Loading...
HomeMy WebLinkAboutAugust 29, 2006 Work Session 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TOO (763) 706-3692 Visit Our Website at: www.ci.colufllbia-heights.fIln.us Mavor Gary L. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson-Diehm Bruce Kelzenberg City Manaqer Walt Fehst CITY OF COLUMBIA HEIGHTS ADMINISTRA TION NOTICE OF CITY COUNCIL MEETING ************ to be held in the CITY OF COLUl'v1BIA HEIGHTS as follows: Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: COLUMBIA HEIGHTS CITY COUNCIL AUGUST 29, 2006 7:00 P.M. CONFERENCE ROOM 1 WORK SESSION AGENDA Consent Items: 1. Name Changes for Sections of 3 9th Avenue and Jefferson Street to Huset Parkway and Madison Place to Jefferson Street 2. 2007 Street Rehabilitation Zone Work Amendment (Delay Tyler, Polk & Taylor, 45th to 4ih Avenue) Discussion Items: 1. Change Order #1 for Frattalone (Huset Parkway) 2. Transitional Housing 3. Auto Lots 4. Budget The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: 8/29/06 AGENDA SECTION: WORK SESSION NO: ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen~ DATE: 8/22/0~ CITY MANAGER ITEM: FIRST READING OF ORDINANCE NO. ]512 BEING AN ORDINANCE CHANGING THE STREET NAME FOR SECTIONS OF 39TH A VENUE AND JEFFERSON STREET TO HUSET I)ARKWA Y AND MADISON PLACE TO JEFFERSON STREET BY: DATE: Background: The new street is substantially complete and open for public use. The street is a gateway to Columbia Heights from the University and 3th Avenue area and highlights the City's Huset Park. Madison Place extends from 3 tl' A venue to just north of3 8th A venue. It is often confused with Madison Street one block to the east. I f Jefferson Street north of39th A venue is changed to Huset Parkway, staff suggests eliminating one of the street names on this short stretch. One house is addressed on Madison Place. Two businesses are addressed on Jefferson Street. Analysis/Conel usions: Staff recommends the street names be changed as follows: Huset Parkway New roadway from 3ih Avenue to 5th Street 39th Avenue from 5th Street to Jefferson Street Jefferson Street from 39'h A venue to 40th A venue Jefferson Street Madison Place from 37th Avenue to Jefferson Street Recommended Motion: Move to waive the reading of Ordinance No. 1512, there being ample copies available to the public. Recommended Motion: 1\10ve to establish a second reading of Ordinance No. ! 5! 2, being an Ordinance changing the street name of 39th A venue from 5th Street to Jefferson Street and Jefferson Street from 39th A venue to 40th A venue to H uset Parkway and changing the street name of Madison Place to Jefferson Street for October 9,2006, at approximately 7:00 p.m. in the Council Chamber. KH:jb Attachment: Map Ordinance No. 1512 COUNCIL ACTION: ORDINANCE NO. 1512 BEING AN ORDINANCE CHANGING THE STREET NAME OF SECTIONS OF 39TH AVENUE AND JEFFERSON STREET TO HUSET PARKWAY AND CHANGING THE STREET NAME OF MADISON PLACE TO JEFFERSON STREET The City of Columbia Heights does ordain: Section 1: The name of 39th Avenue from 5th Street to Jefferson Street and Jefferson Street from 39th Avenue to 40th Avenue is hereby changed and shall hereafter be known and renamed as Huset Parkway, and Section 2: The name of Madison Place is hereby changed and shall hereafter be known and renamed as Jefferson Street. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary Peterson, Mayor City of Columbia Heights, Minnesota Attest: Patricia Muscovitz, Deputy City ] r-... """ '1:1: :c ~ (/) i i I ~ il; ~~ Qj ...! ~I :t:! l L~'~""-"''''''~''''''''-'l"--,";;r,,,-,, I 635 8l1~ fu~~,,___~,L::,J~~_ 39TH ~ '?> ~~ w z w > <( >- t::: (/) ~ w ;::: Z ::::l 3755 :c 10 3800 '" '" ~ !! 8\ o 8l o 317 z o (/) 15 <( ~ '~"""-'''1 PROPOSED I HUSET PARKWAY Street Name Revi~~~ns J LEGEND Jefferson Street Address Madison Place Address CITY OF COLUMBIA HEIGHTS GIS I ENGINEERING DEPARTMENT Map Data: August, 2006 Map Author: KYoung City of Columbia Heights Public Works Department Work Session Discussion Item Work Session Date: August 29, 2006 v-lC-l Prepared by: Kevin Hansen, Public Works Director/City Engine~ Item: Review of 2007 Street Rehabilitation Program Zone Area Background: The City is completing the planned street rehabilitation work in Zones 7B and lA. Zones IB, 2 and 3 are scheduled for rehabilitation work in 2007. Zone IB is from Central Avenue to Johnson Street from 451h Avenue to 4ih Avenue. The water mains on Tyler Street, Polk Street and Taylor Street from 451h to 4 ih have experienced a high rate of water main breaks. Staff is reviewing the replacement of these mains in addition to the reconstruction of the streets. Analysis IConclusions: The area from Central Avenue to Taylor Street, 451h Avenue to 4 ih A venue is part of a study area being considered for redevelopment. Staff recommends delaying rehabilitation of these streets for at least one year. A map of the maintenance zones is attached for reference. Requested Action: Authorize delaying three street sections out of the Zone 1 B area from 45th to 4 ih A venues with rehabilitation programmed east of Taylor Street in 2007 and west of Taylor Street in 2008 or later. Attachment: Map II II ~ \ v r~:J ~ = " , ,~ --, . I[ c /) ~ I~ -,,, - ./, ~ { . ) " - - < I 1-- ~., " "I'-: l~-- ; i)-f. - ~ um " L ~ /,.,: ; \ ',/ " O Om r ',1:; - ..... ... ~ ~ ~ % i' Wi j G;iiw;1 ---. - ;:;;;1- ;:::>! - . rnrn..