division ("3M" or "Contractor") and the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri-City." 3M and Tri-City are collectively referred to as "Parties" and individually as a "Party." WHEREAS, Tri-City requires services to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. TERM 1.1 Term. The term of this Contract sha11 be from January 1, 2008, through December 31, 2008, unless earlier terminated by law or according to the provisions of this Contract. 2. CONTRACTOR'S OBLIGATIONS 2.1 General Description. Contractor will provide 2,361 hours annually of onsite GIS technical assistance to Tri-City. The Contractor will spend approximately 80 hours per month per each city in Andover and Fridley, and approximately 37 hours per month in the City of Columbia Heights. Additional hours may be contracted as provided in Section 3.4. 2.2 Conformance to Specification. The Contractor will provide the Services as set forth in Exhibit A. 41 0 2.3 Limited Warrantv 3M warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards and this Agreement. � 3M MAKES NO OTHER WARR.ANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARR.ANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF' DEALING, A CUSTOM OR ' USAGE OF TRADE. 3. PAYMENT 3.1 Service Fees The Contractor's fees for Services are set forth below ("Service Fees"). Service Fees do not include any taxes that may be due based on the Service Fees; or for reimbursable expenses, for which Tri-City agrees to pay directly or reimburse 3M. Total Service Fees: ,$80,275.0—° to be allocated as follows: Andover-$32,640.0-0, or 40%; Fridley-32,640.0-0, or 40%; Columbia Heights-$14,995.0-0, or 20% 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services ' were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all . reimbursable expenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 33 Time of Payment. All invoices are due within thirty days from the invoice date. If Tri-City disputes any portion of Contractor's invoice, then Tri-City will: (a) pay any amount not in dispute by the due date; and (b) within five business days after receipt of that invoice, inform Contractor in writing of the disputed amount and the specific reason(s) for withholding payment. On � Contractor's receipt of this, the Parties will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. Tri- City agrees to pay any disputed amounts within five days after the issues have been resolved. 3.4 Tri-City shall have the right to request changes within the scope of the Services; however, all such changes are subject to acceptance by Contractor. If any change causes an increase or decrease in the fees, or in the time required for performance, prior to commencing the services required by the requested change, Contractor shall notify Tri-City of such increase or decrease and the Agreement shall be modified in writing accordingly. Contractor shall not proceed with any change until a written , amendment has been accepted by Contractor; however Contractor's right to payment for such change sha.11 not be affected in the event Contractor agrees in writing to proceed prior to the completion of such amendment. 4. COMPLIANCE WITH LAWS/STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. 5. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how zo best perform or provide services. 6. INDEMNIFICATION Contractor shall indemnify, hold harmless and defend Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which Tri-City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents; servants or employees, in the execution, performance, or failure to adequately perform Contractor''s obligations pursuant to this Contract. �3 7. INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least thirty (30) days written notice to Tri-City of intent to cancel. 7.2 Coverage. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed canier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include� the following coverages at a minimum: Personal Injury/Damage: $200,000 per person $600,000 per occurrence Bj Workers' Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri-City. - 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above until such time the Contractor complies with the requirements of this Section. .. � 8. SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. 