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02/27/1989 - 5380.---� �� FRIDLEY CITY COU�►�tL MEETING �� TV oF �an�r FRiGIEV ATTENDANCE SHEET MONDAY � 7:30 P.M. I PLEASE SIGN NAME,ADDRESS AND ITEM NUMBER INTERESTED IN �E ADDRESS , ccx===cs=a=a==cc==:�=caaoass=aaassz=�ssi a�=as=�smaao�oca=anc=-==-s=xasseaaascca== l � �� I��l /-�c�s � . , J a S.�� y j i �� _ � �S�r� �� ITENt NUMaER I -az==:=cxeaa FEBRIIARY 27� 1989 - 7:30 P.M. The followinq are the ��ACTIONS TAREN�� by the administration for your information. APPROVAL OF MINUTES: Council Meeting, February 13, 1989 Approved ADOPTION OF AGENDA: Add: Item 20, Consideration of Receivinq Bid and Awardinq Contract for Metal Doors in the Police detention facility OPEN FORUM, VISITOR8: There was no response from the audience under this item of business. PUBLIC HEARING: Public Hearing on a Final Plat, P.S. #88-03, Glacier Park Company Addition, Being a Replat of That Portion of Lot 3, Auditor's Subdivision No. 79, Generally Located at 5510 Main Street N.E., by API Supply Company . . . . . . . . . . . . . . . 1 - 1 E Opened at 7:50 p.m. Closed at 7:52 p.m. COMMUNITY DEVELOPMENT--ACTION TAKEN: Item is on next agenda for consideration ,�: � 1 �� Council Meetinq, February 27, 1989 OLD BUSINESS: Consideration of a Lot Split, L.S. #88-07 to Create a Separate Parcel from Auditor's Subdivision No. 94 to be Described as the South 140.00 Feet of the West 150.00 Feet of Lot 7, Subdivision of Lot 10, Except the West 75.00 Feet Thereof, Generally Located at 1300 Skywood Court N.E., by William Shields and Consideration of a Resolution Approving L.S. #88-07, by William Shields (tabled 2/13/89) . . . . . . . . . . . . . . . . . . . . 2 - 2 Paqe 2 Adopted Resolution 23-1989 approving lot split and granted the five foot variance COMMUNITY DEVELOPMENT--ACTION TAKEN: Council approval. Consideration of Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Council Members in Accordance with Section 2.07 of the Charter of the City of Fridley . . . . . . . . . . . . Petitioner notified of . . . . . 3 - 3 B Adopted Ordinance No. 920 and ordered publication. CENTRAL SERVICES--ACTION TAKEN: Proceeded as authorized NEW BUSINESS: Consideration of an Agreement with School Districts to Turn Back Referendum Levies .... 4- 4 L Approved agreements with the three School Districts CENTRAL SERVICES--ACTION TAKEN: Proceeded as authorized Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Water, Sanitary Sewer and Storm Sewer Praject No. 188 . . . . . . . . . . . 5 - 5 A Adopted Resolution 24-1989 PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized � Council Meetinq, February 27, 1989 Paqe 3 Consideration of a Resolution Ordering Improvement, Approval af Plans and Ordering Advertisement for Bids: Water, Sanitary Sewer & Storm Sewer Proj ect No . 188 . . . . . . . . . . . . . . . . . 6 - 6 A Adopted Resolution 25-1989 PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Street Improvement Project No. ST. 1989-1 . . . . . . . . . . . . . . . . . 7 - 7 A Adopted Resolution 26-1989 PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized Consideration of an Amendment to Development Agreement for Vantage Companies . . . . . . . . . 8 - 8 F Tabled indefinitely COMMUNITY DEVELOPMENT--ACTION TAKEN: Holding for a possible future agenda Consideration of Setting a Public Hearing for a Vacation, SPU #89-01, by WBDH Realty, Northtown Nissan, for March 20, 1989 ...... 9- 9 D Set public hearing for March 20, 1989 COMMUNITY DEVELOPMENT--ACTION TAKEN Set the public hearing for March 20, 1989 Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Street Improvement Project No. ST. 1989-2 . . . . . . . . . . . . . . . . . 10 - 10 A Adopted Resolution 27-1989 PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized ; � Council Meetinq, February 27, 1989 Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Street Improvement Project No. ST. 1989-2, Addendum No. 1......... 11 - 11 A Adopted Resolution 28-1989 PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized Consideration of a Resolution Ordering Improvement and Appraval of Plans and Ordering Advertisement for Bids: Street Improvement Project No. ST. 1989-1 and ST. 1989-2 . . . . . . . . . . . . . . . . . . . 12 - 12 A Adopted Resolution 29-1989 PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized Consideration of a Resolution Authorizing Execution of a Loan Agreement with the State of Minnesota for Portable Breath Testing Instruments . . . . . . . . . . . . . . . 13 - 13 A Adopted Resolution 30-1989 POLICE DEPARTMENT--ACTION TAKEN: Agreement executed Consideration of a Clean Tndoor Air (No Smoking) Policy for the Renovated Municipal Center . . . . . . . . . . . . . . . . 14 - 14 B Paqe 4 Approved, with the exception of the Apparatus Room in the Fire Department. City to offer a program to employees for smoking cessation CITY MANAGER'S OFFICE--ACTION TAKEN: Proceeding as authorized Appointment: City Employee . . . . . . . . . . . 15 Approved CITY MANAGER'S OFFICE--ACTION TAKEN: Informed Accounting Department of new employee Council Meetinq, February 27, 1989 Claims . . . . . . . . . . . . . . . . . . . . . 16 Approved CENTRAL SERVICES--ACTION TAKEN: Paid claims Licenses . . . . . . . . . . . . . . . . . . . . 17 Approved CENTRAL SERVTCES--ACTION TAKEN: Issued licenses Estimates . . . . . . . . . . . . . . . . . . . . 18 - 18 A Approved CENTRAL SERVICES--ACTION TAKEN: Paid estimates Consideration of Change Order No. 5 for the Municipal Center Renovation Project and B. Consideration of Resolution to Make Tax Free Purchases of Materials and Supplies for the Fridley Civic Center . . . . . . . . . . . . . . . . . . . 19 - 19 C Approved Change Order No. 5 and Adopted Resolution 31-1989 PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized Consideration of Receiving Bid and Awarding Contract for Hollow Metal Doors for Police detention f acil ity . . . . . . . . . . . . . . . . . . . . . 2 0 Paqe 5 Received bid from Nystrom, Inc. and awarded contract to Nystrom, Inc. for a total of $13,609. PUBLIC WORKS--ACTION TAKEN: award Adjourn: 8:39 p.m. Informed Nystrom, Inc. of contract RESOLUTION NO. - 19$9 RESOLUTION TO MAKE T1�1X FREE PURCHASES OF MATERIALS AND SUPPLIES FOR THE FRIDLEY CIVIC CENTER WHEREAS, the City of Fridley has recently subsitituted Kraus-Anderson Construction Company as the construction manager for the Civic Center Remodeling Project, and WHEREAS, Kraus-Anderson Construction Company has recently advised the City that pursuant to Minnesota Sales and Use Taxation Regulations Section 8I30.I200 subparagraph 3(D) that zt is possible for the City to purchase materials and supplies for the Civic Center remodeling without paying sales tax for these � i�ems, and WHEREAS, in order for the City to not pay sales tax on materials and suppiies purchased it is necessary for the City to directly purchase all suppli�s and materials and for this purpose to designate each of the individual contractors as purchasing agents for the City of Fridley, and WHEREAS, by designating each of the contractors as purchasing agents for the City of Fridley, the City then assumes full responsibility for any defects in said materials and supplies as weil as assuming risk of any losses which might be sustained as a result of the thief of said materials and supplies, and WHEREAS, in order to comply with Minnesota Sales and Use Taxation Regulation Section 8130.1200 subparagraph 3(D) it is necessary to provide certain terms and conditions in the contract between the City of Fridley and each of its contractors. BE IT RESOLVED by the City Council of the City of Fridley as follows: l. That except for those contracts where supplies and materials have already been purchased and paid for by the City, the City hereby authoriaes the City staff to execute the following addendum to all of the , contracts it has entered into on the Civic Center remodeling project: "Tax free purchases will be accomplished by the City establishing a principal/agent relationship with the contractor per the following items: (a) Title to all materials, supplies and equipment purchased pursuant to this appointment shall immediately vest in the City of Fridley at the point of delivery. 19B (b) The risk of loss with respect to such materials, supplies and equipment is that of the City of Fridley. (c) The City of Fridley and not the contractor has the responsibility for all defective materials, supplies and equipment. �. (d) The City of Fridley will furnish adequate notification to alI vendors and supp2iers of this agency relationship, and shall make clear to such vendors and suppliers that the obligation for payment is that of the City of Fridley and not of the contractor. (e) All purchase orders and other documents furnished to the vendor shall clearly reflect this agency relationship. (f> The contractor is authorized to and will appoint its subcontractors as additional purchasing agents to purchase materials, supplies and equipment under these same terms and condition." 2. That the City staff is authorized to execute change orders with each contractor who enters into the addendum referenced in paragraph 1 above. This change order shall refiect a price reduction which shall be an amount equal to the amount of sales tax which the contractor wou13 have paid but for the Addendum referenced above. PASSED AND ADOPTED by the City Council of the City of Fridley this day of , 1989. WILLIAM J. NEE, MAYOR ATTEST: Shirley A. Haapala, City Clerk (2/24/89 RES3-H&N) � 19C �C SECTI�V COMTRACTOR URIGIP� CONTRACT 51M4 7241 A.E CONRpD 9518 ARCHITECTURAL SALES 8385 BRIN NORTI�STERN 753td C. V. NIELSEN b4@8 ENVIROI�IENTS, INC 15980 ENVIROIV—[�I 16�8 GEPFWRT ELECTRICf�. 8110 6LEMAiE D�RS, IF� 9� 6RANZZINI BROTF�RS 4408 JE5CA 1�8 KLAMtl�I M�CF�IVICf� KRAUS �iDERSON 9�CS8 t�CAHY 3088 PAt&( t�15TRliCTI�V 14c'48 MIPNN�50TA ELEVATQR 9650 PINH COPIPANIES 6188 RO�IE PAY APW.ICATIIN�i �5 IN� PREVY�7S PAYR�NT5 Bt�.F�E TO FINISN CIVIC CENTER t�DEL.Ih�i C�VTRi�T ESTIR�TES Pay Application �5 Invoices Through 1-31-6b CITY CIVIC FIRE CITY CENTER STATION SHARE HRA PLAZA � t2�379�274.88 f2b��238.00 f��641i51�.88 f777,658.� f�1,588.64 f16,1b4.(d0 f28,78Q.� f9, 278. la8 t19,86$.68 f44,413.� f I 1, 826. Id8 f 26, 2'�@. � f75,780.� t43, 049. 83 f11,�.58 f36,471.fb8 f�8,056.0� f36, 398. 70 f4,37b.43 f 10,15�9. 3b f701. � f6,876.54 f1,82b,57 f386,367.98 318,763.79 131,748.88 t1b,865.3� ft@s 7�. � �9,270.I� f6,876.54 f19,858.68 f44,413.� f 11, id'2b. id8 t16, 280. i� t75,788.� f43,049.03 f 11, t�6. 58 f36, 47I.1� f0.� it0� I�Sti. 00 f3b, 398. 78 i5,4@3,�D f 1, 458. � � 153, 8�. 80 i405,131.77 f155,258.A� f755,027.69 t112,185.a0 5667,21�.69 f�'55,803.0@ t1,�37,878.33 f131,289.�1 fi,"sb9,167.54 t36b,596.2� TOT� f3,419,178. N f31,748.88 f 16, 865. 32 f28,7@@.88 t9,278.� f6,876.54 f19,868.68 f45,871.@8 t11,626.8@ f16,288.� f75,788.� f43, 049. 83 f11,806.58 f�, 471.88 f 153, 8N. 8B f20, �556. 8B t36,39B.10 f5, 4@3. �8 f5b8, 398. 57 f1,123,815.69 t1,735,7G3.74 �..�..��r ' .� r �1 �� • � � � ,�,, �� v KRAUS-ANDERSON CONSTRUG�ION COMPANY CONTRACTORS 6 CONSTRUCTION MANAGERS :r? • ' • I 1 7,'O: BILL BQRNS, CITY !lANAGBR , CITY COIIl�CIL, FRIDLEY, I�i PRO�►t: A. SACRETT, PROJSCT I+IANAGBR RE: , DETENTION HOLLOW MST�I. BIDDING AND Ai/ARD OF CONTRACT DATE: Februa=y 27, 1989 Kraus Anderson discovered approximately 3 weeks ago that the Security hollow metal section of specifications had not been bid nor contract awarded. In checking with several suppliers through out the country, we found that this particular product has a large back-log in many manufacturing producers. Therefore, I selected people I thought, after phoniirg, that would be willing to bid the project. Letters and bid information were sent to: 1. Universal Security Products Inc. P.O. Box 3649 Hayward, CA 2. 3. Trussbilt 2.5 7 5 Como Ave . St. Paul, MN Nystrom, Inc. 1701 Madison St. NE Minneapoli�, MN I established a 7 day bidding period from these three suppliers. I received 1 bid from Nystroms, Inc. The security doors will be supplied by Johnson Fire Door who is a recommended supplier by �pecification. Their price is $6,654.00. The hardware wi11 be supplied by Southern Steel at a price of $4,900.00. The gun lockers will be supplied by American Locker, 3 units with 4 compartments for a total of 12 compartments at a price of $2,055.00. The total price is $13,609.00. These materials are very critical to t2ie construction schedule on Fridley Minnesota Municipal Center. ,+1=�'L'?.�� '�/�� ,� !! � MINNEAPOLIS DIVISION 525 SOUTH EIGHTH STREET, MINNEAPOLIS, MINNESOTA 55404 PHONE: 6t2-332-7281 . '� � i: � ; -- .....: 1 .,. ° MENIORANDOl�I � - Bill Burns, City l�anaqer ,�, February 27, 1989 - Paqe -2- �, - � Th� secured area in the Police Department will be the last area com- � pleted on the project. Kraus-Anderson hereby recommends that Nystrom, a Inc. be awarded the contract for specification�section 11190-Detention - Hollow Metal. 4 � • � ' , .. ' \ . ' . . . ��' . . . . . . . . �� . . ; ��...� . , . . . � � . . , � . . Y� � - � � � � . � TAS/ke � � ' EWDI.�E1( 5m Y s he ed PLEDGE OF AILEGIANCE: APPROVAL OF MitMES: Councit Meeting, February 13, 1988 IIDOPTION OF AGENDA- OPEN FORl11. VISI70RS: (Consideration of items not on egenda - 1 inutes) FEBRIJART 27, 1989 - 7:30 P.M. NEY BllS[I�SS (CONTIMIED)� PUBLIC NEARING� Public Hearing on a Finat Plat, P.S. #88-03, Gtacier Park Company Addition, Being e Replat of That Portion of Lot 3, Auditor's Subdivision Ho. 79, Generall Located at 5510 Main Street N.E., by API Supply Company . . . . . . . . . . . . . . 1 - 1 E OLO BUSINESS- Consideration of a Lot Split, L.S. #88-07 to Create a Separate Parcel from Auditor' ti o� Subdivisian No. 94 to be Described as the �� o South 140.00 Feet of the West 150.00 Feet �',K �1 of Lot 7, Subdivision of lot 10, Except t i Nest 75.00 Peet Thereof, Generelly locat qi� at 1300 SkyWOOd Court N.E., by Hiltiam St% Shields 9'`� and Consideration of a Resolution Approving L.S. #88-07, by William Shields (tabled 2/13/89> . . . . . . . . . . . . . . . . . 2 - 2 Consideration ot Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix f to Provide for the Adjustment of Salaries for the Mayor and Council Members in Accordance with Sectiort 2.07 of the Charter of the City of fridley . . . . . . . . . . . . . . 3 - 3 B �NEY BUSINESS- - �- Consideration of an Agreement with School , ��•, Districts to Turn eack Referendun Levies .� 4- 4 Li �"� I �.�,,\C. ,� Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimetes of Costs Thereof: Yater, Sanitary $ewer and °'� Storm Sewer Project No. 188 . . . . . . . . . . S - S A �.�: , .. � �� Consideration of a Resolution Ordering Improvement, Approval of Plans a�d Ordering Advertisement for Bids: v��4later, Sanitary Sewer 8 Storm Seuer Project No. 188 . . . . . . . . . . . . . . . . . 6 - 6 A Consideration of a Resolution Ordering Improvement and final Plans and Specifications and Estimates of Costs �LThereof: Street Improvement Project No. ST. 1989-1 . . . . . . . . . . . . . . . 7 - 7 A ;.,� Consideration of an Amendment to Development 'j-" Agreement for Vantage Canpanies . . . . . . . 8 - 8 F Consideration of Setting a P�lic Hearing o;`for a Vacation, SPU #89-01, by 6iBDH Realty, Northtown Nissan, for March 20, 1989 ...... 9- 9 D '�Consideration of a Resolution Ordering � Improvement and Final Plans and Specifications and Estimates of Costs ,��` Thereof: Street Improvement Project No. ST. 1989-2 . . . . . . . . . . . . �, . . . . 10 - 10 A Consideration of a Resolution Ordering lmprovement end Final Plans and _,Specifications and Estimates of Costs Thereof: Street lmprovement Project No. ST. t989-2, Addendum No. 1�. ..... . 11 - 11 A j j I' i t Consideration of a Resolution Ordering lmprovement and Approval of Plans and -- Ordering Advertisert�ent for Bids: Street Improvement Project No. ST. 1989-1 a�d ST. 1989-2 . . . . . . . . . . . . . . . . . . . 12 - 12 A PRIDIEY CITT OaINCII MEETING - PAGE 3 I�lt BUSINESS [CONTIMIED)• Consideration of a Resolution Authorizinp Execution of a loan Agreement with the State of Minnesota for Portable Breeth Teating instrunents . . . . . . , . . . . 13 - 13 A Ca�sideration of a Clean Indoor Air ��(No Swoking) ?olicy for the Renovated Nunicipnl Center . . . . . . . . . . . . . 14 - 14 B Appoint�ent: City Employee . . . . . . . . . 15 Ctei�ns . . . . . . . . . . . . . . . . . . 16 , L i censes . . . . . . . . . . . . . . . . . 1 T Estimates . . . . . . . . . . . . . . . 18 - 18 A Adjourn: Council Meetinq, February 27, 1989 OLD BIISINESB: Paqe 2 Consideration of a Lot Split, L.S. #88-07 to Create a Separate Parcel from Auditor's Subdivision No. 94 to be Described as the South 140.00 Feet of the West 150.00 Feet � of Lot 7, Subdivision of Lot 10, Except the West 75.00 Feet Thereof, Generally Located at 1300 Skywood Court N.E., by William Shields and Consideration of a Resolution Approving L.S. #88-07, by William Shields (tabled 2/13/89) . . . . . . . . . . . . . . . . . . . . 2 - 2 J Consideration of Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Council Members in Accordance with Section 2.07 of the Charter of the City of Fridley . . . . . . . . . . . . . . . . . 3 - 3 B 0 NEW BUSINESB: Consideration of an Agreement with School � Districts to Turn Back Referendum Levies .... 4- 4 L , Council Meetinq, February 27, 1989 NEW BUSINE88 (CONTINOED): Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs � Thereof: Water, Sanitary Sewer and • Storm Sewer Project No. 188 . . . . . . . . . . . 5 - 5 A Consideration of a Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Water, Sanitary Sewer & Storm Sewer Project No. 188 . . . . . . . . . . . . . . . . . 6 - 6 A Consideration of a Resolution Ordering ' Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Street Improvement Project No. ST. 1989-1 . . . . . . . . . . . . . . . . . 7 - 7 A Consideration of an Amendment to Development Agreement for Vantage Companies . . . . . . . . . 8 - 8 F Paqe 3 Council Meetinq, February 27, 1989 NEW BUSINESS (CONTINIIED)S Consideration of Setting a Public Hearing for a Vacation, SPU #89-01, by WBDH Realty, Northtown Nissan, for March 20, 1989 ...... 9- 9 D Paqe � Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs - Thereof: Street Improvement Project No. ST. 1989-2 . . . . . . . . . . . . . . . . . 10 - 10 A Consideration of a Resolution Ordering Improvement and Final Plans and Specifications and Estimates of Costs Thereof: Street Improvement Project No. ST. 1989-2, Addendum No. 1......... 11 - 11 A Consideration of a Resolution Ordering Improvement and Approval of Plans and � Ordering Advertisement for Bids: Street I�provement Project No. ST. 1989-1 and ST. 1989-2 . . . . . . . . . . . . . . . . . . . 