= '== r P JI1J~ ; '.. :--.._.._--~ Ji} i DO' 'JDO HILLTOP uillillrn · """"~~ <~ ~ ~ Drn~IQLJrn' ') rnrnrnrn I ~~, ~ ~ n --rnrnOODornrnD-m .~ no rrJ[] 'l~ m r,=~ =ffiillillill · ffiillilllDill ';V$~O~, ~ 1 WDJ rnrnrnrn rnrn[EQ] . ~':J :a207$LJD I fi~" rn ~ ~ illilJIIJITmllJ[ Offill f7!jR lllll ..' .... ~ rn~ ;8~ 7~ L =--- I I~ - ~" 'L)~ mrnrn ~D: IlDir c ~ ! I: #'/ ~ W " I 1U T . r. ~! ! ; i I / #'l ~ ) -4~ .- .- IS Q Q Q Q Q D "...... ,..; f.1sp Oat/i;1" 4ugw;t '2005 Map Sources Columbia Heights: Q:tgis\glsdata'lenglosertStraet Malntenan(;:~ Zones CITY COUNCIL LETTER AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: CHANGE ORDER NO. I FOR THE HUSET IlY, K.II'n"~ BY: PARKWAY STREET, UTILITY AND LANDSCAPING DA TE: 8/23/ DATE: PROJECT NO. 0404. Meeting of: 8/29/06 Background: The Huset Parkway Improvement Project is now complete. The completed work included utilities: sanitary sewer, storm sewer and water main, environmental remediation (soils), street reconstruction which included new concrete curb and gutter and bituminous pavement, a roundabout, bituminous trails and concrete sidewalk, and landscape improvements. The landscaping includes street lighting, boulevard trees, colored stamped concrete crosswalks, plantings and entrance monumentation. Analysis /Conclusions: During the course of construction, Public Works staff directed the contractor to provide additional work in addition to the original contract documents due to field conditions, staff requested changes, unknown conditions and a bid error. The pricing for additional work items was obtained from the following methods: existing line items from the bid tab, negotiated and approved by the City Engineer or on a time and material basis. The work is detailed on the attached change order sheet(s) and can be summarized as follows: . Item No. I :remporary roundabout paving . Item No.2: Street patches . Item NO.3: Stone wall construction . Item NO.4: Disconnect sewer and water services . Item No.5: Water main repair . Item No.6: Yard hydrants (plant watering) . Item No.7: Regrade yard at 609 37th Ave. . Item No.8: Move storm sewer structure . Item No.9: Disconnect sanitary sewer services on 38th Ave . Item No. 10: Plug tee for hydrant and patch street . Item No. I I: Testine and Disposal of PCB contaminated soil . Item No. 12: Pedestrian crossings . Item No. 13: Path, lighting and landscaping around pond Staff recommends approval of Change Order No. I. Recommended Motion: Move to authorize Change Order No. I for additional site grading, miscellaneous utility work, temporary paving and street patches, additional 10 foot bituminous trails, stone wall construction and site landscaping to the Huset Parkway Improvements, City Project 0404 to Frattalone Companies in the amount 01'$249,720.03.30 to be funded out ofa LCAGrant (114,049.23) the PIR Fund, or Assessments ($45,290.00), the City State Aid ($58,339.80), Water Fund ($1 1,497.50), Sewer Fund (6,422.50) and Park Development Fund ($13,041.00). KII:jb Attachment: Changer Order No I Fral1alonc Correspondcncc COUNCIL ACTION: CHANGE ORDER NO.1 Project: Huset Parkway Owner: City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 City Project: 0404 Date of Issuance: August 22, 2006 Contractor: Frattalone Companies 3205 Spruce Street St Paul, MN 55117 Engineer: City Engineer You are directed to make the following changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: Staff requested additions, field changes or existing conditions modifications to the contract documents as detailed on the attached sheet. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 2,562,803.92 Final Completion July 15,2006 Previous Change Orders No. ~ to No._ $ None Net Change from Previous Change Order: None Contract Price Prior to this Change Order: $ 2,562,803.92 Contract Time Prior to this Change Order: Final Completion July 15th, 2006 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 249,720.03 122 Calendar Days Contract Price with all Approved Change Orders: $ 2,812,523.95 Contract Time with Approved Change Orders: Final Completion October 31, 2006 By: By: Approved By: Approved By: Date of Council Action Gary Peterson, Mayor Walter Fehst, City Manager Attachment to Change Order No.1 City Project No. 0404 Page 1 Owner: Contractor: Project: City of Columbia Heights Frattalone Companies Huset Parkway Description of Changes: The City requested the foliowing work for additions, changes or modifications to the contract documents: . Item No.1: Temporary roundabout paving (State Aid) A temporary