9. DEFAULT 9.1 Inability to perform. Contractor sha11 make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri-City in writing whenever it is unable to or reasonably believes it is going to be unable to provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Dutv to Mitigate• - Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERMINATION 10.1 With or Without Cause. Notwithstanding any other provision of this Contract, either Party may terminate this Contract at any time for any reason by giving thirty (30) days written notice to the other. Tri-City shall pay to Contractor the reasonable value of services received from Contraetor as of the termination date. 10.2 Notice of I�efault. Either Party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the Party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (10) days, or such additional time as may be mutually agreed upon, then the whole or any part of this Contract may be terminated by written no�ice. �5 10.4 Notice of Termination. . Notice of Termination shall be made by certified mail or personal delivery to the other Party's Authorized Representative. Notice of Termination is deemed effective upon delivery to the address of the Party as stated in paragraph 12. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any Party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination, in accordance with the laws of the State of Minnesota. 1 l. CONTRACT RIGHTS/REMEDIES 11.1 Rights Cumulative. All remedies available to either Party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri-city and Contractor. 11.3 Force Majeure Contractor will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other similar conditions beyond the control of Contractor. 0 12. AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. � . e c ❑ c 13. To Contractor: Division Vice President Traffic Safety Systems Division 3M Center Building 225 ST. Paul, MN 55144 Fridlev: Director of Public Works City of Fridley 6431 University Avenue NE Fridley, MN 55432 MODIFICATIONS Andover: City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Columbia Hei�hts: Public Works Director City of Columbia Heights 637 - 38�' Avenue NE Columbia Heights, MN 55421 Any alterations, variations, modifications, or waivers of the provisions of this Contract sha11 only be valid when they have been reduced to writing, and signed by authorized representatives of Tri-City and Contractor. 14. LIMITATION OF LIABILITY. NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS ' LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. � 15. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either Party. 4�7 16. MERGER Final Agreement. This Contract is the final statement of the agreement of the Parties and the complete and exclusive sta.tement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. 17. DISPUTE RESOLUTION 17.1 This Agreement will be construed and enforced according to the laws of the � Staxe of Minnesota, without regarding to its conflicts of law rules. Any litigation regarding this Agreement must be filed and maintained in the state or federal courts of the State of Minnesota and the Parties consent to the personal jurisdiction of such courts. No provision of this Section 17 will preclude either Party seeking injunctive relief to prevent immediate or ineparable �arm to it, but the mediation stated in Section 17.3 will otherwise be fully exhausted before the commencement of any litigation. 17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A NRY TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other action, regardless of form, relating to this Agreement, including, without limitation, an action for breach of warranty, must be commenced within one year after the later of: (a) date on which the breach of warranty or other cause of action occurred; or (b) date on which that Party knew or should have known of that breach of warranty or other cause of action. 17.3 Prior to commencement of any litigation regarding this Agreement, the Parties agree to voluntary, non-binding mediation to resolve any dispute they may have. The mediation will be conduct by a mutually selected mediator (or if the Parties cannot agree, by a mediator selected by the CPR Institute for Dispute Resolution), in accordance with the CPR Institute's Model Procedure for Mediation of Business Disputes. The Parties will each • pay its own attorneys' fees and will share equally the other mediation costs. While this mediation will be non-binding in all respects (except agreements in settlement of the dispute negotiated by the Parties), each Party will appear when directed by the mediator, be fully prepared to work toward the dispute's resolution, and participate in good faith. If the mediation does not result in a mutually satisfactory resolution of the dispute within ninety days after it is begun, either Party may commence an action as