12 - 12 A Council Meetinq, February 27, 1989 NEN BDSINE88 (CONTINLTED): Paqe 5 Consideration of a Resolution Authorizing Execution of a Loan Agreement with the State of Minnesota for Portable Breath Testing Instruments . . . . . . . . . . . . . . . 13 - 13 A Consideration of a Clean Indoor Air (No Smoking) Policy for the Renovated Municipal Center . . . . . . . . . . . . . . . . 14 - 14 B Appointment: City Employee . . . . . . . . . . . 15 Claims . . . . . . . . . . . . . . . . . . . . . 16 Li�eenses . . . . . . . . . . . . . . . . . . . . 17 Council Meetinq, February 27, 1989 NEA BUSINESS (CONTINtTED): Estimates . . . . . . . . . . . . . . . . . . . . 18 - 18 A Consideration of Change Orders for the Municipal Center Renovation Project; A: Approving Change Orders 1-3, B: Approving Change Order No. 5, C: Approving Change Order Eliminating Sales Tax . . . . . . . . . . . . . . . . . . . . 19 - 19 A Adjourn: r Paqe 6 THE MINIITES OF THE REGIILAR MEl3TING OF THE FRIDLEY CITY COONCIL OF FEBRIIARY 13, 1989 The Regular Meeting of the Fridley City Council was called to order at 7:40 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, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None APPROVAL OF MINUTES: SPECIAL COUNCIL MEETING, JANUARY 18. 1989: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgensan. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING. JANUARY 23, 1989: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following item was added to the agenda: (31) Consideration of Awarding Contract for the Millwork for the Civic Center Remodeling to Country Cabinets, Inc. MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Roger Blohm, North Suburban Consumers Advocate for the Handicapped, requested assistance from the residents of Fridley in contacting businesses in the City to determine if they are accessible to the handicapped. He stated this information would then be compiled in a booklet�to show which places in Fridley are accessible to the handicapped. He stated the booklet, "Access to FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 1989 PAGE 2 Friendly Fridley" was printed in 1983, but does need to be updated. Mr. Blohm stated for those persons who can assist in this effort, there will be a training session held on Thursday, February 16 from 3 to 5 p.m. and again at 7 to 8:45 p.m. at the Fridley Library, 410 Mississippi Street. He stated for those who desired further information they could contact Steve Barg at the City of Fridley, the Islands of Peace Office, Jesse Ellingsworth, Executive Director of the North Suburban Consumers Advocate for the Handicapped, or himself. Councilman Billings stated it may be helpful for Mr. Blohm to explain what information is contained in this booklet. Mr. Blohm stated the booklet contains the names of businesses and hospitals that are handicapped accessible. He stated this would mean there are the proper curb cuts and door widths to accommodate persons in wheelchairs. He stated the cities of Bloomington and Richfield now have such a booklet and this would set a trend for the northern suburbs. Mayor Nee thanked Mr. Blohm for his presentation and felt this booklet had considerable demand over the years. He stated if residents could give a few hours of their time to assist in this effort, it would be greatly appreciated. PUBLIC HEARINGS: 1. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT NO. ST. 1989-2 ADDENDUM NO. 1(COMMERCE LANE - 73RD AVENUE TO OSBORNE ROAD): MOTION by Councilman Fitzpatrick to waive the readinq of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:51 p.m. � Mr. Flora, Public Works Director, stated Commerce Lane from 73rd Avenue to Osborne Road will require major reconstruction. He stated this street serves an industrial area which generates a considerable amount of heavy truck traffic. Mr. Flora stated due to this traffic and poor soil conditions under the roadway, the street requires extensive maintenance just to keep it in a minimal service condition. He stated Commerce Lane was originally constructed in 1966 at a cost of $29,365.58 and assessed at a rate of $7.46 per foot. Mr. Flora stated soil borings were taken and it was found that the water table was about three feet below the surface with large pockets of silty sand. He stated it is proposed to increase the width of the street from 39 to 44 feet, install concrete curb and gutter, storm sewer improvements, and increase the strength from FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 1989 PAGE 3 a 9 ton to an 11 ton design. Mr. Flora stated letters were sent in November to the businesses located on this street informing them of the plan for this improvement and requestinq their input. He stated the estimated cost for the starm sewer improvement is $56,000 and $397,000 for the roadway improvement. He stated the Council has approved the concept of sharing in the cost of this improvement by paying one- third of the cost and the other two-thirds assessed against the abutting properties. Mayor Nee clarified that these costs are only estimates and would not be firm until after the project is bid. Mr. Flora stated if this project is approved, it is hoped it can be done this spring and the street would not be closed to any truck traffic during the construction period. Ms. Podany, owner of Allied Aluminum, asked why sidewalks would be incZuded in this project. Mr. Flora stated the form used to notify owners of improvements does include reference to sidewalks. He stated this is a standard form, however, this project would not include any sidewalks. He stated the improvement is only for the roadway and storm sewer. Ms. Podany verified that two-thirds of the cost would be paid by the City and asked how the assessment to the property owner was to be paid. Ms. Podany was advised the assessment was spread over a ten year period. Mr. Jim Naughton, representing Larsen Manufacturing, asked who would benefit by the storm sewer improvement. Mr. Flora stated the storm sewer improvement would be done so property in the northwest quadrant of Osborne Road and Main Street can be developed in the future. He stated this is a separate cost from the cost for the street improvement. Mr. Naughton asked if the street would be accessible to truck traffic during the construction period as he stated they have semi- trucks delivering steel and they cannot drive on sand. Mr. Flora stated one side of the street would be open to traffic. Mr. Naughton asked how long the project would take before completion. Mr. Flora stated it should not be longer than a month. Mr. Naughton asked at what rate of interest they would be assessed for this improvement. Mr. Pribyl, Finance Director, stated the interest rates have been between 8-3/4 to 9�. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 1989 PAGE 4 Mr. Gary Benson, Tax Specialist representing Pillsbury, stated their opposition to the street improvement. He stated they have a concern about ingress and egress to their property during this improvement period. He stated they are not in a position to stockpile materials and they need to be able to receive deliveries and ship the finished product. Mr. Benson stated it seems the storm sewer improvement is needed under Osborne Road and there was concern they would be paying for some future development and not receiving any benefit. He felt, however, Mr. Flora had clarified the storm sewer would be a separate cost from the street improvement. Mr. Benson stated in the original notice, there was mention of sidewalks and they felt this would be a nuisance. He stated, however, this item has been cleared and they understand there would be no sidewalks included in the project. Mr. John Gariano, Plant Manager for Pillsbury, stated he supports the fact that they need to keep the plant open as it would cost them about $25,000 a day, if it had to shut down. He stated he wished to stress they needed to keep the access open. Mr. Benson stated Pillsbury understands the need for the improvement, but is concerned as to the financial burden and hoped the estimates have been high. He stated profits are very small in the pizza business and if they have to shut the plant, it would be a hardship. He felt they need some guarantee the access would remain open at all times during construction and would be happy to work with the City in any way. Councilwoman Jorgenson stated the major reason for rebuilding this street is that it cannot accommodate all the heavy traffic. She stated the road is deteriorating and the reconstruction will be less costly than trying to make improvements every spring. Councilman Schneider asked Mr. Benson if the City keeps one-half of the road open during construction, if it alleviates their problem with this project. Mr. Benson stated that is part of the concern, but from the financial standpoint, he felt their truck traffic comes basically from the south part of Commerce Lane, where there is not silty sand, and they are not having that much of a problem with this portion of the road. He stated they are looking at the financial burden and questioned if it is prudent to proceed with the project at this time. He stated if the improvement solves the problem it is fine, but did not want to have to go through the same thing in another ten years. Mayor Nee stated where this type of improvement has been done in �'RIDLEY CITY COUNGIL MEETING OF FEBRUARY 13, 1989 PAGE 5 the past, it�has worked. No other persons in the audience spoke regarding this proposed improvement. . MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:18 p.m. 2. PUBLIC HEARING ON YARD WASTE ORDINANCE AMENDMENT: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:18 p.m. Ms. Lisa Campbell, Planning Assistant, stated this hearing is in regard to a proposed yard waste ordinance which would require seasonal curbside collection of yard waste for eight weeks during the spring and eight weeks during the fall. She stated there is also a friendly amendment which would require continuous pick-up throughout the yard waste season. Ms. Campbell stated in 1988, the Minnesota Legislature amended the Waste Management Act of 1980 to prohibit dumping of yard waste at landfills in the State. She stated in response to this mandate, which goes into effect in 1990, many cities have amended their licensing requirements to include seasonal pick-up of yard waste. Councilman Schneider asked if staff knew what action other cities were planning. Ms. Campbell stated Ramsey has a pilot project for wood and brush and anticipates having organized collection in 1990 which would include curbside yard waste collection in the licensing contracts. She stated Coon Rapids is just beginning their recycling program. Councilman Schneider questioned the need for the ordinance. He stated he is not sure what would be accomplished by adopting the ordinance. He felt whether or not they adopt the ordinance, the matter of yard waste would have to be handled by refuse haulers in 1990. Ms. Campbell stated this would be the Council's decision if they desire to adopt the ordinance. She stated if the ordinance is adopted, it would give refuse haulers time to implement programs before the 1990 ban and for the City to educate residents of the legal and appropriate ways to disperse of yard waste. Mayor Nee stated it would place the same burden on all refuse �'RIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE 6 haulers and provide uniformity. Councilwoman Jorgenson asked if the City was being required by any other agency to pass such an ordinance. Ms. Campbell stated Anoka County has indicated that the cities within the County are responsible for curbside collection of recyclables and yard waste. Mr. Hendersan, Blaine Waste Management, stated he has been very supportive of composting of yard waste. He stated at a meeting of the County Yard Waste 5ubcommittee on February 7, it was not clear if haulers would be able to take these materials to the facility at Bunker Hills. He stated there was discussion regarding a fee for deposit of the materials and the possibility materials cannot be brought in that are not de-bagged. He stated if haulers cannot dispose of materials that are not de-bagged, it would be very difficult. He stated suggestions were made to the Subcommittee which included the use of a standardized container. He stated the Yard Waste Subcommittee was to study the matter further. Mr. Henderson stated the refuse haulers were in support of this proposed ordinance until this meeting of the Yard Waste Subcommittee and a lot of the haulers were in fear of the whole program. He stated if there is not a facility where they can haul this yard waste, they could not comply with the ordinance. He felt the adoption of the ordinance may be a little premature. Councilwoman Jorgenson questioned if a fee was charged for dumping the yard waste if this was the problem. She stated the fee they now pay at the landfill is more than what they probably would be charged to deposit the yard waste. Mr. Henderson stated the real issue is if they would be required to de-bag the materials. Mayor Nee asked Mr. Henderson his feelings regarding collection from April to November, rather than just spring and fall. Mr. Henderson stated it would not be very economical to collect from April to November. � Mr. Saba, Larry's Sanitation, stated he would agree with Mr. Henderson's comments. He•stated at this time it is not feasible to collect yard waste unless there is a facility where you can deposit it. � Councilman Schneider asked if the City did not have an ordinance, if the haulers would provide the service to pick-up yard waste. Both Mr. Saba and Mr. Henderson stated he would provide this FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 1989 PAGE 7 service. Mr. Saba stated it would be good to use a biodegradable bag for the yard waste. He felt after 1990, residents will be paying higher fees for refuse service. Councilwoman Jorgenson stated it will be cheaper for haulers to deposit this yard waste at a compost site rather than a landfill. Mr. Saba stated costs would probably start out lower, but they would increase in time. He felt the State is passing legislation, without having a solution to the problem. Councilwoman Jorgenson stated the big issue is to get everyone involved in recycling and reduce the amount of dumping at the landfills. She questioned if haulers would be giving a discount to those who do not have as much garbage. Mr. Saba stated it would probably depend on the hauler. He felt customers should pay for the amount of garbage they generate and if they only have one can per week, they should pay accordingly. Mr. Plessel, Pretzel Sanitation, felt haulers should be collecting yard waste. He stated as far as cost, another truck and person would be needed and these increased costs would have to be passed on to the consumer. He stated he would agree that if you recycle and have less garbage, your fee should be less. Mr. Plessel stated he would begin collecting yard waste in April and continue into November. He stated he hoped a solution can be reached whether or not the yard waste has to be de-bagged. Mr. Plessel stated he did not know if adopting this ordinance would be beneficial, but it would let residents know what can and cannot be done. Councilwoman Jorgenson asked if anyone knew the cost for biodegradable bags. Mr. Saba stated he thought they were about 30 cents per bag. Ms. Campbell suggested the Council postpone action on this ordinance until the County resolves their problems. No other persons in the audience spoke regarding this proposed ordinance. Mayor Nee thanked the refuse haulers for their input and stated he appreciated their assistance to the City. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting �,RIDLEY CITY COUNCIL MEETSNG OF FEBRUARY 13, 1989 PAGE 8 aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:58 p.m. 3. PUBLIC HEARING ON COMMi7NITY DEVELOPMENT BLOCK GRANT PROGRAMS: AND CONSIDERATION TO APPROVE 1989 COMMUNITY DEVEIAPMENT BLOCK GRANT PROGRAMS• MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:59 p.m. Ms. Campbell, Planning Assistant, stated there was a person present to communicate with the hearing impaired if this was necessary. Ms. Campbell stated this hearing is in regard to the allocation of 1989 Community Development Block Grant funds. She stated the County has revised the 1989 allocation to $109,899. Ms. Campbell stated the distribution of these funds is proposed as follows: $69,236 for the Riverview Heights project; $34,068 for human services; and $6,595 for commercial rehabilitation. No persons in the audience spoke regarding the allocation of these Community Development Block Grant funds. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:05 p.m. MOTION by Councilman Fitzpatrick to approve the allocation of the 1989 Community Development Block Grant funds as follows: $69,236 to the Riverview Heights project; $34,068 for human services; and $6,595 for commercial rehabilitation. Seconded by Councilman Schneider. Upon a voice vote, Councilman Fitzpatrick, Councilman Schneider, Councilman Billings and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson abstained from voting. Mayor Nee declared the motion carried. 