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11/21/1988 - 5043�, � �. . �.� �:- NOVEMBER 21, 1988 - 7:30 P.M. The following are the "ACTIONS NEEDED" to be taken by the noted departments. Please type your "ACTIONS TAKEN" on the attached diskette and pass on to the next person on the list. Answers and diskette must be returned to the City Manager' s Of f ice no later than Wednesday, December 7, I988. APPROVAL OF MINIITES: Council Meeting, November 7, 1988 Approved Special Council Meeting, November 14, 1988 Approved ADOPTION OF AGENDA: Adopted as presented OPEN FORUM, VISITORS: No response Representative for All Park's Alliance for Change will Speak Regarding Mobile Home Parks Did not appear at this meeting. CITY MANAGER--ACTION NEEDED: Place item on December 19 agenda Council Meetinq, November 21, 1988 Paqe 2 r�w svszrrESS : Receiving the Minutes of the Planning Commission Meeting of November 9, 1988 Received . . . . . 1 - 1 II A. Consideration of a Preliminary Plat, and setting a Public Hearing for P.S. #88-01, to Create Tracts A, B, C and D from the Existing Legal Description, Generally Located South of 73rd Avenue, East of Central Avenue, North of 69th Avenue and West of Stinson Boulevard, by Onan Corporation ........................1K-10 & 1R-1X PLANNING CONII�IISSION RECOMMENDATION: Approval COUNCIL ACTION NEEDED: Set Public Hearing for December 19, I988 Set public hearing for 12/19/88 COMMUNITY DEVELOPMENT--ACTION NEEDED: Proceed with setting public hearing for December 19, 1988 B. Consideration of a Resolution Approving a Lot Split, L.S. #88-06, to Split Outlot B into Two Separate Parcels for Future Combination to Adjacent Parcels in the Plat of Great Northern Industrial Center, Generally Located North of 53rd Avenue, East of East River Road and South of I-694, by Wickes Companies .....................10-1P & lY-lII PLANNING COI�IISSION RECOMMENDATION: Approval COUNCIL ACTION NEEDED: Consideration of Recommendation and Approval of Resolution Resolution 102-1988 adopted with two stipulations COMMIINITY DEVELOPMENT--ACTION NEEDED: Proceed as authorized Consideration of a Resolution Requesting the State of Minnesota to Establish Mandate Reforms and Consideration of a Resolution Requesting the State of Minnesota Provide Funding to Support Solid Waste Abatement Activities Sponsored by Local Governments . . . 2 - 2 D Resolution 103-1988 and 104-1988 adopted CO1rIIdIINITY DEVELOPMENT--ACTION NEEDED: Proceed as authorized - Council Meetinq, November 21, 1988 Paqe 3 NEW BDSINE88 (CONTINIIED): Consideration of Change Orders 1& 2 for Additional Security at Fridley Plaza Ramp . . . . . . . . . . . . . . . . . . . 3 - 3 B Approved COMMIINITY DEVELOPMENT--ACTION NEEDED: Proceed as authorized � Receiving Bids and Awarding the Contract for Water, Sanitary and Storm Sewer Proj ect No . 18 3 . . . . . . . . . . . . . . . . . 4 - 4 D Received bids. Award contract to low bidder, Volk Sewer and Water PIIBLIC WORKS--ACTION NEEDED: Inform low bidder of Council approval of awarding of contract Receiving Petition No. 24-1988 Requesting Water Facilities be Extended to Service Certain Properties . . . . . . . . . . . . . . . 5 - 5 D Received PUBLIC WORRS--ACTION NEEDED: Proceed as authorized Consideration of a Resolution to Advertise for Bids for One (1) 2.25 Cubic Yard Four-wheel Drive Articulated - Rubber-Tired Tractor/Loader . . . . . . . . . . . 6 - 6 B Resolution 105-1988 adopted PIIBLIC WORRS--ACTION NEEDED: Proceed as authorized Council Meetinq, November 21, 1988 Paqe 4 NEA BIISINE88 (CONTINIIED): Consideration of a Resolution to Advertise for Bids for One (1) Remanufactured, Self-propelled Street Sweeper . . . . . . . . . . . . . . . . . 7 - 7 B Resolution 106-1988 adopted PUBLIC WORRS--ACTION NEEDED: Proceed as authorized Consideration of a Proposed Cable Television Agreement Between ACCW and the City for 1989 . . . . . . . . . . . . . . 8 - 8 D Approved CITY MANAGER--ACTION NEEDED: Proceed as authorized Consideration of a Resolution Authorizing an Increase in Compensation for Fridley City Employees . . . . . . . . . . . . . . . . . 9 Resolution 107-1988 adogted CiTY MANAGER--ACTION NEEDED: Proceed as authorized Consideration of a Resolution Approving an Agents Insurance Service Agreement with T.C. Fields and Company . . . . . . . . . . 10 - 10 G Resolution 108-1988 adopted CITY MANAGER--ACTION NEEDED: Proceed as authorized � Council Meetinq, November 21, 1988 NEW BIISINE88 (CONTINIJED): Paqe 5 Consideration of a Resolution Against Approval of the Petition for a Charitable Gambling Permit by Minnesota Therapeutic Camp, Inc. . . . . . . . . . . . . . 11 - 11 A Resolution 109-1988 adopted by a 4 to 1 vote CENTRAL SERVICE--ACTION NEEDED: Proceed as authorized Claims . . . . . . . . . . . . . . . . . . . . . 12 Approved CENTRAL SERVICE--ACTION NEEDED: Pay claims Licenses . . . . . . . . . . . . . . . . . . . . 13 - 13 B Approved CENTRAL SERVICE--ACTION NEEDED: Issue licenses Estimates . . . . . . . . . . . . . . . . . . . . 14 - 14 A Approved CENTRAL SERVICE--ACTION NEEDED: Adj ourn : Pay estimates Mee NEW BIISINESB: November 21, 1988 Receiving the Minutes of the Planning Commission Meeting of November 9, 1988 Paqe . . . . . 1 - l F� A. Consideration of a Preliminary Plat, and setting a Public Hearing for P.S. #88-01, to Create Tracts A, B, C and D from the ' Existing Legal Description, Generally Located South of 73rd Avenue, East of Central Avenue, North of 69th Avenue and West of Stinson Boulevard, by Onan Corporation ........................1K-10 & 1R-1X PLANNING CONII�IISSION RECOMMENDATION: Approval COUNCIL ACTION NEEDED: Set Public Hearing for Deceiaber 19, 1988 B. Consideration of a Resolution Approving a Lot Split, L.S. #88-06, to Split Outlot B into Two Separate Parcels for Future Combination to Adjacent Parcels in the Plat of Great Northern Industrial Center, Generally Located North of 53rd Avenue, East of East River Road and South of I-694, byWickes Companies .....................10-1P & 1Y-1EF PLANNING COMMISSION RECOMMENDATION: Approval COUNCIL ACTION NEEDED: Consideration oi Recommendation and Approval of Resolution.... Consideration of a Resolution Requesting the State of Minnesota to Establish Mandate Reforms and • Consideration of a Resolution Requesting the State of Minnesota Provide Fundinq to Support Solid Waste Abatement Activities Sponsored by Local Governments . . . 2 - 2 D Z NEW BIISINE88 (CONTINII$D): Consideration of Change Orders 1& 2 for Additional Security at Fridley Plaza Ramp . . . . . . . . . . . . . . . . . . . 3 - 3 B Receiving Bids and Awarding the Contract for Water, Sanitary and Storm Sewer Proj ect No . 18 3 . . . . . . . . . . . . . . . . . 4 - 4 D Receiving Petition No. 24-1988 Requesting Water Facilities be Extended to Service Certain Properties . . . . . . . . . . . . . . . 5 - 5 D , Consider.ation of a Resolution to Advertise for Bids for One (1) 2.25 Cubic Yard Four-wheel Drive Articulated Rubber-Ti�ed Tractor/Loader . . . . . . . . . . . 6 - 6 B 3 ember 21, 1988 NE11 BIISINE88 (CONTINIIED) : Paqe 4 Consideration of a ResoZution to Advertise for Bids for One (1) Remanufactured, Self-propelled Street Sweeper . . . . . . . . . . . . . . . . . 7 - 7 B Consideration of a Proposed Cable Television Agreement Between ACCW and the City for 1989 . . . . . . . . . . . . . . 8 - 8 D Consideration of a Resolution Authorizing an Increase in Compensation for Fridley CityEmployees . . . . . . . . . . . . . . . . . 9 Conside'ration of a Resolution Approving an Agen�s Insurance Service Agreement � with T.C. Fields and Company . . . . . . . . . . 10 - 10 G � i �vuncii ��sLinq, roV@IDD@r 11� l9SS NEW BIISINE88 (CONTINIIED)s Y3g9 � Consideration of a Resolution Against Approval of the Petition for a Charitable Gambling Permit by Minnesota Therapeutic Camp, Inc. . . . . . . . . . . . . . 11 - 11 A Claims . . . . . . . . . . . . . . . . . . . . . 12 Licenses . . . . . . . . . . . . . . . . . . . . 13 - 13 B Estimates . . . . . . . . . . . . . . . . . . . . 14 - 14 A Adjourn: THE MINLTTBS OF THE REGULAR MEETING OF THE FRIDLEY CITY COIINCIL OF NOVEMBER 7, 1988: The Regular Meeting of the Fridley City Council was called.to order at 7:44 p.m. by Mayor Nee. • PLEDGE OF ALLEGIANCE: • Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PRESENTATION OF AWARDS OR PROCLAMATIONS: FRIDLEY VFW PRESENTATION OF FLAG: Mr. Larry Rundle, Commander of the Fridley VFW Post 363, presented a POW/MIA Flag to be flown at the City's Civic Center. He thanked Mr. Burns for acting on this request made by the VFW. Mayor Nee and members of the Council extended their thanks to Mr. Rundle for presenting this flag. Mr. Burns, City Manager, stated the flag will be flown at Moore Lake until construction is completed at the Civic Center. APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER 17, 1988: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following items were added to the agenda: Consideration of licenses for Happy Land Tree Farms and Flameburger Restaurant, and estimates for the Civic Center Improvement Project as of November 4, 1988. Item 11 in regard to a proposed cable television agreement between ACCW and the City was deleted from the agenda. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7. 1988 PAGE 2 MOTION by Councilman Schneider to adopt the agenda as azt►ended. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � . OPEN FORUM, VISITORS: _ , Mr. DuWayne Skoglund, 195 53rd Avenue, requested that building permit fees be waived for construction work that is necessary in the Horizon Circle area due to the drought. Mr. Skoglund stated he had made a previous request the last time he attended a Council meeting to divert traffic on 53rd Avenue while these improvements were being completed. He stated his concern was due to the truck traffic, there may be cave-ins. He stated the contractor working on his home contacted the City regarding this issue. Mr. Skoglund stated Mark Burch of the City's Engineering Department came out to his home and felt there would not be a problem and several days later there was a cave-in. Mr. Flora, PubZic Works Director, stated staff indicated to the residents in this area that the City would work with the County and State to try and divert this truck traffic, if prior notice was given and a minimum of two weeks was needed. He stated the contractor called the City offices the day he started the excavation work. He stated Mr. Burch felt the ground was stable and there would not be a problem. Mayor Nee stated staff would review Mr. Skoglund's request to waive the building permit fees. Mr. Herrick, City Attorney, stated this may be a similar situation as was done at the time of the tornado. Councilwoman Jorgenson asked if a part of the building permit fee goes to the State. Mr. Robertson, Community Development Director, stated it does and this portion could not be waived. Mr. Herrick felt the Council should wait for a report from staff before taking action on this request. He stated if the request is approved and the building permit fees have been paid, they can be refunded. Mrs. Skoglund, 195 53rd Avenue, asked if there was any assistance the Council could give regarding insurance. She stated they cannot obtain insurance coverage for their home because of the problem with the soil. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7. 1988 PAGE 3 Councilwoman Jorgenson stated Representative Wayne Simoneau has written a letter to the Insurance Commis�ioner and she believed Commissioner Hatch's office is working on this issue. ' , Mr. Skoglund stated he understood there is nothing Comm�ssioner Hatch can do and his hands are tied. � Councilwoman Jorgenson stated she felt there will be some legislation this year regarding what has happened in the Horizon area. Mr. Skoglund felt it would be helpful if the City sent a letter to Commissioner Hatch regarding this problem. Mr. Herrick stated the State may possibly act to include these residents in a pool for insurance coverage. Mayor Nee asked Councilman Fitzpatrick if he could write to Commissioner Hatch regarding this problem. Councilman Fitzpatrick stated this could be done and he would also inform Wayne Simoneau. NEW BUSINESS• 1. CONSIDERATION OF REVIEWING RESPONSE TO PUBLIC HEARING ON APACHE CAMPING CENTER: Mr. Herrick, City Attorney, stated Findings of Fact, Conclusions of Law and Order have been prepared for the Council's consideration. He stated if this is approved, a declaratory judgment action would be commenced in District Court. Mr. Herrick stated the door should not be closed to other negotiations while this action is proceeding. Mr. Robertson, Community Development Director, stated the City staff inspected these premises the Friday after the public hearing. He stated, at that time, the permit holder was moving units behind the building. He stated last week there was one unit remaining which protrudes and the unit is still there. He stated it is possible to display probably one unit behind the front building line and still have space for customer parking. He stated in order to accomplish this, however, he felt units had to moved off the site. MOTION by Councilman Fitzpatrick to adopt the Findings of Fact, Conclusions of Law and Order in Revocation of SP #77-04, Apache Camping Center and to instruct staff to insert the date the notice was mailed to the permit holder and the number of pages in the exhibit. Seconded by Councilman Schneider. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7. 198$ PAGE 4 Councilwoman Jorgenson asked if the owner felt he could i�ring this site into compliance within a reasonable period of time: � Mr. Robertson stated when he was out to the site, he was given'the impression that they were going to bring it into compliance and was surprised to find that one unit is still protruding into the building line. • Councilman Jorgenson asked if there was anything said on the owner's part to indicate he would not comply by next year. Mr. Robertson answered in the negative. Ms. Pat Webb, 146 Stonybrook Way, asked if the owner, Mr. Pawelski, had applied to have the special use permit reconsidered. Mr. Robertson stated he has not applied to have the special use permit modified. Mr. Herrick stated if the Council's motion passes, there would be a period of probably 90 days before the matter would be heard in Court so there would be ample time to negotiate for a satisfactory solution. Ms. Webb asked if the Council felt the residents wanted this business located there, if they would initiate modification of the special use permit. Councilman Fitzpatrick stated the integrity of the whole special use permit process is really at stake. He stated the City has been frustrated by Mr. Pawelski's absolute refusal to comply with the provisions of the special use permit. Mayor Nee stated the City would like Mr. Pawelski to remain at this location, but they also want him to comply with the stipulations. He stated he could, however, request a modification of the special use permit. Councilwoman Jorgenson asked if Mr. Pawelski was advised of this meeting to which Mr. Robertson answered in the affirmative. Ms. Webb stated this is a good business for the community, but was disappointed Mr. Pawelski was not present. Councilwoman Jorgenson asked if the setback requirements have changed since Mr. Pawelski was issued the special use permit. Mr. Robertson stated the setba�cks are not an issue, but the number of units allowed in front of the building. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7. 1988 PAGE 5 Councilman Fitzpatrick stated the stipulations were to protect the neighbors and even though some have not changed their opinion, it seems the attitude towards this business in the neighborhood is changing. ' . Ms. Webb stated from talking to her neighbors, they were.worried there would be too much traffic when Mr. Pawelski opened this business. She stated this has not been a factor and is a good neighborhood business because it is quiet. She stated she realizes the Council's position, but felt if there was more of an open attitude that Mr. Pawelski could work with the City he may have been at this meeting. Mayor Nee stated the City would like to achieve a suitable arrangement, but has made numerous attempts to seek compliance and Mr. Pawelski states he cannot comply. Mr. Kirk Hart, representing the Chamber of Commerce, stated the Chamber's position is that all businesses be treated fairly. He stated they feel for Mr. Pawelski, but at the same time, there are other businesses that have special use permits and must comply with the provisions. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Billings stated he did not want to mislead anyone, but from his own point of view and some of Mr. Pawelski's own statements, he is not going to change his method of operation. He felt he could not guarantee the City could accommodate Mr. Pawelski as he has outgrown the site. He stated he hoped he could restructure his business to continue operating at this location. He stated he is not sure, even if Mr. Pawelski requested modification of the special use permit, he would be willing to grant his request. 2. RESOLUTION NO. 100-1988 AUTHORIZING CHANGES FOR THE CAPITAL IMPROVEMENT FUND FOR THE CIVIC CENTER REMODELING FUND: Mr. Pribyl, Finance Director, stated Boarman and Associates, the architects for the Civic Center remodeling, completed a space allocation plan and proposed the use of an open office space concept regarding the type of furniture for the Civic Center. He stated it is recommended the City utilize a governmental contract to purchase this furniture. Mr. Pribyl stated the Hennepin County contract is provided for governmental jurisdictions so they do not have to go. through the entire bidding process. He stated it is recommended the furniture be purchased through Allsteel. Mr. Pribyl stated this resolution modifies the previously established budget and adds $333,091 from the Capital Improvement Fund to the Civic Center Remodeling Fund. He stated the original _ _ _ - �'RIDLEY CITY COUNCIL MEETING OF NOVEMBER 7. 