permitted under Sections 17.1 and 17.2. All negotiations between the Parties pursuant to this Section 17 will be treated as compromise and settlement negotiations for ' � • " purposes of the applicable rules of evidence. � � 0 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. - CONTR.ACTOR TRI-CITY GIS ORGANIZATION By: � By: Title: Title: Date: Date: By: Title: Date: � By: _ Title: Date: Exhibit A Contractor shall provide the following services generally described as GIS On- Site Support, including but not limited to: • Maintain and edit all GIS data.sets being used for Companies GIS • Create new datasets by: o Heads up digitizing o Merging new datasets o Spatial analysis o Geoprocessing o Geocoding • Create and update GIS maps • Advise Tri-City on GIS projects and software • Maintain and keep records of GIS-related software and software licenses • Customize GIS software where applicable • Customize and maintain GIS related web pages Other non-GIS services: • Create and maintain Microsoft Access databases • Customize forms and reports using Microsoft Access �1 0 � � � 0 � 0 � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2007 William W. Burns, City Manager James P. Kosluchar, Public Works Director November 28, 2007 2007 Street Improvement Project - Change Order No. 3 PW07-061 Attached is Change Order No. 3 for the 2007 Neighborhood Street Improvement Proj ect No. ST. 2007-1. This change order is due to many unforeseen conflicts during the project. Item 1 The existing cast iron watermain broke during construction at Ballet Boulevard and Concerto Curve during grading operations. The break occurred 9 feet underground and there had been no excavation work in the area prior to the break The water had to be shut off, the grade was excavated down to the watermain and repairs were made to stop the leak The City's Water Department assisted with locating and shutting off the gate valves. Forest Lake Contracting provided the remaining manpower, materials and equipment to repair the leak. Cost: $1,514.74 / Funding: Water Utility. Item 2 While the light fixtures were down during the grading of the ballfields in Community Park, it was suggested that we replace the 30 HID bulbs. This saved us of the need to use an aerial truck to replace the bulbs. Many of the bulbs were not working or were old. Cost: $2,100.00 / Funding: Park Capital Outlay. Item 3 Jefferson Street was widened and adjusted slightly. This put 5 curb stops in the street or in the curbline. These were excavated and moved back out of the way. Cost: $7,437.35 / Funding: Water Utility. Item 4 Forest Lake Contracting provided the street sweeper for our mill and overlay proj ect removing excess leaves from the road surface. This work was outside of the scope of the 2007 reconstruction proj ect, but adj acent to it. City forces were busy with Fall sweeping. We utilized Forest Lake Contracting to reduce mobilization costs and to save time. Cost: $295.00 / Funding: Street Proj ect ST 2007-2. Item 5 Two driveway aprons from the 2006 Street improvement proj ect were built incorrectly, with a small hump j ust behind the curbline, causing the homeowners to drag their bumpers when entering the driveways. Forest Lake Contracting was able to provide a cost effective and timely solution to this problem since they had equipment in the immediate area. Cost: $3,678.67 / Funding: Street Proj ect ST 2007-01. Page 1 of 2 Item 6 Adjustments to the elevation and position of the streets made it impossible to grade several properties with a safe and maintainable slope. We added retaining walls in order to satisfy these requirements and the homeowners. Cost: $4,633.52 / Funding: Street Proj ect ST 2007-01. The proposed total work of this change order is $19,659.28. The fund impacts are summarized below: Water Utility Fund ST 2007-02 ST 2007-01 Parks Capital Outlay Total $8,952.09 $295.00 $8,312.19 $2,100.00 $19,659.28 The revised contract amount would be increased to $2,441,316.53. This is 0.5% over the original contract amount of $2,429,062.5. We anticipate that this is the final change order for this project. Staff recommends the City Council approve Change Order #3 to Forest Lake Contracting, Inc. in the amount of $19,659.28. JPK; db Attachments Page 2 of 2 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 December 3, 2007 SUBJECT: Change Order No. 3 for the 2007 Street Improvement Project No. ST2007-1 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the 2007 Street Improvement Project No. ST2007-1 by adding the following work: ITEM ITEM DESCRIPTION COST 1 Water break Ballet & Concerto; Repair