4. PUBLIC HEARING ON A REZONING, ZOA #88-04. BY COMMUNITY DEVELOPMENT CORPORATION FOR THE ARCHDIOCESE OF MYNNEAPOLIS AND ST. PAUL, PER SECTION 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, BLACK 2. NORWOOD ADDITION TO FRIDLEY PARK GENERALLY LOCATED EAST OF ST. WILLIAM'S CHURCH• MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE 9 Nee declared the motion carried unanimously and the public hearing opened at 9:06 p.m. Ms. Dacy, Planning Coordinator, stated this is a request to rezone property adjacent to St. William's Church from R-2 and C-3 to R-3 for a senior housing project. She stated the Planning Commission considered the rezoning application and recommended approval. Ms. Dacy stated the lot and structure requirements in the R-3 district are more restrictive than the setbacks in the R-2. She stated the required setbacks maintain a 35 foot yard area along 5th Street and a 15 foot yard area adjacent to the existing duplexes to the north. Ms. Dacy stated this housing project will consist of 70 units, 50 one bedroom units and 20 two bedroom units. She stated common areas will be provided, including laundry rooms, storage closets, lobby, a dining/multi-purpose room, and a workshop and lounge. Ms. Dacy stated the building is H-shaped and exterior materials are masonry, rock face block, aluminum and stucco. She stated adequate parking has been provided. Ms. Dacy stated the petitioner, Community Development Corporation, wanted to finalize their plans and apply to the HRA for funding. She stated it was necessary to obtain an easement from the church which would guarantee there would not be any buildings within the easement in order to meet the R-3 district requirements. Ms. Dorie Meade, Housing Resources Corporation, stated they are providing technical services to the Community Development Corporation for the Archdiocese of Minneapolis and St. Paul. She introduced Mr. Steve Ludovissie, Director of Housing and Management for Community Development Corporation, the management arm for the Archdiocese, and Mr. John Culligan, Architect from Boarman and Associates. � Ms. Meade stated the need for this project was first identified by St. William's Church which established an elderly housing task force. She stated St. William's agreed to make the site available and an independent market study was conducted to determine the need for the project. . Ms. Meade stated Community Development Corporation agrees with the market study and feels this is an excellent site for senior housing. She stated the name Norwood Square was selected as this housing will be located in the City's Norwood Addition. Ms. Meade stated Norwood Square will have a full-time manager on site and a personal security system included in each apartment. She stated pull'cords will be located in each bath and bedroom for residents to call for emergency help. FRIDLEY CIT COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE 10 Ms. Meade stated Community Development Corporation plans to take all the necessary steps to meet the range for rents recommended in the independent market study. She stated, hopefully, rents will start at $500 per month for a one bedroom unit and between $750 to $800 per month for a two bedroom unit. Mr. Ludovissie stated Community Development Corporation was established in 1974 and is a non-profit organization created for the purpose of serving needs of low and moderate income families. He stated they concentrate on the needs of residents in all the buildings they manage. Councilwoman Jorgenson asked the size of the apartments. Mr. Culligan, Boarman and Associates, stated the one bedroom units will be about 608 square feet, but could vary up to 650 square feet. He stated the building is three-stories, wood construction, with underground parking. He stated the driveway entrance is on the east to a central drop-off area which is handicapped accessible to the main lobby. Mr. Culligan stated in addition to the H-shape of the building, there is a hip roof to scale it down and minimize the height fronting on the street. He stated three different types of material will be used for the exterior including rock-faced block, aluminum siding, and stucco. Mr. Culligan stated they have worked with the City staff to develop a landscaping plan that will enhance the building and character of the neighborhood. He stated Norway Maples will be planted along 5th Street and crab trees planted around the parking lot. He stated there would be a four foot hedge between the parking lot and street. He stated eight foot evergreens would be planted to the north along the entire property line. Mr. Culligan stated they are proud of the project they have developed and hoped the citizens of Fridley will also be proud of it. Some questions from the audience included the size of the bedrooms, type of heating, laundry facilities, entrances, and rents. Mr. Culligan stated the bedrooms are about 12 feet wide by 15 feet long. He stated the.entire unit is about 24 feet wide. He stated the heating is hot water baseboard and individual window units will be provided for air conditioning. He stated there are laundry facilities on each floor and one main entrance, but exits on each wing for fire purposes. He stated the square footage for the two bedroom unit is between 800 to 1,000 and rents would be from $750 to $800 per month. Ms. Meade stated rents have not been firmly established because the financing has not yet been arranged. She stated, hopefully, they will be between $500 to $800 per month depending on the unit. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 1989 PAGE 11 Councilwoman Jorgenson stated underground parking would not be available for all residents and asked how it would be determined who would receive these parking spaces. Mr. Ludovissie stated a lot of time senior citizens do not drive and do not have vehicles. He stated probably only 50 to 60 percent would have vehicles and the z;�ajority of tenants could be served with underground parking. Councilwoman Jorgenson asked .if there would k�e an additional charge for underground parking. Ms. Meade stated there would be a charge and the rate is about $40 per month. Mr. Ron Nienaber, 6251 5th Street, stated he is appalled with the building materials proposed for this project. He stated what is proposed is an industrial building material and aluminum is cheap. He stated it appears they are building as cheaply as possible, but the rents are high. He also stated central air conditioning is more energy efficient. He stated the units would still have their individual controls as they do with the heating. Mr. Nienaber stated he is not necessary opposed to senior housing across the street from his residence, but would like to have a nicer building. Ms. Dacy stated the HRA would address this issue of exterior materials if they apply for financial assistance. Mr. Nienaber stated if this property is rezoned, technically, any apartment building could be constructed and not necessarily senior housing. Ms. Dacy stated the procedure is established so that action would be taken on the lot split and special use permit requests before the final reading of the ordinance for this rezoning. She stated restrictive covenants would be filed with the special use permit that the building would be used only for senior housing. Mr. Maertens, 144 Rivers Edge Way, stated he is the owner of a duplex immediately to the north of this property. He stated he is opposed to the exterior materia2s to be used as he felt they did not belong in a residential neighborhoad. Ms. Meade stated there seems to be a misunderstanding as far as the aluminum siding. She stated it is very unusual for residential dwellings to be constructed with wood siding because of the constant maintenance. She �elt the building would be very attractive and a combination of materials will make it appear more residential in nature. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE 12 Councilman Schneider stated Fridley has a tradition of requiring brick or brick surfaces on buildings. Ms. Meade stated it is something they could consider, but felt brick would make it look more institutional. A gentleman in the audience commented that this was the nicest looking apartment building he has seen proposed for Fridley. No other persons in the audience spoke regarding this proposed rezoning request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:55 p.m. OLD BUSINESS• 5. CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-15, BY COMMUNITY DEVELOPMENT CORPORATION FOR THE ARCHDIOCESE OF MINNEAPOLIS AND ST. PAUL PER SECTION 205.09.O1.C.7 OF THE FRIDLEY CITY CODE TO ALLOW HOME FOR THE ELDERLY ON LOTS 1 THROUGH 16 BLOCK 1 AND LOTS 1 AND 30 BLOCK 2 NORWOOD ADDITION TO FRIDLEY PARK GENERALLY LOCATED EAST OF ST. WILLIAM'S CHURCH: Mayor Nee stated the question of the exterior materials to be used on this building was discussed in conjunction with the rezoning. He felt the stipulations for the type of exterior construction would probably be part of this special use permit. Mr. Herrick, City Attorney, felt it would be premature to take action on the special use permit this evening if there is not agreement on the exterior materials. Councilwoman Jorgenson felt the issue of the exterior materials to be used in construction has to be addressed. MOTION by Councilwoman Jorgenson to table this item until staff and Community Development Corporation discuss the exterior materials and submit recommendations to the Council. Secanded by Councilman Schneider. Upon a voice vote, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. 6. CONSIDERATION OF A LOT SPLIT. L.S. #88-05. BY COMMLJNITY 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 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE 13 ADDITION TO FRIDLEY PARK, TOGETHER WITH VACATED ALLEYS - THE SITE TOTALS 121.500 S4UARE FEET AND IS GENERALLY LOCATED EAST OF ST. WILLIAM'S CHURCH ABUTTING 5TH STREET N.E.: Ms. Dacy, Planning Coordinator, stated this 1ot split is to divide the St. William's Church property into two lots, one would contain existing buildings and the second lot would contain a proposed senior housing project. She stated an easement should be recorded in conjunction with the recording of the lot split to prohibit additional building construction within it. Ms. Dacy stated the Planning Commission recommended approval of the lot split with three conditions which she outlined. Mr. Herrick, City Attorney, asked if the easement is for open space or can it be used for parking. Ms. Dacy stated building construction would be prohibited in this easement, but the petitioner needs to submit a storm water management plan and it may be necessary to create a pond within the easement area. Mr. Herrick stated there should probably be a broader explanation as to the use of the easement and if certain recreational activities would be allowed. Ms. Mead stated in the easement area, there is some parking and St. William's is going through some changes at the church and trying to maintain some flexibility for themselves. She stated their intent was no structures of any sort would be constructed in this area, but did not know if it would be available for recreational uses. MOTION by Councilman Billings to approve lot split, L.S. #88-05 with the following stipulations: (1) submission of an easement agreement to be reviewed and approved by the City Attorney's Office addressing the following issues: (a) proper legal description of the easement; (bj 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; and (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; and (4) this approval is subject to approval of rezoning request, ZOA #8$-04 as filed by Community Development Corporation. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE 14 A recess was�called by Mayor Nee at 10:03 p.m. RECONVENED• Mayor Nee reconvened the meeting at 10:18 p.m. All Council members were present. �TEW BUSINESS: 7. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIE5 FOR THE MAYOR AND COUNCIL MEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY• MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF SETTING A PUBLIC HEARING FOR MARCH 6 1989 FOR THE PROPOSED AMENDMENT TO SECTION 4.06 OF THE FRIDLEY CITY CHARTER• MOTION by Councilman Fitzpatrick to set the public hearing on this proposed amendment for March 6, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF APPROVAL OF A DEVELOPMENT AGREEMENT WITH NORTHCO BUSINESS PARK: AND RESOLUTION NO. 14-1989 APPROVING A FINAL PLAT ` P.S. #88-02. �IORTHCO BUSINESS PARK: Ms. Dacy, Planning Coordinator, stated this development agreement includes the special conditions regarding tree preservation, landscaping, driveway limitations and architectural guidelines, as well as provisions necessary to complete the improvements to serve the plat. She stated the City Attorney's office has reviewed the document and it is requested Council consider approval at this time. Mayor Nee asked about the window treatment language. Ms. Dacy stated this was proposed by the developer. Mr. Bruce Carlson stated this was inserted as a guideline for design and they voluntarily prepared the guidelines. Mr. Herrick, City Attorney, stated his office has reviewed the development agreement and made a few suggestions which were FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13 1989 PAGE 15 incorporated. He stated before the agreement is executed, someone from staff should review the legal description of the easements to make sure they are accurate. MOTION by Councilman Billings to approve the development agreement with the Fridley Business Center Partnership for Northco Business Park. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings, Councilman Fitzpatrick, Councilwoman Jorgenson and Mayor Nee voted in favor of the motion. Councilman Schneider abstained from voting. Mayor Nee declared the motion carried. MOTION by Councilman Billings to adopt Resolution No. 14-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings, Councilman Fitzpatrick, Councilwoman Jorgenson and Mayor Nee voted in favor of the motion. Councilman Schneider abstained from voting. Mayor Nee declared the motion carried. 10. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 25, 1989• A. CONSIDERATION OF A FINAL PLAT. P.S. #88-03. GLACIER PARK COMPANY ADDITION BEING A REPLAT OF THAT PORTION OF LOT 3. AUDITOR'S SUBDIVISION NO. 79, GENERALLY LOCATED AT 5510 MAIN STREET N.E., BY API SUPPLY COMPANY• MOTION by Councilman Fitzpatrick to set the public hearing for February 27, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF A LOT SPLIT. L.S. #88-07, TO CREATE A SEPARATE PARCEL FROM AUDITOR'S SUBDIVISION NO. 94 TO BE DESCRIBED AS THE SOUTH 140.00 FEET OF THE WEST 150.00 FEET OF LOT 7 SUBDIVISION OF LOT 10 EXCEPT THE WEST 75.00 FEET THEREOF, GENERALLY LOCATED AT 1300 SKYWOOD COURT N.E.. BY WILLIAM SHIELDS: Ms. Dacy, Planning Coordinator, stated the purpose of the lot split is to create a parcel suitable for construction of a single family home. She stated in 1964, Mr. Shields requested a lot split, which was approved by the Council, to split property into three parcels. She stated one of these parcels is the lot split being requested at this time. She stated the reason Mr. Shields is again requesting the lot split is because the lot split was never recorded at the County. Ms. Dacy stated after this lot split was before the Planning Commission, it was found that corner lots require an 80 foot width, rather than 75 feet. She stated since this parcel only has a width of 75 feet, it would be necessary for the Council to also grant a �RIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE 16 variance of the lot width, if this lot split is approved. She stated staff has no objection to the variance as this lot split was previously approved by the Council. Ms. Dacy stated the Planning Commission has recommended approval of the lot split with three stipulations which she outlined. Councilman Billings stated he is concerned with the fact that if the lot split is approved, it would create a sub-standard lot. He stated he realizes it was previously approved, but if this would set of precedent with persons not recording lot splits. He felt he would like additional time to consider it. MOTION by Councilman Billings to table this lot split request and direct staff to contact the petitioner as to his plans for this lot. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously MOTION by Councilman Schneider to receive the minutes of the Planning Commission meeting of January 25, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVING THE MINUTES OF THE SPECIAL PLANNING COMMISSION MEETING OF FEBRUARY l, 1989: MOTION by Councilman Fitzpatrick to receive the minutes of the special Planning Commission meeting of February 1, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously 12. CONSIDERATION OF CHANGE ORDER NO. 4 FOR THE FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189: Mr. Flora, Public Works Director, stated when the roof of the Civic Center was removed, it was found that the masonry piers along the south side of the building were not constructed as designed. He stated the supporting piers lack the necessary steel to support the new colonnade structure. He stated this change order and addition to the project would allow for the design and construction of replacement piers for the colonnade system at an estimated cost of $30,700. MOTION by Councilman Schneider to authorize Change Order No. 4 for the Fridley Municipal Center Project No. 189 in the amount oF $30,700. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVING PETITION NO. 1-1989 FROM THE DEPARTMENT OF THE NAVY RE4UESTING A STOP SIGN AT 51ST WAY: AND FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE 17 CONSIDE`RATION OF INSTALLING A STOP SIGN AT 51ST WAY: MOTION by Councilman Fitzpatrick to receive Petition No. 1-1989. 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 installation of a stop sign at 51st Way. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVING PETITION NO. 2-1989 FROM THE RESIDENTS ALONG EAST RIVER ROAD AND HARTMAN CIRCLE RE4UESTING ROADWAY IMPROVEMENTS: AND RESOLUTION NO. 15-1989 TO THE ANOKA COUNTY HIGHWAY DEPARTMENT REGARDING THE INTERSECTION OF HARTMAN CIRCLE AND EAST RIVER ROAD• Councilman Fitzpatrick stated he and Commissioner McCarron attended a meeting with residents on Hartman Circle in regard to roadway improvements. He stated they wanted a right turn lane onto Hartman Circle, an exit lane from Hartman Circle, and an approach grade from Hartman Circle to East River Road. He stated Commissioner McCarron agreed to bring this request to the attention of the County Highway Department. He stated it would be appropriate to submit this resolution to the County since the petition was addressed both to the City and County. MOTION by Councilman Fitzpatrick to receive Petition No. 2-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to adopt Resolution No. 15-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RECEIVING PETITION NO. 3-1989 RE4UESTING IMPROVEMENTS IN SUPP�RT OF THE NORTHCO PLAT: AND RESOLUTION NO. 16-1989 ORDERING PRELIMINARY PLANS. SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: WATER, SANITARY SEWER, AND STORM SEWER PROJECT NO. 188 lNORTHCO BUSINESS PARK ON 73RD AVENUE): MOTION by Councilman Billings to receive Petition No. 3-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to adopt Resolution No. 16-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRZDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 1989 PAGE 18 16. RESOLUTION NO. 17-1989 RECEIVING PRELIMINARY REPORT AND RECEIVING PETITIONS AND WAIVING THE PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: WATER SANITARY SEWER AND STORM SEWER PROJECT N0. 