bituminous driving surface was installed in the roundabout last fall so it could be opened for tramc. The cold temperatures prevented the placement of colored concrete. . Item No.2: Street patches (State Aid) Full depth bituminous patch was installed on Mill Street. . Item No.3: Stone wall construction (State Aid and assessments) The original proposal listed 85 SF. This was the quantity for one wall. Frattalone's bid was for modular block walls, not stone faced concrete walls. Frattalone is honoring the bid price for one wall. The extra is for the other three walls not included in the original proposal. The Engineer's estimate for this work was $368/ft2. . Item No.4: Disconnect sewer and water service at 500 Mill St (Water and Sewer Fund) The water and sewer service were disconnected at the mains following the demolition of the house. . Item No.5: Water main repair 5th St and 39th Ave (Water Fund) The water main was exposed during other utility work. The water main pipe was found to be in poor condition in a localized area and needed repair. . Item No.6: Yard hydrants (Park Fund) Two yard hydrants were added to the project. . Item No.7: Regrade yard at 609 3ih Ave (State Aid) The yard was regraded to provide a gentler slope after installation of the public sidewalk. This lot is actually a small city-owned lot that the adjacent neighbor maintains. . Item No.8: Move structure 700A (Storm Sewer Fund) New storm sewer was added in lieu of a pond near 3ih Ave. The structure was in contlict with the new storm sewer. . Item No.9: Disconnect sanitary sewer services on 38th Ave (Sanitary Sewer Fund) The sewer services were disconnected at the mains following the demolition of the buildings. . Item No.1 0: Plug tee for hydrant and patch 40th Ave (Water Fund) The hydrant needed to be relocated to accommodate Anoka County's requirement for 30' radius at the corner of 40th Ave and Jefferson St. . Item No. 11: Testing and Disposal of PCB contaminated soil (State Aid and assessments) PCBs leaked from a pipe and contaminated the surrounding soil on 51h St, north of 39th Ave. The contaminated soil required special handling and had to be trucked to a disposal site in Texas. Attachment to Change Order No.1 City Project No. 0404 Page 2 . Item No. 12: Pedestrian crossings (State Aid) Pedestrian crossings were added at the parking lot entrance for Murzyn l-lall, on 5th St and on Jefferson St at 40th Ave. · Item No. 13: Path, I ighting and landscaping around pond (Grant) A path, pedestrian lights and landscaping were added around the pond. Item No. Item Description Unit Ouantity Unit Price Total Price I Temporary roundabout paving Ton 38 $ 90.45 $ 3,437.10 2 Street patches Ton 96 $ 90.45 $ 8,683.20 3 Stone wall construction SF 255 $ 336.00 $85,680.00 4 Disconnect sewer & water service - 500 Mill St LS 1 $ 5,235.00 $ 5,235.00 5 Water main repair 5th St and 39h Ave LS 1 $ 3,020.00 $ 3,020.00 6 Yard hydrants A. 1" Corporation stop Ea .., $ 300.00 $ 900.00 -' B. 1" Curb stop and box Ea 3 $ 300.00 $ 900.00 C. Hose bib Ea 2 $ 1,000.00 $ 2,000.00 D. 1" Type K copper pipe Ea 440 $ 21.00 $ 9,240.00 7 Regrade yard - 615 3ih Ave (City owned) LS 1 $ 929.50 $ 929.50 8 Move structure 700A LS I $ 1,080.00 $ 1,080.00 9 Disconnect sanitary sewer services - 38th Ave LS 1 $ 3,805.00 $ 3,805.00 10 Plug tee for hydrant and patch - 40th Ave LS 1 $ 5,860.00 $ 5,860.00 11 Testing and disposal of PCB contaminated soil LS 1 $ 4,900.00 $ 4,900.00 12 Pedestrian crossings - Murzyn, 5th St, 40th Ave A. 8" Concrete pavement SY 16 $ 45.00 $ 720.00 B. 8" Concrete pavement - color treatment SY 64 $ 125.00 $ 8,000.00 13 Path, lighting and landscaping around pond A. Common excavation CY 319 $ 7.25 $ 2,312.75 B. 3" Bituminous walk SF 17,210 $ 1.70 $29,257.00 C. Lighting unit type special Ea 9 $ 3,447.55 $31,027.96 D. Light base design Ea 9 $ 755.12 $ 6,796.07 E. Nonmetallic conduit LF 1,200 $ 1.98 $ 2,376.77 F. Underground wire LF 2,500 $ 2.33 $ 5,818.13 G. Coniferous tree, 6' h1. Tree 10 $ 302.00 $ 3,020.00 H. Coniferous tree, 8' ht Tree 5 $ 412.00 $ 2,060.00 1. Deciduous tree, 2Yz" cal. Tree 9 $ 412.00 $ 3,708.00 J. Perennial Plant Ea. 1,655 $ 11.00 $18,202.80 K. Bulbs Ea. 2,145 $ 0.35 $ 750.75 TOTAL CHANGE ORDER 1: $249, nO.03 LCA Grant Award: State Aid: Project Assessments: Sanitary Sewer Fund: Water Fund: Storm Sewer Fund: Park Fund: $114,049.23 $ 58,339.80 $ 45,290.00 $ 6,422.50 $ 11,497.50 $ 1,080.00 $ 13,041.00 rattalone E S . Excavating' Grading' Utilities' Demolition . Environmental . Custom Crushing February 13, 2006 Mr. Kevin Hansen, P.E. City of Columbia Heights 637 - 38th Ave N.E. Columbia Heights, MN 55421 RE: Stone Wall Construction - Extra Costs Huset Parkway Area Improvements Dear Kevin, This letter is a follow-up to our meeting on February 1,2006. I am sending you the explanation and breakdown for the additional reimbursement we are requesting associated with the stone walls in the round-about at Jefferson and 39th. You