Watermain break. $1,514.74 2 Replace lighting lamps at Community Park. $2,100.00 3 Move Curb stops on Jefferson Street $7,437.35 4 Sweep 7th Street for mill and overlay $295.00 5 Jackson Street Asphalt driveway corrections. $3,678.67 6 Retaining wall work, 5933 4th, 6th, ... $4,633.52 TOTAL $19,659.28 Submitted and approved by James P. Kosluchar, Public Works Director, on the 29th day of November, 2007. James P. Kosluchar Public Works Director / City Engineer Approved and accepted this day of , 2007 by Forest Lake Contracting, Inc. Approved and accepted this day of , 2007 by CITY OF FRIDLEY Scott J. Lund, Mayor Wlliam W. Burns, City Manager Page 1 of 1 � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2007 William W. Burns, City Manager John Berg, Fire Chief November 26, 2007 Change Order and Final Payment for Rescue Trucks During construction of the two rescue trucks being built by Rosenbauer Firefighting Technology (General Safety Fire Apparatus) the Fire Department identified and requested change orders. Attached are the change orders for each of the two rescue trucks. 1. Change Order #4 — The Fire Department asked to have the General Safety Contract specified "diamond tread plate" on the rear of the truck changed to a"smooth aluminum painted surface". The additional cost is $1,082 per vehicle. 2. Change Order #6 — The Fire Department requested the computer mounts not be purchased and installed by General Safety. This resulted in a debit of $200 per vehicle. 3. Change Order #7 — The Fire Department requested that the interior of the front and rear compartments have smooth walls covering the tubular construction like the middle compartments. Both the City and General Safety bid specifications were silent on this so General Safety agreed to split the cost. The additional cost is $1,170 per vehicle. Staff recommends that City Council approve Change Orders 4- 7 for JOB #: 2731 and Change Orders 4-7 for JOB #: 2732 for two rescue trucks in the amount of a debit totaling $4,104.00. Staff also recommends final payment to General Safety Equipment, LLC in the amount of $64,797.00 for JOB#: 2731 and $65,287.00 for JOB#: 2732. _ . . ..... . ..... ��.\ / , �I C r_,;.�.s.- . 1 _ `t� � \�� INVO�CE INYOICE NO: 6393T DATE: 11J14/07 To: Fridley Ffre Department 6431 University Avenue N.E. Fridley, MN 55432 GENERAE SAFETY EQUiPAAENT, LLC A DIVISION OF ROSENBAUER AMERICA. P.O. BOX 549 WYOMING, MN 55092 / USA Phone (651) 462-9 000 Fax (651) 462-1700 Job #: 2731 QuaMif�r Descrip�on Unit Price Tot�l Amount General Safety Mini-Rescue Per Contract 5�+�.� Pre-Production Changes (see at�achec� 2,534.00 Change Orcler #2 (see aftachedj (641.00j Change Orcier �3 (see attached) (7,743.00) Change Order #4 (see attached} ��2•� Change Order � (see ariach�� •�1 Change Ortler #7 (see attached) 1,170.00 VIN: 1 FDXW4?Y57EA85572 Bank Wiring Instructio�: Genera! Safeiy Equipment, L.LC. Name and,4ddr+ess of Bank: We{Is Fargo Bank Minnesota, N.A. Forest Lake Offtce 208 South Lake Street � Forest Lake, MN 55025 Tetephone Number. 651-205-5713 Bank Ro�ting Number. 0910�0019 Bank Acoount Number. 397 200 1140 . Bank Account Name:- Rosenbauer America. L.L.C. � d.b.a. General Sa E ui ment, L.LC. TOTAL: 564,7s7.00 Nei Due Upon Defivery o# Apparatus Make aq checks payabie fo General Safiety Equipment If you have any ques6ons conceming this invoice, please catl (651) 462 1000 THANK YOU! 55 FJreflyhUrn� Tectusalagy Pre-Production Changes Fridley Fire Department - Mini Rescue (2-door) DATE: See Below (Items be%w are incorporated info shop order) JOB #: 2731 (wh) 0 0 We hereby agree to make change(s) specified above at this price $2,534 PREVIOUS CONTRACT AMOUNT $62,595 _ REVISEDCONTRACTAMOUNT $65,129 Due to lead fimes of components and in fabrication this Change Order may delay delivery. ACCEPTED - The above price and specifications of the Change Order are satisfactory and are hereby accepted. Afl _ work to be performed under same tertns and conditions as specified in original contract unless othervvise stipulated. Date accepted � �! —0 Date accepted +-_!/3 r �� rosenbauer FfrellghEfng 7echnatqqy �Ar�: os.2n.o� JOB #: 2731 (wh) CHANGE 4RDER # 1 Fridley Fire Department - Mini Rescue (2-door) We hereby agree to maka change(s) specified above af thfs price � PREViOUS CONTRACT AMOUM' $65,129 REVISED CONTRACT AMOUNT $65,129 Due to lead times of componeMs and In fabrication this Change Order may detey del'nrery. ACCERTED - The above price and speafic�ions of the Change OMer ara satisfactory and are hereby aoarpted- Ap work bo be pertormed under same terms and condiflons as specified in original conttad untess athervvise stiputated. 