1988 PAGE 6 thought was to purchase furniture over a period of years•ar�d staff is recommending the furniture be purchased all at one time. He stated this resolution would actually provide the budget authority for the total purchase. MOTION by Councilman Schneider to adopt Resolution No. 100-1988. Seconded by Councilman Fitzpatrick. Councilman Schneider stated the Council has been reviewing these figures over the last several months and staff has investigated all alternatives. He stated this seems like a good proposal. Mr. Pribyl stated staff and the Council have taken considerable time checking on furniture for the Civic Center and he felt confident in proceeding through the Hennepin County government contract to obtain the best price and quality. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted - aye, and Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF HOCKEY RINK SITE: Mr. Flora, Public Works Director, stated in October, the residents of the Briardale area requested the Parks and Recreation Commission locate an ice hockey facility in their neighborhood. He stated four possible locations have been identified to support this request; Harris Pond, Gardena School, Moore Lake Beach and Hackmann Circle. He stated of these sites, the Gardena School location is most centralized, provides best access, and the least amount of construction effort. Mr. Flora stated a meeting was held with the Islamic Society of Minnesota, owners of the Gardena School property, about obtaining an easement for locating the rink on their property. He stated they are, basically, in support of this hockey rink, but were concerned with several items involving the specific period of operation, an agreement to resolve the parking should a problem occur, a liability exclusion, and the defraying of the cost of the storm water retention pond outflow pipe construction. Mr. Flora felt if there is some sharing in the cost of the storna water retention pond outflow pipe, a 15 year lease may be obtained. Mr. Flora stated staff would recommend the Council approve this site for a hockey rink and authorize the use of Public Works Maintenance, 1989 Tennis Court Lighting Project and RECreational Budget funds to defray the costs. He stated labor costs would be approximately $3,000, lighting about $7,000, and $1,000 for warming house rental. Mr. Flora stated the cost for the storm water retention pond outflow pipe construction is about $40,000 and it was felt that possibly there could be a 50/50 split for this item. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7 1988 PAGE 7 He stated the City would be adding additional water due to the rink. • Councilman Schneider stated the drawbacks of the Moore Lake site was that those using the rink would have to cross Old Central and the cost of preparing the site. • Mr. Flora stated a new baseball field would have to be installed at Moore Lake, if this site was used for a hockey rink. Councilman Schneider asked how many homes would be affected if the hockey rink was located in the northwest corner of the site. Mr. Flora stated the rink would abut two residential lots off Gardena Circle. He stated the rink would be closed at 8:30 in the evening and the lights would be off after this time. MOTION by Councilman Schneider to authorize staff to continue negotiations with the Islamic Society of Minnesota for an ice hockey rink at the Old Gardena School location and use Public Works Maintenance, 1989 Tennis Court Lighting Project and Recreational Budget funds to cover costs for the rink so it may be in operation for this year's hockey season. Seconded by Councilman Fitzpatrick. Councilman Schneider asked if the Fridley Hockey Association supports this site. Mr. Flora stated they had requested a facility in this area. Mr. Burns, City Manager, stated the costs the City would be looking at are $20,000 for the storm drainage problem and an additional $3,000 for site preparation, $7,000 for lighting, and $1,000 for warming house rental. Councilman Billings asked if some of the costs for the storm water retention pond outflow pipe could be borne by future development in the area. Mr. Flora stated this could be considered at some future time when development may occur. Councilwoman Jorgenson asked where persons would park. Mr. Flora stated the majority' of the people would probably park on the street. He stated he did not believe those using the rink would be driving. He stated there is a parking lot on the property, but the rink is really a practice rink. He stated there would not be any scheduled games at this site. Mr. Flora stated the parking was discussed with the Islamic Society and they have an agreement with Totino-Grace to use their parking lot for overflow parking. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7. 1988 PAGE 8 Councilwoman Jorgenson asked if the rink would be used seven days a week. Mr. Flora stated it could be used at any time.• Councilman Schneider asked if parking is available at ariy of,the other rinks. Mr. Flora stated several have parking lots or limited parking and at others, people park on the street. '. Mr. Flora stated iF the Council's motion passes, residents in the area will be contacted regarding this proposal for the rink to be located at this site. He stated there is quite a distant from the rink to the residential homes. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilman Schneider, Councilman Billings and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 4. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 19. 1988: A. CONSIDERATION OF SETTING A PUBLIC HEARING ON NOVEMBER �I�___�.988 FOR REZONING FROM C-3, GENERAL SHOPPING, T� R-3, GENERAL MULTIPLE DWELLING, ON LOT 2, BLOCK 1. PEARSON'S SECOND ADDITION AND OUTIAT A, PEARSON'S SECOND ADDITZON, GENERALLY IACATED NORTH OF 77TH AVENUE AND EAST OF EAST RIVER ROAD, BY PAUL SCHAEFER: MOTION by Councilman Fitzpatrick to set the public hearing on this rezoning for November 21, 1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes of the Planning Commission meeting of October 19, 1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF SETTING A PUBLIC HEARING ON NOVEMBER 21 1988 FOR REVIEW OF A SPECIAL USE PERMIT, SP #87-17. ALLOWING EXTERIOR STORAGE OF MATERIALS AND EOUIPMENT ON PART OF LAT l, AUDITOR'S SUBDI�7ISION NO. 19. THE SAME BEING 4500 MAIN STREET N.E., BY CENTRAL ROOFING COMPANY: MOTION by Councilman Fitzpatrick to set the public hearing on this item for November 21, 1988. Seconded by Councilman Schneider. Counci2man BiZlinqs asked if the neighboring property owners would be notified of this hearing. Mr. Flora, Public Work Director, stated once the hearing is set, FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1988 PAGE 9 persons would be notified. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. . 6. CONSIDERATION OF ADVERTISING FOR A WATER SUPPLY SYSTEM STUDY: Mr. Flora, Public Works Director, stated funds were appropriated in the 1989 budget for a water supply study. He stated the study is necessary to determine the adequacy of the City's existing wells and distribution system and to investigate the possibility of installing a new well near Moore Lake. He stated it is requested Council authorize the advertising for requests for proposal for this study. MOTION by Councilwoman Jorgenson to authorize the advertising of request for proposals for the water supply system study. Seconded by Councilman Billings. Councilman Schneider asked the estimate for the costs of this study. Mr. Flora stated $40,000 has been budgeted, but it is hoped the cost would be between $20,000 to $25,000. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mayor Nee asked if a letter was sent to Congressman Sikorski regarding the lead problems in water supplies. He felt there should be some documentation or statement if there is a health problem. Mr. Flora stated the City was never notified of the public hearing an the issue of amending the Safe Water Act. He stated, to his knowledge, the bill has not passed as yet. He stated he was advised by the League of Minnesota Cities that it has not become law and will be an issue at the League of Cities Conference in Boston. He stated there would be a special session on this issue. 7. RESOLUTION NO. 101-1988 OPPOSING THE SPREADING OF COSTS FOR COMBINED SEWER SEPARATION UPON THE STATE TREASURY: Mr. Flora, Public Works Director, stated the Suburban Rate Authority's Legal Counsel has identified a 1988 State legislative action which forgave the repayment of $32 million in State loans to Minneapolis and St. Paul for their separation of combined sanitary and storm sewers. He stated, in addition, they have identified a$49 million shortfall in the Federal program funding for this work. He stated due to these facts, the SRA's Executive Committee is deeply concerned about the cost that will be transferred to the metropolitan tax payer. Mr. Flora stated this resolution objects to the loan repayment FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1988 PAGE 10 action and suggests that the affected cities of Minneapolis and St. Paul bear the costs of separating and replacing their combined sewers, the same as all other cities have done in the p�st. MOTION by Councilman Billings to adopt Resolution No. 101-1988. Seconded by Councilman Schneider. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously. � 8. RECEIVING PETITION NO. 21-1988 REOUESTING IMPROVEMENTS TO THE SEARS PARKING LOT AND AGREEING TO PAY 100 PERCENT OF THE IMPROVEMENTS FOR STREET IMPROVEMENT PROJECT NO. ST. 1988 - 1 & 2• AND CONSIDERATION OF CHANGE ORDER NO. 4 FOR STREET IMPROVEMENT PROJECT NO. ST. 1988 - 1& 2: MOTION by Councilman Schneider to receive Petition No. 21-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated due to revisions in the Sears parking lot on the north and west sides, it would not be possible to patch the parking lot asphalt and provide adequate drainage. He stated the property owner has been notified of the drainage problems and they have requested the City take necessary steps to prevent water from standing in the lot. He stated it is believed drainage can be provided for the lot by installing two catch basins and overlaying the parking lot. Mr. Flora stated the contractor called this morning with a revised amount for the irrigation system from $6,500 to $14,574 which is shown as Item 13 in the change order. He stated this amount has been discussed with Mr. Applebaum and he agrees the additional irrigation system is necessary and the total cost of this project will still be within the budget. MOTION by Councilman Schneider to authorize Change Order No. 4 in the amount of $47,109.75 with C.S. McCrossan Construction Company, Inc. for Street Improvement Project No. St. 1988 - 1& 2 for a revised contract amount of $987,770.75. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF PETITION NO. 23-1988 RE4UESTING THE REMOVAL OF A BOULEVARD TREE AT 129 HORIZON CIRCLE: Mr. Flora, Public Works Director, stated Mr. Dzubak, 129 Horizon Circle, has petitioned the City for removal of the boulevard tree in front of his property. He stated this is the only large tree on the property and located directly in front of the home that has FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1988 PAGE 11 experienced foundation settlement in line with the tree. He stated the City's soil consultant has indicated that the tree contributed to the cause of the water loss, clay consolidation; and �footing settlement. He stated the tree is an Elm susceptible to disease and there are no other trees on the property. He recommended�the City approve the request of the homeowner to remove the t'ree, with the understanding that no replacement trees will be provided. MOTION by Councilman Fitzpatrick to receive Petition No. 23-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to authorize the City staff to remove this boulevard tree. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF A MOTION TO ALLOW A PORCH TO BE BUILT OVER A SANITARY SEWER EASEMENT LOCATED AT 5505 WEST DANUBE ROAD: Mr. Flora, Public Works Director, stated the property owner at 5505 West Danube Road would like to build a deck on the northeast side of his home that would encroach four feet into the existing utility easement running along the north side of the property. He stated staff has inspected the property and does not feel it would create a problem if the City had to perform maintenance on the storm sewer line. He stated it is recommended the Council approve the encroachment into the utility easement, with submittal of a hold harmless agreement that can be recorded at the County. MOTION by Councilman Schneider to approve the encroachment into the utility easement at 5505 West Danube Road with the stipulation that the petitioner enter into a hold harmless agreement to be recorded at the County. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. CONSIDERATION OF A PROPOSED CABLE TELEVISION AGREEMENT BETWEEN ACCW AND THE CITY FOR 1989: This item was deleted from the agenda. 12. CONSIDERATION OF APPROVAL OF AN OPTICOM WORK ORDER: Mr. Aldrich, Fire Chief, stated this is a request for additional funds for work on the Opticom system in the south University Avenue corridor. He stated the contract was awarded based on a quotation requested by the City and the�contractor assumed that existing cableways, conduits and manholes in place by the Minnesota Department of Transportation could be used for wiring Opticom. He stated difficulties were encountered at two installation sites and required additional conduit to complete the wiring of the system. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7. 1988 PAGE 12 He stated the contractor has submitted an invoice for additional work ontside the scope of the quotation. He stated he has met with the contractor and informed him he must not start work outside of the scope of the quotation and felt this will not happ�n again. He stated the additional costs were $812.00. MOTION by Councilman Fitzpatrick to authorize the additiorial funds in the amount of '$812.00 for the Opticom system. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. CONSIDERATION OF A CHARITABLE GAMBLING LICENSE TO MINNESOTA THERAPEUTIC CAMP. INC.: Mr. Burns, City Manaqer, stated this is a request to waive the 60 day waiting period for a charitable gambling license. He stated staff is recommending this waiting period not be waived. Councilwoman Jorgenson stated she believes the ordinance allows only pull-tabs in liquor establishments. Mr. Herrick, City Attorney, stated it is suggested this 60 day period not be waived in order to allow staff to further review the request and to determine if it meets the requirements of the ordinance. MOTION by Councilwoman Jorgenson to refer this item to staff to determine if the request complies with the requirements of the City's ciiaritable gambling ordinance. Seconded by Councilman Schneider. Upon a voice vote, aIl voting aye, Mayor Nee declared the motion carried unanimously. 14. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claims No. 23032 through 2�3375. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, 15. LICENSES• MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office including the license for the Christmas tree lot by Happy Land Tree Farms and the cigarette license for Flameburger Restaurant. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7 1988 PAGE 13 submitted: Smith, Juster, Feikema, Malmon & Haskvitz , Suite 301 6401 University Ave., N.E. . Fridley, Mn 55432 . For Services Rendered as City Prosecutor For the Month of July, 1988. . . . . . . . . . . .$ 7,530.00 Herrick & Newman, P.A. 6401 University Ave., N.E. Fridley, MN 55432 For Services Rendered as City Attorney For the Month of October, 1988 . . . . . . . . . .$ 4,457.48 Eugene A. Hickok & Associates 545 Indian Mound Wayzata, MN 55391 Moore Lake Phase II Project No. 149 Partial Estimate . . . . . . . . . . . . . . . . . $ 1, 727 . 22 C.S. McCrossan, Inc. P.O. Box 1240 Maple Grove, MN 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 7 . . . . . . . . . . . . . . . . . . $112, 603 . 06 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES FOR CIVIC CENTER IMPROVEMENT PROJECT AS OF NOVEMBER 4, 1988: MOTION by Councilman Schneider to approve the estimates for the Civic Center Improvement Project as of November 4, 1988 as submitted for a total of $123,703. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Burns, City Manager, reviewed some of the preliminary items to be discussed at the Council's Conference Meeting next Monday evening. He stated a special meeting may be called on this date, November 14, to certify the election results. ADJOURNMENT• MOTION by Councilman Billings to adjourn the meeting. Seconded by �'RIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1988 PAGE 14 Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council adjourned at 9:42 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: THE MINIITES OF THE BPECIAL MEETING OF TH$ FRIDLSY CITY COiJNCIL OF NOVEMBER 14. 1988 The Special Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None CANVASS OF ELECTION OF NOVEMBER 8 1988• MOTION by Councilman Fitzpatrick to accept the canvass. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Special Meeting of the Fridley City Council adjourned at 7:39 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor 1 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 9, 1988 --------------------------------------------------------------- CALL TO ORDER: Chairperson Betzold called the November 9, 1988, Planninq Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Donald Betzold, Dave Kondrick, Dean Saba, 5ue Sherek, Alex Barna, Paul Dahlberg Members Absent: None Others Present: Barbara Dacy, Planning Coordinator Kathlyn Castle, Planning Assistant Steve Billings, City Councilmember Mary Gabler, Community Development Corp. Maclay Hyde, 33 South 6th St. Karen Arnold, Onan Corp. John Culligan, Boarman Architects Jeff Nammacher, Coldwell Banker Jamie Stevenson, Wickes Bruce Opp, Burlington Northern APPROVAL OF OCTOBER 19 1988 PLANNING COMMISSION MINUTES: MOTION by Mr. Barna, seconded by Mr. Saba, to approve the October 19, 1988, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. I. PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #88-04, BY COMMUNITY DEVELOPMENT CORPORATION FOR THE ARCHDIOCESE OF MINNEAPOLIS AND ST. PAUL: To rezone from R-2, Two Family Dwelling and C-3, General Shopping Center, to R-3, General Multiple Dwelling, on Lots 1 through 16, Block 1 and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, generally located east of St. Williams Church. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-15. BY COMMUNITY DEVELOPMENT CORPORATION FOR THE ARCHDIOCESE OF MINNEAPOLIS AND ST. PAUL: Per Sec�ion 205.09.O1.C.7 of the Fridley City Code to allow homes for the elderly on Lots 1 through 16, Block 1, and Lots 1 and 30,� Block 2, Norwood Addition to Fridley Park, generally located e3st of St. Williams Church. 1A PLANNING COMMISSION MEETING NOVEMBER 9 1988 PAGE 2 MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:36 P.M. 3. CONSIDERATION OF A LOT SPLIT, L.S. #88-05, BY COMMUNITY DEVELOPMENT CORPORATION FOR THE ARCHDIOCESE OF MINNEAPOLIS AND ST. PAUL: To create a separate parcel from the Norwood Addition to Fridley Park plat to be described as Lots 1 through 16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated alleys. The site totals 121,500 square feet and is generally located east of St. Williams Church abutting 5th Street N.E. MOTION by Mr. Kondrick, seconded by Mr. Barna, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:37 P.M. Rezoning Request Ms. Dacy stated the parcel is located adjacent to 5th Street just north of 61st Avenue. The property is presently zoned C-3 and R- 2. The R-2 area abuts directly to 5th Street and the commercial zone is located on the rear side of the parcel directly adjacent to the Moon Plaza Shopping Center. Because the parcel is bisected by two districts, staff advised the applicant to petition for a rezoning to an R-3 district. The R-3 district is a multiple family dwelling district and allows homes for the elderly as a special use. Even though the current districts do allow homes for the elderly either as a permitted use or special use. Staff recommends rezoning the property to R-3 would be appropriate because the C-3 and R-2 zoning do not provide the lot structure requirements to adequately control the site plan for an apartment project for the elderly. The R-3 zoning in this location would also be appropriate because it would act as a buffer from the Moon Plaza Shoppinq Center and the commercial area in general to the single family area and the two family area to the east and north. Ms. Dacy stated staff finds the intent of the R-3 district and the uses permitted in the district are consistent and compatible with the adjacent land uses and zoning. In the staff report,. it was pointed out that the R-3 district does allow for motels and hotels as special uses; however, it is obvious that this particular location would not be appropriate for those uses and that the City would have the ability to deny those requests if the apartment project for the elderly was not consummated. 1B PLANNING COMMISSION MEETING NOVEMBER 9 1988 PAGE 3 Ms. Dacy stated rezoning the parcel to multiple family dwellinq district would be consistent with the Comprehensive Plan, and the subject parcel is identified in the Comprehensive Plan as a potential site for medium density housing. Also, construction on this property is consistent with the Center City Redevelopment Plan for the area. Ms. Dacy stated staff's recommendation is the Planning Commission recommend approval for rezoning the property to R-3, subject to approval of the lot split application. Special Use Permit Request Ms. Dacy stated the special use permit application is to allow the elderly apartment project on the subject property.. She stated the R-3 district requires 2,500 square feet of lot area for every unit built. In order to meet the lot area requirement, it is necessary to reserve what the applicant is calling a"open air easement" and what staff is calling a"lot area easement" to preserve this area in the church property from future development. The R-3 district also allows a lot area reduction for promoting underground parking spaces. - Ms. Dacy stated the applicant's site plan shows proof of parking required by City Code. Because it is an elderly project, only 78 spaces will be used at this time and an additional parking area for 39 spaces will not be constructed at this time. Community Development Corporation manages a number of units and projects in the metropolitan area; and based on their past experience, the proposed parking area is adequate with the extra 39 spaces in reserve if it is needed in the future. Ms. Dacy stated the building will be shaped in an "H" manner in order to emulate the lot widths and existing pattern across the street. That shape also helps break up the mass of the building on the property. The exterior of the building will be brick face masonry with rock face block and horizontal wood siding between the second and third floors. Ms. Dacy stated the applicant is working on landscaping with staff. One of staff's primary concerns is screening along the rear of the property and that is one of the applicant's concerns also. Three options have been suggested by staff: (1) a combination of fencing and landscaping; (2) landscaping only; (3) fencing only. Ms.• Dacy stated the Engineering Department has indicated a storm water management plan will be required at the time of the buildinq permitf At this time, it is felt that the pond can be located in the area� of the open air easement on the St. Williams Church property. �� PLANNING COMMISSION MEETING, NOVEMBER 9. 1988 - PAGE_4 Ms. Dacy stated because it is the concern of the City to control the project as an elderly project, so staff recommends that the applicant file restrictive covenants against the property requirinq that the project remain as an elderly project. Ms. Dacy stated staff is recommending the Planning Commission recommend approval of the special use permit with the following stipulations: 1. The applicant shall submit a storm water management plan at the time of building permit application. 2. The applicant shall comply with the conditions of approval for the lot split application. 3. The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment building to be rented to the general public. The covenants shall be reviewed and approved by the City Attorney's office prior to recording. 4. A revised landscape plan shall be submitted at the time of building permit application, containing the following changes: A. Japanese Greenleaf Barberry Hedge along the front parking area shall be installed and maintained at a height of 3-4 feet and spaced at 1 1/2 - 2 feet. B. All trees shall be balled and burlapped. No tree spaded Evergreens will be perrnitted. C. Street trees shall have a 2 1/2 inch caliper. The Cranberry trees shall have a 1 3/4 inch - 2 inch caliper and the shrubs shall be either 2 feet in height or in 5 gallon pots. D. In order to accomplish consistent screening along the rear lot line in compliance with Section 205.09.07.B, the applicant shall install one of the three combinations of fencing and landscaping: 1. Install an eight foot privacy fence with five Silver Maples 2. Install a Continuous Spruce Evergreen planting of ten • foot trees at 10-15 foot spacing. �3. Install and maintain a hedge at minimum 6-8 feet of � Techny Arborvitae, Upright Juniper or Amur Maple spaced � at 1 1/2 - 2 feet. 5. The applicant shall install an underground lawn sprinkling system to maintain all lawns and landscaping on the property. 1D PLANNING COMMISSION MEETING. NOVEMBER 9, 1988 PAGE 5 6. All parking areas shall be striped and shall be lined with concrete curb. 7. Park dedication fees shall be paid at time of building permit application. Lot Split Request Ms. Dacy stated the applicant is requesting subdivision approval to divide the St. Williams property into two lots, one lot which will contain the existing buildings and the second lot which will contain the proposed senior housing project. Ms. Dacy stated staff is recommending the Planning Commission recommend approval of the lot split with the following stipulations: 1. Submit an easement agreement to be reviewed and approved by the City Attorney's office addressing the following issues: a. Stating the legal description of the easement b. Prohibiting building construction within the easement. c. Recognizing the existence of the church parking area. d. Allowance of a storm water management pond or other drainage and utility structures. e. Other issues as determined by the City Attorney. 2. The easement shall be recorded in conjunction with filing of the lot split at the Anoka County Recorder's office. 3. The applicant shall submit a survey of the entire property and provide the legal description for both parcels and the easement after City Council preliminary consideration. Ms. Mary Gabler, Director of Community Development Corporation for the Archdiocese of Minneapolis and St. Paul, stated the Corporation was formed in 1974. She stated it is a nonprofit organization that has built about 1,500 units around the metroplitan area over the last 14 years. About one-half of the units are elderly and the other one-half are family units. She stated they also own a management company called Westminster Management, which manages about 2,500 units right now in the metroplitan area. She stated they were approached a couple of years ago by St. Williams Church who had put out a request for proposal to developers. As a result of a study done of the seniors in their church, they felt there was a need •for some moderate income elderly housing in Fridley. Subsequent to that, St. Williams chose the Community Development Corporation to act as a developer for Norwood Square. Community Development Corporation followed up and had a professional market study done which showed there was a need for approximately 70 units of moderate income senior housing in this area. 1E PLANNING COMMISSION MEETING. NOVEMBER 9. 1988 PAGE 6 Ms. Gabler stated they are very excited about this site. What is nice about this site, particularly for senior housing, is the accessibility to churches, a community center, and shopping. They are a little concerned about the back of Moon Plaza and they were happy that staff came up with further recommendations for landscaping in the rear. Mr. Dahlberg asked if there was any potential for e�ansion on this site in the future. Ms. Gabler stated, given the way the building is laid out architecturally on the site, there really is no space to expand. Mr. Saba asked Ms. Gabler if she was comfortable with a density of 70 units. Ms. Gabler stated she is because they have developments with tighter density that have been very successful. The open air easement will help and the landscaping will help. What they have found with moderate income seniors is they like to look at green space, but some people also like to watch traffic and request apartments over parking areas. So, they really get a diverse view from seniors. She thought the architects have done a good job in designing the project. Mr. John Culligan, Project Manager for Boarman Associates, stated they are the architects for this housing project. The focus of the Community Development Corporation and Boarman Associates is to develop a senior housing project, primarily for the senior citizens of Fridley, and they want to develop a project that fits into this neighborhood and Fridley. The are proposing a 3-story, 70-unit senior housing project--50 one bedroom units of approximately 600 square feet in floor area and 20 two bedroom units of up to 1,000 square feet in floor area. Mr. Culligan stated in terms of parking, they are providing 53 underground parking stalls which are accessed from a driveway along the north side of the property and then into the back end of the building. They are also providing 25 surface parking stalls, 15 along the north side and 10 along the east side along the front of 5th Street. Mr. Culligan stated what makes this project in terms of the R-3 district rezoning, which they are requesting, is that the combination of the underground parking stalls and the open air easement provides the adequate site plan square footage to accommodate a 70 unit housing project. Mr. Culligan stated that through a series of design elements, they are trying to bring the building down in scale--to minimize the scale horizontally. They have done this in a couple of ways: 1F PLANNING COMMISSION MEETING NOVEMBER 9 1988 - PAGE 7 1. The configuration of the building. They have developed basically an H-shaped building•with primarily two wings. That breaks down the scale of the building. The H-shape is developed so that approximately 2/3 of the building is 100 feet back from the property line. The requirement for an R- 3 building is a minimum of 35 feet from the property line. One-third of the building is at 35 feet, but that is also a smaller portion of the front facade. 2. They have provided a hip roof. Many of the roofs in this area are hip roofs. That also breaks down the scale of the building from the front, sloping it so the main peak which is at 40 feet above grade is back 40 feet from the front face of the building. Mr. Culligan stated they are working with staff on the landscaping. Staff has made some very good recommendations which they are followinq in terms of landscaping and in terms of the general appearance of the project. Mr. Culligan stated the entrance for primarily visitor parking occurs at the center point of the building. They have a central entrance and a central lobby. Some of the other spaces they are providing for the seniors are private storage spaces, laundry facilities, and community room with kitchenette at the back of the building with a walk-out plaza area. Mr. Culligan stated that in terms of the location of the building to the rear property line. The minimum is 40 feet. Their building is 65 feet from the rear property line. That allows for a private plaza area/patio area for the residents. It also provides the potential for the storm water management ponding area which will be located back along this area, unless at some future date they have to construct the additional parking area. Then, they would have to possibly build the ponding area in the easement. Mr. Culligan stated they feel this building is going to fit in well with the neighborhood. He described the building facade. Mr. Kondrick asked about the security system. Ms. Gabler stated this building will actually have two security systems: 1.. A personal security system within the apartments with emergency cord pull systems located in the bathroom and bedroom: When pulled, the emergency call will be answered by an on-site manager or on-site caretaker. If they do not answer, then the system is hooked up to an emergency call system that dials "911". 1G PLANNING COMMISSION MEETING NOVEMBER 9 1988 - PAGE 8 2. There will be the telephone entry type system where someone has to come into the lobby area and dial the resident's apartment. The resident then must push a button to open the security door to let the visitor in. Mr. Kondrick asked about rental costs. Ms. Gabler stated they are trying to stay within the range of $475 for a one bedroom unit to $750-800 for a two bedroom unit per month. That is the range their market study said was feasible in this area. A lot depends upon the interest rate and how they proceed with the development. Mr. Betzold asked what Community Development Corporation's experience has been with parking situations; for example, visitor parking on special occasions and holidays? Ms. Gabler stated they have done 17 elderly developments and 90$ of those buildings have 50� on-site parking or underground parking. They have never had to expand their parking, even though in almost every one of those developments, the cities have asked to be shown proof of parking. They have found that when people move in, they have cars; but after a couple of years, the residents begin utilizing the local transportation systems more and use their cars less. On occasions such as Mothers Day and Christmas, there might be more traf f ic than they can deal with and there might be some parking on the street on those days, but never for long periods of time. It has never become an issue with any of their other projects. A lot of people are also gone on holidays. She was inclined to think that the underground parking would be used, and the surface parking not used very much by the residents, so the surface parking could be used by the visitors also. Mr. Barna asked about lighting for the entryway and around to the rear parking garage area for security reasons. Mr. Culligan stated the general design characteristics will require them to provide adequate lighting along the drive and they will also flank the entrance with wall mounted light fixtures. As far as lighting the entrance, they have developed a portico that projects out to the drive that will be lit with can lights underneath. The lighting along the drive will be nondescript fixtures that will light the drive area and the entrance with covers to keep the lighting from going more than 30 deg�ees and projecting out into the street. At this time, however, they are talking about design concepts only which have not yet been put down on paper,-and they have not done the engineerinq on the fixtures and lighting spreads. Mr. Dahlberg asked if the trash containers would be outside the 1H PLANNING COMMISSION MEETING NOVEMBER 9, 1988 - PAGE 9 building or stored inside the building. Ms. Gabler stated the residents will put their garbage down a chute. The garbage goes into a dumpster located in the lower parking level. In most cases, the site manager or maintenance manager will push the trash dumpster outside on pickup day for the trash hauler. There will never be trash containers stored outside the building. Mr. Betzold asked if there was anyone in the audience who had any comments/concerns regarding the rezoning request. There was no response. Mr. Betzold asked if there was anyone in the audience who had any comments/concerns regarding the special use permit request. Ms. Dacy stated the Community Development Corporation did conduct a neighborhood meeting in October, and some neighbors did attend that meeting and did ask questions. The reaction of the neighbors at the meeting was favorable. She stated staff has not received any telephone calls since that meeting. - Mr. Betzold asked if there was anyone in the audience who had any comments/concerns regarding the lot split request. Ms. Kathleen Brady, 6161 5th Street N.E, asked if St. Williams had any plans for developinq the rest of the area that would remain church property. John Brandes, Pastor of St. Williams Church, stated the current plan is to develop a space no larger than the educational portion of their building and create a new entrance on the east side of the church with a turn-around. Ms. Gabler stated she would encourage the neighbors to stop at 5t. Williams Church and loak at the scale model that is on display. Mr. Barna asked staff if there was any reason for the open air easement to be under the covenant along with the senior housing site. If the Church should decide to build another structure on their property, there might not be enough square footage to allow a structure if the open air easement is tied up with the s�me covenant for the senior housing site. Ms: Dacy stated the Church would have to recognize that there may be some'future implications on the future development of their property,because of the reservation of that open air easement. PLANNING COMMISSION MEETING. NOVEMBER 9. 1988 - PAGE 10 1! Mr. Malcolm Mitchell, 1225 Regis Lane, stated he is a member of the Elderly Housing Task Force for St. Williams Church. The Task Force helped put this project together. He stated that from the Church's perspective, they have understood that this is an easement that will be there; and if at some point in the future they want to build something on their property, then there would be the opportunity to come back to the Planning Commission and City Council and request some variance from that easement, if it is necessary. Also, he thought they understood that they could not put any permanent structure on the easement, except for the possibility of parking for the handicapped, for example, or something like that. Mr. Barna suggested that the people from St. Williams might want to work with the legal staff before the City Council meeting to reword the covenant in such a way that the covenant would apply only to the physical description of the senior housing site and that the open air easement would not be under the senior covenant but under a covenant for open air and no structures. It would leave it open for future development plans with less problems in the future. Mr. Dahlberg stated they are also not being asked to rezone the open air easement, so that portion will retain its C-3 and R-2 zoning. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing for rezoning request, ZOA #88-04, and special use permit request, SP #88-15. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 8:41 P.M. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of Rezoning, ZOA #88-04, by Community Development Corporation for the Archdiocese of Minneapolis and St. Paul, to rezone from R-2, Two Family Dwelling, and C-3, General Shopping Center, to R-3, General Multiple Dwelling, on Lots 1 through 16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, generally located east of St. Williams Church, subject to the approval of the lot split request. � � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MO�ION CARRIED UNANIMOUSLY. MOTION�by�Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of Special Use Permit, SP #88-15, by Community Development Corporation for the Archdiocese of Minneapolis and St. Paul, per Section 205.09.O1.C.7 of the Fridley City Code to allow 1J PLANNING COMMISSION MEETING NOVEMBER 9 1988 PAGE 11 homes for the elderly on Lots 1 through 16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, generally located east of St. Williams Church, with the following stipulations: 1. The applicant shall submit a storm water management plan at the time of building permit application. 2. The applicant shall comply with the conditions of approval for the lot split application. � 3. The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment building to be rented to the general public. The covenants shall be reviewed and approved by the City Attorney's office prior to recording. _ 4. A revised landscape plan shall be submitted at the time of building permit application, containing the following changes: A. Japanese Greenleaf Barberry Hedge along the front parking area shall be installed and maintained at a height of 3-4 feet and spaced at 1 1/2 - 2 feet. B. All trees shall be balled and burlapped. No tree spaded Evergreens will be permitted. C. Street trees shall have a 2 1/2 inch caliper. The Cranberry trees shall have a 1 3/4 inch - 2 inch caliper and the shrubs shall be either 2 feet in height or in 5' gallon pots. D. In order to accomplish consistent screening along the rear lot line in compliance with Section 205.09.07.B, the applicant shall install one of the three combinations of fencing and landscaping: 1. Install an eight foot privacy fence with five Silver Maples 2. Install a Continuous Spruce Evergreen planting of ten foot trees at 10-15 foot spacing. 3. Install and maintain a hedge at minimum 6-8 feet of Techny Arborvitae, Upright Juniper or Amur Maple spaced at 1 1/2 - 2 feet. 5. The:applicant shall install an underground lawn sprinkling system to maintain all lawns and landscaping on the property. 6. All�parking areas shall be striped and shall be lined with concrete curb. 7. Park dedication fees shall be paid at time of building permit application. 1K PLANNING COMMISSION MEETING, NOVEMBER 9, 1988 - PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Barna, seconded by Mr. Saba, to recommend to City Council approval of Lot Split, L.S. #88-05, by Community Development Corporation for the Archdiocese of Minneapolis and St. Paul, to create a separate parcel from the Norwood Addition to Fridley Park plat to be described as Lots 1 through 16, Block l,and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated alleys. The site totals 121,500 square feet and is generally located east of St. Williams Church abutting 5th Street, with the following stipulations: 1. Submit an easement agreement to be reviewed and approved by the City Attorney's office addressing the following issues: a. Stating the legal description of the easement b. Prohibiting building construction within the easement. c. Recognizing the existence of the church parking area. d. Allowance of a storm water management pond or other drainage and utility structures. e. Other issues as determined by the City Attorney. 2. The easement shall be recorded in conjunction with filing of the lot split at the Anoka County Recorder's office. 3. The applicant shall submit a survey of the entire property and provide the legal description for both paracels and the easement after City Council preliminary consideration. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated the City Council date has not yet been established due to the consideration by the City Council on senior housing financial assistance. Mr. Betzold stated no future notices will be mailed to the residents, so he would recommend those interested in attending the City Council meeting contact the Barb Dacx in the Planning Department on a regular basis to find out when this will be on the City Council's agenda. 4• PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #88-01, BY ONAN CORPORATION: To create Tracts A, B and C from existing legal description as follows: the southeast quarter of Section 12, Township 30, Range 24, all according to the Government Survey thereof, except that part thereof described as follows: A strip of land 100 feet in 1L PLANNING COMMISSION MEETING, NOVEMBER 9, 1988 PAGE 13 width lyinq 50 feet on each side of a line described as commencing at a point on the West line of said southeast quarter; said point being 942.27 feet North of the South quarter post of said Section 12, thence Southeasterly curving to the South by a 29 minute 42 second curve a distance of 1,496.24 feet; thence Southeasterly in a straight line a distance of 1,207 feet to a point on the South line of said Section 12, said point beinq 125.1 feet West of Southeast corner of said Section 12, and except all that partof the Southeast quarter of Section 12, Township 30, Range 24, lying Southwesterly of a line drawn parallel with and 50 feet Southwesterly of a line described as commencing at a point on the West line of said Southeast quarter; said point being 942.27 feet North of the South quarter post of said Section 12, thence Southeasterly curving to the South by a 29 minute, 42 second curve a distance of 1,496.24 feet; thence Southeasterly in a straight line a distance of 1,207 feet to a point on the South line of said Section 12, said point being 125.1 feet West of the Southeast corner of said Section 12, generally located south of 73rd Avenue, east of Central Avenue, north of 69th Avenue and west of Stinson Boulevard. MOTION by Mr. Dahlberg, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Castle stated the purpose of this plat is to clear the title for Onan's property by creating separate parcels for the contaminated portion of the site. The assessed value of the Onan property will, therefore, not be affected by the contaminated portion's lower value. Onan is located on approximately 123 acres, south of 73rd Avenue, east of Central Avenue, and west of the City of Fridley/ Moundsview boundary line, and north of Medtronics. Ms. Castle stated the zoning of the property is M-2, heavy industrial. To the north there are residential districts, both R- 2 and R-3, to the east there is a single family dwelling district in Moundsview, to the west there is a variety of districts, both residential (R-3) and industrial (M-1 and M-2). Ms. Castle stated Onan is proposing to subdivide their property into four tracts: Tract A, Tract B, Tract C, and Tract D(a strip along the southern property line). - Ms. Castle stated the previous owner of the Onan property was Ontario Paper Company, which operated a telephone pole and railroad creosote treatment facility. That involved a dipping process of railroad ties and telephone poles into creosote vats located on Tract A. The drying process of the poles and ties was located on 1M PLANNING COMMISSION MEETING NOVEMBER 9 1988 PAGE 14 Tract B. The result of this was that portion of the property became contaminated. In 1984, the MPCA required Onan to construct a slurry wall containment system on Tract A, and it is unlikely that Tract A will ever be developed; however Tract B may be developed in the future. All of the tracts, except D, meet the Zoning Code requirements for the M-2 district. That is because Tract D's primary purpose is to supply access to Tract B from Stinson Boulevard. Before issuing a building permit for Tract B, Tract D should be dedicated to the City for street purposes. Tract D contains a 60 foot Northern States Power Company easement which allows it to be used for roadway purposes. If NSP uses this easement prior to the establishment of a street, Tract D could not provide access to Tract B, and staff recommends that Onan dedicate another 60 ft. easement along Tract C to provide access from Stinson Boulevard to Tract B. Ms. Castle stated staff was recommending approval of the preliminary plat with four stipulations. She stated these stipulations were different from the ones listed in the Staff Report. 1. Tract D shall be dedicated to the City for street purposes prior to the issuance of a building permit for Tract B. If Tract C cannot be used for roadway purposes due to an NSP facility on the easement, Onan shall dedicate a 60 ft. easement to the City on Tract C which shall provide access to Tract B. 2. 3. 4. Stipulation #1 and #3 be filed of record. Tract D is unbuildable. A park dedication fee of $60,358 will be charged for Tract B at the time the building permit is issued. Mr. Betzold stated Tract B might not be buildable for a long time, and he did not think they should get locked in on a specific dollar amount for a park fee at this time. The staff agreed, and Ms. Dacy suggested rewording stipulation #4 to read: "A park dedication fee shall be paid at the time the building permit is issued." Mr. Maclay Hyde stated he is the attorney representing Onan Corporation. He stated they have no plans to develop the.parcels at.this time. To add to the history described by staff, the remedial• action at this site was actually ordered by the District Court.. The MPCA was a part of that lawsuit and the result was in part an order detailing the remedial action in a very complete way. Tract A is where the on-site containment slurry wall is located that contains the most heavily contaminated area from any 1N PLANNING COMMISSION MEETING. NOVEMBER 9. 1988 - PAGE 15 groundwater introduction and also Tract A involves a pump-out of ground water so any contaminated material is separated from the groundwater. It has a cap on it that is carefully designed and installed; and because the facility is installed on Tract A, it would just not be used for any development at all. They cannot disturb that structure. Mr. Hyde stated Tract B is a"French drain area". A French Drain is agricultural tile that takes the ground water and conveys it out into the sewer system. All the contaminated materials on the rest of the site were scraped up and placed under the cap on Tract A. Mr. Hyde stated what they are trying to do is restore all of the property, other than Tract A and Tract B, to as close to the full value as they can for tax purposes. They have a pending tax protest suit with the City and Anoka County District Court. This is a way to try to qet the property back on the tax roles. MoTION by Ms. Sherek, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 9:10 P.M. Mr. Dahlberg stated if Tract D should ever be utilized for NSP purposes, then he did not think it was clear as to where the access across Tract C to access Tract B would occur. It is not stating access has to be parallel and adjacent to Tract B. It is not saying it cannot be or should not be from the west, north of Tract B, or whatever. He was not sure it was necessary to define that spcifically, but it did seem somewhat nebulous. Ms. Sherek stated in the future when someone comes in with a plan to develop Tract B, that is the proper time to address this. She did not think it needed to be a concern that should be addressed by the Planning Commission at this time. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of Preliminary Plat, P.S. #88-01, by Onan Corporation to create Tracts A, B, C, and D from existing legal description (legal description listed above) with the following stipulations: . _ 1. Tract D shall be dedicated to the City for street purposes prior to the issuance of a building permit for Tract B. If � Tract C cannot be used for roadway purposes due to an NSP facility on the easement, Onan shall dedicate a 60 ft. easement to the City on Tract C which shall provide access to Tract B. 2. Stipulation #1 and #3 be filed of record. 10 PLANNING COMMISSION MEETING, NOVEMBER 9. 1988 - PAGE 16 3. 4. Tract D is unbuildable. A park dedication fee will be charged for Tract B at the time the building permit is issued. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms . Castle stated this item would go to City Council on Monday, November 21,�1988. 5. CONSIDERATION OF A LOT SPLIT. L.S. #88-06, BY WICKES COMPANIES, INC. To split Outlot B into three separate parcels for future combination to adjacent parcels in the plat of Great Northern Industrial Center, generally located north of 53rd Avenue, east of East River Road and south of I-694. Ms. Castle stated Wickes is requesting approval of a lot split which would divide Outlot B of Great Northern Industrial Center into two separate parcels. The purpose of the split is because Wickes would like to expand their present facility. They currently own property to the north of the outlot and they are interested in purchasing property to the south. This outlot separates both these parcels. By splitting Outlot B, Wickes would get part of the split, and that would be combined with the property they are going to purchase. Ms. Castle stated the site is located south of I-694, northeast of 53rd Avenue, and north of Industrial Boulevard. It is located in an M-2 district as is all the property to the north, south, east, and west. Ms. Castle stated originally the outlot served as a railroad easement in the original plat which provided access to the industrial buildings from the Burlington Northern Railroad tracks which are directly to the east. However, this railroad has been vacated along with all the private spurs that served the industrial buildings. Because this property was reserved for a railroad, the outlot does not comply with the M-2 zoning regulations; therefore, staff is recommending that the easterly portion be combined with the Burlington Northern property and the westerly portion be combined with the Wickes property. � Ms. Castle stated staff has contacted the utility companies that are currently reviewing whether or not utility easements should be retained�over the property. At this time, staff has not heard back from the utility companies. 1P PLANNING COMMISSION MEETING. NOVEMBER 9, 1988 - PAGE 17 Ms. Castle stated staff is recommending approval of the lot split request subject to three stipulations: 1. Parcel 8 to be combined with Burlington Northern's property to the south. 2. Wickes Companies, Inc., combines Parcel A with Lots 2- 5, Block 1, Great Northern Industrial Center. 3. Utility easements be reserved on Outlot 8 if needed. Mr. Jeff Nammacher, Coldwell Banker, and Jamie Stevenson, Wickes, were in the audience. Mr. Bruce Opp, Burlington Northern, stated he questioned stipulation #1. He stated Burlington Northern does have a lead track in Parcel B now, and they would like to retain the lead track because they might need to provide rail service to the property on either side of that strip in the future. Ms. Dacy stated staff would be amendable to adding some language stating, "subject to staff review with applicant and the City Attorney's office". She stated they would work something out before the City Council meeting. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of Lot Split, L.S. #88-06, by Wickes Companies, Inc., to split Outlot B into three separate parcels for future combination to adjacent parcels in the plat of Great Northern Industrial Center, generally located north of 53rd Avenue, east of East River Road and south of I-694, with the followinq stipulations: 1. Parcel B to be combined with Burlington Northern's property to the south, subject to staff review with applicant and the City Attorney. 2. Wickes Companies, Inc., combines Parcel A with Lots 2- 5, Block 1, Great Northern Industrial Center. 3. Uti2ity easements be reserved on Outlot B if needed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. � Ms. Castle stated this Zot split request would go to City Council on Noveml�er 21, 1988. PLANNING COMMISSION MEETING NOVEMBER 9, 1988 - PAGE 18 6, RECEIVE OCTOBER 3 1988 PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Barna, to receive the October 3, 1988, Parks & Recreation Commission minutes. UPON A VOIGE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED TFiE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE OCTOBER 6 1988 HUMAN RESOURCES COMMISSION MINUTES: MOTION BY Ms. Sherek, seconded by Mr. Kondrick, to receive the October 6, 1988, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. g. CONSIDERATION OF 1989 PLANNING COMMISSION MEETING DATES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to adopt the 1989 Planning Commission meeting dates as submitted by staff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE NOVEMBER 9, 1988, PLANNING COMMISSION MEETING ADJOURNED AT 9:37 P.M. Respectfully s bmitted, e Saba Recording Secretary 1Q __ ___ _ � � cinroF F��� TO: FROM: DATE: REGARDING: C011IIMUN[T�Y DEVELOPMENT DEPART1VlENT MEMORANDLIM ��,► William Burns, City Manager �� Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator November 17, 1988 Plat, P.S. #88-01 Onan Corporation is requesting a public hearinq be set for the consideration of a Final Plat, P.S. #88-01, to create Tracts A, B, C, and D from part of the Southeast 1/4 of Section 12, Township 30, Range 24. Attached is the preliminary plat information to review. JR/BD:ls M-88-340 ' � STAFF REPORT APPEALS DATE R/s ��� QF PLANNING CONNNNSSION DATE November 9, 1988 FRlDLEY C� Ca�i� �14� November 21, 1988 A�T� ��� ^ REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA � SIZE DENStTY PRESENT ZONING ADJACENT LAND USES i� ZONING UTLfTIES PARK DEOICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATlBIL1TY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION P.S. 1�88-01 Onan Corporation To Plat part of the SE 1/4 of Section 12, Township 30, Range 24. 1400 - 73rd Avenue N.E. 123.85 acres Tract A, B, D: vacant Tract C: 16.6% lot coverage M-2, Heavy Industrial North, R-2, R-2, R-3; South, M-2; East, Single Family, Moundsview; West, M-1, R-3 Available Deferred with Building Permit None. Yes Yes Soil Contamination Approval with Stipulations. N/A Approval with stipulations 41S 1T P.S. #88-01 Onan Corporation Page 2 REQUEST Onan Corporation is requesting to plat that part of the SE 1/4 of Section 12, Township 30, Range 24, generally located at 1400 73rd Avenue N.E. The purpose of this plat is to create separately described parcels for the contaminated portion of the property in order to clear the title for the parcel containing the Onan facility. Further by separatinq the contaminated parcels, the assessed value of the Onan property will not be affected by the lower value of the contaminated parcels. ANALYSIS The previous owner of this property, Ontario Paper Company, had established a telephone pole and railroad tie creosote treatment facility which involved a dipping process on proposed Tract A and a dryin process on proposed Tract B. In 1984, it was discovered that�t is portion of the property had become contaminated due to this operation. Onan Corporation constructed a slurry wall containment system in an effort to clean up the property�and comply with the MPCA requirements. It is unlikely that Tract A will be developed due to the extent of the �ontamination, however, Tract B may be developable in the future. In order to clear the title and stabilize the value of the Onan Property (Tract C), Onan would like to separate the contaminated parcels from the rest of the site. The proposed plat is located in an M-2, Heavy Industrial district and must meet the zoning requirements. All of the Tracts except for Tract D meet the lot regulations stated in the zoning code. Tract D does not meet the zoning requirements because its purpose is to provide access to Tract B if developed. Before issuing a Building Permit for Tract B, Tract D should be dedicated to the City for street purposes. Tract D does contain a 60 foot Northern States Power Company easement which allows it to be used for roadway purposes. If NSP uses this easement prior to the establishment of a street, Tract D could not provide access to Tract B. Staff recommends that Onan Corporation dedicate a street easement to the City on Tract C which would provide access to Tract B, if Tract D cannot be used for this purpose.' � RECOMMENDATION TO THE PLANNING COMMISSION � Staff r�commends approval of the Preliminary Plat, PS 88-01 for Onan Corporation as submitted in the plat dated November 2, 1988 with the following stipulations: 1U P.S. #88-01 Onan Corporation Page 3 1. Tract D shall be dedicated to the City for street purposes prior to the issuance of a Building Permit for Tract B. If Tract D cannot be used for roadway purposes due to NSP facilities on the easement, Onan shall dedicate a 60 foot street easement to the City on Tract C which would provide access to Tract B. 2. That stipulation 1 and 3 shall be filed of record. 3. That Tract D is unbuildable. 4. A Park fee of $16,358 will be charged for Tract B at the time of the Building Permit is issued. PLANNING COMMISSION ACTION The Elanning Commission unanimously approved Onan Corporation's Preliminary Plat, P.S #88-01. The Planning Commission raised questions regarding the necessity to describe a fixed location of the street easement over Tract C(stipulation #1) and whether or not the City should specify the park fee amount (stipulation #4). The Commission decided that the location of the easement over Tract C should be flexible because there are not any specific development plans as of yet. Regarding stipulation #4, it was decided that the specified amount should be omitted because the City's Park Fee Policy could change by the time a building permit is issued for Tract B. The following stipulations were attached to the plat: 1. Tract D shall be dedicated to the City for street purposes prior to the issuance of a Building Permit for Tract B. If Tract D cannot be used for roadway purposes due to NSP facilities on the easement, Onan shall dedicate a 60 foot street easement to the City on Tract C which would provide access to Tract B. 2. That stipulation 1 and 3 shall be filed of record. 3. That Tract D is unbuildable. 4. A p�rk dedication fee will be charged for Tract B at the time a building permit is issued. . P.s. #8s-ol � P•S. #88-01 � onan Corporation i Page 4 RECOMMENDATION TO THE CITY COUNCIL According to the City's Subdivision Ordinance, Chapter 211, the City Council is authorized only to review the preliminary plat informally and make recommendations to the petitioner as needed. The City Council shall advise the petitione� of any comments it has in order that the petitioner can make application for the final plat. The Subdivision Ordinance requires the City Council to conduct a public hearing on the final plat. 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'�� ��'�� ��} � -��.�..�r..� \ � � - . • � .:LLi::S:..�Ll.C'Lt� �: _ :..�t . . � . � � - . �' w.��.� . ... �.�. ��r.. � �`�:�'..7 • . .� ' ,iR�:C... . _ ..r�«� ' � ~ • � �� ��. ��. i 'd�`-�.;'• '` \ \ e _ �„�... :.�I.►.� , \ ,� • - .- , • �+r �.� l'� , ~ \�\ ' . �.r......� �►��.'iF�3�ij�T� ' �r L�� � � � , ' ��`" ., l �! �.� F S ITE PLA N � � cinroF F��� TO: FROM: DATE: REGARDING: C011IlMUNITY DEVELOPMENT DEPART`MENT M EMO RAN D UM � �, . William Burns, City Manager � • . Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator November 17, 1988 Lot Split, L.S. #88-06 Wickes Companies is requestinq adoption of a resolution for the approval of a lot split to split Outlot B, Great Northern Industrial Center, into two separate parcels. Staff recommends approval. JR/BD:ls M-341 � � STAFF REPQRT APPEALS DATE N/A C��QF PLANI�:NG COANIIUSSION DATE November 9, 1988 FRtDLEY CITY COIXVqL DATE : November 21, 1988 AUTHOR KC/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING U17JTES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIUTY WRH ADJACENT USES 8� ZONING ENVIRONMENTAL CONSIDERaTIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION L . S . lt 88-06 Wickes Companies To split Outlot B, Great Northern Industrial Center into two separate parcels. Generally located north of 53rd Way, east of East River Road and south of I-694. ' 64,720 square feet = 1.5@ M-2, Heavy Industrial North, M-2; South, M-2; East, M-2; West, M-2 Available None. N/A Yes Yes N/A Approval with Stipulations. N/A Approval with Stipulations. � 51Z L.S. #$$-06 Wickes Companies Page 2 REQUEST 1 AA Wickes Companies, Inc, the petitioner, is requesting City approval of a lot split which would divide Outlot B of Great Northern Industrial Center into two separate parcels. Wickes currently owns Lots 2- 5, Block 1, Great Northern Industrial Center and is purchasing Lot 2, Block 7, Great Northern Industrial Center in order to expand their facilities. These parcels are separated by Outlot B. In order to combine these parcels, it is necessary to split Outlot B so Wickes can purchase that part which is adjacent to their property. ANALYSIS The original plat had identified Outlot B as a railroad easement which served as an access to Burlington Northern Railroad tracks to the east. The railroad easement and private spur easements which served individual properties were vacated due to the lack of need. This outlot now remains as a vacant tract which separates both developed and undeveloped land to the north and south. The outlot is located in a M-2, Heavy Industrial district. Being that this property was reserved for a railroad, it does not comply to the zoning district regulations. Once divided, the easterly portion would be combined with the Burlington Northern property and the westerly portion would be combined with the Wickes property. Staff has contacted the utility companies who are currently reviewing this matter to determine if any utility easements need to be reserved. RECOMMENDATION TO THE PLANNING COMMISSION Staff recommends approval of the lot split, L.S. #$8-06, by Wickes Companies, Inc. to split Outlot B, Great Northern Industrial Center into two separate parcels as indicated in the survey dated October 12, 1988 with three stipulations: 1. Parcel B to be combined with Burlington Northern's property to the south. 2. Wickes Companies, Inc. combines parcel A with Lots 2- 5, Block 1, �reat Northern Industrial Center. 3.� Utility easements be reserved on Outlot B if needed. M-88-316 � : : L.S. #88-06 Wickes Companies Page 3 PLANNING COMMISSION ACTION The Planning Commission concurred with the staff recommendation of approval. The stipulations were revised as follows: 1. Parcel B to be combined with Burlington Northern's property to the south, subject to staff review with the applicant and the City Attorney. 2. 3. Wickes Companies, Inc. combines Parcel A with Lots 2-5, Block 1, Great Northern Industrial Center. Utility easements be reserved on Outlot B if needed. Stipulation #1 was revised because Bruce Opp, Burlington Northern representative, pointed out that Parcel B contains a lead track which serves Plywood Minnesota to the north. If combined with Burlington Northern's property, the railroad track would interfere with the future sale of the site. Staff suggested language be added to indicate further review of this item with the applicant and the City Attorney. Staff Update Following the Commission meeting, staff discussed stipulation #1 with the City Attorney and applicant. Both were agreeable to the fact that Parcel B should be combined with the southern Burlington Northern property as long as a railroad easement is reserved over Parcel B. Reserving this easement will ensure railroad access for Plywood Minnesota and will not inhibit the future sale of the property. Recommendation to the City Council Staff recommends the City Council approve lot split, L.S. #88-06 as indicated in the survey dated October 12, 1988 with the following stipulations: 1. Parcel B to be combined with Burlington the south. A railroad easement will be B in order to provide rail access to the south. 2. Wickes Companies, Inc. combines Parcel A 1, �reat Northern Industrial Center. 3.. Utility easements be reserved on Outlot Northern property to reserved over Parcel properties north and with Lots 2-5, Block B if needed. Since the�survey has been submitted, a resolution is attached for adoption�if approved. M-88-335 Wickes Companies L.S. 4�88-06 1� .`y �/r- r�. � .� � ��\ ` 1� ---- ,, ; - - . ' . % \ � � �—_ t �!/ .�� ' / �� •,� �'•� �vi \ `�. ..._�Ii•1'._. � , / � y./ � � , ;__�_/u � ��__�{ � _' � � � - . :� y � r • ' I .. �� •' ' �" 1 .. i � ... -. ..... ...�I• -� �1 � � . ' .. ..'.•1 •' ' � . .. `�'i 1. 1 �T_ ..�/NTE x a . ' ��� - -- - � ; ,- - . , . � � � - » , . i i . I �I . }n' . . � ' ' � ' '. .. � i , � �..,. , �. '�• Nt.Jf J.Ii�JI N'!• � � � , � �i ✓ i �� j � __�_���_ ' f C��� �'~,• �!�L �+'"'_ � f / ' i I : , , T �� .. : . r , �REA ..�w - `� � ��~ :�� �� . . syv� : � • / �. �, �r� �� ' ► / ' `y ' : T 0� 4 �« �` � ; . � ' . 0 U T L 0 a„ •-,r°i- �,;� ,� .. � t� 53 qq � : , � ______ I : ;� �� , '' m i. « =... 1' ` + (� 1 '`� ' " . 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' ` r , /�� J�`', J�+ �� � v� + y� ' p-�yf7�l� � ir7 N ��.: . = � � �— s)L r! r+'� .. . . � �� OUTLOT . DD �"°� LOCATION MAP , _ . • ► . • � • � � � � ! h � �Ea � - ::"'.,i� • . . . ;,` _ . .,�� '. �: . ._ . .,' ��i��;'' _ ' 'yi-•,'; . . �k�� :��.. . ,• ' .. � . �� t•, 1 _ � - " . . C� � . • ;�N� -. .. M � , � . c� ��. N �' � ,.Q,: . � � � �� �\ ��� � � ��:; N� 3 � + � � � �� � m� E�� � .� qt N� � . �� . .0 � . �r . � � ��,�� .;• 1. + �,; �' ., t ��.,� ��� i o� _ .h��`. � �`;� ��;:t � � .N.,�' . C } . ; ; :��r ¢ �,�, � � � .� .� , . ��,.�,'.. . ; N � • , z--"�;, o /� �, . . a � _ . S •. • � . � � .. i�� : ,;�j4�� 1 i�i '� . �� �'� . ' i :r� . , . J :;;� �; . . ,,�,.4,.;. : ,,, �. •. c±�i��•• . ,'r • :: ii, • W �i . �° ..,� ,;,� m � . ��+: �� � � `,� a� � � .. / _ �_ �a• � �,� 4 ,�� ,. , N _ ,� � ��� ��, � � GJ i:`7 , �. 7 � � � � � � ��:�, � "a �•� ._ ��. . w�� � 1 - ���y � V %' .�.� *� . L.s. ��ss—o6 1� Wickes Companies _'1�.: .,, . `; �'.:� r. ' . ..;_<<. � ' ", T .• ;� ' � ' �• _ . �� r •' •' M. 1� -�� � tr��• � � . :'•' ;�.bf. �� •��� � . � •:��',.. . , Jy. . ..�.i'•:: . .; . . ��. � '�l"�j�" . . , ; .•<: . .. `=',-`:r'.',..:. . . : ,'; ...1;T.: � . ; •'.�:::... � k . • .�:: �'��I�� �I •� • . ; ;X � +• •' ' 3 , � *.. :.�:�c�'��� .. :�.:. s�� � � .. �: ; , . . :�w;�:. � . .. . :�., ��. �.. :, . , . �: n�'�;�'��'' •:;,. ,: � ��_�;._ ! .. � i / r ., s,,,� `�o..� , � 0 1.'�� r,� � _ � S ITE PLA N RESOLUTION NO. - 198$ RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT #88-06, TO SPLIT OUTLOT B INTO TWO SEPARATE PARCELS FOR FUTURE COMBINATION TO ADJACENT PARC�IS IN THE PLAT OF GREAT NORTHERN INDUSTRIAL CENTER. PARCEL A TO BE LOT 2, BLOCK 7, AND THAT PART OF OUTLOT B, GREAT NORTHERN INDUSTRIAL CENTER, ACCORDING TO THE RECORDED PLAT THEREOF WHZCH LIES WESTERLY OF A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, IN SAID PLAT TO THE MOST NORTHERLY CORNER OF SAID LOT 2. PARCEL B TO BE THAT PART OF OUTLOT B, GREAT NORTHERN INDUSTRIAL CENTER, ACCORDING TO THE RECORDED PLAT THEREOF WHICH LIES EASTERLY OF A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT l, BLOCK l, IN SAID PLAT TO THE MOST NORTHERLY CORNER OF LOT 2, BLOCK 7 IN SAID PLAT. wHEREAS, the City Council approved a lot split at the meetinq; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to split Outlot B into two separate parcels for future combination to adjacent parcels in the plat of Great Northern Industrial Center. Parcel A to be Lot 2, Block 7, and that part of Outlot B, Great Northern Industrial Center, according to the recorded plat thereof which lies westerly of a line drawn from the southwest corner of Lot 1, Block 1, in said plat to the most northerly corner of said Lot 2. Parcel B to be that part of Outlot B, Great Northern Industrial Center, according to the recorded plat thereof which lies easterly of a line drawn from the southwest corner of Lot 1, Block 1, in said plat to the most northerly corner of Lot 2, Block 7 in said plat. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split Outlot B into two parcels. NOW, THEREFORE, BE IT RESOLVES, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1988. WILLIAM J. NEE.- MAYOR ATTEST: • SHIRLEY A. HAAPLA - CITY CLERK 1FF � PLANNING DIVISION � - MEMOR,ANDUM CiTYOf fRlDLEY �M•�. TO: William Burns, City Manager �• City Council Members FROM: Jock Robertso Community Development Director Lisa CampbelG�_r" lanninq Associate DATE: November 16, 1988 REGARDING: Mandate Reform/Solid Waste Resolutions At the request of Councilmember Billings, staff has completed two resolutions for your review. These resolutions cover the policy problems of unfunded mandates and lonq term State financial support for local solid waste abatement activities. The mandate reform resolution, if adopted by the Council, urqes the State of Minnesota to implement policies that would reduce the number of unfunded State mandates. The second resolution, if adopted by the Council, urges the State to establish a stable source of state revenue to support local recycling programs. Both resolutions discuss linking funding directly to all current and subsequent programming required under State mandates. If these resolutions are adopted by the Council, staff recommends forwarding them under a Mayoral cover letter to: 1. The Anoka County Legislative Delegation 2. Anoka County Commissioners Paul McCarron and Jim Kordiak Anoka County Courthouse Anoka, I�T 55303 � 3. Bob Dunn The Governor's Select Committee on Recyclinq and the Government 708 Fourth Street South Princeton, I�1 55371 JR/LC:�ls M-88-311 2A RESOLUTION NO. - 1988 A RESOLUTION REQUESTING THE STATE OF MINNESOTA TO ESTABLISii MANDATE REFORMS WHEREAS: The number of federal and state government legislation and regulatory mandates has increased over the last six years; and WHEREAS: The procedural regulations accompanyiAg the mandates are burdensome and often prevent local governments from responding effectively to constituent needs; and WHEREAS: There is often little consideration given to the administrative capacity of a City . to adequately administer the program; and WHEREAS: There is a financial burden placed on Local and County governments by the mandates; and WHEREAS: There is often no criteria of funding established to evaluate the effectiveness of programs implemented under the mandate; THEREFORE BE IT RESOLVED, that the City of Fridley supports the following mandate reforms which will enable City government to serve their constituents more efficiently and effectively: * Establish goals and performance criteria and use them in evaluating the effectiveness of programs. * Al1ow greater City and County flexibility and innovation in the methods used to achieve these goals. * Ensure an adequate and stable source of revenue directly linked to the imposition of mandates. * Ensure that requirements for delegated responsibilities are developed with full consideration of the implememting agencies; and * Limit the use of mandates to circumstances where � . voluntary approaches have failed or would not yield • equity, efficiency, or the necesssary level of state-wide uniformity. RESOLUTION NO. - 1988 Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL AT THE CITY OF FRIDLEY THIS DAY OF , 1988. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY C. HAAPALA, CITY CLERK ��l • 1 2C : � RESOLUTION NO. - 1988 A RESOLUTION REQUESTING THE STATE OF MINNESOTA PROVIDE FUNDING TO SUPPORT SOLID WASTE ABATEMENT ACTIVITIES SPONSORED BY LOCAL GOVERNMENTS WHEREAS, the City of Fridley in 1985 implemented a comprehensive residential recycling program including: curbside collection; a drop-off site for recyclables; yard waste (compost) and waste oil; and office paper recyclinq. WHEREAS, the City of Fridley has abated 1,272.15 tons since 1985; and WHEREAS, the Minnesota Waste Management Act of 1980, as amended, prahibits unprocessed waste and yard waste from the landfills by 1990; and WHEREAS, the County of Anoka's Solid Waste Master Plan requires the City of Fridley to abate 5,435 tons by 1992; and WHEREAS, the City of Fridley will not meet the 1991 and 1992 abatement goals without further program initiatives; and WHEREAS, the City of Fridley will incur increasing costs for contract services for curbside recycling in excess of $30,000 annually; and WHEREAS, the City of Fridley must provide staff to implement the Solid Waste Abatement activities required under the Waste Management Act of 1980; and WHEREAS, the City of Fridley must publicize City sponsored solid waste abatement activities; and WHEREAS, the City of Fridley has previously funded its solid waste abatement programs through grants; and WHEREAS, the City of Fridley has previously staffed portions of its abatement activities with volunteers; and wHEREAS, grant monies disbursed to local governments from the Metropolitan Landfill Abatement fund are declining; and WHEREAS, the State of Minnesota continues .to approve further mandates under the Waste Management Act of 1980; and WHEREAS, the City of Fridley does not have sufficient General Fund Revenue to provide long term support for the solid waste abatement activities required under the Minnesota Waste Management Act of 1980; and RESOLUTION NO. - 1988 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley request the State of Minnesota establish an adequate and stable source of revenue directly lir►ked to the mandates under the Waste Management Act and any subsequent Solid Waste Legislation that may affect local governments. BE IT FURTHER RESOLVED THAT, the City of Fridley supports the concept that those who create and distribute nonbiodegradable consumer goods, and other goods undesirable in the waste stream, should share in the burden of the environmental consequences of these goods and services. PASSED AND ADOPTED BY THE CITY COUNCZL AT THE CITY OF FRIDLEY THIS DAY OF , 1988. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY C. HAAPALA - CITY CLERR 2D � 0 IOUSING and REDEVELOPIV�ENT AUTHORtTY COMMISSION MEMBERS: LAWRENCE COMMERS� ctu►�tMnw DUANE PRARE Y�iGNU1 SCHNABEL WALTER RASMUSSEN �OHN MEYER CITY OF FRiDLEY s . � ���� � TO: William Burns, City Manager FROM: DATE: REGARDING: Jock Robertson, Executive Director to the HRA November 17, 1988 Chanqe Orders �1 and #2 for Additional Security at Fridley Plaza Ramp At the September 8, 1988, meeting, the HRA directed preliminary work; and at the November 10, 1988, meeting, the HRA adopted a budget addition of $40,040 for additional security measures at the Fridley Plaza Ramp. The attached Change Orders #1 and #2 are consistent with the adopted budget addition and I recommmend that the City Council approve them. At this time, the passive safety system has been committed, and all options for the active system have been retained. Additional lighting, conduit, and light standards stands have been added to the plans. Fencing the ventilation opening is being bid. The painting of the lower level to increase brightness will be an additional contract which we will bring to the HRA when the ramp is completed. The HRA may add the video and audio surveillance and interactive systems at any time in the future through the conduit system presently being installed. Uit: � I�88-338 EXECUTtVE DIRECTOR: JOCK R08ERTSON d431 UNIVERSITY AVE. (612) 671-346 FRIDLEY, �IN a6492 EXT. 11T 0 3 C1=lANGE ORDER CONSTRUCTION MANAGEMENT EDITION AIA DUCUMENT G701iCM Distribution to: O�b'\ER ❑ ARCHIT CCT � CONSTRUCTION h1ANAGER ❑ CONTRACTOR � FIELD ❑ OTHER ❑ PROJECT: FRIDLEY CIYIC CENTER/PLAZA RAMP CHANGE ORDER NUMBER: 1 (name, address) INITIATION DATE: 11-16-88 TO (Contractor): Park Construction 7900 Beech Street N. E. Minneapolis, Minnesota 55432 ARCHITECT'S PRO)ECT NO: CONSTRUCTION MANAGER'S PRO)ECT NO: 88Q5 3-03-30 CONTRACT FOR: Concrete CONTRACT DATE: 9-7-8$ You are directed to make the following changes in this Contract: As directed in Proposal Request No. 5 dated all labor and material required to provide concrete light pole bases. . . . . . . . . — See telephone bid dated 11-15-88 attached — See PR #5 dated 10-4-88 attached — Plaza Ramp cost 10-4-88, perform seven (7) poured . . . . . . . . . ADD $?OO.OQ Not va{id untii signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract Time. The original (Contract Sum) �GXrXdf��d�f�Xii�XlblQ1 was . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 547 , 000 . Net change by previously authorized Change Orders .. . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . $ —0— . The (Contract Sum) (��XaYaYi�X�XDi4(a�Gi{3ir�CrX�Q prior to this Change Order was . . . . . . . . . $ 547 , 000 . The (Contract Sum} ���a�f,�iilre��K�i{�i{,Yi�}C7�qXn.ill be tincreased) ai�rXeX�K1Xpf�c]43irD$� $ '700 bythis Change Order .................................................. . The new (Contract Sum) �d4Xe����t) including this Change Order will be ... g 547 � 700 , The Contract Time will be ��ie���iSYri� tunchanged) by ( � ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is unchanged , Recommended: BOSSARDT CHRISTENSON CORPORATION CONSTRUCTION �titA;VAGER 2910 Multif s Towe M�ls.. MN ADDRESS `! �'� �a DA7E Agreed To:' PARK CONSTRUCTION CONTRACTOR • 7900 Beech St. N.E., M ls. MN ADD S p � � 1 � �� i � �C_ BY ATE Approved: 3A �OARMA AND ASSOCIATES ARCHITECT ADDRE55 �� - BY DATE Authoriz THE CITY OF FRIDLEY OWNER 6401 Universit� Ave. N.E. Fridley, MN ADDhESS BY DAT[ AIA DnCUMENT WOYCM • ( �� \�(;E �IRUE H • C��tiTR� Cil(>\ �t=.tiA(�i �ii ti! t 1�i ! �� �� . , f . � ' � �� • '�. � i��:•�, . �ri� .•.•f �:�� .�� i�.� � , � � �,i .�ku�in u� �-;; �.t ��. ,�,kr; ,��E -.� � . .� ,. ,.. . � , �, G'Ol/CM — 1980 CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION AIA DOCU,tifENT G701/CM Distribution to: Ob4'\ER ❑ ARCHITECT ❑ CONSTKUCTION f�1ANAGER ❑ CONTRACTOR a fIELD p OTHER ❑ PROJECT: FRIDLEY CIVIC CENTER/PLAZA RAMP CHANGE ORDER NUMBER: 2 (name, address) INITIATION DATE: 11-16-88 TO (Contractor): GEPHART ELECTRIC 3600 LaBore Road St. Paul, Minnesota 55110 ARCHITECT'S PROJECT NO: CONSTRUCTION MANAGER'S PROJECT NO: 8805 3-I6-00 CONTRACT FOR: Electrical CONTRACT DATE: 9-�-$$ You are directed to make the foilowing changes in this Contract: As directed in Proposal Request No. 5 dated 10-4-88, perform all labor snd material required to provide the following work: 1) Add rough-in piping for seven (7) future light poles, 2) Add rough-in piping for three (3) future cameras 3) Add rough-in piping for future signs 4) Add two (2) type "W" light fixtures 5) Add One (1) stair light 6) Add rough-in piping and pull boxes for future security systems 3B TOTAL CHANGE ORDER AMOUNT . . . . . . . . ADD $8,275.00 - See Gephart's proposal dated 10-10-SS attached - See PR #5 dated 10-4-88 attached - Plaza Ramp cost Not valid until signed by the Owner, the Architect and the Construction Manager. Signature oi the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract Time. The original (Contract Sum) ��r���►�i��ixE.'�t) was .. ... ... .. . . .... . .. . .. . . .. . $ 2�2 � 330 Net change by previously authorized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ —0— . The (Contract Sum) (��5p��(Q�p�1j(�}(�¢�(��[4(1 prior to this Change Order was .... ..... $ 2�2, 330 . The (Contract Sum) (��iXaib�l[dC�i�[�CKDLflO will be (increased) Qdgfc3�[g�DiD�0�A�3� bythis Change Order .......................................................... 3 8 � 2 7 5 , The new (Contract Suml DCXiXrXd4�X�WG7fi�4ib}�bYtKincluding this Change Order will be ... 5 280, 605 , The Contract Time will be �f3�36�Xr743k�XrX3f� (unchanged) by ( 0 ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is UnChanged , Recommended: BOSSARDT CHRISTENSON CORPORATION CONSTRUCTIO� I�tANAGER 2910 Multif s Tower, M ls., MN ADDRESS 11-1 �� e : DATE Agreed To: , GEPHART ELECTRIC CG VTRACTOR . � 3600 LaBore Rci., St. Paul, MN ADDRESS Approved: BOARMAN ARCH(TECT 206 1 t ADDRE55 BY AND ASSOCIATES St. No., Mpls., MN � � b � `'' DATE Aut ori d: THE CITY OF FRIDLEY OWNER 64Q1 University Ave. N.E., Fridley, MN AUDKE55 BY V //� 1�/. � �1' .^//DA.,.w . II �.. /D�TE�p' BY N[ Y� IDOCUMEhi G'O1�GN • fH-+�GE URUFK • (.U'rSIRUCIIt�� V��A(�.[�1t�ti� II�iI��. �•. . ;l�tii !'��ui t;�l!li�♦ . �I�A�° .� . • 1��.! • .��1 �.. IA�.���11L UF :�V:CIIIifCTti, 1'1; �L1A l���R1, AAt���f. . �. ,'.A1r�•i•.�.����. ��� +, I�ATE G'01/CM — 198U Engineenng Sewer Water Parks Streets Mainlenance MEMORANDUM . TO: William W. Burns, City Manager `�• PW88-368 A�" FROM: John G. Flora, �Public Works Director DATE: November 14, 1988 SUBJECT: City Council Award of Contract for Water, Sanitary & Storm Sewer Project No. 183 On Wednesday, November 9, 1988, we oper►ed bids for Water, Sanitary & Storm Sewer Project No. 183. This project is designed to provide water and sanitary sewer facilities for the area which is developing north of 83rd Avenue and west of University Avenue. We received ten bids for this project with Volk Sewer and Water, Inc. of Brooklyn Park submitting the lowest bid of $34,093.00. Bids ranged from the low bid of $34,093.00 to a high bid of $56,364.58. We recommend that the City Council award the contract for Water, Sanitary & Storm Sewer Project No. 183 to Volk Sewer and Water, Inc. for $34,093.00. JGF/MLB/ts Attachments �, � . 4 4a ---------------------------------------------------------------- BID PROP08AL8 FOR WATER, SANITARY ic STORM SEWER PROJLCT NO. 183 WEDNESDAY� NOVEMBER 9� 1988 11:00 A.M. ---------------------------------------------------------------- PLANHOLDER I BOND I TBID I COMMBNTB ---------------------------------------------------------------- Volk Sewer & Water 8909 Bass Creek Court 5$ $34,093.00 Brooklyn Park, Mn 55428 ---------------------------------------------------------------- Glendale Contracting, Inc 3030 Harbor Lane 5$ $36,971.00 Plymouth, 1rIId 55441 ---------------------------------------------------------------- Old is Gold Construction - 14424 Prairie Road 5$ $37,049.50 Andover, IrIIJ 55304 ---------------------------------------------------------------- American Contracting 11661 Eagle St., N.W. 5$ $37,712.55 Coon Rapids, MN 55433 ---------------------------------------------------------------- Burschville Const., Inc. 11440-8th St., N.E. 5$ $39,362.00 Hanover, MN 55341 ---------------------------------------------------------------- Thomas Contracting 14855 Lake Drive 5$ $45,703.00 Forest Lake, MN 55025 ---------------------------------------------------------------- F.M. Frattalone Excavating & Grading 3066 Spruce St. St. Paul, MN 55117 ------------------------- 5$ $45,864.00 ------------------------------------ O & P Contracting 10650 State Hwy. #152 5$ $48,403.00 Maple Grove, MN 55369 ---------------------------------------------------------------- Ro-So Contracting,Inc. 7137 20th Ave., No. 5$ $53,177.00 Centerville, NIIJ 55038 Bonine:Excavating 12669 Meadowvale Road 5$ $56,364.58 - Elk River, NIId 55330 ------=--------------------------------------------------------- 4B —a- ---------------------------------------------------------------- BID PROPOSALS FOR WATER, SANITARY ic STORM SEWSR PROJECT NO. 183 WEDNESDAY� NOVEMBER 9� 1988 11:00 !►.K. ---------------------------------------------------------------- PLANSOLDER ( BOND ( BID I COMMENTB ---------------------------------------------------------------- CCS Contracting 1399 lOth St., N.W. NO BID New Brighton, NIId 55112 ---------------------------------------------------------------- Channel Construction Route 1, Box 136 NO BID Wahkon, NIId 56386 ---------------------------------------------------------------- Forest Lake Contracting I4777 Lake Drive NO BID Forest Lake, NIId 55025- • 9461 ---------------------------------------------------------------- North Star Waterworks Products 6055 - 150th St., W. NO BID County Road 42 Apple Valley, 1rIld 55124 ---------------------------------------------------------------- Ward Lake Contracting 1640 - 177th Ave., N.E. NO BID Anoka, MN 55304 ----------------�----------------------------------------------- Water Products Co. 15801 West 78th St. NO BID Eden Prairie, IrIIJ 55344 ---------------------------------------------------------------- WATER, SANITARY SEWER & STORM SEWER PROJECT NO. 183 �v :' A yc �� 1 ' i 2 ,,� � �:� CIT• OR C N-M� AA�IOi � CITr �,, .. .. . —�— ! i �� ���� � ���w t�� � tt, � �A.Yi;r���'�� J `� \� 1�� V J+�y �V � r �� i � V � ' �• s o �� ♦y .r7 .: �, � t� v v �;' .. ♦ � t���: r'' l',� � v� ��� J,< �j�;,*:, �� a�,� s 1`, J��� � ��Fi L'`�" V��v �� �,�� �D� �^N �7 � ``��`aJ����t��,� �A,�?,������ �'�•. �! .� � vsi.+�uww. w�.�:,c •_c«n� j �'•a , ^�'d� �� u�V iv J����c �J�^�i J�� Z��`��,`�.� � , �� UNIVERSITY AVE WEST SERVICE DRIVE -� �' �� „ . .. 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"' i �. { c ..... � 1 � r �r 1 rs �, �i r���r ' W � W IN (� � I } � ~ J Ni j � N ' i N r �I � � � � I I I _ ,_ _,__ � I � ,: ...... . � . .., � I : i� i :..:-.:'li: •.. � ` � � ', �\ I K �' I\ � �� ( � I I 1 �_ , j I i I I / / �� � � _ �,'—A � 1� _ �__i_ .',�o �� _ I i � I � ( � �� O�� �-� �$ � � N\ °o��`a. ti�y DyjIW-Mf �Q`n°z W � t; W=�•G ►=-�J o�;� Q � 2COQ J W � � F�H� NQ=� W �C 3��z / --4 L UT 2 N 89°45' 3T"E — — s��. �— — �- - � �/�, M � i � � .\ - - - 3� j � :, I N� �� � �'���0���~ QC � R = SOAO z i / L =T6.54r��__^ h � \ ' ` J 1=_----_ 260.i3 __�_� ---�-- AVE. ; -- 1190.08-- �� S 69° 45' 37" W �/4 NW �/4, SEC.2, T WP. 30, RGE. 24 � � .�� . ¢ :y'' W �. f. N 3 ( 1 v W � 2 W IQ � � W , � \ Z � I� � a J � — O 2 -- -86.23- � g . �� � � � I b°1 ."�'� -.� � � ' , H �\�'� O� / '. � � MR � r�V � ,�� � tR .� � � ti ��� 8CP9'ti �' d \, �� op y��� � / �Op` Q �1p�• � � i..... .8 � i � W :._ go°„� o g.� ti` ! 2 j�°o°A LJT I a ON �. ' ,, . � �:� w � ��� i � � r�. a�� B LJCK 2 � i"' "' �� � 65.00 � �• � O N � E- I W � > Z 3 � . ... ... � � € 83f2D AVE i �1� L. . � ^.: _ � N � � � �=9�������~ Z R = SODO __�L =T8.54 I t � g — 1T4.8T — �f — --- � I NE. �-- �� � �� - - �vo.00- � � � �� 9 �r . ��,.rL�,�,, � �..'l� !Q � % %3r+.,� � �-''�' 3Q O �... ? . Engineennr, y Sewe� � Y Water Q Q ¢ O Parks O 3 Streets UV Mainlenanc� MEMORANDUM TO: William W. Burns, City Manager ,�;�a • PW88-369 FROM: John G. F1ora,�Public Works Director DATE: November 16, 1988 SUBJECT: Receiving a Petition for Water Service We have received a petition from the property owners of three lots on East River Road requesting that water facilities be extended to service their properties. We have designed an extension to our existing watermain system which will service these lots and allow us to extend the line in the future to provide a loop in our watermain system in this area. A watermain loop is desired to increase the reliability and quality of water service to the residents in this area. � We are forwarding the petition from the property owners to the City Council for consideration at their meeting on November 21. The work can be accomplished to service these properties by obtaining proposals and initiating the work next month. JGF/ts Attachments u 5 �, i� � i CITY OI' FRIDT,EY PLTITION CO'JLR SHEET Petition No. 24-19$8 Date F.eceived November 15, 1988 _ object Petition for water lateral and services be provided for Lots 11, 12 and 13, Block 1, Springbrook Park Second Addition P�tition CheckEd By Date Percent Sisning Referred to City Cou:�cil Disposition 5A 5B PETITION FOR WATER LATERAL AND SERVICE IMPROVEMENTS IN FRIDLEY, MINNESOTA To the City Council of Fridley, Minnesota: The Undersigned, Fee Owners and Contract Purchasers of the properties described as follows: Lots 11, 12 and 13, Block 1, Springbrook Park Second Addition Hereby petition that a water lateral and s�rvices be provided by the City to accommodate the above-referenced properties; It is understood that the cost of said improvements will be assessed against the above-mentioned benefited properties as outlined in Minnesota Statutes Chapter 429.00. It is further understood that it is not possible at this time to give an accurate estimate of the costs for the improvements herein petitioned; however, the City is hereby requested to make the necessary improvements at the lowest possible cost commensurate with prudent handling by the City in a typical assessment project. The undersigned, owners of the above-mentioned properties who will benefit from said water lateral and service improvements hereby waive the right to a public hearing for said improvements which is allowed under the normal procedures set forth in Minnesota Statutes Chapter 429.00. In witness whereof, the owners have hereunto set their hands this 16th day o f Nov�nber , 19 8 8. Lots 11, 12 & 13, Block 1, Springbrook Park 2nd Addition. Lot 11. Said Block 1 . Greg ry . Blindauer (Fee Owner) 9--- In presence of : , lt� � ;7 , �c �-�,.� � r � J� • ��"i�_ � Katherine S. Ke vie (Fee Owner) In presence of ��!� _ ��� , ,. � i��� �< <L ''"'' , Lolita P. Reitsma (Contract �. Purchaser) Lot 12,.Said Block 1 /" �In presence o�� / ��� `' L�l�� � �'�'r���--= `� � Lolita P. Reitsma (Fee Owner) � � Page Two Agreement Lot 13, Said Block 1 rego M B indauer (Fee Owner) In presence of: `'{��` � '��! �-� In presence of :�`��`4` `��1��1 l �'l e S „ e , • r��atherine S. Kelvie Fe Owner) �'" � .,•��E� '7'< <,[/� contracL Purchaser) 5C r T aE. f � � °. a f E S'aEE, �' . :� � � st "EEt 6� st aEE� 6M st �E�'S PRQP� c: w EE� E IROtiTON HUGC p►tItNOMT :�. � 11 RG l .6• �u " � �aE�� 6 � s o � St�! .��GFE.�ow 5� aEEt _0 8�� � \ a � .� I x �, �_ _ . e`'`. M . ;TAE tT — n _ � �TRE'E V JrM ' c0 s r :IqC4 I �p ELY �F. __ 3' - � _ . . • .f T � �� . D .� ,. : � ' N � W •• W \� N R` ,� . • �` : • }• � ` � ` � Y .. . U �`� •_ .� W „ , � � '1 � , ' .� .. .: �. �� c-r : ` . �. .. g" �� _ � 6„ ` . �18EN'� 5'F�E' �'\ / ,' \� Z � � . Z � - ,� �- 6�, . . �• \ StQEE' G� � ' \ ` —� � � �. .\ �� _. 8, . ,. �-, � a waY .t.• -'� T � v� a� 8 , _ � ' � �. \ . . , . � . �: . '• � . / ,9� � ` On� \ +" •� , �i � � \ � • • �'i \ � � � / s �. r.�..a i,.. �` \ -/ ��'• � � � �� . I� � � 4_\ _/ , �.i to , � . � t � ��� � ` '77 ' H ri 6 / � -t 0 �0�/' 05 .. o�/ �D 1 � �. +� �' ; � � Englneering Sewer Water Parks Streets Maintenance MEMORANDUM . TO: William W. Burns, City Manager�;�' PW88-352 FROM: John G. F1ora,�Fublic Works Director DATE: November 1, 1988 SUBJECT: Advertisement for 2.25 Cubic Yard Tractor/Loader Our 1989 Public Works Budget authorizes the purchase of a 2.25 Cubic Yard Four-Wheel Drive Articulated Rubber-Tired Tractor/Loader. This loader is to support the street maintenance activities including snow removal. In order to expedite the advertisement and purchasing process so that the equipment is available for the 1989 construction season, we propose to advertise the item during November and December so that bids may be presented to the Council at their December 19 meeting and purchase made in early 1989. Recommend the City Council approve the attached resolution for advertisement for a 2.25 Cubic Yard Four-Wheel Drive Articulated Rubber-Tired Tractor/Loader. JGF/ts Attachments � F�� 6A RFSOLIITION NO. - 1988 RESOLIITION TO ADVERTIS$ FOR BIDS FOR ONE (1) 2.25 CIIBIC YARD FOIIR-WHEEL DRIVB ARTICDLATED RIIBBBR-TIRBD TRACTOR LOADER BE IT RESOLVED by the City Council of the City of Fridley as follows: 1. That it is in the interest of the City to award bid contracts for the following items or materials: ONE (1) 2.25 CUBIC YARD FOUR-WHEEL DRIVE ARTICULATED RUBBER-TIRED TRACTOR LOADER 2. A copy of the specifications for the above-described items and materials, together with a proposal for the method of purchase and the payment thereof� have been presented to the Council by the City Manager and the same are hereby approved and adopted as the plans and specifications, and the method of acquisition and payment to be required by the City with respect to the acquisition of said items and materials. 3. The purchase of said items and materials as described above shall be effected by sealed bids to be received and opened by the City of Fridle.y on this 15th day of December, 1988. The City Manager is directed and authorized to advertise for the purchase of said items and materials by sealed bid proposals under notice as provided by law and the Charter of the City of Fridley, the notice to be substantially in form as that shown by Exhibit "A" attached hereto and made a part of by reference. Said notice shall be published at least twice in the official newspaper of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 21ST DAY OF NOVEMBER, 1988. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY�A. HAAPALA - CITY CLERK . : NOTICS TO HIDD$RS ONS (1) 2.25 CIIBIC YARD FOIIR-WHE$L DRIVB ARCTICIILATED RIIBBBR-TIRED TRACTOR/LOADBR Sealed bids will be received and publicly opened by the Citp ot Fridley, Anoka County, Minnesota, at the office of the Public Works Director, 6431 University Ave., N.E., Fridley, Minnesota, 55432 (tel. 571-3450) on Thursday, the i5th dap oi December, 1988, at 11:00 a.m., for the furnishinq of a 2.25 CUBIC YARD FOUR-WHEEL DRIVE ARCTICULATED RUBBER-TIRED TRACTOR/LOADER: All in accordance with the tractor loader specifications prepared by John G. Flora, P.E., Public Works Director, Fridley City Hall, 6431 University Ave., N.E., Fridley, Minnesota, 55432 (tel. 571- 3450, ext. 159). The tractor/loader specifications may be examined at the office of the Public Works Director and copies may be obtained for the Contractor's individual use by applying to the Public Works Director. Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of Fridley, Minnesota, in an amount of not less than five percent (5�) of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. All bids must be submitted in sealed envelopes and plainly marked on the outside with BID OPENING FOR ONE (1) 2.25 CIIBIC YARD FOIIR- WHEEL DRIVE ARTICIILATED RIIBBER-TIRED TRACTOR/LOADER. No bid may be withdrawn for a period of sixty (60) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 21st day of November, 1988. John G. Flora, P.E. Public Works Director Published: Fridley Focus Construction Bulletin • November 23, 1988 November 25, 1988 � November 30, 1988 December 2, 1988 December 7, 1988 December 9, 1988 Parks Streets Maintenancc MEMORANDUM '�. TO: William W. Burns, City Manager�.� PW88-372 FROM: John G. Flora � Public Works Director DATE: November 16, 1988 SIIBJECT: Advertisement for Remanufactured, Self-Propelled Street Sweeper 0 our 1989 Public Works Budget authorizes the purchase of a Remanufactured, Self-Propelled Street Sweeper. This Street Sweeper is to support the street sweeping activities conducted during the spring, summer and fall seasons. In order to expedite the advertisement and purchasing process so that the equipment is available for the 1989 sweeping season, we propose to advertise the item during November and December so that bids may be presented to the Council at their December 19 meeting and purchase made in early 1989. Recommend the City Council approve the attached resolution for advertisement for a Remanufactured, Self-Propelled Street Sweeper. JGF/BN/ts Attachments . •. � � 7 7A RESOLIITION NO. - 1988 RESOLUTION TO ADVERTIS$ FOR BIDS FOR ONS (1) REMANIIFACTORED, SELF-PROPELLED BTREET SWEEPER BE IT RESOLVED by the City Council of the City of Fridley as follows: 1. That it is in the interest of the City to award bid contracts for the following items or materials: REMANUFACTURED, SELF-PROPELLED STREET SWEEPER 2. A copy of the specifications for the above-described items and materials, together with a proposal for the method of purchase and the payment thereof have been presented to the Council by the City Manager and the same are hereby approved and adopted as the plans and specifications, and the method of acquisition and payment to be required by the City with respect to the acquisition of said items and materials. 3. The purchase of said items and materials as described above shall be effected by sealed bids to be received and opened by the City of Fridley on this 15th day of December, 1988. The City Manager is directed and authorized to advertise for the purchase of said items and materials by sealed bid proposals under notice as provided by law and the Charter of the City of Fridley, the notice to be substantially in form as that shown by Exhibit "A" attached hereto and made a part of by reference. Said notice shall be published at least twice in the official newspaper of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 21ST DAY OF NOVEMBER, 1988. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 7B NOTICB TO BIDDERS ONE (1) REMANIIFACTIIRED� SELF-PROPELLED STREBT SWEg�PSR Sealed bids will be received and p'ublicly opened by the Citp oi Fridley, Anoka County, Minnesota, at the office of the Public Works Director, 6431 University Ave., N.E., Fridley, Minnesota, 55432 (tel. 571-3450) on Thursdap, the 15th dap ot December, 1988, at 11:30 a.m., for the furnishing of a REMANUFACTURED SELF-PROPELLED STREET SWEEPER: All in accordance with the street sweeper specifications prepared by John G. Flora, P.E., Public Works Director, Fridley City Hall, 6431 University Ave., N.E., Fridley, Minnesota� 55432 (tel. 571- 3450, ext. 159). The self-propelled street sweeper specifications may be examined at the office of the Public Works Director and copies may be obtained for the Contractor's individual use by applyinq to the Public Works Director. Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of Fridley, Minnesota, in an amount of not less than five percent (5�) of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. All bids must be submitted in sealed envelopes and glainlp marked on the outside with BID OPENING FOR ONE (1) REMANIIFACTORED SELF- PROPELLED STREET SWEEPER. No bid may be withdrawn for a period of sixty (60) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 21st day of November, 1988. John G. Flora, P.E. Public Works Director Published: Fridle� Focus Construction Bulletin • November 23, 1988 November 25, 1988 � November 30, 1988 December 2, 1988 December 7, 1988 December 9, 1988 �� TO: WILLIAM W. BURNS � Y MANAGER �. ! FROM: WILLIAM C. HUN,; � SISTANT TO THE CITY MANAGER DATE: NOVEMBER 17, 1988 SUBJECT: PROPOSED CABLE TELEVZSION AGREEMENT BETWEEN ACCW AND THE CITY FOR 1989 The Anoka County Communications Workshop (ACCW) has proposed an agreement with the City for 1989 which includes the allocation of 50� of the revenue from the CATV franchise fee to the ACCW. The other 50� of the franchise fee would be used for the expenses of the CATV Commission and the operation of Municipal Channel 31. The question has been raised as to the impact that signinq the proposed agreement would have on the budget for city operations. I have prepared the attached detail of the operatinq budget for the City alone. The estimate of the revenue from the franchise fee has proved to be difficult. Our budget estimate for 1989 was $54,440. It now appears that a better estimate of the total to be received in 1989 would be $60,000. (The ACCW is estimating $64,000). Our 1989 budget includes a draw-down of $17,435 from reserves in the CATV Fund. It presumes that the reserves would be exhausted at the end of 1989. After that time further assistance to the City's CATV operating budget would have to came from some other fund. I have prepared a"bare bones" budget which I believe is realistic, especially when compared to the 1988 actual estimate. If we abide by that budget, we could go for a few more years without drawing down any fund other than the CATV Fund. Perhaps it should be noted that with 60$ of the 1989 franchise fee (which would amount to an estimated $36,000) the 1989 bare bones budget would not require any draw-down on the CATV fund balance. Given this analysis, I would recommend acceptance of the agreement proposed by the ACCW. � 0 n�r ii�i��ss CITY Op FRIDLEY C1hTV ogeratinq Budqet Detail (Ezcludes revenue and eupenditures relatinq to Public �iccess Corporation) 1988 BIIDGET Revenue Franchise Fee (60$)31,921 Interest 0 Fund Balance 8,449 Total Revenue 40,370 Expenditures Personal Services 32,989 Other Expenditures 4,536 Capital Outlay 2,845 Total Expenditures 40,370 � IOperating Excess (Deficit) 0 �Net Reduction (increase) of 'Fund Balance 8,449 1988 BSTIMATED l�CTIIAL (60$)34,320 0 8•449 42,769 26,600 4,500 300 31,400 11,369 (2,920) 0 8A 1989 1990 BIIDGET BARE BONEB ESTIMATB (50$)27,220 {50$)30,000 2,000 2,000 17.435 5.900 46,655 37,900 35,255 10,900 500 46,655 0 17,435 32,000 5,400 500 37,900 0 5,900 : : This agreement made and entered into this day of , 1988, by and between the City of Fridley, a Minnesota municipal corporation, in the County of Anoka, State of Minnesota, hereinafter referred to as "the City", and Anoka County Communications Workshop, Incorporated, a non-profit corporation in the County of Anoka, State of Minnesota, witnesseth: For and in consideration of the promises, covenants, terms and provisions herein contained, the parties hereto mutually agree as follows: 1. Period of Agreement. This agreement for a 12 month period, shall be effective January 1, 1989 through December 31, 1989, unless otherwise terminated by either party with 90 days written notice. Upon termination of the agreement, all uncommitted portions of the grant shall be returned to the City. Final determination of any such uncommitted amount shall be as determined and agreed upon by the City Manager and Anoka County Communications Workshop, Inc. 2. Responsibilities of Anoka County Communications Workshop, Inc. ACCW agrees to provide, on behalf of the City, services to Fridley residents as follows: a. b. c. To educate members of the public to the potential uses of video conununications in the community. To provide training and technical assistance that will promote citizen use of available cable casting facilities as a non-commercial means of communication. To serve as a resource center for information, materials and equipment relating to the use of video as a communication medium. d. To serve as a receiving, holding and disbursing entity for monies intended to promote non-commercial citizens use of the char�el. e. To provide at the request of the City, assistance to City staff in the programming of its� government access : channel, at no additional cost. 3.. Anoka County Communications Workshop, Inc. further agrees to keep and maintain a qualified staff of personnel, both paid and volunteer, necessary to perform the services herein set forth. 8C Page 2 4. For the period of this agreement the City will grant to Anoka County Communications Workshop, Inc. 50$ of the 5$ franchise fee from the current cable company to the City. Said amount shall be payable upon receipt by the City of the quarterly franchise fee payment from the cable company. 5. Anoka County Communications Workshop, Inc. shall keep accurate and complete records of financial transactions and shall provide to the City, on a quarterly basis April 1, 1989, July 1, 1989, October 1, 1989, and February 1, 1990, a complete written financial report of its operations during the period of this agreement. Said records shall include an accounting system maintained in a generally accepted manner, including, if applicable, the filing of proper tax returns to the Federal and State Governments, such as payroll tax returns or corporate income tax returns. Said records,Shall be available for inspection by the City Manager, members of the Council, and Cable Commission members during regular business hours. 6. ACCW shall provide to the City a written report of its operational activities, including whatever data will assist the City in evaluating the effectiveness of the ACCW in the provision of the services herein set forth. Said report will be provided to the City within sixty days after completion of this agreement. ACCW will also provide interim progress reports of its operational activities April 1, July 1, October 1, and February 1. 7. ACCW shall indemnify, save and hold hanaless the City and all of its officers, agents and employees from any and all claims for losses, injuries, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of ACCW, its agents, officers, employees, members, guests, patrons or any person or persons associated with ACCW for any purpose. 8. Insurance. ACCW will provide proof of liability insurance, naming the City as an additional insured in an amount and form as approved by the City Manager. 9. ACCW shall provide the City documentation that it has obtained non-profit tax-exempt status from the Federal Internal Revenue Service and the State of Minnesota Department of Revenue. 10. It:is understood and agreed that no alteration or variation of�the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. il. In the event of a breach by ACCW of the terms or conditions of the Agreement, the City shall have, in addition to any other legal recourse, the right to terminate this Agreement. a Page 3 In witness whereof, the parties have caused the Agreement to be executed by their proper officers, thereunto duly authorized. Witness: William W. Burns, City Manager William J. Nee, Mayor Paul E. Kaspszak, ACCW Chairperson David S. Harvet, ACCW Treasurer : � RESOLUTION NO. � - 1988 A RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley city employees within budgetary constraints; and WHEREAS, the City Council and City Staff have reviewed economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments be authorized for employees of the City of Fridley with the exception of employees who are members of a bargaining unit and employees covered by an individual employment agreement: 1. A general increase of 4.0� in employee salaries. 2. For authorized employees an increase of $25 per month in the maximum contribution of the City toward health and life insurance premiums (Flexible Benefit Plan, Option A). 3. For authorized employees an increase of $25 per month in the contribution of the City toward Option B of the Flexible Benefit Plan. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1988. WILLIAM J. NEE - MAYOR ATTEST: � SHIRLEY A. HAAPALA, CITY CLERK �J 10 RESOLIITION NO. — 1988 A RESOLIITION APPROVINCi AN AGENT�B INSIIRANCB SERVICE AGREEMENT WITH T.C. FIBLD ic COMPANY WHEREAS, it is the policy of the City of Fridley to protect the employees and assets of the City by institutinq appropriate risk management procedures and by procuring adequate insurance coverage; and WHEREAS, the services of an insurance agent provide appropriate risk management services and insurance coverage for the lowest available cost; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that T. C. Field & Company be designated agent of record for the City of Fridley. BE IT FURTHER RESOLVED that the Mayor and the City Manager be authorized to execute the Agent's Insurance Service Agreement which is attached as Exhibit A. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1988 WILLIAM J. NEE — MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK 10A MEMO TO: WILLIAM W. FROM: WILLIAM C. BURNS C� AGER �'� . iiUNT ���� STANT TO THE CITY MANAGER SUBJECT: RENEWAL OF AGENT'S INSURANCE SERVICE AGREEMENT DATE: NOVEMBER 16, 1988 The agreement between the City and T. C. Field & Company expires December 31, 1988. T. C. Field & Company is proposing a three year renewal of the agreement at the same rate as the previous agreement. This would mean that the.cost of insurance services for 1991 would be the same as for 1985. According to the terms of the present and proposed aqreements, insurance services are provided for a set annual fee which is considerably less than the commissions which an insurance agent would receive for placing insurance for the City. We estimate that the commission for insurance placed for the City in 1987 would have ammounted to $32,774 compared to the fee for service of $19,721 in the agreement. In my estimation we have received outstanding service from Conway G. Olson, Vice President of T.C. Field & Company, over the past three years. He communicates very effectively with City 5taff, and he has more than fulfilled the service requirements detailed in article III of the agreement. I recommend that that you propose 21, 1988. the attached agreement be approved, and I request it to the City Council at the meeting of November � �� '� November 11, 1988 T. C. F1ELD & COMPANY �NSURANCE & BONDS P. O. BOX 64016 SAINT PAUL. MINNESOTA 55164-0016 Mr. William W. Burns City Manager City of Fridley 6431 University Avenue NE Fridley, NII�i 55432 Dear Mr. Burns: 10B 612 227-8405 I have discussed our contract renewal with Bill Hunt. I received approval to write you and am including the proposed renewal contract. When reviewing the contract you will find it is unchanged. we have amended dates, but all other specifics are unchanged. If you wish to discuss any particulars, we would be happy to do so. We look forward to continuing our relationship with the City of Fridley. Yours very truly, Conway G. Olson Vice President CGO:bf:enc. Inde�a�► ME—. M�=� �sseraaMOaa � '� ' C � � � AGENT'S INSURANCE SERVICE AGREEMENT s This agreement made November2l, 1988, between the City of Fridley Insured, hereinafter referred to as "CLIENT", and T.C. Field & Company Insurance Agents, Brokers, and Risk Management Advisors, hereinafter referred to as "A"; "CLIENT" agrees to engage the services of "A" as Insurance Servicing Agent of Record with respect to' all Insurance of "CLIENT" within the scope of Professional Liability, Fire, Workers' Compensation, Casualty and Marine Insurance, and �'idelity and Surety Bonds, hereinafter referred to collectively as "Znsurance", subject to the following items and conditions: I. Term of Agreement This agreement shall take effect on January 1, 1989 and shall continue and remain in effect for a period of three (3) years, unless it is terminated prior to the 31st day of December, 1991, by either party giving the other ninety (90) days prior written notice of termination. iI. Agency Representation It is agreed that, with respect to all services to be performed under this agreement, "A" shall at all times and in all circumstances be the Insurance representative of "CLIENT" and shall use its best efforts to ascertain and understand the risks and the Insurance needs of "CLIENT" and, in all such matters, to act as though "CLIENTS" interest were its own. "A" shall also act in the capacity of Insurance Broker or Insurance Agent to negotiate, place, service and receive commission (if any) on all or part of the Insurance purchased by "CLIENT" unless use of another agent or broker is authorized by Client. "A" shall be under the duty to fully disclose to personnel authorized by "CLIENT" any and all commissions, received or payable and any possible conflict of interest relating to "A" representation of any Insurance underwriter with which Insurance is to be placed. "CLIENT" understands that "A" shall act in the dual capacity of Risk Management Advisor and Insurance Agent. It is.further agreed that the total compensation of "A" as provide.d in Article IV hereof, shall not be affected by such dual capacity. III. Services 1 10C ' �J "A" agrees to perform during the period of this agreement, in a competent and professional manr�er, the following services for the anticipated or maximum compensation specified in Article IV of this agreement. A. Exposure Survey: Establish a procedure for evaluating all exposures to insurable losses which are involved in the operations of "CLIENT" and provide an exposure list, updated annually. Particular attention shall be paid to those exposures which could result in a catastrophic loss. Work with "CLIENTS" staff and advisors to explore alternative means of dealing with loss exposures, such as the elimination or reduction of risk, complete or partial reduction of risk through deductibles or self-insurance schemes, and alternative Insurance underwriters and rating plans which minimize the present, after-tax value of cash outflow. B. Specifications: Work with "CLIENTS" specifications for "CLIENT". Assist insurable values. staff and advisors to draft coverage insurance as shall be purchased by in annually filing the statement of C. Quotes and Recommendations; Obtain proposals and quotes from qualified underwriters on a net of commission basis if available, for improving Insurance coverage, and work with the "CLIENTS" staff and advisors to study and impartially evaluate all Insurance proposals received, in terms of the coverage provided, financial standing and services of the Underwriter and ultimate net cost to "CLIENT", and provide an Insurance policy inventory and summary, updated annually. D. Negotiate, Review Proposals and Claims: Conduct on behalf of the "CLIENT" all negotiations with all Insurance representatives and companies relating to issuance and maintenance of policies, audits, premium reports and all similiar matters customarily handled by Insurance Agents, Brokers, and Advisors, including the obligation to make diligent efforts to continue any terminated policies. If "A" is unable to obtain any Insurance coverage, "CLIENT" shall-obtain the coverage from another source. "CLIENT'S" staff and advisors shall be kept fully informed of all significant changes and shall be notified on any NEW Insuran�ce programs prior to affecting any change. Audited and approved policies, endorsements and invoices shall be delivered to "CLIENT" with respect to all Insured losses, and shall semi-annually review liability and worker's 2 10E compensation reserves listed by Insurance carrier and rating bureau, and offer recommendation to "CLIENT". E. Loss Control• "A" shall serve as Advisor along with insurance company personnel with respect to Loss Control and Safety Engineering Programs. Services include inspection of plants and properties; pre-construction review of plans and specifications for new buildings and extensive alterations. This is in addition to and does not include services provided by employees or persons engaged by the Insurance Company. On or before the first day of November, "A" shall submit an annual report of the work performed during the year, the results achieved, premiums paid and losses incurred on insured risks, a summary of the current insurance program and any outstanding unfulfilled recommendations for risk coverage or cost improvement. F. Communications; No charge phone accessability, written confirmation and follow-up of communications with "CLIENT" and Underwriters. Assist "CLIENT'S" staff and advisors in the application and use of Risk Management procedures and information systems. G. Other Services: Provide services 1-24 listed on attached Agency Services, Experience and Qualifications Questionnaire which is incorporated by reference with addendums 1-4B, submitted by "A" on December 5, 1985, shown as Exhibit I. IV. Total Compensation A. Amount The total compensation of "A" for services performed under this agreement for the first year shall be a maximum of $19,721, and for the second and third years, an annual maximum amount of $19,721. Insurance invoices to "CLIENT" shall include a breakdown of policy premium by classification or budget allocation purposes, and a statement of fees payable. Premiums shall be remitted as invoiced. B. Definition "Total�Compensation" for the purpose of this agreement shall be deemed to be the sum of: 3 All compensation received by "A" from any Insurance Underwriter for Insurance required by "CLIENT" including both direct and contingent commissions; and all compensation or reimbursement received by "A" from "CLIENT". With respect to any Insurance written for a period of more than one year, only a yearly prorate credit shall be included in the calculation of "A" compensation during each annual period said Insurance is in effect. If permitted charges shall irrespective of C. Excess by Insurance companies, only net premium be made in every Insurance placement the level of compensation incurred. If payments received by "A" exceed the total compensation, "CLIENT" shall request "A" to perform additional Risk Management services, other than the placement of Insurance, equal in value to such excess. If, however, "CLIENT" does not request such additional services, then "A" shall remit such excess to "CLIENT", and this total compensation provision is hereby incorporated in any Insurance placed by "A" on behalf of "CLIENT". D. Invoice For the service specified, "A" compensation as specified above provided by "A" shall contain services provided, time expended service. V. Performance shall be entitled to total and as billed. The invoice an itemized statement of , and persons providing said "CLIENT" agrees to make available to "A" all necessary financial and operating data essential to the performance of services described in Article III. "CLIENT" shall provide access to its premises and properties and such written authorization as shall be required by rating bureaus, Insurance companies or similiar organizations. "CLIENT" agrees to appoint "A" Agent of Record or Broker of Record for all Insurance Companies marketing products through the Agency System. VI. Agreement � This agreement shall be binding upon the successors. and assigns of the parties hereto. Executed in Minnesota this2lst day of November, 1988. 4 10F WITNE5S: . . . WITNESS: 5 T.C. FIELD & COMPANY C � by - � — THE CITY OF FRIDLEY by William J. Nee, Mayor 10G 11 � .,- � „ MEMORANDIII�i I ,�. �� 'P0: WIId,.IPiM W. BUR�B� QTY � �• F�: RIC�RD D. PRIBYL, FII� DIRBG'i10�t RE: RE80?�TFIaId AC�IN6'r A C�RI'l�BLE (�IDLII� PE[iHIIT Ff�t l�II�'SO'.['A �IPEUI'IC C�li�� IIaC. DATE: 1�7VH� 17, 1988 Attached yau will f ir�d a re�.�olution that was prepared in a000Ydanoe with the wishes of the City Cb�u�cil. This resoluti� is based oai the interit of Chapter 30 of the City Cbde to k�eep pull-tabs in on- sale liquor establishments. �e attorneys have review�ed with us the State Statutes and aur City Code and feel that the resolutiari is apprapriate in this ci�tance. Attac�m�ent RESOLUTION N0. - 1988 RESOLUTION A6AINST APPROYAL OF THE PETITION FOR A CHARITABLE 6AMBLIN6 PERMIT BY MINNESOTA THERAPEUTIC CAMP, INC. WHEREAS, the City of Fridley has been served with a copy of Minnesota Therapeutic Camp, Inc.'s proposal to sell pull tabs through the Holiday Plus Store in Fridley; and WHEREAS, the City of Fridley has found it necessary to restrict the location of charitable gambling operations; and WHEREAS, pursuant to this need, the City of Fridley, through Chapter 30 of its ordinances, has restricted the sale of pull tabs to on-sale liquor establishments as defined in Chapter 603 of the City's ordinances; and WHEREAS, the City of Fridley has strong public policy reasons to restrict gambling, including the sale of pull tabs, from family-oriented locations. NOM, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley hereby disapproves of the Petition for Charitable Gambling by Minnesota Therapeutic Camp, Inc. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1988. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 11A 3 � t FOR CONCURRENCE BY THE CITY COUNCIL NOVEMBER 21, 1988 GAS SERVICES B & D Plumbing & Heating 4091 MacIver Avenue St. Michael, 1�1 55376 By: William Daleiden GENERAL CONTRACTOR Achievements In Design 6712 Valley Place Crystal, I�T 55427 By: Roger Grumdahl Springer Builders 8872 - 175th Lane N.W. Ramsey, I�IId 55303 By: Susan Springer Richard Tkaczik Construction Inc. 12323 Gladiola N.W. Coon Rapids, MN 55433 By: Richard Tkaczik -- LiCENSES WILLIAM SANDIN Plbg. Ht�g.Insp. DARREL CLARK Chief Bldg. ofcl. Same Same HEATING B& D Plumbing & Heating. Inc. 4091 MacIver Avenue WILLIAM SANDIN St. Michael, 1�T 55376 By: William Daleiden Plbg.-Htg. Insp. Commercial Air Conditioning Inc. 2200 Niagara Lane Plymouth, rIIJ 55441 By: Stephen Quade PLUMBING B & D Plumbing & Heating 4091 MacIver Avenue St. Michael, MN 55376 By: William Daleiden ROOFING Ettel & Franz Company 2222 Robbins Street St. Paul, P�1 55114 By: Don Waqner Same STATE OF MINN DARREL CLARK Chief Bldg Ofcl 13A r FOR CONCURRENCE BY THE CITY COUNCIL -- LiCENSES ' . "�ovember 21, 1988 RESIDENTIAL RENTAL PROPERTY ■ � a,� I,OCI1TIOrI OF BUIIAING UNlTS FEE APPRE�JFn BY R. H. Larson, FPB,/ Housing Insp. Phillip Willson 6444 Baker Street 4Q1 Ironton St. NE Fridley, h1�V 5�432 Gerald & Corlyce Grant 7833-37 Firwood Way 7338 Fi rwood '�Jay NE Fridley, "�N 55432 Phillip 'rlillson 401 Ironton Street 401 Ironton St. NE Fridley, Mr1 55432 Phil Andrzejek 1425 Meadowr,ioor Drive 3360 Crystal Lake Blvd. Robbinsdale, �iN 55422 1 1$.00 2 36.00 2 36.40 1 18.00 �1ichael/Jebra Smieja 1601 �l. Innsbruck Drive, 1 742 W. County Rd. B #234 Rosevi 11 e, '1N 55113 �uane Levandowski 6361 Pierce Street 107 S. Knowles, #205 iJew Richmond, WI 54017 Ron flolby 5181-83 - 3rd Street 6253 Ben More Drive "�E Fridley, M^! 55432 Charles Haussler 5839-41 - 3rd Street �684 Jackson St. PaE Fridley, �1,J 55432 Timothy Parker 5916-18 - 4th Street 7315 Numboldt Ave. `�. '�1p�s, F1t•1 55444 13.00 2 36.0� 2 24.00 2 36.00 2 24.00 � � 1� � _ � mm U1 < .y F- 4 � O C s U � � Z � � .»�o o a~ � � �j � �. U � 6�. 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