and I discussed the fact that the bid proposal has an error in the quantity listed for bid item 56 - Stone Wall. The contract quantity listed is 85 square feet, which is enough for one wall. There are four walls shown on the plans. SEH, the engineer for the project, has an error in their bid sheet quantity which should have listed 340 square feet for the project. We have also discussed the fact that we too, made an error in our bid for this item. We received two quotes from sub-contractors to perform the work. Both quotes were from modular block wall contractors; one was $30.00/sf and the other was $24.00/sf Both contractors pulled their bids stating they hadn't seen plans and their prices were based on using modular blocks to build the walls. I am enclosing copies of their proposals with this request. Our bid item 56 is $35.00 per square foot. I have obtained three prices for the walls, and include copies of the quotes for this item: Northland Concrete Gresser Concrete Jay Brothers $305.00/sf $385.00/sf $350.00/sf $25,925.00/ea $32,725.00/ea $29,750.00/ea Neither Northland nor Gresser include excavation or backfill in their proposals. Following is an itemized breakdown of Northland Concrete's price: Excavation & Backfill $1,200.00/ea Concrete Footing Labor Materials 1,056.00 433.00 Rebar labor & materials 740.00 3205 Spruce Street . St. Paul, MN 55117 . Phone 651.484.0448 . Fax 651.484.7839 2 Concrete Walls Labor Materials 1,587.00 3,391.00 Limestone Veneer Labor Materials 6,546.00 3,872.00 Limestone Cap Labor Materials 1,454.00 6,558.00 Stone Washing 338.00 5% Markup on subs 1,300.00 TOTAL COST $28,575.00/each $336.18/square foot We are the victim of our own error and are willing to stand by our quoted price for the first 85 square feet. However, we cannot afford to take the hit for the SEH quantity error. ARTICLE 11.03.D of the General Conditions is designed to prevent UNmST ENRICHMENT by both the Owner and Contractor. In accordance with this ARTICLE, we request an adjustment to Unit Price 56 - Stone Walls to cover the three additional wl'Ills omitted in the originl'll proposal. We request that the uflit price be adjusted from $35.00 per square foot to $336.00, or an additional $301.00 for the additional 255 square feet. The cost for this error is 255/sfx $336.00/sffor a total of$85,680.00. I am enclosing copies of the original quotes for this item that we had at bid time. The two contractors that quoted the work rescinded their quotes after the bid. I am also enclosing copies of the three quotes that we recently received for the construction of the stone walls, including a breakdown of the costs submitted by Northland Concrete. We propose to use Northland Concrete to build the stone walls as well as the other monuments and signs included in this bid package. If you have any questions regarding this, please give me a call. Sincerely, Fl}ATTALONE COMPANIES, INC ,~~~.~~U Larry Langer, P.E. (Enclosures) B. All other work, including the final wear course, landscaping and restoration, will be substantially completed on or before July 1, 2006. C. All project work will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before July 15,2006. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1,500.00 for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1,500.00 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the following paragraph(s): A. For all Unit Price Work, an amount equal to the sum of the establisfied unit price for each separately identified item of Unit Price Work times the estimated quantity for that corresponding item as indicated in Contractor's Bid. provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. ESTIMATED TOTAL OF ALL UNIT PRICE WORK: ($ (words) (numerals) ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments,' Retainage A. Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established in Standard Form of Agreement 00520 - 2 COLHT0403.01 "~ " 9.04 "Ii ;[1/ 1\ 9.05 ~ "'ill" 9.06 'Ii ~ ~~. 1l 9.07 t! 9.08 and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions" Authon:::ed Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functiofllng whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shaH perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, ohny such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that wiH prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph ] 3.04, whether or not the Work is fabricated, installed, or completed. Shop Drawings, Change Orders and Payments A. I n connection ;~th Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.] 7. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. 