57 65t4621700 Rosenbauer Generai D�v 16=12:49 07-24-20UT 215 � CHANGE ORDER # 2 • Fridley Fire Department - Mini i�escue (2-daor) rasen�uer Flretighda9 :�+do9Sf DATE: Juty 23, 2007 JOB #: 2731(wh) We hereby agree ta make change(s).speCfied above at this�price i�� ) PREVIOUS COMTRACT 14MOUIdT 565,129 REVISED GOIVTRACT AMOUIVT �64,488 Due to lead times of compor�ents and in fabrication thi.s Cieange Order may delay delivery. ACCEPTED - The ebove price artd specaflcaHons of the.Change Order are satisfadory and are hereby �oept�. NI wor[c to ba performed under same terms and cond�ions as speC�d in original CflntraCt unless otherwise stfpulated. �� tS -o Da� acaepled tS '�V` � G' g8 ' I 6514fi21700 Rosenbauer General Div 16:13:23 07-24-2007 3 I5 a ' CHANGE 4RDER # 3 Fridiey Fire Department - Mini Rescue (2-door) ro5enbauer F/reflQlrKng 7'rCluro��gAt DATE: July 24, 2007 JOB #: 2731 (wh) � INe he�by.agree to make change(sl sPe�� oxe af this pcice (57,743) PREVIOUS CONTRACT AMOUNT �4�488 REVISED CONTRACT AMOUM' $�,7�� Due to lead times of componerds and in fatx'�ca6on. this Change Order rr�ay delay de�ivery. ' q�CCEPTEO . The above price and spec�ions of the Change Order are satisfedory and are hereby aecepted. AR wak to be perfrnmed under same terms and cond6o� as specified in original Ga►tract untess off►ervuise stipulated. �� b�-�� rosen6auer FlrefYg►htfng Tethno(a�gy CHANGE ORDER # 4 Fridley Fire Department - Nlini Rescue (2-door) DATE: July 31, 2007 JOB #: 2731 (wh} We 6eieby agree to make change fs) specified above at ihfs price �� .�2 PREVIOUS CONTRACT AMOUNT $62,745 REVISED COPfTRACT AMOUNT $63,827 Due to Iead bmes of components and &� fabdcafion this Change Order may delay delivery. ACCEPT'ED - The above price and speci�cations ot the Ghange OMer are sat�fedory and are hereby accepbed. Alt ,erork to be pertortnad under same ferms and conditions as speafied in odginal corrtract uniess otherwise stipulated. � 1� rosenbauer Flreflghting Technaalogy CHAIdGE ORDER # 5 Fridley Fire Department - Mini Rescue (2-doorj QATE: October 3, 2007 JOB #: 2731 (wh) We he�+eby agree to make change(s) specfied above af this price � PREVIOU5 CONTRACT AMOUNT $63,827 � REVISED CONTRACT AMOUNT $63.827 Due to lead times of compunecrts and in fabrkadon this Cnange Order may d�ay delivery. AGGEPTED - The above price and specifications aF the Change Order are satksFadory a� are he�eby accepted. All wotk to be pertortned under same terms arxi conditions as specified 'm original conhact unless otherwise stiputated. 61 co�enbauer Ftretiphtfrrg Fgtf�notqgy CHANGE ORDER # 6 Fridley Fire Department - Mini Rescue (2-door) DATE: October 5, 2007 JOB #: 2731 (wh) We herehy agree to make change(s) specified above at �is price i��) PREVtOUS CONTRACT AMOUNT $63.827 REVISED COIVTRACT AMOUNT $63,627 Due to lead tir�s of compone� and fi fabrication this C�ange Order may delay defnrery. ACCEPTEd -'fhe above price and speaficaHona of the Change Order are satisfactory and are hereby accepted. All work to 6e performed under same tetms and conditlorts as spedfied In original contrad unless othervrise stipulated. 62 �� r � - s � � � _ ■ i_ _ _ Fridiey Fire Department - Mini Rescue (2-door) DATE: Cktober 23, 2007 J08 #: 2731 (wrh) SPEC NO. DESCRIPTlON OF CHANGE COST ADD: The entire fionaar�d waall of L1/R1 induding the fransverse area is to be IB-02 2910 endosed with smoo�h alumtrtum. 9 1 � ADD: The reannrard wa� of L1 & R7 are fio be e� wilh � KB-02 2910 a4uninum BUT PIO7"E 1he ce�er transverse area ses a ADD: The foM►ard and r�vvard interior walls af L3 �td R3 are to be KB-02 2810 enclosed vriih smooih aluminum. s�+ NOTE; Uni-.SUut is to be ins�lied on the smooth aNunin�nn sheei.a for LL-142000 moun ' sheives e�c. as stafied in the a+der . r.'�:�� o-.z: S� L" We hereby agree to make change(s) specifred above at ft►fs price - PREVlOUS CONTRACT AMOUNT REVISED CONTRACT AMOUNT Dt� to kad t'enes of cvmpone�s and � fab�ic�tion th� Change Order may delay deli+nrery. ACCEPTED - The above prioB ar�d spedficatio� of the Change Order are satfsfadory and are heneby a�:oap�d. AN wodc to be per�ortned u� same tetms and condiHons as spedfied in original contraci unie� othe�wise sdpulate�. �� 1�77� $64,fl75 $65.245 • ��\ / :� � � ', � `� ..,� ,, � , 1NVOICE NO: 63938 DATE: 71/14/07 — Updated 11/26/07 To: Fridley Fire Departmerrt 6431 Universtty Avenue N.E Fridley, MN 55432 GENERAL SAFETY EQU{PMENT, LLC A DNfSION OF ROSENBAUER AMERtCA ' P.O. BOX 549 WYOMING, MN 55092 / USA Phone (651) 462-1000 F2uc (651) 462-1700 Job #: 2732 Quarrtitsr Descripfion Unit Price Totat Amount General Safety Mini-Rescue Per Contra�t 562;595.00 Pr+e-Production Changes (see attached) 3,024.00 Change Order #Z (see attached) (641.Q0) Change Order #3 {see attached) (1,743.Q0) Change Order #4 (see attachedj 1,082.00 Change Order #6 (see attached) (200.00) Change Order #T (see attached) 1,170.00 N: 1FDXF46Y88EA18600 Bank Wiring instructions: General Safety Equipment, LL.C. Name and Addiess of Bank: Welis Fargo Bank Minnesota, NA. Forest Lake Office 208 South Lake Street Forest L.ake. MN 55025 Telephone Number: 651 205-5713 Bank Routing Number. 091U00019 Bank Accou»t Number. 397 200 1140 Bank Account Narrre:- Rosenbauer America, L.LC: � d.b.a. Generai Safe E ui men L.l.C. TOTAL: $65,287.00 Net Due upon De�rvery of Apparatus Make ali checks payable to General Safety Equipment If you have any quest�ons conceming this invoice, please cali (657) 462 1000 THANB YOUI 64 � . 0 Pre-Production Changes Fridley Fire Department - Mini Rescue (4-door) F�reftghthrg Techna/ar�y DATE: See Below (ltems be%w are incorporated into shop orde� JOB #: 2732 (wh) We hereby agree to make change(s) specified above at this price PREVIOUS CONTRACT AMOUNT REVISEO CONTRACT AMOUNT Due to lead times of components and in fabrication this Change Orcler may delay delivery. ACCEPTED - The above price and specifiptions of the Change Order are satisfactory and are hereby accepted. Ail work to be performed under same terms and conditions as specified in originai contract unless othervvise stipulated. �i�. � Date accepted � � L� ` �.�—� Date accep�d S•2D--a $3,024 $62,595 $65,619 ,; �:�;--.�:. ,_ .__... _ 3- ,_ i � � , �:.� � �� . ._ - DATE: 06.20.07 JOB #: 2732 (wh) CHANGE ORDER # 1 Fridiey Fire Department - Mini Rescue (4-door) We hereby agree ta make cf►ange(s} speafied above af ffris price ' $� PREVIOUS CONTRAGT AMOUtdT $65,699 REVISED CONTRACT AMOUNT $65,B19 pue to lead times of c.omponents and in fabrication tfiis Change Order may deMy delivery. ACCEPTED - The above prke and spedficatia�s of the Change Orcier are satlsfadory and are t�ereby aoce(�ted. Aii work to be performed under same tertns and conditions as spec�d in originai contract uniess othervvise stq�utated. • • 0 0 0 � I � � _ � 65146Z170U Rosenbauer General Div 16:13:48 07-24-20UT 4/5 GHANGE ORDER # 2 Fridley Fire Department - Mini Rescue {4-door) rasenbauer Flraffghting Techao/o�y DATE: Juty 23, 200i JOB #: 2732 (wh) We fi�ereby agree te make cltange(sj specified aboue at ihis price PREVI�US CONTRACT AMOUNT REVISED CONTRAC7 AMOUNT Due to lead times of componenls and 'm fabrication thfs Change Order may delay delivery. ACCEPTEd - The sbove price and specffications of the Change Order are saf isfactory and are hereby acoepted. Atl work M be performed under same tertrts and cond'�lons as specifled in origirtal cantract uniess othervrise stipufated. � 67 Date aooepted �o -,s-� Oa� aa�ted �P�� {$841} 565,618 $64,978 65146�1700 Rosenbauer General Div 16:14:23 OT-24-2007 5 J5 GHANGE ORDER # 3 - Fridiey Fire Department - Mini Rescue (4door} rosenbauer . F/retrghthr�I 71�chim/o9S/ . DATE: July 24, 2Q(}7 JOB #: 2732 {wh) We her�by agree to rnalce change(sJ speafieal atrove at this price �$� �T�� PREVIpUS CANTRACT AMOtJtVT �64,978 REVISED COIdTRACT AMOUM' $63,�35 Due to lead times of components a� in iabricadon this Charge Orde� may c�lay d.erivery• ACGEPTED - The above price and spsa�Callons of ihe Change O►der are satisfactory and are hereby accepfed. AN work to be performed under same terms and cancfdrons as specified in originai contract untess othervvise st�utated. (� a.-�_ r le aceepffid o--i�'-b� te accep�ea ` +r�Cf '�'V � . I 8 I _ 0 � � - 0 m }-c��n6au�r FirefJghti+rg' Technr++�aBf! CHANGE ORDER # 4 Fridiey Fire Department - Nlini Rescue {4-door) DATE: July 31, 2007 JOB #: 2732 (wh) We hereby agree to make charrge(s) spec'�ied above at this price �1 �� PREVIOUS CONTRACT AMOUM' �.� RE1/ISED CONTRACT AMOUNT $64.3�� Que to lesd t�nes of componsnts and in fabrication this Change Order maY de1aY delivery. ACCEPTED - The above price and specificatlons of tt►e Change Order are satisfaciorY and are hereby acoePted. All woric to ba perfarmed under same terms and condiHons as spedf+ed tn odginai co�rad untess othe� stlpulatad. • � rosen6auer Fitef�gtriing TecJu�ala�y CHANGE �RDER # 5 Fridley Fire Department - Mini Rescue (4-door) DATE: October 3, 2007 JOB #: 2732 (wh) We he►eby agree iv make change(s) specilred above at this price $� PFtEVIOUS CONTRACT AMOUNT $64,317 REVfSED CONTRACT AMOUNT $64,317 Due to lead times of componerrts and tn fabric�tion tfiis Change Order may delay c�ifvery. ACCEPTED - The above price and speciftcatlons of the Change Order are setlsfactory and are hereby acoepted. Aii work to be pertortr�ed under same temns and condilioris as specified in original corttrad unt�s otherwise stipulated. 7� 0 � 0 e s � 0 � rosenl3auer Ffreflghtirrg Terhnotogy CHAIdGE 4RDER # 6 Fridley Fire Department - Mini Rescue (2-door) DATE: October 5, 2007 JOB #: 2731 (wh) We hereby agree to make change(s) speCified abave at this price ($�? PREVtOUS CONTRACT AMOUNT $63,827 REViSED CONTRACT AMOUNT $63,627 Due to lead times of components and in fabrication this Change Order may delay delnrery. ACCEPTED - The above prioe and spedfications of the Change Ord� are satisfadory and are hereby accepfed. AN work to be perfortned undet same tertns and candi6ons as speciBed in origirral co►�traat unless othenNise stipulated. 71 .� �-'. / "� ,- -. , .�� '1 ��,-1- �� - - � _�� _.. � a� � ,, i�. %. �ridley Fire Department - Mini Rescue (4-door) DATE: October 23, 2007 JOB #: 2732 (wh) SPEC MO_ DESCRIPTION OF CHANGE COST ADD: The entire fo�vrard waM of L1lR1 ittdu�ng fhe transvetse area is bo be fB-02 �10 endosed with smooth ahuutiinum. $1 17 ADD: The re�urard wails of L1 & R1 are tio ba endased with smooth IB-02 2910 alumun,un BUT NOTE the c�nier iransverse area see �an� ADD: The fiawatd and reanwand �erior watls of L3 and R3 are t� be KB-02-2910 erx,�tosed w�h smoodt �m�tum. s� IdorE: un-�hut is fi� be ir�s�ed on tf�e smoott, �uminum st�fs ra L.L-142000 ' sheives et� as st�ed in U�e t'.;'` �`.;': We hereby ag�ee io meke chan9reis) spea�red above ��is prn:e PREl/10US CON'i'RACT AMOUNT REVISED CONTRACT AMOUNT Due to lead tknes of compon�ts and tn fab�ication lhis Change Order may �► de�y ACCEPI'ED - The a6ove prioe and spec�flcatiorq of ihe Change Order are satisfactory and are hereby avoepted. Atl virodc to be perEnrmat under same terms and c�nditlons � spe�ed in original conhact unless otheiw�e stipula6ed. $1,170 $6�4,565 $65,735 � � 72 . � AGENDA ITEM � COUNCIL MEETING OF DECEMBER 3, 2007 �ffY �F FRIDLEY C�AI MS 134394 -134654 � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 3, 2007 ��F LICENSES FRIDLEY Contractor T e A licant A roved B AAA Maintenance & Restoration Commercial Mosen Dessouki Ron Julkowski, CBO Acme Awnin Com an Si n Erector Edward S ear Ron Julkowski, CBO ATAC Remodelers Inc Commercial Thomas Garri Ron Julkowski, CBO Bensob-0rth Associates Inc Commercial Thomas Osterber Ron Julkowski, CBO D.A.S Heatin & Coolin Inc Gas/HVAC Da 1 Stunek Ron Julkowski, CBO Dood Mechanical Gas Chris Rzeszutek Ron Julkowski, CBO J C Youn er Co HVAC Bob Youn er Ron Julkowski, CBO Lakewoods Remodelin Commercial Shawn Rise Ron Julkowski, CBO Lund Martin Construction Commercial R an Kuznia Ron Julkowski, CBO St Marie Sheet Metal Inc Gas/HVAC Paul St Marie Ron Julkowski, CBO � � �ffY �F FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2007 ESTI MATES Standard Sidewalk 10841 Mankato St. NE Blaine, NIN 55434 2007 Misc. Concrete Repairs No. 370 FINAL ESTIMATE .......................... Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 .. $ 4,729.95 2007-1 Street Improvement Project Estimate No. 8 .............................................................................................. $161,551.40 E � Cf1Y OF FRIDLEY TO: :�u_ d A�ENDA ITEM COUNCIL MEET�NG OF DECEMBER 3, 200? WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRF,CTOR SUBJECT: PUBLIC HEARING FOR THE 2008 BUDGET DATE: November 29, 2Q07 Tlie attached 2008 Notice of Proposed Total Budge�:*. and Property Taxes was published in the Fridley Focus oii November 29, 2007. This infonnation was published in accordance with the "Truth in Taxation" requirernents anci also provides property uwners with infonnatian regarding the City of Fridley's Budget for 2008. The public is invited and allowed to spealc and ask questians concerning the budget ancl proposed property taxes. RDP/rne Attaclunent(s) CITY OF FRIDLEY, PUBLIC NOTICE In conformance with Section 7.04 of the City Charter, the following City Manager's budget for fiscai year 2QQ8 has been submitted to the City Council. The Public Hearing on the budget will be heid on December 3, 2007 at 7:30 p.m. at the Fridiey Municipal Center. GENERALFUND Taxes Current Ad Valorem Deliquent, Penalties, Forfeited Licenses and Permits Licenses Permits Intergovernmental: Federai State: Local Government Aid All Other Charges for Services: General Government Public Safety Public Works Community Development Reareation Fines and Forfeits Special Assessments Interest on Investments Miscellaneous Revenues Other Financing S�urces: Sales of General Fixed Assets Liquor Fund Glosed Debt Service Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTAL GENERAI. FUND SPECIAL REVENUE FUNDS Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Springbrook NC Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS CAPITA� PROJECTS FUND Capital Improvement Fund General Capital Improvement Streets Capitai Improvement Parks C:apital Improvement Fund Balance TOTAL CAPITAL PROJECTS FUND AGENCYFUND Six Cities Watershed Fund Taxes-Current Ad Valorem TOTAL AGENCY FUND ESTIMATED REVENUE $ 8,571,572 53, 500 194,500 461,150 7,000 722,306 619,282 995, 330 217,600 49, 500 20,QOQ 240,000 200,000 8,OQ0 180, 000 207,5�� 0 500,000 250,000 13,497,240 826,953 $ 14,324,193 $ 257,800 92,034 473,908 374,700 (105,676) $ 1,092,766 $ 12,431 2,649,169 174,650 106,450 $ 2,942,700 . �� $ 6,200 Legislative: City Council City Management: General Management Human Resources l.egal Finance: Eleations Accounting Assessing MIS City Clerk/Records Police: Police Emergency Management Fire: Fire Rental inspections PubliG Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Garage Recreation; Recreation Community Development Building Inspection Planning Reserve: Emergency Nondepartmental: APPROPRIATIONS $ 118,572 283,706 200,676 408, 920 42,559 728,078 192,706 282,944 156,196 4,995,303 22,937 1,255,538 144,484 286,079 549, 352 264,550 1,028,915 1,025,818 445, 316 918, 957 365,963 447,949 100,000 58,675 $ 14,324,193 Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Springbrook NC Fund Fund Balance $ 153,201 92,034 473,908 373,623 $ 1,092,766 Generai Capital Improvement $ 4�,7QQ Streets Capital Improvement 2,690,000 Parks (;apital Improvement 212,000 $ 2,942,700 Six Cities Watershed 6,200 $ 6,200 TOTAL A�L FUNDS $ 18,365,859 $ 18,365,859 WILLIAM W. BURNS, CITY MANAGER � � �ffY �F FRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2007 November 29, 2007 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Resolution Declaring Garage at 1465 Gardena a Hazardous Structure Background You may recall that when this came to you in July, staff had been attempting to work with Bashir Moghul, the owner of the residential rental property at 1465 Gardena Avenue. At that time; Mr. Moghul needed to accept the fact that his garage on the property was a hazardous structure and needed to be torn down. Letters were sent to the property owner in February and again in March. Three extensions were given to Mr. Moghul in an attempt to resolve the matter. His last extension expired June 29. Staff found the only way we could resolve the matter was to pursue enforcement of the State Building Code procedures for declaring a structure hazardous. Abatement would be costly for the City, but as with all abatements those costs would be required to be paid by the property owner. On the day of the staff report being completed in July, Mr. Moghul came in to the City Offices and obtained a demolition permit for the garage. He committed to staff that he plans to demolish the garage by August 31, and rebuild the garage, as required by code, by November 30, of this year. He missed his target date of August 31, by a couple days, but the garage hazard has now been removed from the site. Unfortunately, no plans for a new garage have been submitted. Staff has had two conversations with Mr. Moghul since the July hearing. In early November staff called to remind Mr. Moghul of his commitment to rebuild a garage by November 30t''. Moghul indicated that he has had difficulty in deciding how he would place the garage on site, but recognized the urgency to construct, since Code requires a garage for his properiy. During that conversation, staff also alerted Mr. Moghul to existing outdoor storage violations and improper parking issues on his property. Mr. Moghul committed to correcting those matters, but has not done so. Recommendation Staff recommends that the City Council hold the remainder of the public hearing, take comment, and then close the hearing. No action is required on the Hazardous building resolution since the hazard has been removed. Note: The remaining action on this site will be initiated through a citation for non-compliance with the garage requirements for this property, outdoor storage violations, and improper parking violations. Resolution of that process can and will happen through the Anoka County Courts and staff will alert Council to that resolution once it is available. An arraignment for the matter has been scheduled for December 14, 2007. � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 3, 2007 �ffY �F FRIDLEY INFORMAL STATUS REPORTS