188: MOTION by Councilman Billings to adopt Resolution No. 17-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 18-1989 ORDERING PRELIMINARY PLANS� SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST. 1989-1 jNORTHCO DRIVE): MOTION by Councilman Billings to adopt Resolution No. 18-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 19-1989 RECEIVING PRELIMINARY REPORT AND PETITION TO WAIVE THE PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT NO. ST. 1989-1 (NORTHCO DRIVEI: MOTION by Councilman Billings to adopt Resolution No. 19-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. �,2ESOLUTION NO. 20-1989 RECEIVING PRELIMINARY REPORT AND RECEIVING PETITIONS TO WAIVE A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT NO. ST. 1989-2 (UNIVERSITY AVENUE WEST SERVICE DRIVE. 83RD AVENUE TO NORTH 500'): MOTION by Councilman Fitzpatrick to adopt Resolution No. 20-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. RESOLUTION NO. 21-1989 TO ENTER INTO A CONTRACT WITH SUMEK ASSOCIATES INC FOR LONG RANGE PLANS AND GOALS FOR THE CITY OF FRIDLEY• MOTION by Councilman Schneider to adopt Resolution No. 21-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. CONSIDERATION OF AWARDING BIDS FOR THE MUNYCIPAL CENTER �ECHNICAL SYSTEM: Mr. Hunt, Assistant to the City Manager, stated seven requests for proposals were sent out and there was only one company who bid according to the specifications. He stated the bid was received from Electrosonic Interiors in St. Paul. Mr. Hunt stated the base FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 2989 PAGE 19 bid was $107,128.49 and there were several options. He stated the options were for a Kodak video transfer system, Nytone video transfer system, and studio cameras. Mr. Hunt stated it is the recommendation of the City's consultant, Marlo Johanson of Electronic Interiors that the Council award the base bid along with the option for the two studio cameras for a total of $124,238.47. He stated if the Council desired an A/B switch, the estimated cost is $5,479. Councilman Schneider asked the original estimate for this equipment. Mr. Hunt stated for the base bid, it was estimated about $112,000. He stated it was felt the City could obtain the equipment included in the base bid with two cameras for about $115,000, but the cost is actually about 9 percent over this amount. Mr. Hunt stated in regard to the video transfer systems, it is a matter of quality of the image. He stated the less expensive would project a good image, however, with the most expensive there would be a noticeable difference in quality. Mayor Nee asked if staff knew why only one bid was received. Mr. Hunt stated there was interest shown by several firms, however, only one actual bid was received that complied with the bid specifications. Councilman Billings asked Mr. King of Electrosonic if there was anything unusual in the bid specifications. Mr. King stated there was very little custom work involved. � Mayor Nee asked how the studio cameras would compare with Nortel's cameras. Mr. King stated the consultant, Mr. Johanson, would have to answer this question. Councilwoman Jorgenson asked if any part of this system was made in the United States. Mr. King stated the remote control equipment, microphones, and a few custom items are made in the United States, probably about 25 percent of the total items. Mr. Herrick, City Attorney, questioned the warranty and maintenance. Mr. Hunt stated the warranty is for one year and at the end of this time, the equipment would be checked by the City's consultant. He FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 1989 PAGE 20 etated at that time, the City could enter into a maintenance agreement if the Council felt it was appropriate. Mr. King stated Electrosonics was founded in England and has had headquarters in Minneapolis for the last 15 years. He stated they are nationwide and he covers the Midwest area. He stated they have had experience with technical systems for corporation board rooms and training facilities. He stated their company has completed work for Disney, the Smithsonian Institute, and Kennedy Space Center. He stated locally they did the audio and control portion of the City of Minnetonka's Council Chambers, some work for Burlington Northern, and the video wall for Dayton's. Mr. King stated this project for the City would be considered a small to medium job. He stated last year they had two $1,000,000 projects proceeding at one time. Councilman Schneider asked Mr. King if he has worked with the City's consultant, Marlo Johanson. Mr. King stated he has worked with Mr. Johanson in the past and is familiar with his work. Mr. Hunt stated he asked the consultant about the quality of Electrosonic's work and he stated there was no question that they were a qualified bidder. MOTION by Councilman Schneider to receive the following bid for the Municipal Center Technical System: Mr. Richard King Electrosonic 6505 City We'�t Parkway Minneapolis, MN 55344 Base Bid: $107,138.49 Kodak VTS: 5,188.31 Nytone VTS: 9,715.91 Camera: 8,549.99 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated he was disappointed that more bids were not received, however, this would not be a guarantee they would have been lower. MOTION by Councilman Fitzpatrick to award the base bid for the Municipal Center Technical System to Electrosonic in the amount of $107,138.49. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to purchase the Kodak VTS system for $5,188.31 from Electrosonic. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �RIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 1989 PAGE 21 MOTION by Councilman Schneider to purchase two studio cameras from Electrosonic at a cost of $8,549.99 each. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to initiate a change order to purchase the A/B switch for the technical system at a cost not to exceed $5,479. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. CONSIDERATION OF AWARDING THE TELEPHONE SYSTEM BIDS FOR THE MUNICIPAL CENTER: Mr. Pribyl, Finance Director, stated six bids were received for the telephone system for the Municipal Center. He stated the consultant reviewed the bids for compliance with the specifications and it was found that only two vendors fully complied with these specifications. He stated these two vendors are GTE and TeleComm North. MOTION by Councilman Schneider to receive the following bids for the telephone system: AT & T VI COMM $76,508.08 58,075.00 BELL SOUTH COMMUNICATIONS 72,751.00 GTE TELECOMM NORTH NEC 66,548.00 70,290.00 73,781.38 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Pribyl stated one of the concerns was to basically make the system easy to use. •He stated this particular system is software driven. Councilman Billings stated one of his concerns is that communication is one of the most important aspects of City government. He stated he would feel more comfortable if staff had an opportunity to use the phone system and discuss the operation with others who may have the same system. He stated he was concerned with the feel of the handset and the sound. Mr. Doug Ruth, the City's consultant, stated he would recommend FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE 22 this be done, if the Council feels more comfortable with this approach. He stated the handset is a personal opinion. He stated as far as the speaker phone, TeleComm North has a much better quality, but as far as functioning, both GTE and TeleComm North are about the same. Mr. Ruth stated if there is a power failure, the TeleComm North system automatically retains all the programs. He stated there are 12 phones for emergency purposes should there be a power failure. He stated the option for a battery backup has not been recommended as the cost would be about $3,000 to $4,000. He stated the City does not have this feature now on the present phone system. Mr. Aldrich, Fire Chief, stated there is emergency power available at the Civic Center which would be used for the phone system if it was needed. Mr. Ruth stated the needs of the City for the next ten years was considered in evaluating the phone system. He stated the phones are fully digital and ISDN compatible. MOTION by Councilman Schneider to award the bid for the telephone system for the Municipal Center to GTE for $66,548. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. CONSIDERATION OF RECEIVING AND AWARDING BIDS FOR THE RECREATION SHOWMOBILE�PORTABLE STAGE UNIT: MOTION by Councilman Fitzpatrick to receive the following bids for the Recreation Showmobile/Portable Stage Unit: Wenger CorporatiQn 555 Park Drive P. O. Box 448 Owatonna, MN 55060 Century Industries P. O. Box U Sellersberg, IN 471•72 $54,279.00 $55,829.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Kirk, Parks and Recreation Director, stated these bids were opened on February 2 and two bids were received, one from Century Industries and the other from Wenger Corporation. He stated $70,000 had been budgeted for this showmobile. Mr. Kirk stated staff would recommend the low bid from Wenger FRZDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE 23 Corporation of $54,279 be accepted. MOTION by Councilman Schneider to award the bid for the showmobile/por�tage stage unit to the low bidder, Wenger Corporation in the amount of $54,279. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. RESOLUTION NO. 22-1989 TO ENTER INTO A CONTRACT FOR THE PURCHASE OF LAND FOR THE NORTH SATELLITE FIRE STATION: Mr. Burns, City Manager, stated the City has negotiated a settlement with the property owner for the purchase of land for the satellite fire station. He stated although the purchase price is slightly more than the appraisal, he felt it was fair and warrants consideration. He stated if the City had to proceed with condemnation, the cost would have been much higher. Mr. Herrick, City Attorney, asked if the resolution included any reference to soil conditions and the sale was subject to soil testing. Mr. Aldrich, Fire Chief, stated he did not recall any particular problems in this area with the soil. He stated as a practical matter, the City probably may want to take some soil samples. Mr. Herrick stated the condition regarding soil borings could be included in the purchase agreement. MOTION by Councilman Fitzpatrick to adopt Resolution No. 22-1989, with this sale being contingent on the results of soil borings on this property. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF NOVEMBER 28. 1989: MOTION by Councilman Billings to receive the minutes of the Charter Commission meeting of November 28, 2989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 26. RECEIVING THE MINUTES OF THE CATV ��:"�VISORY COMMISSION MEETING OF JANUARY 19. 1989• MOTION by Councilman Schneider to receise the minutes of the Cable Television Commission meeting of January 19, 1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 1989 PAGE 24 27. �,PPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Schneider to concur with the following appointment by.the City Manager: E�� Robert Small 1501 80th Ave. Brooklyn Park, MN 55444 POSITION Maintenance I (Sewer) Non-exempt STARTING STARTING SALARY DATE REPLACES $9.16 per Feb. hour 1989 $1,587.73 per month 13, Steve Coyle Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 28. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claims No. 24651 through 24948. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 29. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 30. ESTIMATE5• MOTION by Councilman Fitzpatrick to approves the estimates as submitted: Herrick & Newman, P.A. 6401 University Ave. N.E. Fridley, MN 55432 For Services Rendered as City Attorney For the Month of January, 1989 Smith, Juster, Feikema, Malmon & Iiaskvitz 6401 University Ave. N.E. Fridley, MN 55432 For Services Rendered as City Prosecutor For the Month of November, 1988 $ 5,430.50 $ 8,640.00 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13 1989 PAGE 25 C.S. McCrossan, P. O. Box 1240 Maple Grove, MN Inc. 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 9 $10,192.36 Layne Minnesota 3147 California St. N.E. Minneapolis, MN 55418 Repair and Maintenance of Wells No. 6, 8, 11 - Project No. 186 Estimate No. 1 (Well #6) $ 1,000.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 31. CONSIDERATION OF AWARDING BID FOR MILLWORK FOR THE CIVIC CENTER REMODELING: Mr. Flora, Public Works Director, stated the low bidder for this millwork has failed to provide a performance bond, therefore, it is requested the Council consider awarding this contract for the millwork to Country Cabinets, Inc., as recommended by Kraus Anderson. He stated Country Cabinets was the lowest bidder that could provide a performance and payment bond. MOTION by Councilman Schneider to award the contract for the millwork to Country Cabinets, Inc. in the amount of $98,790. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by 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 of February 13, 1989 adjourned at 11:50 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor � ORIGINAL CONTRACT SUM CONTINGENCY CONTRACT SAVINGS CONSTRUCTION MANAGER FEE COUNCIL APPROVAL 8/22/88 REMOVE BOSSARDT CHRISTENSON Remaining Const. Manager Fee Remaining General Expenses Budget ADD KRAUS ANDERSON Construction Mgmt Fee On-Site Supt. 8 Proj. Mgr. General Expenses ADD COUNTRY CABINETS - MILL WORK REMOVE BLOOMBERG ADD V.T. INDUSTRIES - DOORS REMOVE UNIVERSAL SUPPLY RE7�AODELING CONTRACT SUMMARY CITY -------------- -------------- -------------- � CIVIC FIRE CITY CENTER STATION SHARE �2,320,136.00 5247,986.00 32,568,122.00 534,800.00 S9,OOO.OQ 543,800.00 52.3,�3��0 55,982.00 $29,112.40 54,525.64 5,827.93 a60,353.58 -------------- -------------- -------------- � 2,432,592.04 268,795.93 2,701,387.98 (16,357.69) (1.748.38) (�18,106.0� (83,670.88) (8,943.10) (592,613.98) 29,709.48 3,175.48 532,884.96 7,864.28 840.57 58,704.85 83,670.88 8,943.10 592,613.98 91,874.70 6,915.30 598,790.00 (74,692.00) (6,000.00) ($80,692.00) 22,878.39 3,418.61 a26.297.00 (19,822.00) (3,000.00) (522,822.00) HRA TOTAL ----------- -------------- PI.AZA RAMP 5750,878.00 $3,319,000.00 516,200.00 560,000.00 510,767.60 539,880.00 17,646.42 $78,000.00 ----------- -------------- 795,492.02 3,496,880.00 (5,293.93) (�23,400.00) (27,078.85) ($119,692.83) 9,615.04 542,500.00 2,545.15 11,250.00 27,078.85 119,692.83 98,790.00 (580,692.00) 26,297.00 (22,822.00) -------------- -------------- -------------- -------------- - -------------- R EVI ED N 1 S COU L APP C R VA O L12 / 3/ 89 �<`:>::;;:�`# ,;; ;>�;,;:,,::>:<.;;:;. :::::::::;:.;.:.>:;;,,;:.;:.;:`:..,.:�::[:<<<>::::>:`s ;:.;::>:;> ,. ;;;;,;>.>�'�:':::::<::::»::<::<:>::>::<:`,..,;;.: :;;:>;;.:.;::; ; :;:;:::::::€:::::>':::>:::>:::<::>::::::;;<»>,;;;::«::>:: ........ .. �`!�.t}47 �..... .... ��3ST�'�a�.: .. ... �,i4��.7''� ...............8f?��358 �'9. ..... .. .�3�,8D3,00:> . � �'. CHANGE ORDERS ADMIN CHAh1GE ORDERS - PROPOSAL RE�. #� 1 3,740.00 1,836.00 5,576.00 5,576.00 2 1,781.00 1,781.00 1,781.00 These numbers are subject to change. : 3 3,249.00 3,249.00 � 3,249.00 4 0.00 0.00 5 0.00 8,975.00 8,975.00 6 0.00 0.00 7 5,536.00 5,536.00 5,536.00 8 70.00 70.00 70.00 9 760.00 760.00 760.00 10 0.00 0.00 11 0.00 0.00 12 0.00 0.00 13 0.00 0.00 14 1,597.00 1,597.00 1,597.00 15 2,635.00 2,635.00 2,635.00 16 1,413.00 1,413.00 1,413.00 -------------- -------------- -------------- -------------- -------------- 1Q,253.00 12,364.00 22,617.00 8,975.00 31,592.00 ORIGINAL CONTRACTS PLUS - PAYMENTS TO BOSSARDT PLUS - KRAUS ANDERSON PLUS - ON-SITE SUPT. & PROJ. MGR. PLUS - MILL WORK PLUS - DOORS CHANGE ORDERS TOTAL CONTRACTS + C.O.'S TOTAL COM'RACTS + C.O.'S + p.R,'S EXCESS OR (DEFlCIENCI� �D S 2,320,136.00 38,167.94 29,709.48 7,864.28 16,831.14 3,023.25 247,986.00 4,079.56 3,175.48 840.57 1.266.86 451.75 2,568,122.00 42,247.50 32.884.96 8,704.85 18,098.00 3,475.00 1 2 3 4 30�700.00 30�700.00 -------------- -------------- -------------- 2.446,432.09 257,800.22 2,704,232.31 -------------- -------------- -------------- 17.36211 2.233. 29 19,595.40 750,878.00 12,352.50 9,615.04 2,545.15 -------------- 775,390.69 17.99260 3,319,000.00 54,600.00 42,500.00 11,250.00 18,098.00 3,475.00 30.700.00 -------------- 3,479,623.00 :::>:: �'��;�:1'E:�� 5>t�!; 37.588.00 � � G7YOF FRlDLEY DATE: TO: FROM: SUBJECT: C�1IIIMUNII�Y DEVELOPMENT' DEPARTMENT MEMORANDUM February 23, 1989 �f' � ' William Burns, City Manager �. Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Public Hearing for Final Plat, API Supply Co., P.S. #88-03 Attached is the staff report for public hearing on the Final Plat for the API Supply Co. at 5110 Main Street N.E. After closing the public hearing, the Council may approve the subdivision accordinq to the recommended conditions of approval from the Planning Commission. The resolution which authorizes signature of the final plat will not be submitted to the City Council until the final plat mylars have been reviewed and approved by City and County staff. BD/dn M-89-87 � � � lA Staff Report P.S. #$8-03 API Supply Co. Page 2 REQUEST The petitioner, API Supply Company, is requesting to replat that portion of Lot 3, Auditor's Subdivision No. 79, generally located at 5110 Main Street N.E. A replat is needed in order for the petitioner to mortgage their building located at this site. API Supply's title company will not issue insurance unless the property is subdivided. ANALYSIS Background The property was originally owned by Burlington Northern Inc. who recently sold it to Glacier Park Company. Glacier Park will own both of the lots to be subdivided, but will lease the northern lot (Lot 1) to API Supply Co. Glacier Park does plan on developing Lot 2 in the future, however, there are no development plans as of yet. Site The property contains 18.5 acres and is being subdivided into two parcels. The first parcel, Lot 1, is approximately 11 acres in size and will contain the API Supply Company building. Lot 2 contains approximately 7.5 acres and is vacant. Both of these lots comply with the regulations stated in the M-2, Heavy Industrial zoning district. The plat does not include the westerly 250 feet of Lot 3, Auditor's Subdivision No. 79 because this portion is part of a different tax parcel. Burlington Northern's railroad lines are located within this area. Further, the City is requesting a dedication bikeway/walkway easement along Main Street. This portion of Main Street has been designated as part of the City's bikeway/walkway corridor. RECOMMENDATION TO THE PLANNING COMMZSSION Staff recommends approval of preliminary plat, P.S. #88-03, with the following stipulations: 1. Park fee for Lot 2 shall be paid at the time a building permit is issued. 2. A bikeway/walkway easement shall be dedicated to the City and recorded by August 15, 1989. ' � Staff Report P.S. #88-03 API Supply Co. Page 3 PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the preliminary plat subject to the recommended stipulations by staff. CITY COUNCIL RECOMMENDATION After conclusion of the public hearing, the City Council may wish to take final action on the final plat. It is recommended that the City Council approve the final plat, subject to the stipulations recommended by the Planning Commission. The resolution which authorizes signature of the mylars will not be sumitted to the City Council until reviewed and approved by City and County staff. ', T.30, R.24 FR/OLEY 12 � ��, 3Rp i '' x" " �' �p � �' ND THERN � �' ,;. � . ? : , r '� 9 . �s�� I . , �ar �♦ � W °oT!a?��1 .. . �{� �WTLOT �� llN�� ' ! r - I.ND,,VyAY, �;yTL'v"' N�1��; � .NN -_ , �Yti i L�'..r� ... ��P� 3:1�6" OYh01Ct�-� 3 a d .�o^'T".�'.°T /O �y. ! > ? L ,n � , , , . : r. ��' i l � i � Oa f �` t'� ; r �'r� ... . . ; . / a ouT�or K s � CEN R ,,, �"; � � u'� ' // :: _ � i � � ` � ; _ t � � �M/ � i ;'� � OUT�OT V . . �% ---------- •'?.:� � 51 ST: WAY. :''., -' ; �' � i.�r1r�T � � _� �.�' ,.. � �.�� .� nrr� a... . ✓ s. � M.�'�i OUTLOT�MM T9 6 �: ,..�.:. � Sr.a7ES O� AMER/CA f1 fe K 13 - � � 0 (rl . •�' P .S . 4�88-03 API Supply Co. � r, � n � c�awit�nw+ cr ucaecs �s . � 7NfY AIIfAt W/Hf L7!CwA C_ Uf!'Y �OfHCE5.1'ffCf:NG THf I"Sl 5:��::. 'Hr OR.n..�..� �- �� . ..�. 7;ti i��' FC i�. �RS:"'NC. . . . .... "C'J:�:Y �:.T _. .. . .. - . ... , _,...;: _ �.. .J 53927 I I N.! �.,�. sEC.n __ _,..,�.. : �„ - � � � �� ,r, =•� , R R«� ,�,, i� ' �� , � � I 1 � ,.+� ` .:�. s.... . � � ,vvi i c. I I � � I, , T 4 � � ., i �,, , .....:: "'�.r� i Z I � ' . I � :.., I r � '�'" I � w.r�a+�r I � � 1 f � i ' i r. f � i� � � � �� "' � w-�� I I �� ! ' i .� �...... ...... �it/'....... .... � �( '4 ,� I t . i I f � � �" � I : , ' rs. �` rn: I �� ? +I Y i ; g� ,. � 1 �. � .. I �� 14 - {%, N P R i �yt Yt ir.�� F. iN SCC ... .•r .r' �� ..�.. �:°,:.: i .�::� 4r .i�� ^ ♦ %�I-S � l l/ N � i-/ f� .��.�, i•Ir � LOCATION MAP 1t) � u 6 � . 3 a ,-� t 1 �. i � `�_— � � � �Ef� . � � ..•:= :� � ��E = � \ � �ii • • j � Et� # �� ' � �. F: P.s. ��ss—o3 1� ` API Supply Co. ' �� { E- �� i � �#a}�.�� -s� = aa '�� S� � �� [� � � ��;f#�� i s=�; � i �� r s :� 1 � E�i=��'� ! ��i ��; � � c? n � �'� � � ��Fet�� E . i �:�_ _ �� ' gx:=_. �t �':�P . . � ( ( Ih I� L F M O I: . N � � _� �� <-< $"� N � ,� - ( n � � � � D Y I� t: I�1 3+ t J lO 1 � � IN I ``i'� �� — I" �;� m� +, < � � � �%� -a= SITE PLAN _ __ 1 7 n r < � s � � r s � � ci�roF F�� DATE: TO: FROM: SUBJECT: COl1ILMUNI"i'Y DEVELOPMENT' DEi'ART'MENT' MEMORANDUM February 23, 1989 �A. 1' William Burns, City Manager �•'� Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator L.S. #88-07, William Shields, Approve Resolution The City Council tabled action on the above referenced item at the February 13, 1989 meeting due to the discovery of a lot width variance and because the applicant was unable to attend the meeting. Staff contacted the applicant regarding the necessity of the variance. The applicant stated he will be able to attend Monday's meeting. The attached report discusses the implications of the variance. It is recommended that the City Council approve a five foot lot width variance and approve the attached resolution authorizing the lot split. BD/dn M-89-96 � 2 P � STAFF REPORT APPEALS DATE ��QF PLANI�NNG CONMV�SSION DATE � January 25, 1989 FiZIDLEY C� Cia��i�. �/�� : February 13, t989 AuTHOR BD/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING ��$ PARK DEDlCATION ANALYSIS FlNANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY W(TH ADJACENT USES $ ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION L.S. ��88-07 William Shields To create a separate parcel from Auditor's Sub. No. 94 1300 Skywood Court N.E. Proposed lot: 10,500 square feet Vacant R-1, Single Family Dwelling district N, I-694; S, R-I; E, R-I; W, R-I Available $�so.00 N/A Yes Yes N/A Approval. Approval with stipulations. , 2A �=� Staff Report L.S. #88-07, W. Shields Page 2 RE4UEST William Shields, the petitioner, is requesting approval of a lot split which would create a new parcel from Lot 7, subdivision of Lot 10, Auditor's Subdivision No. 94, generally located at 1300 Skywood Court N.E. The purpose of this split is to create a parcel suitable for the construction of a single family home. ANALYSIS Background A lot split, L.S. #64-22, for this parcel was previously approved by the City Council in 1964. The approval authorized subdivision of the property into three parcels in order to construct homes on two of them (see parcels B and C on the attachment labeled lot split #64-22). The remaining lot (parcel A) contained the existing single family home. The lot labeled parcel C is the same parcel included in this application. The lot split authorization in 1964 for parcel C was not recorded at the Anoka County Courthouse within the required time period. The subdivision approval therefore expired, making it necessary for the petitioner to reapply for the lot split approval again. Site The two parcels created by this subdivision comply with the lot regulations required in the R-1 zoning district. The proposed common lot line separating the two parcels encroaches upon an existing gravel driveway which provides access to the house on the northern lot. A driveway easement over that portion of the south lot should be obtained to guarantee access to the northerly lot. The existing driveway is gravel. Section 205.07.06.A.2 of the City Code requires all driveways to be surfaced with blacktop, concrete or other hardsurface material. The petitioner's driveway should be brought into compliance with the City Code. RECOMMENDATION TO THE PLANNING COMMISSION Staff recommends approval of lot split, L.S. #8$-07 to create a separate parcel from Auditor's Subdivision No. 94, with the following stipulations: � 1. A driveway easement over that portion of the south lot shall be executed prior to the sale of the property. 2C Staff Report L.S. #88-07, W. Shields Page 3 2. The existing gravel driveway on the north lot shall be hardsurfaced by August 15, 1989. 3. Park fee of $750.00 (or current rate) shall be paid at the time of building permit. 4. Future house on southerly lot shall be connected to City utilities. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the lot split request but amended the stipulations by deleting stipulation #1 and rephrasing stipulation #2 to replace stipulation #1 as follows: 1. The existing gravel driveway shall be relocated onto the northerly lot and shall be hardsurfaced by August 15, 1989. The Planning Commission also included stipulations #3 and #4 of the staff recommendation in their motion as stipulations #2 and #3. STAFF UPDATE The City Council tabled action on this item at the February 13, 1989 meeting due to the discovery of a lot width variance. Section 211.07.19 of the subdivision ordinance requires an extra five feet of lot width for corner lots. The minimum requirement in the R-1 district is 75 feet. Therefore, 80 feet is required. The subject property as now described is in the shape of a flag. The handle of the flag consists of the praposed lot to be subdivided from the parent parcel. Because the proposed lot, for practical purposes, does function as a separate lot and because an adequate buildable area is achievable, denying the variance would be forcing underutilization of the subject property. Although the property owner would have use of the property, granting the five foot lot variance would not be causing an overcrowded condition. Staff contacted the Planning Commission chairman and made him aware of the necessity of the lot width variance. He stated that it was not necessary for this item to be re-presented to the Planning Commission. � The subdivision ordinance permits the City Council to grant a variance to the ordinance requirements if the variation would not be contrary to the intent and purpose of the subdivision ordinance or other applicable regulations. The City Attorney has reviewed this application and agrees with the staff analysis. 2D Staff Report L.S. #88-07, W. Shields Page 4 CITY COUNCIL RECOMMENDATION It is recommended that the City Council grant a lot width variance from 80 feet to 75 feet, and approve the resolution authorizing the lot split, L.S. #88-07, as recommended by the Planning Commission. The proposed resolution for approval is attached. RESOLUTION NO. - 1989 RESOLUTION APPROVING A SUBDIVISION, IAT SPLIT, L.S. #88-07, TO CREATE A SEPARATE PARCEL FROM AUDITOR'S SUBDIVISION NO. 94 TO BE DESCRIBED AS THE SOUTH 140.00 FEET OF THE WEST 150.00 FEET OF LOT 7, SUBDIVISION OF LOT 10, EXCEPT THE WEST 75.00 FEET THEREOF, GENERALLY LOCATED AT 1300 SKYWOOD COURT N.E. WHEREAS, the City Council approved a lot split at the meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to create a separate parcel from Auditor's Subdivision No. 94 to be described as the south 140.00 feet of the west 150.00 feet of Lot 7, subdivision of Lot 10, except the west 75.00 feet thereof, generally located at 1300 Skywood Court N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two separate parcels from Auditor's Subdivision No. 94 NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: SHIRLEY A. HAAPLA - CITY CLERK WILLIAM J. NEE - MAYOR _ _ _ 2� 0 EXHIBIT A Ordinance No. - 1989 l. The existing gravel driveway shall be relocated on the northern lot and hard surfaced by August 15, 1989. 2. A park fee of $750.00 (or current rate) shall be paid at the time of the building permit. 3. A future house on the southerly lot shall be connected to City utilities. r 2F L.S. #88-01 William Shields ' � f M� O R� e;' •� , o.. _...�__ . , . 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' �' � .a ME�GHTg : cn.is�an � ,:'�,'•,'-•�: ^,; �= �' �, N ° ' � CArc+h ) ; .,;,�•�.. �_ � � • �� `:,�; . .; ! � .,�1 ... � � _b �� i L �; •!� �S' �", � . . :. � p � �'� A% � M :�...: i-, ��.- PNE / �S ��,�"?^ '. —� s'? ti ! �: ,,.al�: :� pr.;�..; . • t � -::,��. .'�•• � 4 ' � ` ,1 I % � � � �- T�. �Q�� 9 " SKYW000 LANE / � n� K; � � q � �s �'' � � i � � � � .t G�L:, J � � S , j AJ �r r _ 1' � � �� , � '• • _ � . . .. r ZONING MAP 2G •, .- � -- G�' 2H � --- . - - T Jypp . � • �` �1 r� P L• S. 1f C7 0- Q 7 � � y''.7,� � � � � � � � � � i � � j� �i ;., � William Shields . . Fl Ilmore 4593 • 94 - 95 ' PR. ior 4050 ' ,. �. . ,.� RAIPH D. THO,'U1AS & ASSOCt.47ES ItiC. � ENGtNEERS � 400 McT. LiFr„ BLOG. ' MINNEAPOLIS 1, (VIiNNESO7A � 0 �� `- 6 yc - � �z- r33 . � � . . � � � . � �I . � � . . �s�' , � . :. . . . . �. :. I � � � .� � : w . . . I� �°' � - . . � ExisT. � If � 2 ' Drs�ELL. � � , . . � . � � . arcei A � . . � o , . . . I � ; c� �s' i : " " . _ �� .Parcel Parcel C. 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MADE A SURVEY OF TH: REAI E57ATE DESCRIBED A5. _.TiS�E.. . l�i��sT�`RLX_..../S.�_ ._FEt�-._... o.�'....Lar._..�r... � ...��»S!!BO/.YIS/ON.__..DF..._LQT_�o,._.��o, � LOT SPLIT #64-22 � � crnroF F�� DATE: TO: FROM: SUBJECT: PLANNING DIVISION MEMOR,ANDUM February 16, 1989 , Virqil Herrick, City Attorney Barbara Dacy, Planning Coordinator Lot Width Variance for Lot Split, L.S. #88-07, William Shields . We spoke on Monday, February 13, 1989 regarding the necessity for a lot width variance in conjunction with the lot split request at 1300 Skywood Court N.E. (see attached surveyj. Section 211.05 of the subdivision ordinance states that "...should the Planning Commission or City Council find that any of the regulations or requirements herein are not applicable to a proposed land subdivision or to a preliminary or, final plat thereof, or would cause undue hardship, it may permit such variations therefrom as not contrary to the intent and purpose of these regulations or other applicable law..." Please confirm as to whether or not you agree with the following rationale for a recommendation of approval regarding this variance request. • The subject property as now described is in a shape of a flag. The handle of the flag consists of the 75 foot wide by 140 foot long piece that is proposed to be subdivided from the parcel. Because this part of the parcel, for practical purposes, does function as a separate lot, and secondly, because an adequate buildable area is penaissible, denying the variance would be forcing an under- utilization of the subject property. Although the property owner would have reasonable use of the property, granting the five foot lot width variance would not be causing an overcrowded condition. Therefore, as stated in the above referenced variance section of the subdivision ordinance, the additional five feet of lot width would cause undue hardship on the property owner and granting the variance would not be contrary to the intent and purpose of the subdivision ordinance or the intent of the R-1 district. BD/dn M-89-80 Virgil C. Herrick David P. Newman )ames D. Hoeft Gregg V. Herrick �� `�� i�T �?��. ATTORNEYS AT LAW � MEMORANDUM T0: Barbara Dacy, Planninq Coordinator FROM: Virgil C. Herrick, City Attorney DATE: February 17, 1989 RE: Lot Width Variance for Lot Split, William Shields %� L.S. 88-01, I have reviewed your Memorandum of February 16, 1989 regarding the above lot split. I agree with your rationale recommending an approval of the lot split. VCH/lal Suice 205, 6401 l.�niversity Avenue N.E., Fridley, !�tinnesota 5�432, 612-571-3850 2J ORDINANC$ NO. AN ORDINANCB RECODIFYINO THB FRIDLBY CITY COD$ BY AMENDIN(i APPENDIZ F TO PROVID$ FOR T8E ADJDSTMENT OF SALARIEB FOR THE MAYOR AND COIINCILMEI�iBBRB IN ACCORDANCE WITH SECTIOi1 2.07 OF T8B Cii�iRTSR Ol► THE CITY OF FRIDLEY The City Council of the City of Fridley does hereby ordain as follows: The annual salaries for the Mayor and Councilmembers during 1990 and subsequent years shall be as follows: Mayor Councilmember-at-Large Councilmember, Ward I Councilmember, Ward II Councilmember, Ward III $8,000.00 $6,550.00 $5,850.00 $5,850.00 $5,850.00 In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time authorized employees of the City of Fridley who are not covered by a labor agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: February 13, 1989 Second Reading: Publication: WILLIAM J. NEE — MAYOR �� Virgil C. Henick David P. Newman James D. Hceft Gregg V. Herrick �-��C� �z �i�'��"�,�.��T �d"�v � ATTORNEYS AT LAW MEMORANDUM T0: William C. Hunt, Assistant to the City M nager FROM: Virgil C. Herrick, City Attorney;� � DATE: February Z, 1989 RE: Council Salaries I have reviewed your memorandum to me dated January 25, 1989, and the attached draft of an ordinance regarding amendment of city council salaries. I am of the opinion that the memo as drafted is satisfactory. I do not believe that it would be necessary to add an exclusion of annual leave to the ordinance. I also note your question whether the council can pass an ordinance with automatic increases tied to the annual general adjustment for non-union employees. I am of the opinion that this cannot be done and that salary changes must be done by individual ordinance. I hope that the above answers your inquiries. VCN:Idb Suite 205, 6401 C?niversity Avenue N.E., Fridley, tilinnesota 55432, 612-�71-3850 3A „ MEMO TO i VIR(3IL HERRICIC, CI Y ATTORNBY FROI�it �ILLI7�1[ C. � SIBTl1�1T TO T8E CITY MANAGBR� BIIBJECT! COIINCIL BALARIBB DATEs JANIII�RY 25, 1989 Attached please find a draft of an ordinance adjustinq Council salaries for 1990. It is scheduled for first reading at the Council meetinq fln February 13. I would appreciate it if you would review this ordinance and suggest any changes which you think are appropriate. In our discussion with Council members one suggestion was to add an exclusion of annual leave as a benefit. I suppose one could raise the question as to whether or not that is a benefit or a condition of employment. However, under our flexible benefit plan an employee can choose additional annual leave in lieu of health care coverage. The question was also raised as to whether or not the Council could once and for all pass an ordinance which increased their salaries by the same amount as the annual general adjustment for non-union employees. That would eliminate the need to come back to the Council every year for consideration of adjustment of salaries. It seems to me that this would be against the law. I wou�d appreciate your opinion on that matter as well. Thank you very much for your attention to this matter. cc: William W. Burns, City Manager wcx/ss � � TO: FROM: SUBJECT: DATE: CITY OF FRIDLEY M E M O R A N D II M ,� , � WILLIAM W. BIIRNB, CITY MANAGER �� RICHARD D. PRIBYL, FINANCB DIRECTOR AGREEMENT WITH SCHOOL DISTRZCTS TO TORN BACK REFERENDUM LEVIES FEBRIIARY 23, 1989 Attached you will find the agreements that Mr. James O'Meara has revised for us that will allow the City through a mutual agreement, to turn back referendum levies to the School Districts. This agreement has previously been run by the City Council in a conference meeting and also has been approved by the Housing and Redevelopment Authority at their last meeting. It was their desire to move this agreement onto the City Council for their approval and proceed to the School Districts for the execution of the agreement. As you recall, one of the concerns of the City Council and HRA was the length of this agreement. The agreement has been structured as a two year agreement and actually covers years of taxes payable in 1988 and 1989. , Because of the time it has taken to develop this, 1988 is being done retroactively. The agreement also provides some safety in regard to the inclusion of our pre-1979 Districts. If a future court would decide the pre-1979's were not to be included in this type of return, the agreement allows for the return of those levies back to the Housing and Redevelopment Authority. Mr. O'Meara has tried to put in language so that there is no impairment of the existing bonded and indebtedness. I have attached the spreadsheet that you have seen previously that calculates the amount to be returned to each School District. If you have any additional questions regarding this issue, please feel free to call. Attachment � � AGREEMENT This Agreement is dated 3s of , 1989, is by and between the City of Fridley, Minnesota, and Independent School District No. 14, and provides as follows: 1. Definitions. As used in this Agreement, the following terms have the following meanings, respectively: �� City�� Minnesota. "HRA" Authority Minnesota. means the City of Fridley, means the Housing.and Redevelopment in and for the City of Fridley, "School District" means the Fridley SchooZ District, Independent School District No. 14. "Project" means Housing and Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "1985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. "Limited Revenue Note" means the HRA's $5,603,755.80 Limited Revenue Capital Appreciation Tax Increment Note, dated December 20, 1985. "19�85 G.O. Bonds" means the City's 511,550,000 Variable Rate Demand General Obligation Tax Increment Bonds, Series 1985, dated December 30, 1985. "1986 G.O. Bonds" means the City's 510,045,Q00 General Obligation Tax Increment Refunding 8onds, Series 1986, dated as of August 1, 1986. "Tax Increment Obligations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. . - Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this Agreement and cahich commit the ��se of any tax increments from the TIF Districts for specified purposes, projects, or parties. �"Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts means Tax Increment Financinq District Nos. 1 through 8 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. . "Subdivision" means Laws of Minnesota 1988, Chapter 719, Article 12, Section 24 (a copy of which is attached hereto as Exhibit B), to be codified in the Tax Increment Act as Minnesota Statutes, Section 469.177, Subdivision 10. 2. Recitals. (a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. (b) TIF District Nos. 1 and 8 are located entirely within the boundaries of the School District, and a portion of TIF District Nos. 2 and 4 are located within the boundaries'of the School District. (c) None of the property within TIF District Nos. 3, 5, 6, and 7 is located caithin the boundaries of the School District. (d) It is the purpose of this Agreement to provide for payment of certain tax incre:nents to the School District pursuant to and in accozdance with the provision of the Subdivision. (e) Nothing in intended to violate -2- this Agreement is the covenants and agreements heretofore made respecting the application of tax increments from the TIF Districts pursuant to the Tax Increment Obligations. 3. Representations of the City. (a) The Tax Increment Obligations were issued to finance various activities of the HRA within the Project. (b) The 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to� the payment of the 1985 Revenue Bonds, and there are no other sources of funds pledged to the payment thereof. The fina2 scheduZed principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 from tax increments Nos. 1 through 6, principal maturity 1, 2000. (e) The 1986 f rom tax increments Nos. 1 through 6, principal maturity 1, 2000. G.O. Bonds are payable derived from TIF District and the final scheduled of those Bonds is February G.O. Bonds are payable derived from TIF District and the final scheduled of those Bonds is February (f) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds were outstanding on May 1, 1988, and are outstanding on the date of this Agreement. None of the tax increment expected to be received from TIF District Nos. 7 and 8 has been pledged to the payment of bonds as of the date of this Agreement. -3- 4� (g) TIF District No. 1 was certified prior to August 1, 1979, and neither the City nor the HRA has taken any action the effect of which would, pursuant to Section 469.179 of the Tax Increment Act, cause said District to become generally subject to the provisions of the Tax Increment Act. 4. Representations of the School District. (a) On September 20, 1983, the electorate of the School �istrict approved a 6.5 mill levy extending for 5 years and covering the 1983 payable 1984 through the 1987 payable 1988 property taxes. This levy is hereinafter referred to as the "1983 Levy". (b) On September 23, 1986, the electorate of the School District approved a 2.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy". (c) On September 29, 1987, the electorate of the School District approved (i) a 7.0 mill continuous levy first effective for the 1987 payable 1988 property taxes and (ii) a continuous additional 6.5 mill levy first effective for the 1988 payable 1989 property taxes. These levies are hereinafter collectively referred to as the "1987 Levies". 5. Payment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, beginning with such tax increments relating to the 1987 payable 1988 property taxes (except that the 6.5 mill portion of the 1987 Levies shall in accordance with its terms first apply, where applicable, with respect to increment relating to the 1988 payable 1989 property taxes), as follows: (a) TIF District No. 8. Since the 1987 Levies were approved after the date of certification of TIF District No. S, and since on May 1, 1988, there were not bonds outstanding to which increment from -4- � � r TIF District No. 8 was pledged, the tax increments from TIF District No. S which are attributable to the 1987 Levies are automatically payable and shall be paid to the School District pursuant to clause (1) of the Subdivision. Since the 1983 Levy .and the 1986 Levy were approved prior to the date of certification of TIF District No. 8, the Subdivision does not apply to those Levies with respect to this District, and no tax increments attributable to said Levies from this District are payable to the School District. (b) TIF District No. 4. Since the 1983 Levy was approved prior to the date of certification of TIF District No. 4, the Subdivision does not apply to tha� Levy with respect to this District. Since the 1986 Levy and the 1987 Levies were approved after the most recent issue of bonds to which increment from TIF District No. 4 is pledged, pursuant to clause (3) of the Subdivision, the tax increment from TIF District No. 4 which is attributable to said Levies shall be paid to the School District. (c) TIF District No. 2. Since the 1983 Levy was approved prior to the most recent issue of bonds to which increment from TIF District No. 2 is pledged, the Subdivision does not apply to that Levy with respect to this District. Pursuant to clause (3) of the Subdivision, the tax increment from TIF District No. 2 which is attributable to the 1986 Levy and the 1987 Levies shall be paid to the School District. (d) TIF District No. 1. Since the 1983 Levy was approved prior the most recent issue of bonds to which increment from TIF District No. 1 is pledged, the Subdivision does not apply to that Levy with respect to this District. Since the 1986 Levy and the 1987 Levies were approved after. the most recent issue of bonds to which increment from TIF District No. 1 is pledged, pursuant to clause (3) of the Subdivision, the tax 1 -5- �� increment f rom TIF District No. 1 which is attributable to said Levies shall be paid to the SchooZ District; provided, however, that the City believes, based upon the opinion of counse? and the representation contained in paragraph 3(g) of this Agreement, that it is a matter of opinion as to whether TIF �District No. 1 is subject to the Subdivision in any respect, and the City and the School District agree that if it should be finally determined by the Office of the Attorney General for the State of Minnesota or by a court of competent jurisdiction in this State that the Subdivision does not apply to such a tax increment financing district, then no further increment shall be payable to the School District pursuant to this sentence, and all increment which shall have theretofore been paid to the School District pursuant to this sentence shall be remitted by the School District to the City upon written demand. 6. Further Agreements. Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this Agreement would give rise to a violation of said obligations and covenants, including without limitation, the default in the timely and full payment of the Tax Increment Obligations, the applicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothing in this Agreement shall restrict the City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. In addition, the City and the School District `< agree that, except in each case described in paragraph 5 of this Agreement where payment of tax increment to the School District is mandatory pursuant to clause (1) of the Subdivision, all other provisions of said � paragraph 5 providing for payment of tax increment ' to the School District shall be limited to a term covering 2 tax years, specifically, said provisions shall apply only to such tax increment attributable to the 1987 payable 1988 and the 1988 payable 1989 s real estate property taxes, respectively, and at the � conclusion of said period, the City and the School � District agree to review the circumstances and to -6- �� attempt to negotiate in agreement or agreements as and which are acceptable to District with respect to such applicable tax increment good faith such further may be permitted by law both the City and School discretionary payments of to the School District. IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Ma yor ' City Manager INDEPENDENT SCHOOL DISTRICT NO. 14 School Board Chair Superintendent -7- EXHIBIT A Schedule of Tax Increment Financing Districts . Within Housing and Redevelopment � Project No. 1 of the Fridley HRA TIF District 1 2 3 4 S 6 7 8 Name Center City l�ioore Lake North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winf ield Shorewood Independent Certification School Date District No. 5/11/79 14 7/31/81 13/14 5/19/82 11/15 1/20/84 3/15/84 12/24/85 10/22/86 10/24/86 13/14 16 13 16 14 �� EXHIBIT B Ch. 719,.Art. 12 LAWS of MINNESOTA for 1988 1996 Sec. 24. Aiinnesota Statutes 1987 Supplement� xction <69.177, is amended by adding a subdivision to read: Subd. 10. PAI'tifE.YI' TO SCHOOL FOR REFERE\DU�i LEtiY. The m�•isions of this subdi�•ision SDDIy to taz increment financina districts and ro'ects for w•hich certification was re uesttd before I�iav j 19gg, that are located in a school district in which the voters ha�•e a ro�•ed new milla¢e or an increase in millaae atier the tax increment financine district �•as cenified � if there are no outstandin¢ bonds on May 1, 1988, to which increment from the district is ledeed or � if the reterendum is a ro�•ed after ylav 1, 1gfi8, and there are no bonds outstandina at the time the reterendum is a ro�•rd that v►•ere issued before Mav j 1988, or � if the ieter` endum increasina the mili rate w_as a ro�•ed afler the most recent issue of bonds to which increment from the district is led¢ed. If clause �Ij or � a lies the authoritv must annua�iy p_a'y to the school district an amount of inerement e ua! to the increment that is attributable to the increase in the mill rate under the referendum. If clause � a lies u�on a ro�•al �_a maiority vote of the o�•ernin bodv of the munici. aA IiIY and ihe school board. the authoritv must pa� to the school district an amount of increment e ual to the increment that is attributabte to the increase in the mill rate undcr the referendum, The amounts of these increments maY be ex ended and must be treated � the school district in the same manner as rovided for the re�•enues deri�•ed trom the rcfcrendum le�ti a ro�•ed �v the votccs. Sec. 25. tifinnesota Statutes 1987 Supplement, s�ction 469.179. is amended to read: 469.179 EYIS?I\G PROJECI'S. Subdi�ision 1. EJ�:►iP'IiON. The pro��sions of sections 469.174 to 469.178 shall not af%ct any project tor w•hich tax increment certification �as requested pursuant to law prior to August 1� 1979, or any project carried on by an suthority pursuant to section 469.033, subdi�•ision S, with «spect to µ•hich the go��erning bodZ has by resolution designated properties for inclusion in the . dislrict prior to August 1, 1979. ezcept: (1) as otherwise expressly provided in sections 469.174 to 469.178; or (2) as an authority elects to proceed w�th an existing district. under the provisions ot sections 469.174 to 469.178; or (3) ti}et ea7 e�a+'6�++�� ef t�he �eeLrn�p}!+e eree e�' e� �+�+y �e�r +r:ere- ri+�e�r! �r� d+�triet �rbseq�t*t ie ��t �; }�9�9; s�f} be �� t+t ee�eer�cr�ee wlt� ee+� yhe}} �bj�eet t�e preper4� ed�e� ni s ressr:4 e� t�re r.�e�sLe_ �t {° � �� '� �� 4 �e 464-F=$ as rovided � subdivision 2; or �4� ��'+t "'� � P�ri�k is+ �952; uction 469.177� subdi�•ision 3. clause (b)� sha11 apply to all development districts created punuant to �iinne- sota Sututa 1978, chapter 472A, or any special law, prior to August 1. 1979. rsw 1anYua�e fs iodinted br underline. ddeBons bT priieew, B-1 �� EXHIBIT B �gg� . UWS of 1�SINIESOTA tor 1988 Ch. 719. An. 12 Subd. 2. APPLICATIOV TO E�IS'fI�G DISTRICCS. ICthe de�•el_oament or rede��do�:ncnt acti��itv w�ithin the rp oiect or district of a tax inczement financin r� oieci ccnifi�d oriot to Aueust 1j 1979. is extended bevond the sco of acti.itv set forth in the district's reQe�•elopment plan unCer Tiinnesota Stat- utes, chz�ter <62, or T4innesota Statut�s, chaoter a724, if a��licable, afier !�, iav 1 1958, ihe xuthorit must w�ith re¢zrd to the new acti�•itv contorm to the pro�isio::s of sections 469.174 to 469.178 �*ith the followin exce�tions. � Seetio� �69.175, subdi.•isio� 3 vanaraphs � and � shall not 2pDiv. Funher,nore, the pro��sions of section 473F.02, subdi�•ision 3 shall continue to aoolv to the entire district, if aoalicable, b� Section 469.177, subdi�ision 3 shall not apvlv. Sec. 26. CIlY OF �'IRGIIIA TA.� I:�CRE:�iE�? FI,tA.1CIKG DIS- 'TRICT; PARCEIS I1CLliDED. Rede��eloDment tax increment financin district r'o. 1 in ente rise zone de��eloa^ent district J�=o. 3 in the cit of Vir¢inia, is deemed for all purooses under !�iinnesota Statutes, scctions <69.174 to i69.179 to indude the followin a� rals of real ro rtv as of June 12, 1984: � Parcel r_o. 90-124-245 _ EIv 79.2' of Lot 1 and all of Lot j Block 3 0lcott .4ddition; (2 Parcel �=o. 90.125-247 _ Lot 3 Block j Olcott Addition; and � Parcel I�_o. 90-125-270 - Lot j Block 3 Olwtt ,�ddition. Sec. 27. ORIGIti.�I,L ASSFSSED V.�1LL'E. The ori¢inzl assessed value of the av rcels of real ,D-ppertv described in sections 24 to ?6 is deemed for all gprxses under :�iinnesota Statutes, s�ctions 469.174 to 469.179 to be the ori¢inal zssessed value of these a�rcels as of June 12. 1984. � S�c. 38• C.1PTL'RED �SSESSED VALliE. The artured xssessed �•alue of the oxrceis of rexl ro�ert des_ cribed in sections 2a to 26 is deemed for all ourvoses under rlinn�sota Statutes, sections 469.174 to :69.1 i 9 to be the increased tssessed �•alue of those aD rcels cor.»uied in the manner prescrib�d bv !�4innesota Statutes, section :69.177, and in xccord- ance w�sh soctioas 26 to 28. See. 29. TRIXSITI0�1 RL'LES• j,aj Yhe Dro�isions ot seciions 3 61 10• and 14 do not ae 1v to ro sed t:x inerement finxncin districts tor �•hich the authoritv called for a u� blie heann in a resolutio� dated Tfarch 23• 1987, and tor w•hich a up blie hearin w'as held on A�ril 28. 1987. 7'he pro�•isions of �iir.nesota Stxtutes 1987 Su�vl_ ement. \ew Iu►�nate is iadinted by uaderlin deledoas by Mw''reerw �� i I 1 1 I �I �' I I , , � .� � $ R M � U � � � � � .� � �w �-�i A r� � � � b �.+ > � 6 .., a �' � � � � a � � � � �1 JO � F A � � � � � � M � A � i N I I � I � I I , � , a 1 � ' 1 i I 1 1 I I I 1 � � 1 � I I �p 1 .�i N 1 .-1 I � ; N ; I I �O �D O N �D V� � M `a� a �� rf � .�i \ Z (� 1 rl �� i �O 1� 1 �O \ 1 e�i a = � I � 1 �lf 1 s �° e�+l � � 1 � � �F Ot I rl ; rl N 1'�'f 1 {D NO�� p� � h M�-1 1 N I � � I' � � i � � � n b � N r1 t� O rl O� 1� ri ��88 �� $ � �� N��O �l�M rl \ Z �� I� �� i� I�� I .N la °� � . j M ��-1 O ' � � � h N � � �OrDONS � O ; 4�'1�N0�0 � N � !+f a�e70O t� 1' Arlu�'i0O ' n =� O� �i e� N i� i M �lf � l� � Ifl � b I j j j . NNNNN l��l�l�l� lV��it�0 a � O � O� O t� ip!f � � � O v .�i �� a� �� ti �-1 �-1 N � � ilitNM�t ri \ � �� 'i �� O !V N � a a N U'f .-1 e� O O� O� O �-1 a�pg��p At�bO r .+ ��OC3 �� .-I�N�CO M�tM1tM M � � �� rl �� O !� �� O� A � M � � I rl � � o it � ii 1 � I' � �1 � ~ � si a„ � � � il I N N' i � 11 1 �1 p p I 1 11 O S S O I S I N 11 0000 1 O I �A 11 I � O 11 1 1 rl 11 I 1 N 11 1 1 11 v \ � � � 'i?.Z� N �D v1 O� {n �lY � �i � 1� rl O O �O �! O� �E�DMN rl.i r� C `�A�� m � ��a� PfMY9� RR�t�! r1 �-1 � � � Z `� I rl �� i�0 I� 1 \ .N I N �� (1) Z�e Refe�'er�uag dc r�ot apply as bo� Were isst� after the refe='�etxi�at. � (Sectian 3 0� State Statute). ! I 4L ( 2) The Refez'er�ms do not apply as the le�vies w�es�s ap�av�eci p�i.ac to the date the district was oe�rtified. ( 3) The 6. 5 portion of the Referen�an dr�es mt apply tuitil taxes payable 1989 as it contirn�es the Refere�dun passed in 1983 �ich was fas 5 y�ears. RESOLIITION NO. - 1989 A RESOLIITION ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMAT88 OF COSTS THEREOF: WATER, SANITARY SEWER AND STORM SEAER PROJECT NO. 188 WHEREAB, certain agreements requesting street improvements, including grading, stabilized base, hot-mix bituminous mat, sewer, water, storm sewer and other facilities, located as follows: NORTHCO DRIVE SOIITH OF 73RD AVENIIE were duly presented to the Council on the 13th day of February, 1989; and WHEREAB, pursuant to the resolution of the Council adopted February 13, 1989, a report has been prepared with �eference to the improvement, and this report was received by the Council on February 13, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. The Council finds and determines that said agreements were signed by all owners of real property abutting upon the street(s) named as the location of the improvement. 2. Such improvement is hereby ordered as proposed in the Council Resolution adopted February 13, 1989. 3. John G. Flora this improvement. and estimates of improvements. is hereby designated as the engineer for He shall prepare plans and specifications costs thereof for the making of such PASSED AND ADOPTED BY THE CITY COONCIL OF THE CITY OF FRIDLEY THIS 27t1i DAY OF FEBRUARY, 1989. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 5 .< �� oT .. ,� � Y � � � W Z � � V � 0 Z , — , �= s 8 ' : ` z—o—�—� . � - e � � I! .:�o� K:�iAf , a � I + rwJ L-_ :' J � "/ ( , e _� —� z .I � `'� — I i a . � _ � ',. � . �� I L' r ,,,�'' • ^ ; .. • s � ' I I L I � ,� � � r ?rr�'_/ � I � , _ `(� I I i i� i� i'. � � ti I I a .. � � ��: ��- -- � ( _ _�N� ; i , - _J �� O � i, i w Q I i �_: ��J \� M � � �'- i 3 �� , � r s�� ;.. .. � ;� H� .. .. ;!� � �� N .•:i'.:T �� . M O I . � ,� �{�ja : . ...... i� R• �o �P° �•5��',�'.. �� _=�w w � �i y ,w � `j #N �. � 'Zj , ,`i • �. • ; rw�� ,r P\J1 InC -, • r` \ l L�� _I !'�O+ I �i � Y, � ��._� =� ��;:� :: ` � =;I: + � �j '— ; 1 . a � � `-- + I � i_J '-� -�/ I _ `� I `I �p � ••{ ; ,_ _ _ I - . . ' � ! �4'. � '...;; �= JO i o G_ � I ,1 .�1:" . . ' _ �� I » . ... . �L' ' _� �.,,� � za . 1 _ „ ��- , , � � _J I ir � I �`. . 'I ~u�• �.. ..► \>- Q � 4 �� 'I I w I K O . � M r J:-\ » • M �-:. s I �l I � ' .� I � o � _J I � !,,,_� cu I , , � - . . . «� .. � 3 ,�- � I ' �,� T.-." � �—� `'1I �N ooa� ��, N i._ .� - f X , o e.d o �. �_ _ . i N � I w .,_._ I r � �i � i e '\ '.�w — \ sF. � • .� - - � i w � R r` , • ��\�, . r... , � � �;~ r� � • - � : I=f \� �a ' ( IO~ '.-- � s _ � I I= ,`' par\ '� _� �. I < � \�b \ ti . . .... _':'-: : � «R. i f � � ' f l- �'\• -'1'-r► _ �- -- � -- •� �� 0� Of If9�_ _ 1 _ M�I►.II.ON '" � � ��.Ii.LN �J �__L—��_ � ` ' �- ° -- ��-•' b w '�,-,1 - �--- ' '_ �. ,_ , n . , �.. q . . � �-, ' / _ I•- . � ' r - � ' / l. , � J. . _�_ .. . . _ 0 � • - � � — -' 5A ' ,y_ � C� RESOLIITION NO. - 1989 A RESOLIITION ORDERING IMPROVEMENT, APPRODAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: WATER, SANITARY SEWER & STORM SEIPER PROJECT NO. 188 � WHEREAB, the City Council received an agreement from 100 percent of the property owners whose property is liable to be assessed with the making of these improvements requesting the construction of these improvements; and WHEREAB, Resolution No. - 1989 adopted by the City Council of the City of Fridley ordered all of these improvements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolutions are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer systems, and other facilities located as follows: NORTHCO DRIVE 73RD AVE. SOIITH That the work involved in said improvements as listed above shall hereafter be designated as: WATER, SANITARY S�ER AND STORM SEWER FROJECT NO. 188 2. The plans and specifications prepared by the Public Works Department for such improvements and each of them, pursuant to the Council resolutions heretofore adopted, are hereby approved and shall be filed with the City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that bids will be opened and considered at 11:00 a.m. on the 29th day of MARCH, 1989, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Public Works Director, and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5�) of the amount of such bid. That the advertisement for bids for AATER, SANITARY SEWER & STORM SEWER PROJECT NO. 188 shall be substantially in standard form. Resolution No. - 1989 Page Two PA83ED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF FEBRIIARY, 1989. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK sA RESOLIITION NO. - 1989 RESOLIITION ORDERING IMPROVEMENT AND FINAL PLANS AND BPECIFICATIONB AND ESTIMATES OF COSTS TBEREOF: STREET IMPROVEMENT PROJECT NO. ST. 1989 - 1 WHEREAS, Resolution No. 18 - 1989 adopted on the 13th day of February, 1989, by the City Council, ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolution No. 18-1989 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer system, and other facilities located as follows: NORTHCO DRIVE 73RD AVE. SOOTH That the work involved in said improvements as listed above shall hereafter be designated as: STREET IMPROVEMENT PROJECT NO. ST. 1989 - 1 2. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 3. That the Public Works Director, John G. Flora, City Hall, Fridley, Minnesota, is hereby designated as the Engineer for this improvement. He shall prepare final plans and specifications for the making of such improvements. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS 27TIi DAY OF FEBROARY, 1989. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK � 7 ' �� :�-,-,i�..- ' �::'" ,'�.v,;.��, �„. _,' . .: . _ , � . � .�, --,.- - � _-�, _- n, . , , ' " ' � -, . . • � � Y ,....._._ - ...__.�__ -- �1 - �. _ _ —T-- — — —..- - . r : � - Ns.,,�� l �..__ No•nv�-w_ � r-' �'6l1.��` 90�0 yrf ?� - � �7 � IYtY� rT•Y � a ; � I � � ( I '� I i N :° � : � � � _ �' c'�' i I I ..�.. I,s ; I ' � I _ � � , �� •��-11� ... Nup� , �� p �O � ±yy »� w �: � P . � � ' _, � s Ie w � °w I E I/ � i I � � a � � e � j ) � f � ( � I � ��J i � � , 0 �, O • s: C °: s � r 7 � � . \ *3\?�\ � � ZI I � ` \ � ' \ - -i O I O \ I I N � � �� 1 � i v'.*J�.� C,�I�pI I f\'J / � • " uo \ � � _ � •� v� � R.jOdpp" ��itA I • c!''�- . - , _� N �,, .. � — ': ,� .,'! . � ~ (' � � - .-, .;L I� I r� i i � 'w� r_ w �� ; �= I-.�� : I � : _�:,.. '`°;;.. n : I ,= -<: .eay1. ' � I, � �, � '•. ni I - � . �"� • ,� _ �+., ( I I �� '- �' '�' 1 ; i --� ', •riy.� ` �� I i l J\ r, � � �� I o I, _`— i-� �=, s3 =I�� ,,,�� — � _ ,� � o �: ,. N ' i • «.�1, 1J � . � � oY�' , - �_; , - __ "� `� � � - �`i�, : . ��'Q � � _ � � . r v �. � +�• � ' �Y�U%T/ Y "` �_ . �LYp��. .. 4 \� ifr:i.�.• ., _' ,: w -- :�. �� 1/ � '� r. ♦ (-�-+ '� ! \ O 1� �J � ' I . � �I`,�_ --, , ; - � -- ;, .. d � � �. � `� � � I _ � <1 � 1 i ' � I � '' :':.'' • /— �! �, � I ' . �� l .. • � _� .: � Y I � � %� .� � I ( -� � - r�� I � � a.—J ` ) � .�;.:.� _ �r � =i_1 _ I - - -- , � � Z � � --i C7 O C � rn c,ii D �\I � � H Z� ot� *� � �� Dt 7A ��3 � � cinroF F��e� TO: FROM: DATE: C011IWlUNITY DEVELOPMENT' DEPART'MENT M EMO RAN D UM William Burns, City Manager Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator February 23, 1989 REGARDING: Proposed Amendment to Developm2nt Agreement - vantage Companies Vantage Companies is proposing a change in the language of the Development Agreement between the City of Fridley and the Vantage Companies (see the attached letter from Thomas Roberts, Vantage Campanies Vice President and Manager of Minneapolis Retail Division). This item will appear on the City Council agenda on February 27, 1989. Section 4.4 of the Development Agreement dated March 17, 1986, states: "Uses. It is agreed that on the Southeast Parcel there shall not be Zocated or constructed any business or building that engages in automotive or motor vehicle repairs or services, or that sells gasoline, fuels or motor vehicle parts." Vantage Companies would like to develop a 9,200 square foot shopping center on the 1.41 acre parcel located in the immediate northwest corner of 81st Avenue and University Avenue. A Texaco "C" store, with gas pumps, would occupy 2,600 square feet of the Center (see attached site plan). The Texaco store would be owned and operated by John Martinson of Fridley. David Newman was present at the meetings when Section 4.4••was discussed, and in fact drafted this languaqe. It is his opinion that the proposed Texaco convenience store represents the type of use the Council intended to prevent. Staff reasoning was that this type of activity is less desirable in exterior appearance due to the presence of pumps, refuse containers, outside canopies and the outside display of inerchandise. We think it was the former City Manager's belief that the HRA was spendinq a considerable amount of money ($150,000) on the major Vantage parcels for the purpose of achieving a quality exterior appearance. He did not want this effort interfered with by havinq the type of deve2opment that is now proposed. We also believe that a clear reading of this section legally prohibits the type of proposed use. : ' Vantage Companies February 23, 1989 Page 2 Staff inet with Mr. Roberts on February 22, 1989. At that time, he indicated that he would consider modifying the site plan to place the pumps and parking on the frontage road, on the far side from University Avenue N.E. to minimize the visual impact. In the event that the Council does decide to allow this use, the City Attorney advises that the Council identify the reasons why the contract should be amended for the proposed request. He cautions the Council, though, that he does not believe that any level of hardship could be established to support the developer's request since there are numerous alternative uses for the property to be put to. RECOMMENDATION Staff recommends the City Council deny the amendment request. However, should the Council consider amending the contract to allow the proposed use, the Council should direct staff to prepare alternative language for consideration at a future meeting. JR/dn M-89-104 �=— anta e g Minneapolis Division January 10, 1989 C1 � 11095 YWng Drive. Sufte 260 • Eden Pra�ie. MN 55344 •(612) 944-1000 • FAX (612) 829-3816 Ms. Barbara Dacy City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 RE: Development on the Corner of 81st & University Avenue Dear 8arbara: As you are aware, Vantage is contemplating the development of an approximately 9,200 square foot shopping center on the corner of Slst Street and University Avenue in Fridley. Enclosed is a copy of a preliminary site plan. At your suggestion, you felt we should discuss this development with the City Council of Fridley because of an existing agreement we signed with the City o� the 7th day of April, 1986. More specifically, Section 4.4 Uses on page 4-2 of the Agreement. This section reads as follows: Section 4.4 Uses. It is agreed that on the Southeast Parcei there shall not be o ac ted or constructed any business or building that engages in automotive or motor vehicle repairs or service, or that sells gasoline fuels or motor vehicle parts. The "Southeast Parcel" is the property on which Vantage is planning the 9,200 square foot development. It was our understanding that the City Council did not want to see a freestanding gas station, muffler shop, tune-up shop, etc., but i�t w as not the intent of the parties to restrict the Developer from developing a"Quality" development on this parcel. Our intent is to develop a"Quality" 9,200 square f oot shopping center on this parcel that would be architectural9y and aesthetically pleasing and that would compliment the existing Phase I, Wholesale Club, which we have aiready developed per the aqreement. The 9,200 square foot shopping center would consist of a 2,600 square foot Texaco "C" Store owned and operated by John Martinson a resident of Fridley, 3,000 square foot drycleaners cailed "0'Donnell Cleaners" and two to three additional service type merchants for the remaining 3,600 square feet. The Texaco Convenience "C" Store would not repair or service motor vehicles and would not have a car wash as part of their plan. They would have a pizza takeout, video rental, grocery items and sell gasoline from four pwnps. • Commercial Real Estate Investors and pevelopers • a I�J�J Ms. Barbara Dacy City of Fridley January 10, 1989 Page Two Vantage f eels that this developmen� would be an asset to the area and would help in the development process of Phase II of our project. The City Councit is f amiliar with the quaiity and professionalism that Yantage has shown in the past and feel that the Fridley City Council should allow this type of development to occur by clarifying the language of Section 4.4 of our Agreement. Sincerely, VANTAGE PROPERTIES, INC. � � ��'1� Tho as G. Roberts Vice President and Manager Minneapolis Retail Division TGR:mpc Enclosure � � � � e �1� ss� �#} � ' . � � 0 r � �r� �� i � � . t t t � � � � � �� ,� �� ri� i►re�r.a � �� g � " J 3 �� i- .. � � �a�� i � �� ` `. ! Virgil C. Herrick David P. Newman )ames D. Hceft Gregg V. Herrick C•I -� �.l�:ly:l4�� s�. ��'ii`�� 1Cei�. � ATTORNEYS AT LAW February 8, 1989 Barbara Dacy Planning Coordinator City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 RE: Vantage Companies Dear Barb: Virgil asked me to respond to your Memo of January 26, 1989. As I indicated to you earlier, I was present at the meetings when the language in question was originally discussed. At the time it was inserted it was Nasim's desire to achieve quality development on this parcel due to the fact that this parcel was adjacent to University Avenue. As you know, we made considerable effort to insure that the exterior appearance of the Wholesale Club would be attractive. Nasim did not want the visual impact to be detracted from by a gas station on the corner. As you are aware, the language contained in Section 4.4 is extremely broad. I drafted this Ianguage with the specific intention that excluded any use that relates to automotive service or the selling of motor fuels. Our reasoning was that this type of activity is less desireable in exterior appearance due to the presence of pumps, refuse containers, outside canopies, and the outside display of inerchandise. I think it was Nasim's belief that the HRA was spending a considerable amount of money on the major parcels for the purpose of achieving a quality exterior appearance. Ae did not want this effort interfered with by having the type of development that is now propose3. While I have attempted to give you some background as to the rationale that they used in imposing this requirement, I also believe that from a clear reading of this section, it also legally prohibits the type of proposed use. In the event that the Council does decide to allow this use, I believe that this can be treated somewhat differently then you would a rezoning. The reason is that this is a contract entered into between the City and the property owner and consequently I don't believe that the same standard is imposed upon the City in deciding whether or not to amend the contract in order to permit Suite 2Q5, fi�01 University Avenue N.E., Fridley, �Llinnesota 55432, 612-571-3850 Barbara Dacy February 8, 1989 Page Two this proposed use. However, I would certainZy encourage the Council to adopt as extensive of findings as they can, Such findings might include that because there will be no service bays, car wash bays, or that the selling of gasoline will be a small percentage of the total activity conducted on the parcel, that the proposed use will not increase the amount of traffic circulation and that the Council finds the proposed use consistent with the overall intent for development. I would caution you though that I do not believe that any level of hardship could be established to support the developers request since there are numerous alternative uses for the property to be put to. If you have any questions please do not hesitate to contact me. �incerely•, yours, i ` 1 �, . ; f '� . ,: ��'; �.� � � David P. e an DPN:jeb �� NJ � � ci�roF fRlDLEY DATE: TO: FROM: SUBJECT: COl1liMLiNITY DEVELOPMENT DEPART1VlENT MEMORANDt,[M February 23, 1989 l �I' William Burns, City Manager �� Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Steven Barg, Planning Assistant Public Hearinq on SAV �89-01, Northtown Nissan On February 22, 1989, the Planning Commission held an informal hearing in consideration of the vacation request, SAV �89-01. No one from the public appeared to speak on this matter. The Planning Commission recommended approval of SAV �89-01 with the three stipulations recommended by staff. Minutes are not yet available. We wanted to establish the public hearing date as soon as possible, otherwise, the matter could not be heard by the Council until Apri2 (State statutes require a 14 day�publication period). Staff requests that the City Council set a public hearing for March 20, 1989 on SAV #89-01. SB/dn M-89-98 - � STAFF REPORT APPEALS DATE C��QF PLANI�NG COMMISSION DATE Fe»rua� 22, 1989 FRlDLE.Y CITY CODUCJL DATE February 27, 1989 A�THOR j�, �G REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY,, PRESENT ZONING ADJACENT LAND USES 8� ZONWG UTNT�S PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH AOJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMEI�ATION APPEALS RECOMMENQATION PLANNING COMMISStON RECOMMENDATION SAV #89-01 WBIIi Rea1tY ��PanY 'Po vacate a 30 ft. street easement Along the east property lirie of I,�t 3, Blodc 2, East Ranc� Estates, Se�nd Ac3�ditic�, e�oept the east 200 feet thereof, c�nerally located southwest of 7810 University Avenue N.E. 'Potal site: 5.0 acres. E�ansi� area: 1.0 acres N/A C-3, Ger�eral Shopping N: C-3; S: C-3; E: Spring Lake Park, C-3, Offioe, Comrer- cial, and R-5, Niil.tiple Dwellings; W: N�2, Heavy Industrial y/A N/A N/A N/A N/A Approval with stipulations . . SS Staff Report SAV #89-01 Page 2 REQUEST The Petitioner, WBDH Realty Company, is requesting the vacation of a 30 foot street easement located along the east property line of Lot 3, Block 2, East Ranch Estates, Second Addition, generally located southwest of 7810 University Avenue N.E. This vacation request was one of seven stipulations attached to SP #88-13 which was approved by Council on October 3, 1988. BACKGROUND SP #88-13 was issued to allow Northtown Nissan to expand its outdoor storage on a one-acre parcel to the south of 7810 University Avenue N.E. This site was affected by a lot split, L.S. #75-10, which required a street and utility easement along the east lot line of the property as well as the property to the east. The City vacated part of this easement in 1987 (SAV #87-04) in connection with the ABRA development (parcel to the east), but retained a 30 foot street and utility easement for the site on which Northtown Nissan later sought expansion. ANALYSIS During the October 3, 1988, City Council meeting at which the special use permit was approved, concern was raised regarding future access problems if the property were to be sold. The possibility of those lots to the west becoming "landlocked" was discussed at that time. City Attorney, Virgil Herrick, explained that this problem could be avoided if the property in question were to be combined into one tax parcel. This would require that a lot split be approved if Nissan wished to sell the property at a future date, and the question of accessibility could be addressed at that time. Because the combination has not yet been executed, it is recommended that the combination be a stipulation of approval. It is also recommended that the utility easement be retained and a drainage easement be obtained for the same location. RECOMMENDATION � Staff recommends approval of the requested vacation, SAV #89-01, to vacate the 30 foot easement for street purposes with the following stipulations; 1. The parcels shall be combined into one tax parcel prior to final adoption of the ordinance authorizing the vacation. 2. The easement for utility purposes shall be retained as currently described. 9C Staff Report SAV #$9-01 Page 3 3. The petitioner shall execute a 30 foot drainage easement to the City for the same location. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the vacation request with the three stipulations presented by staff. CITY COUNCIL RECOMMENDATION The City Council must establish a public hearing for consideration of the vacation request. State statutes require a 14 day publication period for vacations. It is recommended that March 20, 1989 be established as the public hearing date. � 3 � SAV 4f89-Ol WBDH Realty Co. 9D 4 _ j � � O ' � � � �� . a .a � ` � -� � ♦ �� s �Z� } 714b � ' �,�� '�y i., � � � �� ? �,� s � („) • c , �. •�n.�.r � •� 79�t0 ��,��' ► � � �r.... . .. � � ��. i � +� �. V �- I Z 4 • � ' i�j � �� ,' �`� 1� � r� �s� ; ' � ' A'�re Ci �, iosrs � � � "" - � 6 � � , / �IV A� � ( �1�e ii '�•w , � t�'4 _ %"� i'� -- -� �f '�'y� �1 ' �.n s� + � � �s � ��, , ° : � ts/�r��,/Jr •., ti �.n�w►•o! '— 'ti �;'J� .. � I � ... � . _.,w ..� � _ , . .,yy� �,,�a ^'�' ' . �;s�e :' _ � ,�• ��1� � S�o ��!- �n) �� 7 it� r�� .1��, � �s2o -�aea � ' ,�. (r) (,�� 3 . 7s9a s �. � 8 / g � / �� 3': 7 87f�3� � ! � � , .