4' C. In connection with Engineer's authority as to Change Orders, see Articles 10, 1], and ]2. D. In connection with Engineer's authority as to Applications for Payment, see Article ]4. Detennil1C1tionsfor Unit Price IFork A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reneet changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph ]0.05. Decisions on Requirements a/Contract Documents Clnd Acceplability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or COf1tract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph IO.OS.B. EJCDC C-70U Standard General Conditions of the Construction Contracts Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page Jt or50 C Each unit price will be deemed to include an amount considered by Contractor 10 be adequate to cover Contractor's overhead ao.d profit for each separately identified item. D. Owner or Contractor mJY make a Claim for 30. Jdjustment in the Contract Price m accordance with Paragr3ph 10.05 if: 1. the qU3ntlty of any item 0 f Unit Price Work performed by Contr3ctor differs materially ;:Ind significantly from the estimated qU3ntity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contmctor is entitled to an increase in Contr;:lct Price as a result of having incurred additional ex.pense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of ao.y such incre;:lse or decre;:lse. ARTICLE 12 - GL4J"!GE OF CONTRA-.CT PRICE; CfL\NGE OF CONTRc\CT TIMES 12.01 Change afContract Price A. The Coo.tract Price may only be changed by a Change Order Any Claim for an adjustment in the Contract Price shall be b3sed on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions ofParagniph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0 1.C2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead ;lOr! profit (determined as provided in Paragraph 12.01.C). C. Contrclctor's Fee.' The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fi,'(ed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.I and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0 LAJ, the Contractor's fee shall be tive percent; c. where one or more tiers of subcontracts are on the basis of c'ost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.! and 11.01.A.2 and that any higher tier Subcontractor and Contmctor will each be. paid a fee of five percent of the amount paid to the next lower tier Subcontractor; EJCDC C-700 Standard General Conditions of the Construction Contracts Copyright@ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 50 City of Columbia Heights Memo To: Mayor Peterson, City Council Members From:Jeff Sargent, City Planner Date: 8/24/2006 Re: Transitional Housing, Correctional Residential Care Facilities On March 8, 2006, the City was approached by a group called A TIIC. A TIIC specializes in placing ex-convicts into halfway homes in residential areas, as part of the transition for these individuals into society. A TIIC worked in conjunction with the Minnesota Department of Corrections to locate a transitional housing unit at 1008 Gould Avenue. It was discovered that the proposed housing unit would be located adjacent to an existing residential facility used to house people with drug and alcohol dependencies. The Council felt that locating these types of uses next to each other would not be appropriate in a predominately single-family neighborhood, and imposed a moratorium regarding transitional housing on March 13, 2006 for a one-year period. At this time, Staff has had ample time to study the existing Zoning Code and ...........po"'e'" an "'m..........rlmen4- 4-0 4-h" 7"n'n'" r'ode ..e'..,,4-'.....'" t.." th,~ 'I~~U"" tJl v ~;) I 01 ICIIU I IL L L IC LoVI II l::I v I 10UlIl::l V 'II;:) ;:);:) ~. The current zoning code directly addresses the halfway home type of housing, referring to this type of housing as a "Correctional Residential Care Facility". The Code, however, only addresses this type of housing in Section 9.107, which is the Specific Development Standards section of the Code. There is no other reference of this type of housing anywhere else throughout the code and it is also not defined in the definitions section. Staff proposes some slight modifications to the Correctional Residential Care Facility Section, by defining the term and permitting this type of use in the R-3 and R-4 Residential Districts through the Conditional Use Permit process. Essentially, these types of facilities shall only be located in the R-3 and R-4 Districts and cannot be located within X mile, or 1,320 feet from another similar facility. There are other stipulations regarding this type of housing unit that are outlined in the attached draft ordinance. ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE R-3, MULTIPLE F AMIL Y RESIDENTIAL DISTRICT, AND THE R-4, MULTIPLE FAMILY RESIDENTIAL DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24-hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the department's own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and home for battered children or spouses. Such term shall also include any facility eligible for licensure by the Minnesota Department of Corrections. Chapter 9, Article I, Section 9.107 (C)(37) of the Columbia Heights City Code, IS proposed to include the following additions and deletions. (37) Residential care facility, correctional. (a) The use shall be located at least l!4 mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities measured from property line to property line. (b) The use shall only be located in the R-3. Multiple Family Residential District and the R-4, Multiple Family Residential District. Ebf(c) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire structure. Ee1( d) The facility shall be located on a parcel meeting the minimum lot size for single-family dwelling plus and area of 300 square feet for each resident over six. The maximum number of residents may be specified as a condition of the conditional use permit in order to meet this requirement. (61(e) On-site services shall be for residents of the facility only. te)(f) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use is located. tf)(g) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. Eg1(h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character if the neighborhood. W(i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. fB(j) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. Chapter 9, Article I, Section 9.109 (G )(3) of the Columbia Heights City Code, IS proposed to include the following additions and deletions. ~ 9.109 RESIDENTIAL DISTRICTS. (G) R-3, Limited Multiple Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R-3, Limited Multiple Family Residential District, subject to the regulations set forth for conditional uses in S 9.104, Administration and Enforcement, and the regulations for specific uses set forth in S 9.107, Specific Development Standards: (a) Religious facility/place of worship. (b) Convent or monastery, when accessory to a religious facility. (c) School, public or private, K-12. (d) Government office. (e) Government protective service facility. (f) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and front on the same public right-of-way. (g) State licensed residential care facility serving 7 to 16 persons. (h) State licensed residential care facility, correctional. W(i) Licensed day care facility serving more than 12 persons. @(j) Congregate living facilities, including roommg houses, group living quarters, nursing homes, senior housing, assisted living facilities, transitional housing and emergency housing. EH(k) Bed and breakfast home, when accessory to a single-family dwelling. 00(1) Community Center. flj(m) Recreational facility, indoor. fm:)(n) Recreational facility, outdoor. W( 0) Day care center, adult or child. Chapter 9, Article I, Section 9.1 09 (H)(3) of the Columbia Heights City Code, IS proposed to include the following additions and deletions. (H) R-4, Multiple Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R-4, Multiple Family Residential District, subject to the regulations set forth for conditional uses in S 9.1 04, Administration and Enforcement, and the regulations for specific uses set forth in S 9.107, Specific Development Standards: (a) Religious facility/place of worship. (b) Convent or monastery, when accessory to a religious facility. (c) School, public or private, K-12. (d) School, vocational or business. (e) Licensed day care facility serving more than 12 persons. (f) Government office. (g) Government protective service facility. (i) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common 0\\tl1ership, is not separated by a public right-of-way and front on the same public right -of-way. (h) State licensed residential care facility serving more than six persons. (i) State licensed residential care facility, correctional. fi1(j) Congregate living facilities, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facilities, transitional housing and emergency housing. EH(k) Bed and breakfast home, when accessory to a single-family dwelling. 00(1) Community Center. flj(m) Recreational facility, indoor. fm:)(n) Recreational facility, outdoor. W( 0) Day care center, adult or child. ~(p) Manufactured home park. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2005 ,2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk City of Columbia Heights Memo To: Mayor Peterson, City Council Members From: Jeff Sargent, City Planner Date: 8/24/2006 Re: Proposed Zoning Amendment for Auto Lots The City Council has expressed concerns regarding the sale of vehicles, particularly used cars along the Central Avenue. In response to this concern, the Council implemented a moratorium on used car lots and directed City Staff to study the situation and offer a viable solution to the problem. On February 14, 2006, the Auto Lot Moratorium expired, and the City Council adopted an ordinance requiring a Conditional Use Permit for all new auto sales lots within the GB, General Business District. Subsequently, the City Council directed staff to further refine the ordinance, placing restrictions on used car lots in the City. City Staff has prepared a proposed amendment to the zoning ordinance to respond to the Council's directive. The proposed