�w�f�,w�.F s � , I �° � ev i.rwe � � a, A' �l�+ wr .k IJ'�7 . '� � 83r _ 3 N � , � z � l� ` ,Z �fi � i $ � �3) - - 1e -- � � l> C $ (�� O � � 8 io �� $� �a ss � � �. � � <*� E A � A 5 .,r,� , .,r.e „�a.. _ A l,,.r __ � _ � . �� G (is� 2 j »qs ��G� _7�03 (!_) �, o z '. s` C�� . � .� ;. � �,,� "' 1 � G �»3 c � / N CN� �' 7 7 8'.f � 7�03 1�� ____ -.� �s% � 773� ,.. ., I�,-j T" T 7J o : . I � j�l �lrJ(t) '� I �� : �a' � � l�) .._ .. ,.� .. � �'' 7700 . . I� r�s� (�) < eewi�,r.�r. '�,� � � �.i nn- � � :� -��.. ,. � � � � � � ;O � �� 4 , �r : T! ^ i �� ... G : 3 u' 8s _ '- . - ----!_ .__.! LOCATION MAP RESOLUTION NO. - 1989 RESOLIITION ORDERING IMPROVEMENT AND FINAL PLANB AND SPECIFICATIONS AND ESTIMATES OF COSTS TBEREOF: STREET IMPROVEMENT PROJECT NO. 8T. 1989 - 2 WHEREAS, Resolution No. 98 - 1988 adopted on the 17th day of October by the City Council, ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolution No. 98-1988 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer system, and other facilities located as follows: UNZVER3ITY AVE. WEST 3ERVICE DRIVE 83RD ST. 500 FT. NORTH That the work involved in said improvements as listed above shall hereafter be designated as: STREET IMPROVEMENT PROJECT NO. ST. 1989 - 2 2. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 3. That the Public Works Director, John G. Flora, City Hall, Fridley, Minnesota, is hereby designated as the Engineer for this improvement. He shall prepare final plans and specifications for the making of such improvements. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THI3 27TH DAY OF FEBRDARY, 1989. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK �o •. . � . � � . �- � � � 1' $4-�, 1�iA� � . � . � � . .� . . . (' . . • ' , r'�i''� � � -'F"'.1. i i� '. . . ��.` . . � �. �• . � � .�., � • � . ; , , . . . ' ' O ' ' . . . � . . . � , , Q � . � � � � . O'Q' 3 l � � � , ' � � . � .. . ,' . � . . � • • � � �. � � ' n� i yG , � o.EV= e�s. �' Z :�a�. � • � i�� NS�, ,. � '• � � � , � . � � ; � TM.2 ,� W . � i O.EV.=8T6.0 � �,,,, : ' , �-- �----• � i�:�., ' . � APF'FtOXtMAT'E � 9UILD�IG ' . > .. 1�CATION 100 X 100 � M, c • , �� . � • ' � � . � � . . ,. . , - � .. � " � � � � 83rd AVE. H.E. . - � �. .. , , � � �. � .. � ■ � .. , 6.M. W �' �ob no. ' � . . . � . ,, . X-880SJ � z . . ,; � , ' � - . � ' dat� � '; � � �. . � . •;` • ' S-I�-99 � , � , '' . - ,. , . drawn ., � BENCHMMif�� TDP OF HYDRANT. ELEV.s8T9.0� . '' � � � MJP ', � • • � ch�ck�d l � � 1 , , '� � SO1L 1NVESTIGATION $UBTERRANEAN +�+t�t O�iTNOP�AEDIC C�WIC BU�OINQ � E N G 1 N E E R I N.G�,,�, Q R.P.� •� � S�'�►�FR10L:E1F:.�:�: MN. M I n n e s o t a • :Minneapolis. � �, �T�N Q�� k"'x "x C O N S U L T I NG S O I L E N G I N E E R S SURt�EONS . ....._...... -�� _, . 11 RESOLOTION NO. - 1989 RESOLIITION ORDERINQ IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST. 1989 - 2, ADDENDIIM #1 WHEREAS, Resolution No. 11-1989 adopted on the 23rd day of January by the City Council, ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this proj ect . NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolution No. 11-1989 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including gradinq, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer system, and other facilities located as follows: COMMERCE LANE 73RD AVE. TO OSBORNE RD. That the work involved in said improvements as listed above shall hereafter be designated as: STREET IMPROVEMENT PROJECT NO. 3T. 1989 - 2, ADDENDUM #1 2. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 3. That the Public Works Director, John G. Flora, City Hall, Fridley, Minnesota, is hereby designated as the Engineer for this improvement. He shall prepare final plans and specifications for the making of such improvements. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF FEBRIIARY, 1989. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK � ,rw. ..� �^� 0 \ awca� . 1 �� 'L..� �• r ' � V ,J .��v. v �:� .., � � e� � � l:� � 3 i• �� ;�� ' � '�� ''1 `� ,� � '��!� .^`�. G V 7 J'� ,�"� ,, �t ��:i 7'7 > J � )� �..��'i�'�'�•,�) 1�', �' � 3 J .r. ;� � a;a,�..�� , . > 3 A : ��i� �� 3° � t �� ..... w,. � .• , i �' �� wa � � .� " . , �1 � ,.� '�� i a4a ��i �""" �\ n w. r �� i �� _ �', Z�� c ,', � -.��. � f� \� ., 3 �•� � 3 `.� IIi \� � �,�, „� Cr, I�a yM :� `"--- �\ �... \" J 1 t ; ., � � �3 4..• � � J J Qr �[KM�7 .� ` � _ '•\ J ,'� �•' Q+� 4 d'� \ / ,r . .� � ° 8 1 ,« •' - '�', ��V�00� • A \ 1 �,Oti+�l �� 1 \ ,' �� '\ ``,� \�,� �'��.;• � , \ w�• `�« \NNI� e� 4� ��,` .:::.:::::� b 6 O� 2 > J X O � � i m I � � 4 0 � 1 � � u 1 a - a .� .,.� � 'S� � � �� wn .w / �• � t � •'+ i� r 0 ....�.� • e�„ r w. .. ww C M w. ,o•, 1M _ M �. � � � �� a � �J en.i� �s�.�...� .�e� / � pA'_ �1�i� � I1w �f �� ,... � � ..�" l�� , ,.1, cc.. �c�.� � i;; ,% . � ..,: 1 � M LO �w� \•. 11 I .e.. � , � .ea.<... �.ca...� • �' ww � '►600 ....�. • �!' w7 �J �:1. �� ..��n ' `(F �� G' • yQ i �a.» ° i �■o � J r�aW/ �� :� � s� � ., n w Ij �{ � ij = � s i � �9t'. 11oea M��•e� „� 11 A C+�y 11o�N: � 229 t � CaMay M�: i�.li •.. s�e�• M�r�: �0.�0 1M�•• e.�..�.�..�. .�.. s�� Pel�e� � 9� 1 � Ci/y M�11 071-34• [�AAP EXPLANATION �Wk RoN Iw�ic Re.� r. s. •.s. ---= i�i�at� Ita� L��7_ fat�r� V►ep��A 110�� = R�ilrea� TrKt� �••� Cify lawN�ry l��its � In/M�1�t• Nvy. ❑ MnMaf� Ste» Nrry. Q Anota CowMy M.y. 100 Naa� NuwMrin' t dwro� � NOl��iY) S C�1111�1 � MYeiti�01 eYilain9t ••�P Pa.r• 1 �o Post' Offie� : �� :;.�ti a,e�K scnem aoye,+r ��1�� RNaf SCMd Fi�/�i . � • D'r . 1 �! •'". ____ '. ' C A' i -' - " " "'�" .. � •` "" — ; — � .. i ...... �w �.._ �. ...�. uw rr Mo» '«...•... w .., ..... ...<. J �4v �/ ��_ �� M •� � ��a.�• ry * I� ♦r� �� M ; � Ar• ` } J ...a :� � C �... ' . a ii�i�r wu .. sr +, n �y 1 �� - � � :� • � ► , . � a.. �' � , j ,i _ � . � �/ � � ! � a -� w. �' 3'; � �'�; • � . �, .w 7 ,�' � �fOY►WYl � � � a � � � �.� � � �l ! . I w .3 � � � '„7 � li � — , ,i. �'��, ..+5^•� _ .�. ...... � � �' .� "� :� ,"'� . ) � J �� «w �e�an r �' �� 1 � ...«.-- .., �� J i� � � c ''e .. j i a� i, � , �� Q � � .....w..� � �� ;! := / / `2 J� � l� �V� A. !1 . ��.I�s µ � . . _ . - -- - s �� ... ...:. •� n � IOCKE ` Pa �� .�� `y 8 .v� �, y �o a..,.« ; � � � 8 � o dL) 4 ■ s. '� � ., � • • n} ',� {.t : � � � �.� (� �' � • q L C ? a • p, � 'a A � 6� p � O 4 wr * % L1 E% 1 ' + •� r�• � � � � O, �+ � '3 a.+ ^ • s 4 v� G J .� ... .... .... .' ' • ' � ' � ` J 12 RESOLIITION NO. - 1989 RESOLIITION ORDERING IMPROVEMENT AND APPROVAL OF PLANB AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 1989-1 AND ST. 1989-2 WHEREAS, Resolution No. 19 - 1989 adopted on the 13th day of February 1989, by the City Council received the Preliminary Engineering Report and the petitions for the improvements in Street Improvement Project No. ST. 1989 - 1. WHEREAS, Resolution No. 20 - 1989 adopted on the 13th day of February 1989, by the City Council received the Preliminary Engineering Report and the petitions for the improvements in Street Improvement Project No. ST. 1989 - 2. WHEREAS, Resolution No. 12 - 1989 adopted on the 23rd day of January, 1989, by the City Council received the Preliminary Engineering Report and the petitions for the improvements in Street Improvement Project No. ST. 1989 - 2, Addendum #1. WHEREAS, Resolution No. - 1989 adopted on the day of , 1989, by the City Council, ordered the improvement and final plans and specifications and estimates of cost for the improvements in Street Improvement Project No. ST. 1989 - 1. WHEREAS, Resolution No. - 1989 adopted on the day of , 1989, by the City Council, ordered the improvement and final plans and specifications and estimates of cost for the improvements in Street Improvement Project No. ST. 1989 - 2. WHEREAS, Resolution No. - 1989 adopted on the day of , 1989, by the City Council, ordered the improvement and final plans and specifications and estimates of cost for the improvements in Street Improvement Project No. ST. 1989 - 2, Addendum #l. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolution No. 18 - 1989 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Northco Drive 2. That the following improvements proposed by Council Resolution No. 98 - 1988 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: 83rd Ave. 500 feet north 3. That the following improvements proposed by Council Resolution No. 11 - 1989 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Commerce Lane�(73rd Avenue to Osborne Road) RESOLUTION NO. - 1989 Page Two Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer system, and other facilities located as follows: NORTHCO DRIVS 83RD AVENLTE 500 FEET NORTH COMMERCE LANE (73RD AVENIIE TO OSBORNE ROAD) That the work involved in said improvements as listed above shall hereafter be designated as: STREET IMPROVEMENT PROJECT NO. ST. 1989 - 1& 2 4. The plans and specifications prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretafore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby approved and shall be filed with City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for (3) three weeks (at least 21 days) , and shall specify the work to be done and will state the bids will be opened and considered at 11:00 A.M. ON THE 12TH DAY OF APRIL, 1989, in the Council Chambers of the City Hall and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5�) of the amount of such bid. That the advertisement for bids for STREET IMPROVEMENT PROJECT NO. ST. 1989 - 1& 2 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CTTY COUNCIL OF THE CITY OF FRTDLEY THIS 29TH DAY OF FEBRUARY, 1989. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 12A .�Xs; „a�� \\ � r_� �;��► POLICE DEPARTMENT City of Fridley Minnesota DATE JANUARY 26, 1989 FROM PUBLIC SAFETY DIRECTOR, J.P. SUBJECT RESOLUTION FOR COUNCIL ACTION r� � � .. M�VIORANDUM TO BILL BURNS A r1' ACTION INFO XXX Enclosed is a resolution authorizing execution of a loan agreement with the State of Minnesota for portable breath testing instruments. It is requested that this resolution be placed on the February " 27, 1989 council agenda. This is basically a house keeping item with the last resolution on the same subject passed on the 27th of February 1984. The resolution provides the legal framework for the State of Minnesota to provide the City of Fridley with a protable breath test instrument utilized in pre-screening suspected drunk drivers. JPH/sa RESOLIITION NO. - 1989 RESOLIITION AOTHORIZING E$ECIITION OF A LOAN AGREEMENT WITH THE STATE OF MINNESOTA FOR PORTABLE BREATH TESTING INSTRIIMENTB WHEREAS, the State of Minnesota, Department of Public Safety (hereinafter referred to as "DPS"j has received grants of money through section 402 of the�Federal Highway and Traffic Safety Act of 1966 or through other sources for the purchase of preliminary breath test instruments; and WHEREAS, DPS desires to provide a mechanism through which local law enforcement agencies may use these preliminary breath test instruments to assist them in the detection of drivers who are in violation of Minnesota laws relating to traffic and highway safety. NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley enter into an agreement with the State of Minnesota, Department of Public Safety for the purpose of receiving from the State of Minnesota, Department of Public Safety, preliminary breath test instruments on a loan basis for use by law enforcement officers to assist in the detection of motorists who may be in violation of Minnesota Statutes Section 169.121, or local ordinances in conformity therewith. PASSED.AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1989. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK l[�1�' 14 � MEMO TO: THE MAYOR AND CITY COUNCIL ��. FROM: WILLIAM W. BURNS, CITY MANAGER SUBJECT: CLEAN INDOOR AIR (NO SMOKING.j POLICY FOR THE RENOVATED MUNICIPAL CENTER DATE: FEBRUARY 2, 1989 Attached please find a draft of a"Clean Indoor Air Policy for the Renovated Municipal Center" which stops just short of declaring the renovated buildinq a completely smoke free area. I welcome your comments, suggestions, and reactions to this proposal. At this moment it is my intention to place consideration of a motion approving this no smoking policy for the renovated Municipal Center on the agenda of the February 27, 1989 meeting of the City Council. i4A MEMO TO: FROM: DATE: SUBJECT: ALL CITY EMPLOYEES WILLIAM W. BURNS, CITY MANAGER MARCH 3, 1989 CLEAN INDOOR AIR POLICY FOR RENOVATED MUNICIPAL CENTER In recent years it has become increasingly evident that tobacco smoking poses serious health problems. According to James Kelsey, MedicaZ Director for Northwestern Bell in 1986, "Smoking is a direct cause of emphysema as well as cancer of the mouth, throat and lungs. Smoking has also led to an increase in respiratory diseases, such as chronic bronchitis; and vascular diseases, such as strokes and heart attacks." smoking is a problem for non-smokers as well as smokers. According to the Surgeon General, C. Everett Koop, "it is now clear that disease risk due to the inhalation of tobacco smoke is not limited to the individual who is smoking, but can extend to those who inhale tobacco smoke emitted into the air." For the past twenty years every package of cigarettes has carried a warning about the dangers of smoking. In 1975 the Minnesota State Legislature passed the Minnesota Clean Indoor Air Act (Minnesota Statutes 144.411 to 144.417) "to protect the public health, comfort and environment by prohibiting smoking in public places and at public meetings except in designated smoking areas." On a positive note the Wellness Program for City Employees has provided an incentive for non-smokers. As we prepare for occupancy of Center, it is important that we appears to be an opportune time building which incorporates the of inedical knowledge. the renovated Fridley Municipal keep these facts in mind. This to initiate a policy for the new letter of the law and the spirit Accordingly, in recognition of the fact that the City of Fridley has an interest in encouraging healthy lifestyles among its employees and to assure that the City of Fridley is in compliance with the Minnesota Clean Indoor Air Act, the following policy shall be effective with the occupation of any newly constructed or renovated areas of the Municipal Center: Tobacco smoking shall not be permitted in any portion of the Municipal Center with one exception: The apparatus floor in the Fire Department will be designated as an area where smoking is permitted. For purposes of this policy, smoking includes carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment. e All City Employees March 3, 1989 Page 2 Employees who now smoke and wish to cease smoking are encouraged to take advantage of the smokinq cessation programs sponsored by their health care providers. A list of other smokinq cessation programs, some of them free of charge, is available upon request from the Personnel Division of the City Manager's Office (ext. 123, 152, or 153). In addition, the Employee Wellness Program established June 5, Z985, is hereby amended to read as follows: In lieu of 1.5 wellness days off, once a calendar year the City will reimburse a permanent employee up to $l00 for a membership in a health or fitness club or smoking cessation program for the permanent employee or a fam�.ly member. A paid-on-call firefighter may receive similar reimbursement for earning points equivalent to 1.5 days off. Your cooperation in healthy environment Municipal Center. WWB:ch observing this policy will help to create a for all those who work in or visit the Fridley . � 1� �s �a N :aa �^ � � H E- � W � � U �O < � a�r,-� E� • (� � � O C --+ t� O 'r� �..' � � � '%l0a a � � A o. E�-� X < � OWC �. U �o -., a a. o wM U U M i � U �� <� �- �� F � < a x >- E^ H U m; , m, �, �, , , �; � � � V� I � � � N i � i i B � m � � � � N � �0 � ..�a a � � a n� � � � � I I I I � I I m I I (V I i .-� i � �- a � � i E- < •� i I M '.� � � I C� C!1 �0 i i . i i N i i N i i i i i i i 1 � 1 � I � � x � W O � � GC E- N 1 M < 1 � (n � i �N � 1 B � � � i a N i �-Vi F Oi � > ae � 1 M W I� i U U . � N � � 1 � 1 � �� U.� 0�<C 0. � � E- i O � i V O � V � � � < � � � �, i c� 1 M �a �o z� o� c� �, � w E- � a c� � cn w � u� � mmmmm�m��mmm� mmmm�mm��m�� mmmmmmmm��mm� ��►� F% � � i��l Z � � � z O z J f-+ F _ � G � G 1� "� � a �.. � t�t [— O Z Y s C� fJI �+] [� e � � F N � � � E� m; �� m � m i i � i � � UF � � m m I � � m i � �; , �, �, �, �, N � � � . 1 � i t1/ � i i i i m � � � � � � a�0 � � � , � u�i � � �n � i N i I (�y 1 I I I I 01 I 1 � I 1 . I � N i � .� i i N i i � i i � i I � I i C1 i i i i i i i i 1 1 � 1 B � � vi � � � � i t N i � � .� � 11/ i t�p i i � I � � i t�ri 1 � � � �$a , „ „ „ �„ �„ �„ .„ �„ �n I n 11 I u . � 0 u u ii ia i � u iu I n 1 �� . �� i �� i �� 1 11 11 11 11 11 i 11 � 11 . tl �u ,u � u u � u . u . 11 .0 � u h u n u u 11 � 11 , 11 . a � a ) o � u .0 , 11 ) i� � u �► u u u � 11 o n u D �� M �� V o u V�� D �� .0 � u ry u d' N �Ilt F x z w U ` � H t!� [s,. ..] � O. O O G. H F t > W fal a• a c� < a x n, < J ` m Engineenng Sewer Watcr Parks Slreelti Mamten,�nce MEMORANDUM . TO: William W. Burns, City Manager�l�� PW89-36 . FROM: John G. F1ora,fPublic Works Director DATE: February 24, 1989 SIIBJECT: Fridley Municipal Center Improvement Praject Na. 189 Change Order No. 5 This past week, Proposal Requests No. 51 and 53 have been received and processed by Kraus-Anderson. The change order is summarized below: Change Order No. 5: Proposal Req,uest #51 - adding restrooms to the employee lunch area for an estimated cost of $25,000.00. Proposal Request #53 - relocating Fire Department air compressor from lunch area for an estimated cost of $6,000.00. CHANGE ORDER NO. 5 TOTAL: $31,000.00 Since these changes are beyond the original scope of the renovation project, they should be considered as an additional budget authorization of $31,000.00. Recommend the City Council approve Change Order No. 5 for a not to exceed amount of $31,000.00. JGF/BN/ts Attachments �� -r- • i'. � Eng�neenng Sewer VVdICt Parks Stree�5 Mci�nlCnance MEMORANDUM �'�. TO: William W. Burns, City Manager �. PW89-41 FROM: John G. F1ora,YPublic Works Director DATE: February 24, 1989 SUBJECT: Sales Tax Savings Our Project Manager, Tom Sackett, for the Fridley Municipal Center Improvement Project #189 has informed us that a substantial savings can be achieved by eliminating the sales tax for some of the materials and services still to be procured and applied to the proj ect . Since this sales tax reduction could amount to a considerable savings to the overall cost of the project, it is staff's recommendation that the Council authorize the Mayor and City Manager to modify the existing contracts, where appropriate in order to achieve a cost reduction for the materials and services to be received. JGF/ts 19A I- • ��