changes to the zoning code would essentially permit, as a Conditional Use, the sale of new and used cars throughout the General Business District (GB). The amendment would also rezone the General Business properties along University Avenue to General Business Automotive (GB-A). GB. General Business . New car dealerships as stand-alone businesses. (Up to 30% of the vehicles sold on a new car lot could be used vehicles). · Used car dealerships as stand-alone businesses, as long as they are located in an enclosed building that meets the Design Guidelines for 40th Avenue or Central Avenue. GB-A, General Business - Automotive . New car dealerships as stand-alone businesses. (Up to 30% of the vehicles sold on a new car lot could be used vehicles). . Used car dealerships as stand-alone businesses. Attached is a draft ordinance outlining the needed changes in the zoning code to accommodate the proposed changes to the GB, General Business District. . Page 2 DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO THE GB, GENERAL BUSINESS DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.103 Definitions. Auto and Truck Sales Lot, Used: Any land used or occupied for the purpose of buying and selling secondhand passenger cars or trucks, and the storing of such vehicles prior to sale. Automobile, Used: Any secondhand, previously owned passenger vehicle, car, or truck. Chapter 9, Article I, Section 9.110 (C) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.110 COMMERCIAL DISTRICTS. (C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the commercial districts shall be as specified in the following table. LB GB GB-A CBD Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. 6,000 SQ. ft. Minimum Lot Width 50 ft. 40 ft. 40 ft. 20 ft. Minimum Lot Depth Lot area per dwelling unit Single-family dwelling 6,500 Sq. ft. Multiple-family dwelling Efficiency 1,200 sq. ft. 1 ,200 sq. ft. One bedroom 1,800 sq. ft. 1,800 Sq. ft. Two bedroom 2,000 Sq. ft. 2,000 Sq. ft. Three bedroom 2,500 sq. ft. 2,500 Sq. ft. Additional bedroom 400 Sq. ft. 400 Sq. ft. Congre.gate Iiying units 400 Sq. ft. 400 sq. ft. Hotel or motel 400 Sq. ft. Hospital 600 sq. ft. Building Setback Requirements Nonresidential/mixed-use front yard none Residential front yard 5 ft. Front yard IS ft. 15 ft. none Side yard 15 ft. none none none Comer side yard 10 ft. IS ft. 15 ft. I ft. Rear yard 20 ft. 20 ft. 20 ft. 10 ft. Parking Setback Requirements Front yard 12 ft. 15 ft. 15 ft. I ft. Side yard 5 ft. 5 ft. 5 ft. none Comer side yard 12 ft. IS ft. 15 ft. I ft. Rear yard 5 ft. 5 ft. 5 ft. 5 ft. Maximum Height 35 ft. 35 ft. 35 ft. Maximum Lot Coverage Floor area ratio 1.0 1.0 6.0 Chapter 9, Article I, Section 9.110 (E) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.110 COMMERCIAL DISTRICTS (E) GB, General Business 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District. a) Community Center. b) Government office. c) Government protective service facility. d) Public park and/or playground. e) Recreational facility, indoor. f) Recreational facility, outdoor. g) School, \'ocational or business. h) School, performing/visual/martial arts. i) Auditorium/place of assembly. j) Automobile convenience facility. k) Automobile repair, minor. 1) f...utomobile sales/rental. m) Banquet Hall. n) Billiards Hall. 0) Bowling Alley. p) Car wash. q) Clinic, medical or dental. r) Clinic, veterinary. s) Daycare facility, adult or child. t) Financial institution. u) Food service, convenience (fast food). v) Food service, limited (coffee shop/deli). w) Food service, full service (restaurant/nightclub). x) Funeral home. y) Greenhouse/garden center. z) Health or fitness club. aa) Hotel/motel. bb) Laboratory, medical. cc) Liquor store, off-sale. dd) Museum or gallery. ee) Office. ft) Recreational vehicle sales. gg) Retail sales. hh) Service, professional. ii) Shopping Center. jj) Studio, professional. kk) Studio, radio and television. 11) Theater, live performance. mm) Theater, movie. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in S 9.104, Administration and Enforcement, and the regulations for specific uses set forth in S 9.107, Specific Development Standards: a. Government maintenance facility. b. Arcade. c. Automobile sales/rental, new. d. Automobile sales, used (in building). e. Recreational vehicle sales, new. f. Recreational vehicle sales, used (in building). g. Firearms dealer/Shooting range. l, u. Hospital. 1. Outdoor sales or display. J. Outdoor storage. k. Parking Ramp. 1. Assembly, manufacturing and/or processing. m. Printing and/or publishing. n. Consignment/Secondhand store. o. Club or lodge. p. Currency exchange. q. Pawnshop. r. Drop-in facility. Chapter 9, Article I, Section 9.110 (F) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.110 COMMERCIAL DISTRICTS F) GB-A, General Business-Auto Oriented District 1) Purpose. The purpose of the GB-A, General Business-Automotive District is to provide appropriate locations for general retail sales, services and other commercial developments, specifically New Automobile Dealerships that benefit from their proximity to other commercial uses and University Avenue. These areas are located along University Avenue and are accessible primarily by automobile. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB-A, General Business-Automotive District. a) Community Center. b) Government office. c) Government protective service facility. d) Public park and/or playground. e) Recreational facility, indoor. t) Recreational facility, outdoor. g) School, vocational or business. h) School, performing/visual/martial arts. i) Auditorium/place of assembly. j) Automobile convenience facility. k) Automobile repair, minor. I) Banquet Hall. m) Billiards Hall. n) Bowling Alley. 0) Car wash. p) Clinic, medical or dental. q) Clinic, veterinary. r) Daycare facility, adult or child. s) Financial institution. t) Food service, convenience (fast food). u) Food service, limited (coffee shop/deli). v) Food service, full service (restaurant/nightclub). w) Funeral home. x) Greenhouse/garden center. y) Health or fitness club. z) Hotel/motel. aa) Laboratory, medical. bb) Liquor store, off-sale. cc) Museum or gallery. dd) Office. ee) Retail sales. ft) Service, professional. gg) Shopping Center. hh) Studio, professional. ii) Studio, radio and television. jj) Theater, live performance. kk) Theater, movie 2) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB-A, General Business-Automotive District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards: a) Automobile sales/rental, new and used. b) Recreational vehicle sales, new or used. c) Government maintenance facility. d) Arcade. e) Firearms dealer/Shooting range. t) Hospital. g) Outdoor sales or display. h) Outdoor storage. i) Parking Ramp. j) Assembly, manufacturing and/or processing. k) Printing and/or publishing. I) Consignment/Secondhand store. m) Club or lodge. n) Currency exchange. 0) Pawnshop. p) Drop-in facility. 3) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB-A, General Business-Automotive District: a) Private garages, parking spaces and loading areas. b) Accessory buildings. c) Landscaping and other horticultural uses. d) Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area of the building. e) Temporary construction buildings. t) Signs as regulated by Section 6 of this Chapter. Chapter 9, Article I, Section 9.110 (G) of the Columbia Heights City, is proposed to include the following additions and deletions. ~ 9.110 COMMERCIAL DISTRICTS fB (G) CBD, Central Business District Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses are subject to specific development standards. (6) Automobile Sales/Rental, New. a) The use shall be served by a major collector or higher classification or roadway. b) In the GB, General Business District, outdoor vehicle display for used cars shall be limited to thirty percent (30%) of the total outdoor display area for a new car dealership. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off-street parking spaces needed for the public and employees. c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. d) Outdoor vehicle display areas within the public right-of-way are prohibited. e) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. f) Outdoor vehicle display shall be within a designated area that is hard- surfaced. g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. h) Music or amplified sounds shall not be audible from adjacent residential properties. i) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. j) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. k) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. (7) Automobile Sales/Rental, Used. a) The use shall be served by a major collector or higher classification or roadway. b) In the GB, General Business District, an open-aired used car lot as a stand-alone business is prohibited. c) In the GB, General Business District, used cars may be sold as a stand-alone business if the business is contained within a building. d) In the GB, General Business District, used cars may not be sold accessory to businesses other than new car dealerships. e) In the GB-A, General Business - Automotive District, used cars may be sold accessory to other auto uses, such as mechanic shops and the like. c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. d) Outdoor vehicle display areas within the public right-of-way are prohibited. e) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. f) Outdoor vehicle display shall be within a designated area that is hard- surfaced. g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. h) Music or amplified sounds shall not be audible from adjacent residential properties. i) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. j) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. k) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2005 ,2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk