03/20/1989 - 5386E
, RICR PRIBYL
FINANCE DIRECT(3R
COUNCIL MEETING
MARCH 20, 1989
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FRIDLEY CITY COIINCIL MEETING
F�D� ATTENDENCE SHEET
MONDAY MARCH 20 , 1989
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
��ITEM
PRINT NAME (CLEARLY) ADDRESS NUMBER
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FRIDLEY CITY COUNCIL
F��� MARCH 20, 1989 - 7:30 P.M.
PLEDGE OF ALLEGIANCE:
PREBENTATION OF AWARDS OR PROCLAMATIONS;
Fair Housing Month - April, 1989
APPROVAL OF MINIITEB:
Council Meeting, February 27, 1989
Council Meeting, March 6, 1989
ADOPTION OF AGENDA:
OPEN FORUM. VIBITORB:
.
(Consideration of items not on agenda - 15 minutes)
POBLIC HEARING:
Public Hearing on a Vacation, SAV #89-01,
by WDBH Realty Company for Northtown Nissan .. 1- 1 I
OLD BIISINE88:
Consideration of a Special Use Permit,
SP #$$-15, by Community Development
Corporation . . . . . . . . . . . . . . . . . : 2 - 2 M
Council Meeting, March 20, 1989
OLD BOSINESS (CONTINIIED):
Page 2
Consideration of Appointments to City
Commissions . . . . . . . . . . . . . . . . . . 3 - 3 A
NEW BIISINE88:
Consideration of First Reading of an
Ordinance Amending Section 4.06 of
the Fridley City Charter . . . . . . . . . . . . 4 - 4 E
Consideration of First Reading of an
Ordinance Approving a Rezoning, ZOA
#88-04, by Community Development
Corporation . . . . . . . . . . . . . . . . . . 5 - 5 K
Consideration of Eliminating a Condition
of Approval of VAR #88-26, by Stylmark, Inc.
6536 Main Street N.E. . . . . . . . . . . . . . 6 - 6 K
Consideration of Amending MPCA Substate
Agreement for the Moore Lake Restoration
Project
and
Consideration of a Resolution Authorizing
the Mayor to Execute the Agreement on
Behalf of the City . . . . . . . . . . . . . . . 7 - 7 D
Consideration of Approving and Correcting
Change Orders No. 1, 2 and 3 for the Fridley
Municipal Center Improvement Project No. 189 .. 8- 8 F
Council Meeting, March 20, 1989
NEW BIISINE88 (CONTINDED):
Page 3
Consideration of Change Order No. 6 for the
Fridley Municipal Center Improvement Project
No. 189 . . . . . . . . . . . . . . . . . . . . 9 - 9 D
Consideration of Receiving Bids and Awarding
the Contract for Lake Pointe Development
Maintenance Project No. 187 . . . . . . . . . . 10 - 10 B
Consideration of Receiving Bids and Awarding
the Contract for Street Improvement Project No.
ST. 1989-10 (Sealcoat) . . . . . . . . . . . . . 11 - 11 B
Consideration of Receiving Bids and Awarding
the Contract for 1989 Miscellaneous Concrete
Curb, Gutter and Sidewalk Project ....... 12 - 12 B
Consideration of a Resolution Supporting
Motor Vehicle Excise Tax (MVET) Funding
for Street Construction . . . . . . . . . . . . 13 - 13 A
Consideration of a Resolution Opposing
the Testing Surcharges Proposed by the
Minnesota Department of Health . . . . . . . . . 14 - 14 C
Council Meeting, March 20, 1989 Page 4
NEW BIISINE88 (CONTINt1ED):
Consideration of a Resolution Anthorizing
the Posting �f "No Parking" Signs on Both
Sides of University Avenue West Service Drive
Drive (M.S.A.S. 341) in the Area of the
Turning Lar�e Immediately North of 83rd Avenue . 15 - 15 B
Consideration of a Resolution Imposing
Load Limits on Public Streets and
Highways in the City . . . . . . . . . . . . . . 16 - 16 C
Consideration of a Resolution in
Support of Children's Agenda . . . . . . . . . . 17
Receiving the Minutes of the Charter
Commission Meeting of January 30, 1989 ..... 18 - 18 H
Claims . . . . . . . . . . . . . . . . . . . . . 19
Licenses . . . . . . . . . . . . . . . . . . . . 20 - 20 C
Estimates . . . . . . . . . . . . . . . . . . . 21 - 21 E
Adjourn:
THE MINIJT$S OF T8R FRIDLBY CITY CODNCIL
8$HRII7ilRY Z7, 1989
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THE MINIITEB OF THE REGIILAR ME$TING OF THE FRIDLEY CITY COIINCIL OF
FEBRIIARY 27, 1989
The Regular Meeting of the Fridley City Council was called to order
at 7:45 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson,
Councilman Schneider, Councilman
Fitzpatrick and Councilman Billings
MEMBERS ABSENT: None
APPROVAL OF MINUTES:
COUNCIL MEETING, FEBRUARY 13. 1989:
MOTION by Councilman Fitzpatrick to approve the minutes as
presented. Seconded by Councilman Billings. 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: (20) Consideration of
Receiving Bid and Awarding Contract for Hollow Metal Doors for the
Police Detention Facility.
MOTION by Councilman Schneider 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:
There was no response from the audience under this item of
business.
PUBLIC HEARING•
1. 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 IACATED_AT 5110 MAIN
STREET N.E.. BY API SUPPLY COMPANY:
MOTION by Councilman Fitzpatrick to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27 1989 PAGE 2
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
7:50 p.m.
Ms. Dacy, Planning Coordinator, stated this request involves the
replat of a portion of Lot 3, Auditor's Subdivision No. 79,
generally located at 5110 Main Street N.E. She stated the replat
is needed in order for the petitioner to mortgage their building
located at this site. Ms. Dacy stated the property is about 18
acres and zoned M-2. She stated the property was originally owned
by Burlington Northern, Inc. and recently sold to Glacier Park
Company. She stated Glacier Park Company will own both of the lots
to be subdivided, but will lease the northern lot (Lot 1) to API
Supply Company and the other lot will be vacant.
Ms. Dacy stated the Planning Commission recommended approval of
this lot split with two stipulations regarding the park fee and a
bikeway/walkway easement.
No persons in the audience spoke regarding this proposed plat.
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.
OLD BUSINESS•
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 IAT 10 EXCEPT THE WEST 75 00 FEET THEREOF
GENERALLY LOCATED AT 1300 SKYWOOD COURT N.E. BY WILLIAM
SHIELDS: (TABLED 2/13/89):
AND
RESOLUTION NO. 23-1989 APPROVING A SUBDIVISION 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.:
Ms. Dacy, Planning Coordinator, stated it was discovered at the
last meeting that this parcel to be split would need a variance as
the lot would only be 75 feet wide, instead of the required 80 foot
width for a corner lot. She stated this lot split was previously
approved in 1964, but was never recorded and is again before the
Council for consideration.
Ms. Dacy stated the Chairman of the Planning Commission was
contacted to determine if the question of the five foot variance
should be submitted to the Planning Commission. She stated he did
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27. 1989 PAGE 3
not feel it was necessary.
Ms. Dacy stated the Planning Commission has recommended approval
of this lot split with three stipulations which she outlined and
are attached to the resolution as Exhibit A.
Councilman Billings stated one of his concerns is if there ,is
enough space, when the driveway is moved onto the larger lot, for
ingress on the east side.
Mr. Shields stated he may have to trim a tree, but he has plenty
of room. He stated he did not feel the line was correct and knew
where his driveway was located and would move it off.
Councilman Billings stated one of the main reasons he requested
this item be tabled at the last meeting was because if the lot
split was approved, it would create a substandard lot. He stated
after much thought and another look at the site, it seems the most
logical thing to do is to approve this lot split with the 75 foot
lot because it is the highest and best use of that particular piece
of property.
Ms. Dacy stated the proposed lot does function as a separate lot
and because an adequate buildable area is achievable, denying the
variance would be forcing under-utilization of the subject
property. She stated granting the five foot variance would not be
causing an overcrowded condition. Ms. Dacy stated the subdivision
ordinance permits the Council to grant a variance to the ordinance
requirements if the variance would not be contrary to the intent
and purpose of the subdivision ordinance or other applicable
regulations. She stated the City Attorney has reviewed this
application and agrees with the staff's analysis.
MOTION by Councilman Billings to adopt Resolution No. 23-1989
approving L.S. #88-07 and, further, to grant the five foot variance
to reduce the lot width from 80 to 75 feet. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
3. ORDINANCE NO. 920 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:
MOTION by Councilman Schneider to waive the reading and adopt
Ordinance No. 920 on the second reading and order publication.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
NEW BUSINE5S:
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1989 PAGE 4
4. CONSIDE�2ATION OF AN AGREEMENT WITH SCHOOL DISTRICTS TO TURN
BACK REFERENDUM LEVIES:
Mr. Pribyl, Finance Director, stated th�s agreement with the School
Districts has been drafted by Mr. James O'Meara. He stated it is
in regard to turning back referendum levies in conjunction with tax
increment districts. He stated the agreement provides some safety
in regard to the inclusion of the City's pre-1979 Districts. He
stated if a future court decided 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. Pribyl stated the agreement has been previously discussed with
the Council and approved by the Housing and Redevelopment Authority
at their last meeting. He stated the HRA requested the agreement
be forward to the Council for approval. He stated if Council
approves the agreement, it would be submitted to each of the School
Districts for their approval.
Mr. Pribyl stated if the agreement is executed, the City when
receiving tax settlements would forward the School Districts'
portions to them. He stated there may, however, be some
delinquencies.
He stated the return to the School Districts which includes taxes
payable in 1988 are as follows: School District #li, $4,711.25;
School District #13, $5,754.92 and School District #14, $56,013.08
or a total of $66,4'79.24. He stated the estimates for 1989 are as
follows: School District #11, $4,711.25; School District #13,
$5,754.92 and School District #14, $104,067.80 or a total of
$114,533.97.
Mr. Burns, City Manager, stated he has spoken with Dr. Rens in
regard to this agreement and it meets with his approval.
MOTION by Councilman Schneider to authorize the Mayor and City
Manager to enter into agreements with School Districts No. 11, I3,
and 14 for the return of tax increment monies. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
Mr. Jim Furgason, Chairman of the School Board for District �14,
expressed his thanks to the Council in working through this
process. He stated it has been a long process for both the City
and School Board and appreciated the Council's action.
5. RESOLUTION NO. 24-1989 ORDERING IMPROVEMENT AND FINAL PLANS
AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER
SANITARY SEWER AND STORM SEWER PROJECT NO. 188:
�RIDLEY CITY COUNCIL MEETING OF FEBRUARY 27. 1989 PAGE 5
Mr. Flora, Public Works Director, stated this resolution is to
approve the final plans and specifications for water, sanitary
sewer and storm sewer for the Northco plat.
MOTION by Councilman Billings to adopt Resolution No. 24-1989.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
6. RESOLUTION NO. 25-1989 ORDERING IMPROVEMENT APPROVAL OF PLANS
AND ORDERING ADVERTISEMENT FOR BIDS: WATER. SANITARY SEWER
AND STORM SEWER PROJECT NO. 188:
MOTION by Councilman Billings to adopt Resolution No. 25-1989.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
7. �tESOLUTION NO. 26-1989 ORDERING IMPROVEMENT AND FINAL PLANS
AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET
IMPROVEMENT PROJECT NO. ST. 1989-1:
Mr. Flora, Public Works Director, stated this resolution pertains
to the streets for the Northco plat.
MOTION by Councilman Billings to adopt Resolution No. 26-1989.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
8. CONSIDERATION OF AN AMENDMENT TO DEVELOPMENT AGREEMENT FOR
VANTAGE COMPANIES:
Mr. Robertson, Community Development Director, stated the City
entered into a development agreement with Vantage Companies in
March of 1986 for parcels of land between 81st and 83rd Avenues on
the west side of University. He stated Section 4.4 of the
development agreement states "that on the southeast parcel there
shall not be located 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." He stated Vantage
Companies would like to develop a 9, 200 square foot shopping center
on that parcel containing a Texaco "C" store, with gas pumps, which
would occupy 2,600 square feet of the center.
Mr. Robertson stated in researching the background, Mr. Newman,
Assistant City Attorney, was contacted as he was present when this
language was drafted. He stated he is of the opinion that the
proposed Texaco convenience store represents the type of use the
Council intended to prevent. Ae stated it is staff's opinion the
present language clearly prohibits this type of proposed use. He
stated if the Council wishes to allow this use, the development
agreement would have to be amended.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1989 PAGE 6
Mr. Tom Roberts, Vice President and Manager of the Minneapolis
Retail Division for Vantage Companies, stated Texaco approached
Vantage Companies to construct a convenience store with gas pumps
and a canopy on their site at 81st and University. He stated he
is not here to debate the language in the development agreement,
but to obtain input from the Council. He stated the proposed
convenience store would occupy about 2,600 square feet or 25
percent of the total development of this shopping strip. He stated
they intend to construct buildings that are aesthetically pleasing
and harmonious to the area. He stated a cleaners is proposed to
be located in this center and there would be room for about three
other tenants.
Mr. Roberts stated before Vantage Companies proceeded any further,
they wished to determine what the Council foresees for this
property.
Councilman Billings stated he was not a member of the Council at
the time the development agreement was executed, but has done
extensive research on this question. He thanked Vantage Companies
for approaching the Council before proceeding with any final plans.
He stated the Council is trying to get away from automotive type
businesses along University Avenue as it is the City's '�Main
Street." Councilman Billings stated the HRA is proposing a
considerable amount of improvements along University Avenue which
will be beneficial to the City.
Mr. Roberts stated he felt a shopping strip would be more
aesthetically pleasing than, for instance, a free-standing
restaurant on this outlot and would allow a broader tax base.
Councilman Billings stated he did not have a problem with a
cleaners or convenience store, as long as there is no selling of
gasoline. He stated it may not be economically feasible today to
construct a strip mall, without the sale of gasoline, but this
situation may change. He stated developers are in the market for
today, but whatever is constructed on the site remains in the City
forever.
Mr. Roberts stated Vantage Companies would construct a quality
project and felt they have proven themselves with the other
construction in this area.
Councilman Schneider stated the Council was very specific when
Vantage Companies began construction and there was a lot of
negotiation on the exterior finish of the Wholesale Club. He
stated he would not favor the Texaco proposal for this parcel.
Mr. Roberts stated McDonald's is going to relocate and they are
looking at this parcel or another one in Fridley. He stated if
the Council prefers a McDonald's on this site, Vantage Companies
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27. 1989 PAGE 7
would not lose any money because they would sell to McDonald's.
Mr. Burns, City Manager, stated the Council's concern is broader
than Vantage's property. He stated to allow a gas station
contradicts other efforts being undertaken to make improvements to
University Avenue.
Councilman Billings felt, at this point, he did not wish to propose
an amendment to the development agreement.
MOTION by Councilman Billings to table indefinitely. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
9. CONSIDERATION OF SETTING A PUBLIC HEARING FOR A VACATION. SAV
#89-01, BY WBDH REALTY. NORTHTOWN NISSAN, FOR MARCH 20, 1989:
MOTION by Councilman Billings to set the public hearing for March
20, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
10. RESOLUTION NO. 27-1989 ORDERING IMPROVEMENT AND FINAL PLANS
AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET
IMPROVEMENT PROJECT NO. ST. 1989-2:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 27-1989.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
11. RESOLUTION NO. 28-1989 ORDERING IMPROVEMENT AND FINAL PLANS
AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET
IMPROVEMENT PROJECT NO. ST. 1989-2. ADDENDUM NO. 1:
MOTION by Councilman Billings to adopt Resolution No. 28-1989.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
12. RESOLUTION NO. 29-1989 ORDERING IMPROVEMENT AND APPROVAL OF
PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT
PROJECT NO. ST. 1989-1 AND ST. 1989-2:
MOTION by Councilman Billings to adopt Resolution No. 29-1989.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
13. RESOLUTION NO. 30-1989 AUTHORIZING EXECUTION OF A LOAN
AGREEMENT WITH THE STATL OF MINNESOTA FOR PORTABLE BREATH
TESTING INSTRUMENTS:
Mr. Jim Hill, Public Safety Director, stated this resolution would
authorize the execution of a loan agreement with the State for
_____ _
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27. 1989 PAGE 8
portable breath testing instruments. He stated it is, basically,
a housekeeping item with the last resolution on the same subject
passed on February 27, 1984.
MOTION by Councilman Schneider to adopt Resolution No. 30-1989.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
14. CONSIDERATION OF A CLEAN INDOOR AIR (NO SMOKING) POLICY FOR
THE RENOVATED MUNICIPAL CENTER:
Mr. Burns, City Manager, stated if this proposal is approved by
the Council, it would create a"no smoking" environment at the City
Hall, with the exception of the apparatus floor in the Fire
Department where smoking would be permitted. He stated this
proposal was reviewed with Department Heads at a staff ineeting. He
stated there also was discussion by Department Heads with their
employees. He stated he understands this is not acceptable to all,
but by the vast majority of employees. He stated the "no smoking"
policy would not apply to other City buildings such as the garage,
nature center, or satellite fire station.
Councilwoman Jorgenson asked if the City was looking at a program
for smoking cessation.
Mr. Burns stated this has been discussed and could be incorporated
into the "no smoking" proposal.
Mr. Hill, Public Safety Director, stated he believed most of the
health maintenance programs provide funding for smoking cessation.
He stated the Council may wish to consider special programs such
as hypnosis which is not provided by the health maintenance
providers.
Councilwoman Jorgenson felt if most health insurance carriers
provide this coverage, this would probably be acceptable.
Mr. Hill stated he has advised his employees to be prepared for a
smoke-free building in conjunction with the renovation of the Civic
Center. He stated he would not be opposed to some special program
provided by the City.
Mayor Nee felt the Council would support such a program.
MOTION by Councilman Schneider to establish a clean indoor air (no
smoking) policy for the renovated Municipal Center, with the
exception of the Fire Department's apparatus room and, further, to
offer to employees a program for smoking cessation. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, May�r
Nee declared the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1989 PAGE 9
15. APPOINTMENT: CITY EMPLOYEE:
MOTION by Councilman Schneider to concur with the following
appointment by the City Manager:
STARTING STARTING
NAME POSITION SALARY DATE REPLACES
Sherree' Smith Secretary in the $18,864.96 March 6, Evelyn
Fire Department per year 1989 Loomis
(non-exempt)
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously
16. CLAIMS:
MOTION by Councilman Fitzpatrick to authorize payment of Claims
No. 24949 through 25144. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
17. 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.
18. ESTIMATES•
MOTION by Councilman Fitzpatrick to approve the estimates as
submitted:
Civic Center Remodeling
Through January 31, 1989. . . . . . . . . . .$560,390.57
Mark J. Traut Wells, Inc.
151 72nd Ave. So.
St. Cloud, MN 56301
Repair & Maintenance of Wells 6, 8, & 11 - Project #186
Estimate No. 1 . . . . . . . . . . . . . . . . $ 2, 985. 00
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
19A. CONSIDERATION OF CHANGE ORDER NO. 5 FOR THE MUNICIPAL CENTER
RENOVATION PROJECT:
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1989 PAGE 10
Mr. Flora, Public Works Director, stated this change order covers
proposal requests No. 51 and 53 to add restrooms to the employee
lunch area for an estimated cost of $25,000 and relocate the Fire
Department air compressor from the lunch area for an estimated cost
of $6,000. �
MOTION by Councilman Fitzpatrick to approve Change Order No. 5 for
the Municipal Center Renovation Project for an amount not to exceed
$31,000. Seconded by Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
19B. RESOLUTION NO. 31-1989 TO MAKE TAX FREE PURCHASES OF MATERIALS
AND SUPPLIES FOR THE FRIDLEY CIVIC CENTER:
MOTION by Councilman Schneider to adopt Resolution No. 31-1989.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
20. CONSIDERATION OF RECEIVING BID AND AWARDING CONTRACT FOR
HOLLOW METAL DOORS FOR THE POLICE DETENTION FACILITY:
MOTION by Councilwoman Jorgenson to receive the bid from Nystrom,
Inc., 1701 Madison Street N.E., Minneapolis, Minnesota. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
Mr. Flora, Public Works Director, stated the police detention
facility requires special security doors. He stated mailings were
sent to three vendors in this business who could supply these
doors, but no response was received.
Mr. Flora stated Nystrom, Inc, was contacted and the City's Project
Manager was , able to obtain a bid to supply the necessary doors,
hardware, and gun lockers at a cost of $13,609. Mr. Flora stated
this amount is within the authorization limits of regular bids and
it would be appropriate to award the contract for metal doors,
hardware, and gun lockers to Nystrom.
MOTION by Councilwoman Jorgenson to award the contract for the
hollow metal doors, hardware, and gun lockers for the police
detention center to Nystrom, Inc., for a total of $13,609.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT:
MOTION by Councilman Billings to adjourn the meeting. Seconded by
Councilman Schneider. 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 27, 1989 adjourned at 8:39
p.m.
FRIDLEY CITY COUNCIL ME TING OF FEBRUARY 27 1989 PAGE 11
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
Approved:
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THE MII�IIITEB 08' TH8 FRIDLSY CITY COtJ�iCII+ �i$$
MARCB 6, 1989
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
MARCH 6, 1989
The Regular Meeting of the Fridley City Council was called to order
at 7:38 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson,
Councilman Schneider, Councilman
Fitzpatrick and Councilman Billings
MEMBERS ABSENT: None
PRESENTATION OF AWARDS OR PROCLAMATIONS:
VOLUNTEERS OF AMERICA WEEK - MARCH 5-12, 1989
GIRL SCOUT WEEK - MARCH 12-18, 1989
Mayor Nee stated he has issued two proclamations, one proclaiming
the week of March 5 through 12 as Volunteers of America Week and
the other proclaiming the week of March 12 through 18 as Girl Scout
Week.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda as submitted.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
PUBLIC HEARINGS:
1. PUBLIC HEARING ON AN ORDINANCE AMENDING SECTION 4.06 OF THE
FRIDLEY CITY CHARTER:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
7:40 p.m.
FRIDLEY CITY COUNCIL MEETING OF MARCH 6. 1989 PAGE 2
Mr. Hunt, Assistant to the City Manager, stated this is, basically,
a housekeeping item submitted by the Charter Commission. He stated
in 1985, there was a problem with the City Charter, as it was in
conflict with State laws regarding the time for filing nomination
petitions. He stated this same thing occurred in 1988 and the
Charter Commission felt it would be better to change the language
in the Charter to be less specific and the time for filing for
nomination petitions should be governed by State law.
Mr. Hunt stated the language now in the Charter states that
nomination petitions are to be filed "not more than one hundred
thirty (130) days nor less than one hundred (100) days before the
general election." He stated the Charter Commission is
recommending that this terminology be changed to read that "All
nomination petitions shall be filed with the City Clerk in
accordance with Minnesota State Statutes."
Mr. Hunt stated the opinion of the City Attorney is that the State
statutes should be followed. He stated it is felt this language
would bring the Charter into conformance with State statutes and
if changes are again made by the State Legislature, it would not
be necessary to have another Charter amendment.
No persons in the audience spoke regarding this proposed amendment.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 7:44 p.m.
NEW BUSINESS:
2. CONSIDERATION OF APPROVAL OF A FINAL PLAT, P.S. #88-03,
GLACIER PARK COMPANY ADDITION BEING A REPLAT OF THAT PORTION
OF LOT 3, AUDITOR'S SUBDIVISION N0. 79. GENERALLY LOCATED AT
5110 MAIN STREET N.E., BY API SUPPLY COMPANY:
Mr. Robertson, Community Development Director, stated the public
hearing on this plat was held on February 27, and it is recommended
the Council approve the final plat with the stipulations
recommended by the Planning Commission. He stated a resolution for
final plat approval will not be submitted until the mylars are
reviewed.
MOTION by Councilman Fitzpatrick to approve final 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; and (2) a
bikeway/walkway easement shall be dedicated to the City and
recorded by August 15, 1989. Seconded by Councilman Billings.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF MARCH 6 1989 PAGE 3
3. CONSIDERATION OF DEEDING OF LAND TO THE HOUSING &
REDEVELOPMENT AUTHORITY:
Mr. Herrick, City Attorney, stated a letter to the City Manager
from David Newman dated February 28, 1989, addresses a problem that
has arisen as a result of the pending sale of the Fridley Plaza
Office Building adjacent to the City Hall. He stated the Housing
and Redevelopment Authority has entered into a new lease agreement
with the owners of the office building and part of that lease
agreement is that the owners of the building will have a non-
exclusive right to use the parking ramp that is being constructed.
He stated the problem is that it has been found the Housing and
Redevelopment Authority only owns the eastern portion of this
parking facility and the balance is owned by the City.
Mr. Herrick stated the title company for the new owners of the
office building have raised an objection and stated the Housing and
Redevelopment Authority cannot enter into that agreement because
they do not own all the parking ramp and some is owned by the City.
He stated the Housing and Redevelopment Authority cannot lease
property to which it is not the owner and the, Housing and
Redevelopment Authority is constructing a parking structure on
property which it does not technically own.
Mr. Herrick stated there are several possibilities to correct this
situation and one would be to have the City deed that portion of
Lot 7 that lies to the east of Lot 8 to the Housing and
Redevelopment Authority. He stated this would reserve to the City
non-exclusive access for parking, ingress, and egress.
Mr. Herrick stated other alternatives would be for both the City
and Housing and Redevelopment Authority to enter into a lease
agreement with the owners of Fridley Plaza Office Building or the
City lease the property to the Housing and Redevelopment Authority
and the HRA would then be permitted to enter into a sublease with
the owners of the office building.
Councilman Schneider raised the question if a portion of Lot 7 was
deeded to the Housing and Redevelopment Authority, if part of the
Civic Center would then be on HRA property.
Mr. Herrick stated this fact has not been considered, but if this
is the case, the portion where the Civic Center is located should
not be deeded to the Housing and Redevelopment Authority.
Councilman Billings stated he would be willing to support the
concept of deeding to the Housing and Redevelopment Authority that
portion of Lot 7 that is easterly of the City Hall and retain
access over the northerly portion for access to the building.
MOTION by Councilman Billings to deed a portion of Lot 7 to the
FRIDLEY CITY COUNCIL MEETING OF MARCH 6. 1989 PAGE 4
Housing and Redevelopment Authority subject to ingress and egress
easements. Seconded by Councilman Fitzpatrick.
Mr. Herrick stated the assumption all along was the Housing and
Redevelopment Authority owned the parking ramp and they would
reserve to the City a non-exclusive right to use the parking ramp.
He stated this same right applies also to the owners of the Fridley
Plaza Office Building and the public.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
4. APPOIPLTMENTS: CITY EMPLOYEES:
MOTION by Councilman Fitzpatrick to concur with the following
appointments by the City Manager:
STARTING STARTING
NAME POSITION SALARY ATE REPLACES
Connie Kampa Crime Prev. Spec. II $21,144.00 March 6 Martha
Police Dept. per year 1989 McDonnel
(exempt) ($1,762/mo.)
Todd Mitchell Patrol Officer $22,296.00 March 14 Arthur
Police Dept. per year 1989 Groinus
(partial exempt) ($1,858/mo.)
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
5. CLAIMS:
MOTION by Councilwoman Jorgenson to authorize payment of Claims No.
25145 through 25271. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
6. LICENSES:
MOTION by Councilman Schneider to approve the licenses as submitted
and as on file in the License Clerk's Office. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
7. ESTIMATES•
MOTION by Councilwoman Jorgenson to approve the estimates as
submitted:
FRIDLEY CITY COUNCIL MEETING OF MARCH 6. 1989 PAGE 5
Herrick & Newman, P.A.
6401 University Ave. N.E.
Fridley, MN 55432
For Services Rendered as City Attorney
For the Month of February, 1989. . . . . . . . . $ 5,431.90
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT•
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of March 6, 1989, adjourned at 8:01
p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
Approved:
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FAIR HOUSING MONTH
APRIL,1989
VYilliam J. Nee
Mayor
Fridley. MN
WH�REAS, tw�nty-one yturs qgo in Ti�le VIII ojth� Civil RightsAct of 1968, the FairHousing Law, Congr�ss
dtclartd a mtiona! policy of providing jair housing tl�roagltout thc Urtittd Statts, and
WHEREAS, this !aw muk�s dispimfnation Iws�d on ract. sex. color, religion, or nationul erigin i[1egal in
connection with the sa/e or rental of housing, and
WHEREAS, chc ANOKA COUMY BOARD OF REALTORS is a signatory to the Volw�tary A�'irmativt
Markeeing Agrtem�nt. a contract with tht Dtpartmtnt ojHousing end Urbon Developm�nt. �o implemtnt rtlt
VJII oj�he Civi! Riglets Act of 19i68, and �
WHEREAS, the Anokn County Communiry Housing Resource Board was established to assist tiu ANOKA
COUMY BOARD OF REALTORS in unpl�menting the Volun�ary A,Qirmativt Markttin,g Agretm�nt. and
WHEREAS, the ANOKA COUMYBOARD OFREALTORS and the ANOKA COUMY COMMUNITYHOUS-
ING RESOURCE BOARD art commilt�d to a joinl tfjor! to prtti•ent discriminating housing practic�s in tiie City
ojFridley, and
W HEREAS, tht AIVQKA COUMY COMMUNIlI'HOUSING RFSOURCE BOARD and the ANOKA COUNTY
BOARD OF REALTORS are �oining jeUow Ruouree Boards and REALTORS nationwide in this year's
obs�rvonce ca!!ed Fair Houring Month:
NOW, THEREFORE, BE 1T RESOLVED, tl�at 1. William J. Na. May� of tht Ciry of Fridley, hue6y
Proclaini April.1989. ar "
FAIR HOUSING MONTH
� J�g° "'yf���O1' �t�Z�r�s' toJei�r wtth theANOKA COUN7Y COMMUNITYHOilSING RESOURCEBOARD
and the ANOKA COUNTY BOARD OF REALTORS in t/�is obsavonce by w�Eing an octive prrrt in programs
sporttored by llust two orgonitattons, w/w this month and t/�roughout tht ytor. are wking aie octivero/e in lulpi�g
rnake Fridlty a belttr ploct to livt and work
IN W ITNF.SS W H EREOF. I Jiave st� my lia�d m�d rnused the seat ojthe Ciry ojFridley to bt o,0''urtd tlus 20tb
day ojMarch.l g�39, ,
WILLiAM J. NEE, MAYOR
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DATE:
TO:
FROM:
SUBJECT:
C01NiMUNITY DEVEL(�PMENT
DEPARTMENT
MEMORANDLiM
March 15, 1989
1�
William Burns, City Manager ��`
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Public Hearing on Vacation Request, SAV #89-
01, WBDH Realty Co.
Attached is the staff report for the vacation request to vacate �
30 foot street easement along the eastern property line of the
Northtown Nissan property. The vacation request was a condition
of approval of the special use permit approved by the Council in
1988.
After closing the public hearing, the City Council should direct
staff to prepare the ordinance vacating the street easement for
first reading.
BD/dn
M-89-132
�
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C1TY OF
fRIDLEY
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
8� ZONWG
UliJT�S
PARK DEDICATION
STAFF REPORT
APPEALS DATE
PLAN�YNG COMIWSSION DATE Febnlary 22, 19s9
C� ��dL DA� February 27_,_ _} 989
ANALYSIS
FINANCIAL IMPUCATIONS
CONFORMANCE TO
COMPREHENSNE PLAN
COMPAT161UTY WITH
ADJACENT USES 8� ZONNG
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMEI�ATlON
APPEALS RECOMMENDATION
PLANNING COMMtSSION
RECOMMENDATION
SAV #89-01
WBLEI Rea1tY �IP�Y
Zb vacate a 30 ft. street easement
qUTHpq SR / 1 a
Alcng the east property lir�e of Iat 3, Block 2, East Randz
Estates, Seoarid Additiai, e�ept �he east 200 feet thereof
generally located southwest of 7810 University Avenue N.E.
Zbtal site: 5.0 acres. E�ansi� area: 1.0 acres
N/A
C-3, General Shopping
N: C-3; S: C-3; E: Spring Lake Park, C-3, Offioe, Comreri
cial, and I. 5, Multiple D�llings; W: N�2, Heavy Industrial
�1/A
N/A
N/A
N/A
N/A
Approval with stipulations
1A
I 1 ��
Staff Report
WBDH, 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.
Staff Report
WBDH, SAV #89-01
Page 3
1C
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
State statutes require that the City Council conduct a public
hearing for a vacation request. After closing the public hearing,
it is recommended that the City Council direct staff to prepare an
ordinance for first reading to vacate the street easement.
1D
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there will be a Public Hearing of the
City Council of the City of Fridley at the COMMUNITY EDUCATION
CENTER, 6085 -?TH 5TREET N.E. on Monday, March 20, 1989 at 7:30
p.m. for the purpose of:
Consideration of a Vacation, SAV #89-01, by
WBDH Realty Company, to vacate a 30 foot road
easement located along the east property line
of Lot 3, Block 2, East Ranch Estates Second
Addition, except the east 200 feet thereof,
generally located southwest of 7810 University
Avenue N.E.
Any and all persons desiring to be heard shall be given an
opportunity at the at the above stated time and place.
WILLIAM J. NEE
MAYOR
Publish: March 1, 1989
March 8, 1989
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
SAV ��89-01
WBDH Realty Co. 1 E
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L4CATION MAP
CITY OF FRIDLEY
PLANNING COM�ISSION KEETINa, FBBRIIARY 22, 1989
---------------------------------------•-------------------------
CALL TO ORDER:
Chairperson Betzold called the February 22, 1989, Planning
Commission meeting to order at 7:35 p.m.
ROLL CALL•
Members Present: Donald Betzold, Sue Sherek, Alex Barna,
Paul Dahlberg
Members Absent: Dave Kondrick, Dean Saba
• Others Present: Barbara Dacy, Planning Coor�inator
Steven Barg, Planning Assistant
APPROVAL OF FEBRUARY 1 1989 SPECIAL PLANNING COMMISSION MEETING
MINUTES•
MOTION by Mr. Barna, seconded by Mr. Dahlberg, to approve the
February 1, 1989, Special Planning Commission minutes as written.
OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED IINANIMOIISLY.
APPROVAL OF FEBRUARY 8 1989 PLANNING COMMISSION MINUTES:
MOTION by Ms. Sherek, seconded by Mr. Barna, to approve the
February 8, 1989, Planning Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED IINANIMOUSLY.
1. CONSIDERATZON OF A VACATION SAV #89-01 BY WBDH REALTY COMPANY:�
To vacate a 30 foot road easement located along the east property
line of Lot 3, Block 2, East Ranch Estates, Second Addition, except
the east 200 feet thereof, generally located southwest of 7810
University Avenue N.E.
Ms. Dacy introduced Steven Barg. She stated Mr. Barg is helping
out until they have a replacement for Kathlyn Castle.
-1-
1G
1H
pLANNING COMMISSION 1�EETINa, FEBRUARY 22. 1989
Mr. Barg stated WBDH Realty Company is requesting a vacation of a
30 foot street easement at the above location. This vacation
request is one of seven stipulations attached to a special use
permit, SP �88-13, which was approved by the City Council on
October 3, 1988, 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 �8�-04) in connection with the
ABRA development but retained a 30 foot street and utility easement
for the site on which Northtown Nissan later sought expansion.
Mr. Barg stated that when the special use permit was approved on
October 3, 1988, the City Council raised some concern regarding
future access problems if the property were to be sold, and the
possibility of the lots to the west becoming "landlocked" was
discussed. After a consultation with the City Attorney, Virgil
Herrick, Mr. Herrick felt this problem could be avoided if the
property in question is to be combined into one tax parcel. If
Nissan wished to sell the property at a future date, it would
require a lot split, and the question of accessibility could be
addressed at that time.
Mr. Barg stated staff is recommending approval of the vacation with
the following three stipu2ations:
1.
2.
The parcels shall be combined into one tax parcel prior
to final adoption of the ordinance authorizing the
vacation.
The easement for utility purposes shall be retained as
currently described.
3. The petitioner shall execute a 30 foot drainage easement
to the City for the same location.
Mr. Betzold asked if the City is locking itself into one particular
mode of development for this area by vacating the street and,
therefore, landlocking the lots to the west.
Ms. Sherek stated she feels this is a moot point now anyway. The
City has already vacated the easement on the ABRA development, so
the property is already landlocked.
Mr. Barna stated not only was the easement vacated at ABRA, but
there was also a vacation just north of Bob's Produce, so the lot
is already effectively landlocked. Any future development would
-2 -
PLANNING COMMISSION MEETING, FEBROARY 22, 1989
have to go east to the West Service Drive.
Mr. Dahlberg stated he did not understand why there is a need to
have that drainage easement in that location. That is the high
point of the property. On the east, water drains to the frontage
road and on the west, the water drains to the low area on the west.
There would be no possibility that any drainage would even occur
in the proposed area. Was there any possibility of incorporating
a drainage easement alonq the west edge of the property?
Ms. Dacy stated there is already a drainage easement along the west
edge of the property. She stated John Flora, Public Works
Director, wanted to reserve the drainage easement in this location.
She stated Mr. Dahlberg is right, the water does drain to the east
and to the west.
Ms. Sherek stated she agreed with Mr. Dahlberg. There should be
a drainage area on the property, but not in the proposed location.
Mr. Dahlberg stated no one can build on a utility easement anyway;
and as long as the drainage easement is in the same area as the
utility easement, he really had no objection as long as the
petitioner had no objection.
Ms. Dacy stated staff would verify this with the petitioner.
MoTION by Ms. Sherek, seconded by Mr. Harna, to recommend to City
Council approval of vacation, SAV #89-01, by WBDH Realty Company
to vacate a 30 foot road easement located along the east property
line of Lot 3, Block 2, East Ranch Estates, Second Addition, except
the east 200 feet thereof, generally located southwest of 7810
University Avenue N.E., 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.
3. The petitioner shall execute a 30 foot drainage easement
to the City for the same location.
OPON A VOICB VOTE, l�LL VOTINQ AYE, CBPiIRPERBON BETZOLD DECLARED T$E
MOTION CARRIED ITNANZMOIISLY.
2. LIGHT RAIL TRANSZT UPDATE:
-3-
11
�
�
ci�nroF
F���
DATE:
TO:
FROM:
SUBJECT:
C0111[MUNIT�Y DEVELOPMENT
DEPART'MENT'
MEMORANDUM
March 15, 1989 g•
�r
William Burns, City Manager �'��
Jock Robertson, Community Development Director
Barbara Dacy, Planninq Coordinator
Consideration of a Special Use Permit,
Community Development Corporation
Attached is the staff report for the special use penait request by
Community Development Corporation, to construct 70 units of elderly
housing on the property adjacent to St. William's church. The City
Council tabled action on February 13, 1989 until further study
could be done regarding the building's exterior construction
materials.
Included in the attached report is a response from Community
Development Corporation regarding the exterior facade as well as
the staff analysis of the applicant's information. Staff
recommends that the City Council approve the special use permit
request as presented, subject to the recommended stipulations by
the Planninq Commission and subject to second and final reading of
the ordinance rezoning the property.
BD/dn
M-89-130
�
P
�► STAFF REPORT
APPEALS DATE x/A
���QF PLANWNG COMMI$$ION DATE xovember 9, 1988
FRiDLEY CRY COUN(�L DATE : Februar �3, 1989 AurFiOq BD/dn
� Mar� �
REQUEST
; PERMIT NUMBER
; APPLICANT
� PROPOSED REQUEST
, LOCATION
SiTE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
�i Z�Q�
UME$
PARK DEDICATION
ANALYSIS
FINANCIAL IMPLICATIONS
CONFORMANCE TO
COMPREHEIVSNE PLAN
COMPA'T�ILITY WtTH
ADJACENT USES 8� ZONNG
ENVIRONMENTAL
CONSIDERATIONS
� STAFF RECOMMENDATION
� APPEALS RECOMMENDATION
I PLANNWG COMMISSION
RECOMMENDATION
SP ��88-15
Community Development Corporation for the Archdiocese of
Minneapolis and St. Paul
Rezoning request from R-2 and C-3 to R-3
Northwest corner of Sth Street and 61st Avenue, north of
St. William's church.
2.79 acres
N/A
R-2 and C-3
North, R-2 (duplexes); South, C-3 (church); East, R-1
(single family); West, C-3 (strip center).
Municipal services available.
$750.00 for residential lot split.
IiRA assistance may be requested.
Yes.
Yes.
Site is depressed below street elevation,
used as a ballfield.
Approval.
N/A
currently
2A
2B
Staff Report
Community Development Corporation
SP #88-15
Page 2
REQUE5T
In evaluating a special use permit request, the zoning ordinance
states that the "City may consider the nature of the land upon
which the use is to be located, the nature of the adjoining land
or buildings, the effect upon traffic into and from the premises
on any adjoining roads, and all such other factors as the City
shall reasonably deem a requisite of consideration in determining
the effect of such use". The applicant is requesting approval of
a special use permit to construct a 70 unit apartment building to
be known as Norwood Square. The applicant indicates that of the
70 apartment units, 50 will be one bedroom and 20 will be two
bedroom units. Common areas will be provided, including laundry
rooms, storage closets, a lobby, a dining/multi-purpose room, and
a workshop and lounge.
ANALYSIS
Lot Area
The R-3 district requires 2,500 square feet per dwelling unit of
lot area for multiple family complexes. However, the ordinance
allows for a 300 square foot lot area reduction for every
underground parking stall. The applicant is proposing to install
53 underground car stalls, which translates into a lot area
reduction of 15,900 square feet. For 70 units, 175,000 square feet
is required. After subtracting the underground car stall credit,
approximately 37,600 square feet is necessary to meet the lot area
requirements of the R-3 district. In order to make up the
difference, it was agreed with the applicant that a permanent
easement be executed along the northerly 85 feet of the St.
William's church property. The intent of the easement is to
maintain the area as open space and eliminate the potential of
additional building within the easement ar�a. The easement area
would also include a portion of the existing parking area for the
church.
As is noted under the grading and drainage section of this report,
the easement area is a potential site for a storm water management
pond. The easement document should be drafted to prevent building
on the easement but to allow the creation of a storm water pond.
Parking
The applicant has indicated a"proof of parking area" containing
39 spaces in the event the building converts from elderly housing
to apartments available to the general public. This additional
area will not be constructed as it is anticipated that only 78
spaces are necessary to serve the residents and staff.
2C
Staff Report
Community Development Corporation
SP #88-15
Page 3
Three driveway entrances are proposed onto 5th Street N.E. The
parking area immediately in front of the proposed building will be
primarily intended for visitor parking: The parking area on the
north side of the building is intended for resident parking and
access to the parking garage. The traffic generation from an
elderly housing development is substantially less than that which
is generated from a typical apartment project. The Institute of
Traffic Engineers estimates traffic generation of approximately
five trips per dwelling unit in a standard apartment complex.
Given that the proposed project is for the elderly only, the
traffic generation is substantially less given that no more than
two persons will occupy a unit.
All surface parking areas must be lined with concrete curbing and
all parking spaces must be striped.
Setbacks and Building Requirements
The proposed site plan meets or exceeds the required setbacks and
building requirements in the R-3 district. The proposed building
height facing 5th Street N.E. is approximately 36 feet, below the
maximum height restriction of 65 feet. The building is designed
in the shape of an "H". The intent of this design is to imitate
the width of the existing lots across 5th Street and to vary the
mass of the building so that it is not overwhelming. This design
also helps to keep the scale and character of the project
compatible with the existing uses.
The proposed building materials consist of split face masonry and
rock face block with horizontal wood siding between the second and
third floors. The roof design imitates the roof design of the
existing homes in the neighborhood. The proposed colors are gray,
tan and charcoal gray. The building will have a full time on-site
manager and will have a security entrance. Each unit will have an
emergency pull cord in the bathroom and bedroom for the management
company to call necessary medical services if necessary.
The dwelling unit sizes exceed the requirements of the R-3
district. A one bedroom will be approximately 600 square feet and
a two bedroom will be approximately 1,000 square feet.
Landscaping
Staff inet with the applicant on November 1, 1988 to discuss the
landscaping plan. The applicant complied with staff direction and
submitted a revised landscaping plan prior to distribution of the
staff reports. The following comments are based on the revised
landscape plan. While the revisions incorporate a majority of
staff's comments, the following should be included in the final
Staff Report
Community Development Corporation
SP #$$-15
Page 4
m
landscape plan to be submitted at the time of building permit
application:
1. Japanese Greenleaf Barberry Hedge along the front parking area
shall be installed and maintained at a height of 3-4 feet and
spaced at 1 1/2 - 2 feet.
2. Al1 trees shall be balled and burlapped. No tree spaded
evergreens will be permitted.
3. Street trees shall have a 2 1/2 inch caliper. The Cranberry
trees shall have a 1 3/4 inch - 2 inch caliper and the shrubs
shall have a 2 foot or 5 gallon pot.
4. In order to accomplish consistent screening along the rear lot
line in compliance with Section 205.09.07.8, the applicant
shall install one of the three combinations of fencing and
landscaping:
a. Install an eight foot privacy fence with five Silver Maples
b. Install a Continuous Spruce Evergreen planting of ten foot
trees at 10-15 foot spacing.
c. Install and maintain a hedge at minimum 6-8 feet of Techny
Arborvitae, Upright Juniper or Amur Maple spaced at 1 1/2 -
2 feet.
5. An underground lawn sprinkling system shall be provided to
maintain the lawn and landscaping areas.
Grading and Drainage
The City Engineer has indicated that a storm water management plan
will be required at the time of building permit application.
Because the property is located below street level, it acts as the
receptacle for a majority of the drainage from the neighborhood.
The storm water management plan will not only have to accommodate
the runoff from the proposed development but any expansion
contemplated by St. William's church. There is adequate area on
the property to accommodate the ponding necessary to be created.
Restrictive Covenants
The City Attorney's office has advised that the City can require
the applicant to file deed restrictions which restrict the project
to housing for the elderly only. The two elderly projects in New
Brighton have used the same method as part of their approval
process.
- __ _ _
Staff Report
Community Development Corporation
SP #88-15
Page 5
_ 1�4 Mi�-�
The proposed site plan meets or exceeds the R-3 district
requirements. The proposed building design is sensitive to
existing conditions in the neighborhood. As a senior housing
building, the proposed location is convenient to shopping, medical
office uses, and the senior center. The proposed use will not have
an adverse affect on the surrounding land uses. Seven conditions
of approval are recommended.
RECOMMENDATION
Planning staff recommends the Planning Commission�approve Special
Use Permit, SP #88-15, based on the site plan received November 3,
1988 and subject to the following conditions:
1. The applicant shall submit a storm water management plan at the
time of building permit application.
2. The applicant shall comply with the conditions of approval for
the lot split application.
3. The applicant shall record restrictive covenants dictating that
the project is for the elderly only and is not an
apartment building to be rented to the general public. The
covenants shall be reviewed and approved by the City Attorney's
office prior to recording.
4. A revised landscape plan shall be submitted at the time of
building permit application, containing the following changes:
A. Japanese Greenleaf Barberry Hedge along the front parking
area shall be installed and maintained at a height of 3-4
feet and spaced at 1 1/2 - 2 feet.
B. All trees shall be balled and burlapped. No tree spaded
Evergreens will be permitted.
C. Street trees shall have a 2 1/2 inch caliper. The
Cranberry trees shall have a 1 3/4 inch - 2 inch caliper
and the shrubs shall have a 2 foot or 5 gallon pot.
D. In order to accomplish consistent screening along the rear
lot line in compliance with Section 205.09.07.B, the
applicant shall install one of the three combinations of
fencing and landscaping:
1. Install an eight foot privacy fence withffive Silver
Maples
2E
Staff Report
Community Development Corporation
SP #8$-15
Page 6
�
�
7.
2F
2. Install a Continuous Spruce Evergreen planting of ten
foot trees at 10-15 foot spacing.
3. Install and maintain a hedge at minimum 6-8 feet of
Techny Arborvitae, Upright Juniper or Amur Maple spaced
at 1 1/2 - 2 feet.
The applicant shall install an underground lawn sprinkling
system to maintain all lawns and landscaping on the property.
All parking areas shall be striped and shall be lined with
concrete curb.
Park dedication fees shall be paid at time of building permit
application.
PLANNING COMMISSION ACTION
At the November 9, 1988 meeting,
unanimously recommended approval of
seven conditions recommended by staff.
CITY COUNCIL ACTION
the Planning Commission
the request subject to the
At the February 13, 1989 City Council meeting, the public hearing
for the rezoning request was closed, and the special use permit
request was tabled in order to study the types of materials
proposed for the exterior facade. In response to the City
Council's concern, Muffie Gabler from Community Development
Corporation, has analyzed the construction and rental cost impacts
of using different building materials (see attached letter dated
March 9, 1989), specifically brick and wood versus rockface block
and aluminum siding.
Ms. Gabler states that providing an all brick exterior will
increase construction costs, interest and fees by $195,500. This
would cause an additional rental cost per unit of $34.00 per month.
She also states that an all brick exterior would present too much
of an institutional appearance.
Another option proposed is to replace the rock face block with
brick to the first floor windows. This would increase construction
costs by $73,300 and increase rental costs by $13.00 per unit per
month. Gabler states that Community Development Corporation will
not accept any scenario which includes wood siding because of its
high maintenance and construction costs.
2G
Staff Report
Community Development Corporation
SP #88-15
Page 7
CITY COUNCIL RECOMMENDATION
Staff maintains its original recommendation to approve the proposed
materials, including the rock face block to the first floor, and
aluminum siding and stucco. The proposal is an appropriate
architectural treatment, given the location oE the building in this
particular neighborhood. As the applicant correctly points out,
the proposed finishes are predominant with other housing structures
in the neighborhood. In order to address the Council's concerns,
the applicant has proposed an alternative to use a brick exterior
to the first floor windows. While brick has been incorporated into
recent multi-family projects such as Springbrook Apartments, the
rock face block is an acceptable alternative. -
It is recommended that the City Council approve the special use
permit, SP #88-15, based on the site plan received November 3,
1988, subject to the seven stipulations recommended by the Planning
Commission and second and final approval of the rezoning
application, ZOA #88-04.
_ _ --�P ��88-15
y opment
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C�
Ms. Barbara Dacy
Planning Coordinator
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
RE: Exterior finish for Norwood Square
Dear Barb:
2J
WESTMI]YSTER CORPORAT101Y
328 West Sixth Street
Saint Paul, �M155102
Phone 612-291-1750
March 9, 1989
This letter is in response to your recent meeting with Dor� Mead of Housing
Resources Corporation and John Culligan of Boarman & Associates.
As you know, we have proposed that the exterior finish for Norwood Square in-
clude rock face block to the first floor windows, with a combination of stucco
and aluminum siding above the rock face block. These materials were selected
primarily for the following reasons:
1. General appearance -- The proposed materials would give Norwood
Square a more residential appearance than an all-brick exterior
would. In addition, stucco and siding are the predominant finishes
on the other housing in the neighborhood; and we felt it important
to design the building to compliment its residential neighbors.
By contrast, with an all-brick exterior, Norwood Square would
visually relate more to St. William's Church than to the residen-
tial neighborhood and would provide Less of a visual "transition"
between the Church/commercial areas to the south and west and the
residential areas to the north and east;
2. Building mass and impression of height -- By utilizing contrasting
materials, horizontal bandings of the building are achieved.
Coupled with the use of a hip roof (which is the predominant resi-
dential roof in the neighborhood), the horizontal bandings attract
the eye to a Lower level of the building, thereby giving Norwood
Square the appearance of being shorter than it is.
With the proposed materials in mind, we have also endeavored to
minimize the mass of the building. The major technique the archi-
tect developed to address this challenge is the use of the "H"
shape of the structure. This important feature effectively breaks
the building up into three distinct sections, which minimizes the
overall impression of the scale of the building.
A Whollyowned Subsidiary of Community Development Corporation for the Archdiocese of Saint Paul and Minneapolis
Ms. Barbara Dacy
March 9, 1989
Page 2
If the exterior of the
minimizing function of
We would have to look
brick exterior in mind;
building were constructed of all brick, the
the "H" shape would be substantially lost.
at re-designing the building with an all-
3. Maintenance -- Enclosed is a listing of four differen t scenarios in
which the exterior finish of Norwood Square would be changed from
the finish that has been proposed:
(i) Replacing the aluminum siding with wood siding;
(ii) Replacing the rock face block with brick (to the
first floor window sills);
(iii) Combining scenarios (i) and (ii) [replacing the
aluminum siding with wood siding and replacing the
rock face block with brick]; and
(iv) Providing an all-brick exterior.
Because they include wood siding, scenarios (i) and (iii) are not
acceptable to the Community Development Corporation. Aside from its
higher construction costs, wood siding requires constant attention.
It would raise the on-going maintenance costs, would provide an
annual inconvenience to residents, and would increase the amount of
staff time that must be devoted to non-productive activities.
Because they are low-maintenance materials, rock face block, alumi-
num siding and brick are all acceptable to us from a management
perspective;
4. Development costs and affordability -- We are making every effort
to develop Norwood Square on a basis that will make the housing
affordable to modest-income seniors. We are striving to achieve
rents that start at approximately $500 per month for the smallest
(610 square feet) one-bedroom units.
Even without a brick exterior, we already know that we will need
all the help we can ge t in order to achieve the goal of rents
starting at $500 for a 610-square-foot one-bedroom unit. By way of
comparison, housing for seniors developed under HUD's Section 202
program is now resulting in rents of approximately $515 for one-
bedroom units that include only 540 square feet of living space.
Even with those smaller units, 202 housing usually requires muaici-
pal assistance in order to make the rents of $515 "work'�.
r� ``
Ma. Barbara Dacy
March 9, 1989
Page 3
We are very concerned that the cost of a brick exterior will make
Norwood Square less affordable for the seniors who need it most.
Although I personally don't care for their color schemes, I point out that the
townhouses across from the City's current offices have aluminum siding. Also,
the all-brick five-story building adjacent to the townhouses provides a more
institutional appearance than the impression we would like Norwood Square to
convey.
Barb, I would be happy to discuss these subjects with you in more detail and
will plan to attend the March 20th meeting of the City Council. I look forward
to seeing you again then.
Very truly yours,
COMMUNITY DEVELOPMENT CORPORATION FOR THE
ARCHDIOCESE OF SAINT PAUL AND MINNEAPOLIS
��. � _ .
« �
�``i;�.-.�r�_�_-�
�
Mary S. Gabler
Director of Development
SDM:em
Enclosures
cc Father John Brandes
Mr. Malcolm Mitchell
_
2L
NORWOOD SQUARE
March 6, 1989
ESTIMATED EFFECT of EXTERIOR FINISHES
on
AVERAGE UNIT MONTHLY RENT and MINIMUM RESIDENT INCOME REQUIREMENT
Starting point (rock face
block to lst floor windows;
combination of stucco and
aluminum siding above)
Replace aluminum siding
with painted wood siding
Replace rock face block
with brick (brick to lst
floor windows)
Replace rock face block
with brick and aluminum
siding with painted wood
siding
Provide all-brick exterior
Additional Additional
Additional unit rent annusl income
construction costs, required required of
interest and fees per month residents**
N/A
$ 30,600
73,300
103,900
195,500
N/A
$ g*
13
20*
34
* including additional reserves to pay for on-going maintenance
** based on 40% of income paid toward housing expense
NfA
$ 240
390
.��
1,020
2M
COMMISSION TERMB THAT WILL EBPIRE IN 1989
FOR CITY COIINCIL CONSIDERATION
APPOINTEB
APPEALS COMMI88ION
ENERGY COMMISSION
ENVIRONMENTAL 4IIALITY COMMISSION
HUMAN RESOIIRCEB COMMISSION
TERM
E%PIRES CIIRRENT MEMBBR
4-1-89
4-1-89
4-1-89
4-1-90
4-1-91
Diane Savage
567 Rice Creek Terrace
(H.571-3862)(B.421-4760 x1270)
Dean Saba
6325 Van Buren Street NE
(H.571-1953)(B.635-5860)
Bruce Bondow
6616 Central Avenue NE
(H.571-0163)(B.293-4604)
Vacant
(Bruce Hanley resigned
io-i9-ss)
Vacant
(Gerald Welf resigned
1i-22-ss)
4-1-89 Paul Dahlberg
6664 East River Road
(H.572-9093)(B.545-1253)
4-1-89 Steven A. Stark
6655 Fridley Street NE
(H.571-4961)(B.296-7214)
4-1-91 Vacant
(Maynard Nielsen's term
expired)
4-1-89 Claudia Dodge
840 - 66th Avenue
(H.571-8890)(8.422-5199)
4-1-89 Francis van Dan
6342 Baker Avenue NE
(H.571-3177)
3
PARRS AND RECREATION COMMISSION
4-1-89 Dick Younq
5695 Quincy Street NE
(H.571-8098)(B. 786-5570 x221)
4-1-89 Daniel Allen
6200 Rice Creek Drive NE
(H.571-0137)(B.625-6800)
FRIDLEY HOIISING AND REDEVELOPMENT AIITHORITY
6-9-89 Larry Commers
5212 St. Moritz Drive NE
(H.571-8925)(8.343-1123)
CABLE TELEVISION COMMISSION
POLICE COMMISSION
4-1-89
Duane Peterson
1021 Hathaway Lane NE
(H.571-3386)(B.374-1120)
4-1-89 Mavis Hauge
645 67th Avenue NE
(H.571-1083)
f
3A
�
�'�
MEMO TO: WILLIAM W. BURNS,- Y MANAGER �'
FROM: WILLIAM C. HUNT;�/ STANT TO THE CITY MANAGER
STAFF PERSON FOR CHARTER CONIlKISSION
SUBJECT: PUBLIC HEARING FOR PROPOSED AMENDMENT TO SECTION 4.06 OF
THE FRIDLEY CITY CHARTER
DATE: FEBRUARY 9, 1989
Section 4.06 of the Fridley City Charter sets forth the procedures
for nominating a candidate for election to the City Council. Among
other things it establishes a window for filing nomination
petitions. Currently, these are to be filed "not more than one
hundred thirty (130) days nor less than one hundred (100j days
before the general election. . . ."
In 1988 this was found to be in conflict with state election laws
which superceded this provision. A similar conflict occurred in
1984 which led to the amendment of this section in 1985 to bring
it into conformity with the state election laws at that time.
Since the state election laws do change from time to time, and
since these new statutes supercede the Charter when they are in
conflict, it seemed best to the Charter Commission to remove the
specific requirement of so many days and replace it with more
general terminology which would not have to change as the state
laws change. The new sentence in Section 4.06 reads as follows:
All nomination petitions shall be filed with the City
Clerk in accordance Minnesota State Statutes.
The Fridley Charter Commission approved this amendment at its
meeting of October 24, 1988, and voted to submit it to the Fridley
City Council on January 30, 1989.
On behalf of the Fridley Charter Commission I request that you
present this amending ordinance to the Fridley City Council and
request them to set a public hearing on the proposed amendment for
the Council meeting to be held on March 6, 1989.
ORDINANCE NO.
AN ORDYNANCE AMENDING SECTION 4.06 OF THE FRIDLEY CITY CHARTER
THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES �RDAIN AS FOLIAWS:
SECTION 4.06. NOMINATIONS BY PETITION.
The mode of nomination of all elective officers provided for by
this Charter shall be by petition. The name of any eligible voter
of the City shall be printed upon the ballot whenever a petition
as hereinafter prescribed shall have been filed in that person's
behalf with the City Clerk. Such petition shall be signed by at
least ten (10) registered voters qualified to vote for the office
in question. No elector shall sign petitions for more candidates
than the number of offices to be filled at the election. Should
such a case occur, the signature shall be void as to the petition
or petitions last filed. //All nomination petitions shall be in
the hands of the City Clerk not more than one hundred thirty (130)
days nor less than one hundred (100) days before the general
election at which time the filings shall be closed. The City Clerk
shall prepare the ballots with names of the candidates for an
office in a manner to be provided by ordinance.//All nomination
petitions shall be filed with the City Clerk in accordance with
Minnesota State Statutes. Each petition, when presented, must be
accompanied by a five dollar ($5.00) filing fee.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY �F , 1989.
WILLIAM J. NEE, MAYOR
ATTEST:
SHIRLEY A. HAAPALA, CITY CLERK
Public Hearing: March 6, 1989
First Reading:
Second Reading:
Publications:
4�
.�_ :�4�; �� v 4 �, �t7�a��1� • • :1�•
Ms. Hendley asked hvw the Ccmnission m�ers felt aixxit the G
drawing this fram the City Co�cil and preparing to put it cn
Mr. Stouffer stated the Catmissio� has started a process,
cocitinue that process and let the Cwncil make a decisio�
4
'with-
'they should
way or the other.
Mr. Betzold stated if the Cauicil c3oe.s not wte to appr , for whatev�er reason,
then the praposed aac�erx�ment mist go to the wt,ers. I shauld prabably be on
the ballot for the Nov�er I989 election. That wo d be a city wide election.
It would be folly to txy to call a special electi in April, so they essential.ly
have one year. If the nosmal processes are in ace and the Council vr�tes
scme time in Januazy 1989, it was his sugges ' to wait ar�d see what the Council
does.
t1r. van Dan stated he would feel a littl uneasy if they w�ere forcing the issue
to a special election, because they trying to increase participation in an
electoral process. The Councilme:mbe are elected by the peaple, and the
Charter Coim�ission members are not, so they should let the Council prevail first
on their vwn timelin�e and the ssioc� can wait and see what happens .
MOTION by Mr. Stouffer, by rir, van Dan, to vontinue the process for
proposed Charter amerr�nts the City Council, and that the Charter Catmission
review this issue on a mee g-to-meetir�g basis.
UPON A VOICE VO�I'E, ALL ItJG AYE, Ci�tPF•RSOI�T I�,T�LEY DD�� TF� NK3TION
CA.gI;IED (JNANIl�lOUSLY.
r •• u x; • �t ��
FOR D�IIZS'fIIP IN Tf� C�ER COPT'IISSION:
Ms. HPndley sta she had talked to John Sillman who has lived in Fridley since
1979. He is Coordinator for the Fridley Volunteer Service for the seniors
and low i.n people. He is r►ow r�tireci and has irrlicated he would be willing
to sexv�e Charter Cannission. He will si�txnit a letter �ressing his
interest ' sexving.
The C ssion meml�ers stated they would wt�e to send Mr. Sillman's name to
the J ge after receipt of the letter.
iiunt stat�ed he hq�ed to find cut the prooedure, if a�►, for reducing the
: of the Chart,er Cannissi� m��bers by tl�e r�ext meeting.
3, CONSIDE:EiATION OF SDCTI�I 4.06 , N(MIl�►TIC�IS BY PETITION:
Mr. Hunt stated that at the last meetinq, t�ir. Betzold made a moticn reoartneriding
scme language for di.scussion and adopti� by the Charter Caimissian.
MC1I'IOr1 by Mr. Staiffer, secoaxied by Mr. Oquist, to reaffirm the nntio� made on
S�ptesrber 26, 1988, to reoomrn.,ryd that Section 4.06 of the Fridley City Charter �
be a�nended as follaas: Sentenve 6, beginning with "All nanination petitions..."
be deleted ar�d replaced with the follaairx3 w�z�ding: "A11 nanination�etitions
shall be filed with the Ci Clerk in acoordance wi.th e e ection�aws
establi ed by Minnesota State Statutes."
4B
4C
CK.AR'I'ER CC)t�'Il�IISSIO!�l ME�,�'�lG, OC."T�OBER 24, 1988 PAGE S
Lrr'ON A VOICE VdI'E, ALL VCmING AYE, Cf�1IRPER.SON I�1�IDLEY DDGL�RID Tf� MOTION
CA�2RIID �SLY. �
Mr. van Dan stated that in loo�cing at the w��iing of the n�tion, he did not like
the w�ord� "established", and felt it should be replaced with a m�re apprapriate
w�ord. To him, the wc�rd "established" means a basic, first time, nailed ciown
fact, and this is not the case. It should be replaced �rith "rg3ulated" or
"o�ntained in Minnesota State Statutes".
P'x7I'ION by I�ir. Nelson, secanded by Mr. van Dan, t�o reopen discussion ori
Co ideration of Section 4.06, Naninations by Petition".
UPON A VOICE VC1I'E, ALL VC1rING AYE, Q�AIRPERSON i�DLEY DE)CIAi2ID T� NK7TION
CARRI�D tTI�NIlKCXJSLY.
MOTION by Mr. Stauffer, seconded by Mr. Betzold, to change the w�rding in the
a�ove motian arxi that sentence 5 of Secti� 4.06 of the Fridley City Charte.r
be amended as follc�ws: "All ryomination petitions shall be filed with the City
Clerk in acoo�3ance with Minnesota State Statutes."
L'PON A VOICE VOTE, ALL VCnING AYE, CI-mIRPERSOr1 F�DLEY DDCI,�RID THE MOTION
CARR� IJI�1.'JIl�IiCXJSLY.
4. CONSIDg2ATI0N OF SDCTION 4.07, NQt•12I�1TING PETITIONS (FOi�]AT) :
Mr. Hunt stated that at the last meeting, tl�e Ca*mission voted to refer the
consideration of Sectiosi 4.07 to the City Attorney and the Charter Cacnnission
Attorney for drafting the appropriate language to make 5ection 4.07 oonform
with State Statutes. He stated this has not yet been done.
This iteqn was oontinued until the next meeting.
5. CONSIDg2ATION �' PREPARATION OF �JAL R�ORT IN CQ�LIANCE A'ITfi MINNESOTA
STATUTES, 410.05, SU�. 2:
Mr. Hunt stated it had axr�e to his attention that the Ca�ussia� has been out
of c�pliance with this State Statute requisenent to sut�nit an aru�ual report
to the c�ief judge of the district vourt on or before Dec. 31 of each year.
MOTIC7�1 by Mr. Stwffer, semnded by Mr. Oquist, t�o subcnit an annual report to
the chief judge of the district court on or before Dec. 31 of each year; the
annual report to vansist of the past year's minutes of the Charter C�nissioai
meetings, along with a aover letter signed by the Chairperson indicating this
is the annual report and citing State Statute 410.05, S�ibd. 2.
Mr. Hunt stated the Nwe�r miriutes would not be appraved by the Charter
CaYmissian until t�ir Januazy meeting, and the annual report was tA be sub�nitt,ed
on a caler�dar year basis .
Ms. Hendley stated she d.id not think the minutes had to be apprwed miriutes,
and the Novenber minutes vould be submitted alcxig with the rest of the year's
minutes.
MTNNESOTA STATUTES 19$8
ZOS.t2t MUMC[PAL EI.BC[74NS
205.11 MS 1957 [Repealed, 1959 c 675 art 13 s tj
205.11 MS 1982 �[Repealod, 1983 c b2 s 12]
205.12 MS l957 (Repeated, 1959 c 67S art 13 s 1]
205.12 MS 1974 [Repealed, 1976 c 44 s'l0]
aT24
205.121 NOMINATING PETITIONS; CTTIFS OF FIRST CLASS; SICNATURES.
A nominating petition 61ed on behalf of a candidate for municipa! oA'icx in a city
of ehe 8nt class shall be signed by eGgible votea who maintain rcsidencx in the election
disuict from which the candidate is to be elected. The number of signers shall equal
500, or two percent of the total auraber of individuals who vated ia the municipality.
ward, or other election district at the last proceding municipat general election, which-
ever is greater.
History: 1981 c 29 art 7 s 9
205.13 MS t 957 [Repealed, 1959 c 675 att 13 s! J
205.13 CANDIDATE.S, FILING.
Subdivision 1. Ai�darit ot cmdidac�r. Not more than
( l) eight nor less than six weefcs in the case of a town, or
(2) not mon than ten nor 1as thsn eiaht walcs, in the case of a city,
befon the municipsl primaty, or befon the municipal general election if then is ao
municipal primary, an individuai who is eligible and desira to become a candidate for
an of6c� to be voted for at the election shall 61e an affidavit of candidacy with the
municipal clerk. The affidavit shall be in substantiaUy the same form as that in section
204B.06, subdivision l. The municipal clerk shall also accept an applicatioa signed by
not {ess than five voters and filed on behalf of an eligible voter in the municipality
whom they desire to b� a candidate, if service of a copy of the appiicatioa has ban
made on the candidate and proof of strvice is endorsed on the application being 61td.
UQon receipt of the proper filing fce, the clertc shall plave the aame of the candidate
on the ofiicial ballot without partisaa dtsignation. 'The filing data contained in thia
subdivision do not apply to any home nile charter city whose chaRer provides for
earlier filing dates.
Subd. 2. 1�Iotia o! 81in� data. At least two weeks befon the first day to fi!e
affidavits of candidacy, the municipal clerfc shail publish a notice stating the first aad
last dates on which affidavits of candidary may be filed in the clerk's o�a and� the
closing time for 61iag on the last day for filing. The clerk shall post a similu notia at
least ten days before the fint day to filo a9'idavits of candidacy.
Subd. 3. Filin� lea. Unless the charter of a city provida the amount of the fa
for filing an appiication or affidavit of candidacy for city office, the 51inf fa for s
municipal office 'ss as follows:
(a} Ia first class cities, 520;
(b) in second and thitd class cida, SS; aad
(c) In fourth class cities and towas. S2.
Subd. 4. Petition in plaa ot fas. A candidate for municipal oBia may fik a
petition in place of the filing fees speci6ed ia subdivision 3. The petition shall meet
the requiremenu of sectioa 204B.1 l, subdivision 2.
Subd. S. Nominatin� petido� ddes of t6e &st class. A nomin�atin� petition 6led
on behalf of a candidate for municipal oBia in a city of the first class shall be signed
by eligible voters who reside in the election disvict from w6ich the andidau is to be
clected. The number of sigaen shall be at least 500. or two perant of the total number
of individuals who voted in tbe municipality, wsM, or other election district at the last
prcceding muaicipal geaeral electioq whichever is �rater.
Subd. 6. Withdrawsl. A caadidate for a municipal elective oQ'ioe may arithdtaw
from the election by filin� an affidavit of withdnwai with the municipal clert by 12
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DATE:
T0:
FROM:
CO1�IlMUNITY DE�JELOPMENT
DEPARTMENT
MEMORANDUlVI
March 15, 1989
William Burns, City Manaqer
���
Jock Robertson, Community Development Director
Barbara Dacy, Planninq Coordinator
SUBJECT: First Readinq of an Ordinance Approving a
Rezoning, ZOA �88-04, Community Development
Corporation
Attached is the staff report for the proposed rezoninq request by
Community Development Corporation to rezone the property adjacent
to St. William's church from R-2 and C-2 to R-3. Included in the
report is the response from Community Development Corporation
regarding the proposed exterior construction materials as well as
the staff analysis of the applicant's information. Staff
recommends that the City Council approve the ordinance for first
reading.
BD/dn
M-89-129
P
�
CI�TY OF
FRiDLEY
IREQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
I LOCATION
I
StTE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
8� ZONING
UTUTES
PARK DEDICATION
ANALYSIS
FlNANCIAL IMPLICATIONS
STAFF
REPORT
APPEALS DATE x/A
PLAI�NG COMIV�SSION DATE November 9, �988
CI'TY COUVCIL DATE : February 13 , 1989 q�Hpq BD/dn
CONFORMANCE TO
COMPREHENSNE PLAN
COMPATIBIUTY WfTH
ADJACENT USES � ZONNG
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMME(�ATION
APPEALS RECOMMENOATION
PLANNING COMMISSION
RECOMMENDATION
ZOA �t 88-04
Community Development Corporation for the Archdiocese of
Minneapolis and St. Paul
Rezoning request from R-2 and C-3 to R-3
Northwest corner of 5th Street and 61st Avenue, north of
St. William's church. �
2.79 acres
N/A
R-2 and C-3
North, R-2 (duplexes); South, C-3 (church); East, R-I
(single family); West, C-3 (strip center).
Municipal services available.
$750.00 for residential lot split.
HRA assistance may be requested.
Xes.
Yes.
0
Site is depressed below street elevation, currently
used as a ballfield.
Approval.
N/A
�
,
5A
Staff Report, ZOA #8$-04
Community Development Corporation
Norwood Square
Page 2
REQUEST
The subject parcel, Lots 1- 16, Block 1 and Lots 1 and 30, Block
3, Norwood Addition, is bisected by two zoning districts. The R-
2, Two Family Dwelling district is located on the eastern half of
the property, immediately adjacent to 5th Street N.E. The C-3,
General Shopping Center district is located on the western half of
the property, abutting the Moon Plaza Shopping Center property.
This zoning pattern exists from the subject property south to 61st
Avenue N.E. and includes the existing church property. The R-2
district permits "housing for the elderly" as a special use permit
and the C-3 district permits "housing for the elderly" as a
permitted use; however, staff advised the applicant to petition
for a rezoning in order that the property could be evaluated by one
district's regulations rather than having the property regulated
by two districts. The R-2 and C-3 districts do not contain the
appropriate lot and structure requirements to regulate the proposed
project. Further, the continuation of commercial zoning along the
rear portion of the Moon Plaza Shopping Center would not be
appropriate. Finally, the rezoning application to R-3 would
provide a buffer from the existing C-3 zoning to the west and
south.
ANALYSIS
In evaluating zoning district changes, the intent, uses and
structure regulations of the proposed district should be evaluated
to determine its compatibility with adjacent zoning and land uses.
The intent of the R-3 district is to permit a variety of
residential housing, including single family dwellings, two�family
dwellings and multiple dwelling complexes. These uses serve as a
buffer from uses permitted by commercial districts, such as the C-
3 district. Further, while the R-3 district permits multiple
family cvmplexes at a higher density than the R-1 or R-2 districts,
multiple family dwellings can be compatible with single and two
family dwellings depending on design and location.
The R-3 district permits hotels, motels and highrise apartment
buildings as a special use permit. As special uses, the City would
have the ability to deny potential applications if the use would
have adverse effects on the neighborhood. Upon preliminary
evaluation, these uses would not be appropriate at this location.
The lot and structure requirements in the R-3 district are more
restrictive than the setbacks in the R-2. The required setbacks
will maintain a 35 foot yard area along 5th Street N.E. and a 15
foot yard area adjacent to the existing duplexes to the north.
The lot area requirement dictates 2,500 square feet per living
5B
Staff Report, ZOA #88-04
Community Development Corporation
Norwood Square
Page 3
unit, however, the ordinance
reduction per underground paY
regulation is to discourage as
and maximize the amount of open
split application explains the
on the church property in orde�
lot area requirements.
CONSISTENCY WITH
5C
also allows a 300 square foot
ting space. The intent of this
�uch on-surface parking as possible
space. The staff report on the lot
necessity for a lot area easement
for the proposed site to meet the
IVE PLAN
The proposed rezoning request will be consistent with the intent
of the comprehensive plan to provide a variety of housing types in
order to meet the different housing needs of the•City's residents.
The subject parcel is specifically identified in the comprehensive
plan as having potential for medium density housing development
(see attachment). The proposed rezoning is also consistent with
the objectives of the Center City Redeve�.opment district in that
it will enable utilization of long vacant property.
SUMMARY
The proposed rezoning is appropriate as it will act as a buffer
between the existing commercial use and the lower density
residential neighborhoods to the north and east. The rezoning will
also eliminate two zoning districts bisecting the property.
Finally, the proposed rezoning is consistent with the comprehensive
plan and the redevelopment effort of the Center City district.
Staff recommendation for approval of the rezoning is conditioned
upon approval of the lot split request since it is necessary to
execute a lot area easement. It is not conditioned upon approval
of the special use permit request, since approval of the zoning
action is necessary in order to consider the special use permit
request.
RECOMMENDATION
Planning staff recommends the Planning Commission recommend
approval of ZOA #88-04 to rezone Lots 1- 16, Block 1 and Lots 1
and 30, Block 2, Norwood Addition, from R-2 and C-3 to R-3, subject
to approval of lot split, L.S. #g8-05.
PLANNING COMMISSION ACTYON
The Planning Commission unanimously recommended approval of ZOA
#88-04, to rezone the subject parcel from R-2, Two Family Dwelling
and C-3, General Shopping, to R-3, General Multiple Dwelling,
subject to approval of the lot split request.
5D
Staff Report, ZOA #88-04
Community Development Corporation
Norwood Square
Page 4
CITY COUNCIL ACTION
At the February 13, 1989 City Council meeting, the public hearing
for the rezaning request was closed, and the special use permit
request was tabled in order to study the types of materials
proposed for the exterior facade. In response to the City
Council's concern, Muffie Gabler from Community Development
Corporation, has analyzed the construction and rental cost impacts
of using different building materials (see attached letter dated
March 9, 1989), specifically brick and wood versus rock face block
and aluminum siding.
Ms. Gabler states that providing an all brick exterior will
increase construction costs, interest and fees by $195,500. This
would cause an additional rental cost per unit of $34.00 per month.
She also states that an all brick exterior would present too much
of an institutional appearance.
Another option proposed is to replace the rock face block with
brick to the first floor windows. This would increase construction
costs by $73,300 and increase rental costs by $13.00 per unit per
month. Gabler states that Community DeveZopment Corporation will
not accept any scenario which includes wood siding because of its
high maintenance and construction costs.
CITY COUNCIL RECOMMENDATION
Staff maintains its original recommendation to approve the proposed
materials, including the rock face block to the first floor, and
aluminum siding and stucco. The proposal is an appropriate
architectural treatment, given the location of the building in this
particular neighborhood. As the applicant correctly paints out,
the proposed finishes are predominant with other housing structures
in the neighborhood. In order to address the Council's concerns,
the applicant has proposed an alternative to use a brick exterior
to the first floor windows. While brick has been incorporated into
recent multi-family projects such as Springbrook Apartments, the
rock face block is an acceptable alternative.
It is recommended the City Council approve the ordinance for first
reading.
�
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY
OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN
ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the City Code of Fridley is amended
as hereinafter indicated.
SECTION 2. The tract or area within the County of Anoka and the
City of Fridley and described as:
Lots 1 through 16, Block 1 and Lots 1 and 30, Block
2, Norwood Addition to Fridley Park.
Is hereby designated to be in the Zoned District R-
3, General Multiple Dwelling.
SECTION 3. That the Zoning Administrator is directed to change
the official zoning map to show said tract or area
to be rezoned from Zoned District R-2 (Two Family
Dwelling) and C-3 (General Shopping Center) to R-3
(General Multiple Dwelling).
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
Public Hearing: February 13, 1989
First Reading:
Second Reading:
Publication:
5E
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5H
WESTMINSTLR C4RPORATION
Ms. Barbara Dacy
Planning Coordinator
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
RE: Exterior finish for Norwood Square
Dear Barb:
328 West Sixth Street
Saint Paul, MI`[ 55142
Phone 612-291-1750
Mazch 9, 1989
This letter is in response to your recent meeting with DorE Mead of Housing
Resources Corporation and John Culligan of Boarman & Associates.
As y�u know, we have proposed that the exterior finish for Norwood Square in-
clude rock face block to the first floor windows, vith a combination of atucco
and aluminum siding above the rock face block. These materials were aelected
primarily for the following reasons:
1. General appearance -- The proposed materials would give Norwood
Square a more residential appearance than an all-brick exterior
would, In addition, stucco and siding are the predominant finishea
on the other housing in the neighborhood; and we felt it important
to design the building to complimeat its residentiaL neighbors.
By contrast, with an all-brick exterior, Norwood Square would
visually relate moze to St. William's Church than to the residen-
tial neighborhood and would provide less of a visual "transition"
betweea the Church/commercial areas to the south and west and the
residen tial areas to the north and east;
2. Building mass and impression of height -- By utilizing contrasting
materials, horizontal bandings of the building are achieved.
Coup2ed with the use of a hip roof (which is the predominant resi-
dential roof ia the neighborhood), the horizontal bandings attract
the eye to a loWer level of the building, thereby giving Norwood
Square the appearance of being shorter than it is.
With the proposed materials in mind, we have also endeavored to
minicaize the mass of the building. The major technique the archi-
tect developed to address this challenge is the use of the "H"
shape of the structure. This important feature effectively breaka
the building up into three distinct sections, which minimizes the
overall impression of the scale o£ the 6uflding.
A Wholly-owned Subsidiary of Community Development Corporation for the Archdiocese of Saint Paul and Minneapolis
Ms. Barbara Dacy
March 9, 1989
Page 2
_ ___ _
_.�..._......, ,..� ._ � . -.._ ..-.,..o�.-._........_.. ^ ..,... �--... _ _ _.._ _ _ --
51�
If the exterior of the
minimizing function of
We would have to look
brick exterior in mind;
building were constructed of all brick, the
the "H" shape would be substantially lost.
at re-designing the building with an all-
3. Maintenance -- Enclosed is a listing of four different scenarios in
which the exterior finish of Norwood Square would be chsnged from
the finish that has been proposed:
(i) Replacing the aluminum siding with vood aiding;
(ii) Replacing the rock face block with brick (to the
first floor window sills);
(iii) Combining scenarios (i) and (ii) [replaciag the
aluminum siding with wood siding and replacing the
rock face block with brickj; and
(iv) Providing an all-brick exterior.
Because they include wood siding, scenarios (i) and (iii) are not
acceptable to the Community Development Corporation. Aside from its
higher construction costs, wood siding requires constant attention.
It would raise the on-going maintenance costs, would provide an
annual inconvenience to residents, and would increase the amount of
staff time that must be devoted to non-productive activities.
Because they are low-maintenance materials, rock face block, alumi-
num siding and brick are all acceptable to us from a management
perspective;
4. Development costs and affordability -- We are making every effort
to develop Norwood Square on a basis that vill make the housing
affordable to modest-income seniors. We are striving to ach£eve
rents that start at approximately $500 per month for the smallest
(610 square feet) one-bedroom units.
Even without a brick exterior, ve already knov that we Will need
all the help we can ge t in order to achieve the goal of rents
starting at $500 for a 610-square-foot one-bedroom unit. By way of
comparison, housing for seniors developed under HUD's Section 202
program is now resulting in rents of approximately $515 for one-
bedroom units that include only 540 square feet of living space.
Even with those smaller units, 202 housing usually requires munici-
pal assistance in order to make the renta of $515 "work".
Ms. Barbara Dacy
March 9, 1989
Page 3
We are very concerned that the coat of a brick exterior vill make
Norwood Square less affordable for the seniors who need it most.
Although I personally don't care for their coloz schemes, I point out that the
townhouses across from the City's cnrrent offices have aluminum siding. Also,
the all-brick five-story building adjacent to the townhouses provides a more
institutional appearance than the impression we would like Norwood Square to
convey.
Barb, I would be happy to discuss these subjects with you in more detail and
will plan to attend the March 20th meeting of the City Council. I look forward
to seeing you again then.
Very truly yours,
COMMUNITY DEVELOPMENT CORPORATION FOR THE
ARCHDIOCESE OF SAINT PAUL AND MINNEAPOLIS
� _ .1 - _.. <'_/
Mary S. Gabler
Director of Development
SD�I : em
Enclosures
cc Father John Brandes
Mr. Malcolm Mitchell
5J
VORWOOD SQL'ARE
*larch 6 � 1989
ESTIMATED EFFECT of EXTERIOR FINISHES
on
AVERAGE UNIT MONTHLY RENT and MINIMUM RESIDENT INCOME REQUIREMENT
Starting point (rock face
block to lst floor windows;
combination of stucco and
aluminum siding above)
Replace aluminum siding
with painted wood siding
Replace rock face block
with brick (brick to lst
floor windows)
Replace rock face block
with brick and aluminum
siding with painted wood
siding
Provide all-brick exterior
5K
Additional Additional
Additional unit rent annual income
construction costs, required required of
interest and fees per month residents*�
N/A
$ 30,600
73,300
103,900
195,500
N/A
$ g*
13
20*
34
* including additional reserves Lo pay for on-going maintenance
** based on 40x of income paid toward housing expense
N/A
$ 240
390
.��
1,020
0
s
cinroF
F���
DATE:
TO:
FROM:
C01�IlMUNITY DEVELOPMENT
DEPARTIV�ENT
M EMO RAN D UM
March 15, 1989
William Burns, City Manaqer
.h �
�'
Jock Robertson, Community Development Director
Barbara Dacy, Planninq Coordinator
SU&TECT: Consideration of Eliminatinq a Condition of
Approval, VAR �88-26, Stylmark, Inc., 6536 Main
Street N.E.
BACKGROUND
The Appeals Commission recommended approval of a variance request
on November 15, 1988 to grant a setback variance for an addition
to the existing Stylmark buildinq. The four stipulations attached
to the approval were as follows:
1. The addition be architecturally compatible with existinq
building.
2. The applicant submit a landscape plan to the City staff for
review and approval prior to buildinq permit issuance. The
plan shall increase the existing parking lot screeninq from
public right-of-way. Landscaping to be installed by June 1,
1989.
3.
4.
Prior to building permit issuance, Stylmark shall submit a
site plan which will delineate a 21 stall parking lot for
future use if a shortage of stalls occur and is deemed
necessary by the City. �
,
Future buildinq expansion shall occur to the north, to
minimize future need for future variances on the south aide.
on December 19, 1988, the City Council unanimously approved the
variance with the four stipulations.
Stylmark has since
with stipulations
stipulation #2 and
stipulation.
applied for a buiidinq permit and has complied
#1 and �3; however, Stylmark is objectinq to
would like the City Council to eliminate this
�
Stylmark, Inc.
March 15, 1989
Page 2
ANALYSIS
The intent of stipulation #2 is to increase the screening between
the abutting streets and the parking lot�and loading dock area (see
copies of photos of site) consistent with ordinance requirements
Section 205.I7.07.D(5) and Section 205.17.05.D(6)(a). As one
travels down the frontage road of Mississippi Street and approaches
the intersection of Main Street, the loading dock is in clear view
of the public right-of-way.
After building permit application, staff inet with Sylmark's
representative, Don Mooty. We recommended that shrubbery be placed
along the boulevard area between the parking lot and the frontage
road and five evergreens or pyramidal arborvitae be planted around
the immediate area abutting the loading dock. Mr. Mooty objected
to the landscaping between the parking lot and the frontage road
because the road is only used for the school bus traffic in the
mornings and afternoons (buses are parked on the site to the north
of Stylmarkj and because the parking lot cannot be seen from the
traveled right-of-way of Mississippi Street. Staff agreed that
the landscaping in this area could be waived; however, we stated
that screening should be installed to meet the ordinance
requirements near the loading dock. At that point, Mr. Mooty
indicated that Stylmark would be relocating an existing crab tree
that had to be moved because of the proposed building addition.
Stylmark then submitted a revised perspective drawing, showing the
revised location of the crab tree.
Despite the relocation of this tree, staff recommended that
additional screening was needed to screen the loading dock area.
In order to ease maintenance activities around the loading dock
area, an aiternative was suggested to plant three evergreen trees
to the northeast of the Stylmark sign closer to the street and in
a fashion as to not interrupt the underground sprinkling system.
The trees would be six feet in height at planting.
David Brink, President of Stylmark Inc., objected to the additional
planting requirements because of the following reasons (Mr. Brink
chose not to submit a letter identifying his objections and agreed
to allow staff to summarize his objections for the Council):
1. Stylmark has been part of the community for a number of years
and has maintained their grounds in a c2ean and park-like
fashion.
2. The additional plantings will increase maintenance time and
cost in mowing and trimming around the base of the three
trees.
6A
. :
Stylmark, Inc.
March 15, 1989
Page 3
3. Landscaping was not required when a variance request for an
addition on the north side of the building was approved in
1985.
4. The adjacent homeowners had no objections to any of the
variance requests and have no concerns regarding increasing
the landscaping.
RECOMMENDATION
The intent of the stipulation is to increase the landscaping
between the parking and loading areas from the public right-of-way.
The installation of three additional evergreen trees is not unlike
the stipulations of approval the City has imposed on other
industrial owners in the past to upgrade landscaping on the site.
The relocation of the crab tree will not screen the loading area
from the street on a year round basis. Staff recommends the
Council maintain the stipulation of approval.
Mr. Brink has submitted a letter in conjunction with his building
permit agreeing to install the three trees, should the Council
decide not to approve his request.
BD/dn
M-89-131
1. Photos of site; 2. Site plan; 3. Appeals Commission minutes,
November 11, 1988; 4. City Council minutes, December 19, 1988;
5. Letter signed by applicant acknowledging stipulations.
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ApPg,ALS (X�T4ISSION� �:"� 15, 1988
CALZ TO ORDF�2:
Chairperson Barna called the November 15, 1988, �als Camiission meetinQ to
order at 7:30 p.m.
ROLL CAI� :
riembers Present: Alex Barna. Diane Savage, Kenneth Vos. Jerry Shere�c,
Larzy Kuechle
Members Absent: None
Others Present: Darrel Clark, Chief Building Official
Ernie Otto, Stylmark
Donn Mooty, Stylmark '
APPROVAL OF OCTOBER 11, 1988, APPFALS C-'CNMISSIGN M�TING:
!��I'ION by Ms. Savage, seconded by Nl�'• S�erek, to apQrove the 4ctaber 11, 1988,
Appeals Conmission meeting to approve the Octaber 11, 1988, Appeals Catmissi�
meeting minutes approved as written.
CPON A VOZCE VOTE, ALL VC7I'ING AYE, CHAIRP�.�1 B�N� DDCLAftID THE T10TION CARRIID
iJ!�IAI�I II�10U SLY .
CONSIDF�2ATION CJF' A VARIP,NCE RF�,X7EST, VAR #88-26, BY mNN MO(7TY:
Pursuant to Section 205.17.03.D, 4, a), of the Fridley City C�e to reduce
the front yarrl setback fran a street right-of-way abutting a resic3ential clistrict
frcm 100 feet to 47.9 feet to allaa the construction of an addition to the exist-
ing building on Lots 2-10, Block 6, Rioe Creek Plaza, South Additivn, the same
being 6536 Main Street N.E. (Stylmark).
MdTION by Mr. Kuechle, seoonded by Ms. Savage, to apen the public hearing.
UPON A VOICE VdI'E, AI�L VOTING AYE, CI-�IRPII2..SON BAi22� DDCI�ARID Ti� PUBLIC HF.AFZING
OPII�1 AT 7:06 P.M.
Chairperson Barna read the Ac�ninistrative Staff Report:
ADNiIl1ISTRATIVE STAFF REP(3RT=
5536 Main Street N.E.
VAR #88-26
. .� . . .� �• �� : - a• r a i�
Section 205.17.03.D,(4),(a), requfres any building in an industrial
district abutting a residential district to be no closer than 100 feet
to a street right-of-way line.
6E
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6F
APPF�I...S C(r'MISSIG�1 I�rII�1G, NO�TF� 15, 1988 PAGE 2
Public p�.�pos� served by this requirement is to provide adequate q�en
spaoe areas arwnd industrial structures fo� aesthetic and fire fighting
purposes.
B. STATID F�RDSHIP:
"F�cisting building is at this setback."
C. ACMIlVISI�iATIVE STAF'� REV�1:
The petitioner,3tylmark, is requesting a variance which would reduoe the
front yard setback required for an industrial building adjacent to a
residential district from 100 feet to 47.9 feet. Stylmark is proposing to
construct an a�iition which w�ould canfoYm with the existing front building
setback and utilize tlie current building layout. The addition will provide
additional office, cafeteria, and bathn�an facilities.
The City has previwsly approved tw�o similar requests fram this pro*�erty.
The first variance was granted in August 1973 which reduced the front yard
setback from 100 feet to 41.9 feet for the o�nstnsction of an office
addition. Another variance was appr'avEad in Navember 1985 which reduced the
front yard setback fran 100 feet to 82 feet to constru�ct a warehouse
addition.
A variance is justified if tlze strict application of the zoning ordinance
would cause undue hardship for tl�e prapP-rty oGn�er because of the site's
characteristics. Stylmark is situated on 9.3 acres of industrial land. The
existing building is located on the southern enc3 of the site ar�d covers
16$ of the land. This location provides anple e�ansion q�portunities to
the north of tlze buiZding withc�ut t1�e necessity of a varia�ce. If this
area was used to e�and, the petitioner cauld not utilize the existing floor
layout. Therefore, the hardship is actually created by the building itself
and not the site's characteristics. Consideratio� sha�ld be given to this
but also to the fact that two similar requests have been previously appraved
for this property.
This pr�osal oarplies wi:th all otl�er applicable zoning rec3uir�nents exoePt
for parking supply. C�rrently, the site contains 95 spaces, 76 of �ich
are used by its 77 einplayees. The pro�osed additicn wauld increase the
n��i�er of spaces required fran 110 to 116. Due to t1�e actual number of
eirployees, the application of this oniinanoe may be irn�alid. Staff suggests
that the petitioner submit a site plan at the time of bui2cling perna.t applica-
tion which would delineate a 21 stall parkinq lot for future use if a parkirg
shortage does occur and is deemed necessary by ti'�e City.
If approved, staf f reoanrends the follvari.ng crnditions be attac��ed to the
permit:
1. The addition be architecturally oa�ati.ble with the existinq buildinq.
2. � aPPlicant shall sut�mit a landscape plan to the Qty
and approval prior to the building pezmit issu�r�oe.
increase the e�dsting parking lat screeni.nq from public
I�ndscapi� to be installed by June 1, 1989.
Staff far a revie�,r
T�e pl.an shall
right-of-way.
�C�
APP�LS c.'ONMISSION N�rING, N(7�1II`'LB�t 15, 1988 PAGE 3
3. Prior to building permit issuance, Stylmark shall sutmit a site
plan which would delineate a 21 stall parking lot for future use
if a shortage of stalls oocurs and is deemed necessazY bY the
City.
4. F�ture building ex�ansion shall oocur to the rorth to minimize the
need for future variances ai the south side.
Mr. Clark shaaed an aerial photo of the pY+q�erty• Be stated Stylmark is
proposing to construct the new office additiori at the same front yard setback
as the original building. He stated Mr. Otto and r'1�'• P'botY weY'e at the meeti�g
to ariswer any questions the Crnmissioners might have.
Mr. Clark sho�wed an elevation of the property and a layout showir�g the existi.ng
characteristics of the present office area. It dgronstrates that if they are
going to add office space, the proposed location was the most logical one.
Dr. Vos asked what kind of relationship Stylmark had with its neighbors.
NLr. Mooty stated they have a very good relationship with their n�eighbors. As far
as he knew, they have nev�er had any problans with the neighbors•
MOTION b�� Dr. Vos, seconded by Mr. Sherek, to close the public hearing.
U?ON A VOICE VOTE, ALL VCITING AYE, CI�IRPER90N BAF2NA ��LARED THE pUBLIC HEP,RING
CT.AS� AT 7: SS P.M.
Mr. Kuechle stated he lives in this general area, althouc� not on Main Street.
He stated he thought Stylrnark was a v�ery nice loaking business with clean, well
kept grounds. He would be in favor of revocrcr�ending approval of the variance with
s tipulations .
Nir. Sherek stated this looked like a good plan, and Stylmark has been a good
neighbor in Fridley's o�rercial oanmuiity. He wnuld vote in favor of the
variance .
Ms. Savage stated she also agreed. The building is very attractive, and it does
not intrude into the residential area. Fhat Sty]maxic is requ�esting is a
setback that is alreaciy exi.sting with the original building. She could see no
reasce-� to deny the variance when, on two previous occasions, variances w�ere
granted. 5he would be in fawr of the varianve.
Dr. Vos stated this was a reasonable request, and Stylmark was keeping the site
lines the same on Main Street. iie would wte in fawr of the variance als�.
Mr. Barna stated he was also in fawr of reca�errling approval of the variance.
The building would look nice architecturally.
fr
m
6H
APPEAI.S C'Q�+4�SZSSION I�E.'TING, I�1II�iBF�t 15, 1988 PAGE 4 •
�
M�ION by Dr. Vos, seoorrled by P1s. Sava9e, to rec��e�1 �o �tY ��il apprcNal
of variance request, VAR �88-26, liy Dorui P'botY, Pursu�nt to Secti�n 205.17.03.D, (4) .(a) ,
of the Fridley City Code to reduce the fr�t yard setback fron a str�et nght-of-
way abutting a residential district frcm 100 feet to 47.9 feet to a11a�► rhe
cor�stn�ctioa� of an addition to the exi.stinq building cn Lots 2-10, Blocjc 6, Rice
Creek Plaza, Sotilth Adclition, the saane be.ing 6536 Main Street N.E. (Stylmark) ,
with the following stipulations: •
1. The addition be architecturally ornipatible with th�e existinq building.
2, 2he applicant shall submit a lanclscape plan to the CitY Staff far a revie�a
and appraval prior ta the build.ing permi.t issuanae. Zhe pla¢� shall increase
the existing parking lot screenix�g fmn public righ�-of-way. Iandscapit�g t�o be
ins ta lled by Jtme 1, 19 89
3. Prior to building permit issuanve, Stylmark shall sutxnit a site plan which
would delineate a 21 stall parking lot for future use if a shorta9°e of stalls
occurs and is deemed necessary by the City.
4. F�.�ture building expansion shall oocur to the north to minunize the r�eed for
future variances on the south side.
UPON A VQZCE VOTE, ALL V�ING AYE� Ci�,IRPgLSOD1 BARNA DDC7�RID Ti� MCYTIaN CARRIID
UNrIIQ�� SLY .
t�L . Clark stated this item w�uld go tA the City Cau�cil on Deceqr�ber 19, 1988.
CONSIDF�'.ATZON OF 1989 CQM�IISSION MEETING DATE::
M(7TION by Ms. Savage, secorxied by Mr. Kuechle, to appxtive the 1989 Ap�peals
Cumtission meeting dates as presented with the follaaing c!'�arx3e: Oct�L�er 31
to be changed to October 24.
UPON A VOIC� VOTE, ALL VInING AYE � CHAIRPER.9�N B� DDCS�D Tf� MOTION CARRIID
UNA.'�IIP'1(JiJSLY.
.. � 1:. �,�.r�
MC7I'ION by Mr. Sherek, secorrled by Mr. Kued�le, to adjaurn tt.a meeting. Upon a
voice vote, all voting aye, Chairperson Barna declared t2ye Nov. 15, 1988, A�eals
Ccamission meeting adjo�u�ed at 7:55 p.m.
Respectfully sutm,itted,
. .
� = ,%,r 7. � /� �. i
„� r �
Lyn� S�ba
Rec.rording Secret.ary
�
____.�
6�
�RIDLEY CITY COUNCIL MEETING OF DECEMBER 19 1988 PAGE 10
Ms. Rotterick stated there was legislation i.n 1987 proposed by APAC
to protect residents of mobile home parks. She stated.there is
reference in the State statute to the City's responsibility, if
there is taxpayer's money involved. She stated the City would be
required to hold a hearing, if there is a park closinq to discuss
the issues and help determine the park owner's and developer's
responsibility. She stated their group argued against the City
being involved in this legislation.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
2. RECEIVING THE PLANNING COMMISSION MINUTES OF DECEMBER 7, 1988:
A. CONSIDERATION OF A PRELIMINARY PLAT AND SETTING A PUBLI�
HEARING FOR P S #88-02 NORTHCO BEING A REPLAT OF
TRACTS A AND B REGISTERED LAND SURVEY NO. 6, AND TRACT
B REGISTERED LAND SURVEY NO 78 GENERALLY LOCATED AT
500 73RD AVENUE N E, BY FRIDLEY BUSINESS CENTER
PARTNERSHIP:
MoTION by Councilman Schneider to set the public hearing on this
preliminary plat for January 9, 1989. Seconded by Councilwoman
Jorgenson. 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 December 7, 1988. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor
Nee declared the motion carried unanimously.
Councilman Billings stated he wanted the Planning Commission to
know the Council is aware of their concerns regarding the light
rail transit system.
3. CONSZDERATION OF A VARIANCE VAR #88-26, TO REDUCE THE FRONT
YARD SETBACK FROM A STREET RIGHT-OF-WAY ABUTTING A RESIDENTIAL
STREET FROM 100 FEET TO 47.9 FEET TO ALLOW THE CONSTRUCTION
OF AN ADDITION TO THE EXISTING BUILDING. 6536 MAIN STREET
N.E..BY STYLMARK:
MOTION by Councilman Fitzpatrick to grant variance, VAR �88-26,
with the following stipulations: (1) the addition be
architecturally compatible with the existinq buildinq; (2) the
applicant shall submit a landscape plan to the City staff for
review and approval prior to the building permit issuance. The plan
shall increase the existing parking lot screeninq from public
right-of-way. Landscaping to be installed by June-1, 1989; (3)
prior to building permit issuance, Stylmark shall submit a site
plan which would delineate a 21 stall parkinq lot for future use
�
FRIDLEY CZTY COUNCIL MEETING OF DECEMBER 19 1988 PAGE 11
if a shortage of stalls occurs and is deemed necessary by the City;
and (4) future building expansion shall occur to the .north to
minimize the need for future variances on the south side. Seconded
by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor
Nee declared the motion carried unanimously. '
4. CONSIDERATZON OF APPROVING A CONTRACT WITH HEA�,TH PLANNING
AND MANAGEMENT RESOURCES INC FOR SENIOR HOUSING STUDY AND
SURVEY•
,'
Ms. Barbara Dacy, Planning Coordinator, stated the total contract
amount will not exceed $12,000.
MOTION by Councilman Schneider to approve the contract with Health
Planning and Management Resources, Inc. for a Senior Housing Study
and Survey. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
5. CONSIDERATION OF AN EXTENSION OF STREET VACATION AGREEMENT
WITH TARGET WAREHOUSE:
Mr. Robertson, Community Development Director, stated in 1984,
Target acquired a 54 acre parcel on Highway 65, between 71st Avenue
and 73rd Avenue, for expansion. He stated the project has been
delayed and the four year street relocation agreement approved by
the City and Target on January 21, 1985 needs to be extended one
year.
MOTZON by Councilwoman Jorgenson to approve the extension and first
amendment of the street relocation agreement with Target. Seconded
by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor
Nee declared the motion carried unanimously.
6. CONSIDERATION OF A LEASE AGREEMENT WZTH RECYCLE MINNESO�'�
RESOURCES FOR 71ST AVENUE AND UNIVERSITY AVENUE:
Mr. Robertson, Community Development Director, stated this is a
renewal of a lease agreement with Recycle Minnesota Resources. He
stated the two significant additions to this agreement is that the
City allow RMR to construct a small storage area to the,east of the
existing structure and the City work to improve security at the
site by installing additional fencing at the south end.
Mr. Robertson stated Recycle Minnesota Resources has performed well
under the previous aqreement and it is staff's recommendation this
agreement be approved for November 1, 1988 through November 1,
1991.
MOTION by Councilman Schneider to approve this lease agreement for
the period November 1, 1988 through November 1, 1991 with Recycle
6J
/
�
CITYOF
FRiDLE.Y
6K
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450
CITY COUNCIL
ACTION TAKEN NOTICE
Stylmark
Donn Mooty
6536 Main Street N.E.
Fridley, I�i 55432
December 21, 1988
On December 19, 1988, the Fridley City Council officially approved
your request for a variance, VAR #88-26, by Donn Mooty, to reduce
the front yard setback from a� street right-of-way abutting a
residential street from 100 feet to 47.9 feet to allow the
construction of an addition to the existing building, located on
Lots 2-10, Block 6, Rice Creek Plaza, S�uth Addition, the same
being 6536 Main Street N.E., Fridley; Minnesota, 55432 (Stylmark),
with the following stipulations: �
1. The addition be architecturally compatible with the existing
building.
2. The applicant shall submit a landscape plan to the City staff
for a review and apqroval prior to the building permit
issuance. The plan shall increase the parking lot screening
from public right-of-way. Landscaping shall be installed by
June l, 1989.
3. Prior to building permit issuance, Stylmark shall submit a
site plan which would delineate a 21 stall parking lot for
future use if a shortage of stalls occurs and is deemed
necessary by the City.
4. Future building expansion shall occur to the north to minimize
the need for future variances.
If you have any questions regarding the above action, please call
the Planning Department at 571-3450.
Si ce el
�
B rbara Dacy
Planning Coordina
Please review the noted stipulations, sign the statement below and
return one copy to the City of Fridley Planning Department by
January 4, 1989.
�s�-��d �Ia�a�-�
Concur wit act on taken.
Parks
Streets
Maintenanc�,
MEMORANDUM
�.'
TO: William W. Burns, City Manager�• PW89-53
FROM: John G. Flora; Public Works Director
DATE: March 16, 1989
SIIBJECT: Moore Lake Restoration Project
Substate Agreement
We have finally received an amended substate agreement from the
Minnesota Pollution Control Agency for the Moore Lake Restoration
Project. This amendment formally extends the project to December
31, 1989, from the original completion date of 1987 and allows for
the State transfer of payments to the City in accordance with the
original agreement.
In order to obtain funds from the State, this substate agreement
must be executed by the Mayor and a resolution submitted
authorizing his authority to execute the agreement.
Recommend the City Council approve the amendment to the substate
agreement and the attached resolution authorizing the Mayor to sign
the substate agreement on behalf of the City.
JGF/ts
Attachments
7
� _
�
r :! �.
0
STATE OF MINN�SOTA
POLLt1TION CONTROL A(:ENCY
DIVISION OF WATER QUAI.ITY
' AMMENDED SUI3STA7'E AGRI:i:M�N'f ANU
STATE GRANT AGREE114ENT
WITERF.AS, the State of Minnesota. Pollution Control Agency has a Sub.atate
Agreerrient No. 32100-DO1-$1 with City of Fridlcy to perform an implcmentation
project� to reston the water quality of Moore Lakc rnd;
W�IEREAS. additional time is required to complcte the tasks stated in the
Agrcemcnt and
WIICREAS, paragraph 111 A-2 providcs that:
"Wvrk schedule commences on June 1, 1980 and termin�tes on
llecember 31, 1987"
NOW TIIEREFORE IT IS AGREED BY ANI) D[:TWFEN '1'lIE PAR7'IF,S IILRCTO:
That paragraph III A-2 shall be amended to read:
"Work schedule commences on June 1, 1980 and termin�tes on
December 31, 1989"
e
7A
n
_ _ .. . ... ..r...__----
78
0
Page 2 of 3
WIiEREAS, Federal Grant Number 50055570-0]-W, as amended, provides a
budget of:
9
Program Elements
MPCA Administration
Engineering
Construction
Legal and Administrative
Testing and Inspection
Total Program Elements
Federal Share
Non-federal Share
Program Income
Current
Approved Budget
E47.840
E253,354
i580,000
E100,000
a25.000
E1.006.195
5503,097
5503,098
-0-
NOW TIiEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES I�ERETO:
Program Elements
MPCA Administration
Eng i neer i ng
Construction
Legal and Administration
Testing and Inspection
Total Program Flements
Federal Share
Non-federal Share
Program Income
New or Revised
Budget
E20,000
E249.617
b589,732
E118.922
E27.923
E1.006,195
b503.097
E503.098
-0-
IN WITNESS WIiEREO�, this agrecmcnt shail bc cffcctivc �n thc date ot
execution as to encumbrance by the Commissioner of Finance and shall remain
in effect until December 31, 1989 or until all obligations set forth in this
Agreement havt been satisfactorily fulfilled, whichever occurs first
�
0
LOCAL UNIT OF GOVERNMENT
sy �
Willi.am J_ Nee, Mayour
Title
Date �'� 20, 1989
Approved As to Form and
Execntion
By
Authorized Title
Signature
Date � � _
7C
Page 3 of 3
MINNESOTA POLLUTION CONTROL AGENCY
By .
Comraiaaioner '
Dau
B�
Date
Approved As to Form and
Eaecution 6y the
Attorney General
,
Special Assistant
Attorney General
COMMISSIONER OF ADMIMSTRATION
By _ _
Title
Date .M��
COMMISSIONER OF FtNANCE
ENCUMBERED
DEPARTMENT OF FINANCE
sy
Title
Date _
RE$OLIITION NO. - 1989
RESOLIITION AIITHORIZINa THE MAYOR TO E%ECIIT$
TH8 AMENDED SIIBSTATB AGREEMENT FOR THB MOORE
LARE RFSTORATION PROJECT (EPA GRANT �30055570-
01-04)
WHEREAB, the State of Minnesota and the City of Fridley have
executed a substate agreement #32100-B01-81 to perform improvements
for the restoration of water quality of Moore Lake, and
WHEREAB, additional time is required to complete the tasks stated
in the agreement, and
WiiEREAB, certain budget amounts needs to be revised, and
WHEREAB, the City of Fridley desires to complete the execution of
the Moore Lake Restoration Project.
N011, THEREFORE, B$ IT RESOLVED, that the Mayor, William J. Nee, is
authorized to sign the agreement on behalf of the City.
PA88ED AND ADOPTED BY T8E CITY COONCILS OF THE CITY OF FRIDLEY THIS
20TH DAY OF MARCH, 1989.
WILLIAM J. NEE, MAYOR
ATTEST:
SHIRLEY A. HAAPALA, CITY CLERK
7D
Engineer�ny
Sewer
Water
Parks
Streets
Mainlenanc�•
MEMORANDUM
�'
TD: William W. Burns, City Managex,�� PW89-52
i�: Jahn G. Flora� Public Works Direct�or
L1�,TE: March 16, 1989
SUBJECr: FYidley Municipal Center Inproven�ent
Ptroject No. Z89 - Ct�arge Oz�er Nas. 1, 2, & 3
To aate, tY�e Fricuey r�unicipal cent�s Project xo. ls9 has five (5) ci�arige oraers
irivolving twerity (20) proposal requests. Z�e City Council approved Change Order
No. 4 on FebYV�aYy 14, 1989, arid Change Order No. 5 on FebruaYy 27, 1989. Change
Ordex Nos. 1, 2, ar�d 3 voanbine praposals reqt�sts approved by the City M�nager
but not previously received or appraved by th�e City Coiuicil.
C�ange Order #1: vonsistir�g of praposal requests #1, 2, 3, 4, 8, 9, 10, 11 &
12 for a total vost of $16, 570. 00 irYVOlved roof, volwm� ar�d
structural modifications identified when w�rk cc�unenoed on the
old buildirq.
C��ge Order #2: consisted of proposal request #5 for a total oost of $8,975.00
to s��port the r�eoe.ssaYy co�duit for increased lic�tiux� artid
surveillanoe within the parking ra� desired by the HI2A.
Change Orrlex #3: oonsisting of prr�posal requests #7, 14, 15, 16, 18, 19, & 22
for a tatal oost of $21,157.00 cambines soane fire station
revisions and tile ct�ar�ges fotuxi necessas.y as the renovation
exposed buildi�g arad stn�ti.�al. deficiencies.
It wvuld be appropriate for the City Cau�cil to re,oeive ar�d approve the first
three ( 3) char�ge or�ers for th�e proj ect.
Zhe attac�ied Q�arx�e Orders ide.ntifY the Pz�osal recNests and oosts for the
renvvati� project within the three categories of Municipal Center, Fire Stati�
ar�d Parkit�g Ranp.
JGF/HJ/ts
Attac�unerits
,
�
�
�,
�. � �
8A
QTY OF �2ID�E'Y
IIJGIN�II�G �PAI�Tr
- 6431 i�IIVIIZSI'I'Y AVE. , N.E.
FRID�IESt, Md 55432
Mat�ch 20, 1989
Kraus-Arr3erso�3 oonst. do.
525 So. Eighth St.
Mirn�apolis, I�I 55404 _
S'IJ�T�CT: Ct�vr�e OY+der No. 1. Pt�opo�l RequeSt
Nos. 1, 2, 3, 4, 8, 9, 10, 11, ar�d 12
far FYidley l�uiicipal Center In�mave�ent
Ptnject rro. 189
Getitleaieri:
Yau are hereby ordered, authorized, and instnicteci to modify ycur voa�t.ract for the FYidley
Nhmicipal dent�er InQrov�aerYt Project No. 189 by addir�g the followir�g w�ork:
Ad�ditiaa�►:
P. R.
_� ITII�I StJB00NI�2ACP0�2 AMCXJIJr Z�AL
1. Roof drain syst�a K1aAm M�ecii. $ 3, 206.00
C.V. Nielsos� 1,070.00
KranZ C�anst. 1,300.00
2. Wood bac�aip - Ootu�cil
�
3. Mec�anical c�a.,se
4.
8.
9.
10.
11.
12 .
Paured aor�r+ete Col�
Anteru�a Anc3�or
n o
i�of Insulatiori
Fire-floar levelit�g
Irrigation rw��in
Ea.st st;air-treat
- . - •.;
� ., •.�.
� « ,-
Park �t.
Mi.tn'�eton)ca Iron
C.V. Nelsan
Aoo�u.st. Flaors
Klama I�eCii.
1,781.00
1,717.00
1,532.00
480.00
250.00
70.00
760.00
600.00
3,754.00
$5,576.00
$1,781.00
$3,729.00
250.00
70.00
760.00
600.00
$3,754.00
revisian Mi�v�e4-.oNca Iran 50.00 50.00
'1�� ADDITZ� . . . . . . . . . . . . $16 � 570 . 00
: :
KY'dus-Ai�eY'SQ't 00[�st. QO.
P� Z�
Ct�arx�e Orc]er No. 1
���.��_ � ►� � • � �; ���
Original Qoa�tsact �t. . . . . . . . . . . .$3,419,170.00
C7oa�trac't Adciit3oc�s — Ct�al�ge Oz+der No. 1.... 16, 570. 00
� 1tFpIB� �Ti'ItALT AM�Tl' $3, 435, 740.00
Sui�mitted and app�wed by Jotui G. Flora, Public War�ks Director, an the 20th day of Mardi,
1989.
,
��
Ja�tu't G. Flora, P. E.
� Director of Public Works
Approved arid avicepted this day of , 1989, by
�•. ��: �� �,-.:. ..; ..
'ICnt SaC,Jcett, Ptroje[.-t Ma1'lager
Approved and avoe�7ted this day of , 1989, by
�44 •i• :��►iF:t'�
Willi.am J. Nee, May+�r
Williazn W. Burns, City Manager
6
�
CiI'Y OF FRID�EEY
- L'�PAF�r
' 6431 LA�JIVF�tSITY AVE., N.E.
FRIDIEY, rTi 55432
Ma�h 20, 1989
Kraus-At�d�ersat� Qonst. Oo.
525 So. Eic�th St.
Miru�eapolis, 1�1 55404
StTB7D(X.:T:
,
Gentlemen:
Cha�e Ord�er No. 2. Prq�osal Requ�st No. 5
Fridley l�micipal Oenter Imp�+ovam.rYt Pro�ject No. 189
Yw are hereby ordered, authoicized, and i� to modify yaur oa�tract fa�
the Fridley I�uzicipal Oenter In��ovesnerict Project No. 189 by a�ciciir�q tl�e follaairyg
wt�rk:
Additiar�s
P.R.
� �
5. R� additional
Iic,�ting raagirin
• v • r• H •�- �;�,•..
�:��. �• • y�• r • v•
Parx voa�st. $ �oo.00
G�haxt ElectriC 8, 275. 00
'1�1lL AmITIQ� . . . . . . . . . . . . $ 8, 975. 00
Original OorYtract amo�t. . . . . . . . . . . .$3,419,170.00
Coa�tract Additi�s - CYk3rrc� Order No. l. .. . 16, 570. 00
- Qzarr3e Onlet No. 2. ... 8, 975. 00
IiEVIBID QO�Ti'RACP A1rD�TP $3,444,715.00
S'tiahnitted ar�d approved by John G. Flora, Public Works Director, an the 20th day
of Marrh, 1989.
�
John G. Floxa, P.E.
Director of Public Works
�•1�7
'a . . - . •. . •.
_._ .
• .- � .- .
App�oved ani �ooeptsd this day of , 1989, by
.•;�:�: :,..�-._.� ��,-��a
1ffi S�, Pt�DjeCt Mal�ac�et
App�wed at�d aooep�ed this day of , 1989, by
0
N •�' • ��1 :
Williavn J. Nee, Mayor
William W. Hurns, City Manager
: �
�
Cri'Y OF FRI�EY
�PA�TP
6431 LINIVE�ITY AVE., N.E.
FRID?�Y, Md 55432
Marc3i 20, 1989
i�raus-Arx3erson Oot�t. Cb.
525 So. Eic�lth St.
Mintseapolis, 1rII�1 55404
StTHTDGT: Cl�ux}e Ord�er No. 3, ProQosa,l Reg�est Nos. 7, 14, 15,
16, 18, 19, and 22 fa� �idley N�micipal
� QerYter Ia�rvvement Project No. 189
C�entle�en:
Yau are hereby orclex�ed, authorized, at�d ir�stn�ctsd to modif�i yaur �tract for
ti�e Fridley l�uzicigal Deriter Inprovemerrt Project No. 189 by addirg the follawinq
work:
Additiaal:
P. R.
� ITfr � ANK7[JNr Z�O�'AL
7. Fire Station slab Jeso� $ 5,536.00 $ 5,536.00
14. Fire Statio�'1 � Kranz 997.00
Guillaw�e 600.00 1,597.00
15. Revise cloox' vpeniu'rg Kranz 1, 985. 00
Je�oo 650.00 2,635.00
16. MasonYy r�air north
wall Jes�o 1,4I3.00 1,413.00
18. Wirrlow r�lao�oent in
Fire Statiotl BriTi 2,100.00 2,100.00
29. Wells atxi foatir�gs - east
e�l of r� G�r�ori 3, 900 . 00 3, 900 . 00
22. Flectric3l Yoam Gephalt 3,150.00
' revisian Gler�a�e 501.00
C�lillane 40. 00
Natiac�al 285.00 3,976.00
Z�0�1'AL AmI'1'IQ�B . . . . . . . . . . . $21,157.00
I�aus-I�r�erson oo�t. o�.
� �
c2�ar�ge ora�er rio. 3
%�� • r• yr,- �;���:�•..
Origir�al Dorttract aottro�unt . . . . . . . . . . . . . . $3, 419,170. 00
QocYktact Additiod'is - Ct�arge Ordps No. 1. ... 16, 570. 00
- Criarx�e Ot�der No. 2. ... 8, 975. 00
- C�atx�e Order No. 3. ... 21,157.00
I�RIS6D � AbD�Tl' $3,465,872.00
Sulamitted arxi apprwed by J�hn G. Flora, Public Works Director, ar� the 20th day
i
G. Flora, P.E.
irec.�tor of Public Wbrks
Apprwed at�d avoepted this day of , 1989, by
�•,. ��: ,.:�•.:. .. ..
Z�am Sdckett, Project Manac�er
Approved ar�d aoaepted this day of , 1989, by
M •1' ' ��1 :
W�Z�Q �/ • 17CC� 1•Yi�r
William W. B�rns. Citl' Manager
,
8F
Engineerinq
Sewer
Water
IParks
�IStreets
�Main[enanc��
MEMORANDUM
�'
TD: William W. Burns, City Manager �'� PW89-51
F�: Jc�hn G. Flora� Public Works Director
L�iTEs Marc3z 16, 1989
S�JB�TDCT: Fridley Nhinicipal Center Project #189 -
Change Order No. 6
Zb d�ate, the architec�t has doc�nertt.ed sixty-three ( 63 ) PY�poeal R�giests ar�d
tw�r►ty-three (23) Work Orders for the project. As discu.ssed in the previaus
memos, C�ange OYder Nos. 1 thr+o��gh 5 have prooessed 20 Prapoeal Requests.
C��ange Order No. 6 consists of PropasaZ Request Nos. 17, 26, 32, 37, 39, 40, 43,
44, 46, 47, 56, 60, arxi 63 for a tatal cost of $39,826.72 ar�d Work Order Nos.
1901 to 1923 (exc:ept 1914) for a tatal ama�t of $12,309.71.
Zhe Proposal Requests incoYporate the various c�ariges to the sco�e of wnrk
resultiryg frcan un}mo�m circ�m�tar�oes arid vwner ar�/or architec.�t identified items
neoe.ssary to satisfy the buildirg neec].s.
Work O�iexs are beiryg prooes.,sed by staff to expedite the oontingenc.y w�ork
r�eoe��sary to allaw for the steady progres.sion of woork as proble� occur or are
identified.
The r�na i n i r� pY,,�l ��� ��,�n9 Praoes.sed by the suboontractors : Kraus-
Anderson or Boarman ar�d As�sociates. As the it�ms are defined, appropriate charx�e
onders will be prepared ar�d sulxnitted for approval.
R�eoamne,nd the City Cbuncil approve C��arx�e Order No. 6 inclt�ding thirteen Proposal
Requests aryd tw�enty-tw� (22) Work Orders for a total amount of $52,136.43.
JGF/BTi/ts
Attac�nmerits
0
•,
•� � �
crr� oF �
�zaGn�na� n�a�xr
6431 iA�1VFF�S1'1'Y AVE. , N. E.
FRI�EY, Md 55432
M1rc� 20, 1989
Kraus-At�deY'soal �st. OD.
525 So. Eic,�ith St.
Mirn�eapoli.s, Md 55404
SUBTF7GT: Clzatx�e Oxt�er No. 6, Pr�Qo�al R�equ�est Nos. 17, 26, 32,
34, 37, 39, 40, 43, 44, 46, 47, 56, 60, 63 ar�d
' Work Ordet' Nos. 1901 to 1922 Far' F'ridley
I�micipal C�enter Imp�ov�nt Project No. 189
�
Ge7rttle�en:
You are hereby ordered, authorized, ar�d instn�c.�ted to modify ywr oo�tract for
the Fridley I�Dunicipal Center Improve�m�nt Pro j ect No. 189 by addin� the follaair�g
work:
Additic�:
P. R.
�_ ?� AN�Tr �rAL
17. Fblioe Detention Jesca $ 3,415.00
�rea
26.
32.
34.
37.
39.
40.
Fire Statioci -
Radio T.V. Outlet
Security lightiryg
�P
laevise C�tc�i Basin
oave�' arrd PiP�4
c��-uyge Fire Dampexs
Pblive Deten.
Relocate electY'iCal
P�s
Add additiac�al
flauresoe,nt lic�t
fixtures
Graryo�t�e Irocl
Reai'io�ce Oar'ist.
Natioa�al Sprinkler
Gephart ElectriC
,; i la�e & As.soc.
Gephart Electric
Ge�ph�art Electric
Klanm
F�vir+o�-Oan, 7syc,
c�phart Electric
Ge�phart Electric
632.00
225.00
176.00
4,055.00
45.00
$ 8�548.00
3,570.00 3,570.00
15,220.00 15,220.00
4,877.72 4,877.72
63.00 63.00
1,460.00 1,460.00
2,580.00 2,580.00
9A :
N.OUJ��r
+ �'��" �
Cl�aryge Ord�er No. 6 -_
43. Fblioe Dept., add
telepY�oc�e, CRT &
reoegtacles c�art Electric
44. Add Fire Statior�
oeiling to
Watc3�i Roan Mulcahy D�ywall
46. Blocking to matc3i
existing aiyd r�w
h,; � ainq ciYy vit
systesn A.E. Carirtid (b.
,
47. Fire Statiori entranoe ffiim Northw�estern
NhilcahY DYywall
56. Provide c'i�or vontact
ar�d signal wirir�g
1,180.00 1,180.00
100.00 100.00
550.00
185.00
200.00
550.00
385.00
mech. Door #12A Gephart Electric 275.00 275.00
60. �coercial hat Water
heater KLaam Mecii. 368.00 368.00
63. Elevator sY�aft
i�rk Miru�e�.,orta Flevator, Inc. 650.00 650.00
Subto�tal $39,826.72
WORR ORDE[[t I�A.
1901 Pairit back of fold�
bed.s (�illawne
1902 Rock/'I�pe staixw�ell N�ulcahy Drywall
1903 Widen ea.st wall to
reoeive electrical
equiPm�x�t MulcahY Drywall
1904 Ctlarx� opening to
reoeive �rall i�eci.s N�u].cahy DYywall
1905 �n 142 - F11r
e,ast wall 1�ul.cahY DYyWall
1906 Rc�am 132 - reframe
walls Mulcatiy DYywall
124.00 124.00
594.00 594.00
99.00 99.00
140.00 140.00
99.00 99.00
50.00 50.00
�r
Kraus Air3eL"sal
� �
- Charx�e Onier No. 6
1907 Roan 138 - booc a1t
rain leader 1�ulcalYY D�y�rall
1908 Create ci�.se-oo�cluit NhticahY D�y�rall
1909 Cbrt. 051�wi.der wall MulcatYy L�ywall
19Z0 Jack hat�es�S.W. pier Jes�o
19I1 Rr�om 008-raise lirYtel �
at pocket cloor Jer�oo
Kraus-Arrlersoaz Material
1912 Exterior Radiati�
upstaixs - add
re�at.e blad�ets Klanm
1913 iZoc�n 118-fur t�rdlls Mulcahy D�ywall
1914
1915 Add 12 fire da�exs �vir+oa�►-Coai
1916 R�oota 116-change
spririltler head Natianal S�rinkler
2917 �p 123-fur coltmm Mulcahy DYywall
1918 Room 519-add layer of
rocac ar�d fur Wall N�ulcahy Drywall
1919 North elevatiwr
tucJc point crack Jesoo
1920 Scuth elevatioar�
tuGlc poim piers Jesoo
1921 SGree.n wall piers-
rebii.ld brick Jesoo
1922 Electrical rocsn
c�aryge vyer xraus-Arxierscx�
1923 R�oam 014-supply &
irLStall lauver F�viron�ori
��
87.00
633.00
150.00
360.00
87.00
633.00
150.00
360.00
528.00
34.75 562.75
240.00 240.00
142.00 142.00
2,761.00 2,761.00
n/c n/c
87.00 87.00
298.00 298.00
250.00 250.00
1,800.00 1,800.00
2,364.00 2,364.00
550.96 550.96
918.00 918.00
S�bta�ta� $12, 309.71
KYdtUS-AT1aP1T°0[1
p� F'011t
Q�r�ge Oxd�er No. 6
. �
'I�lt A�DI'PI�L�B . . . . . . . . . . . . . . .
��_ � ►� h •�• �;�-..
Origi.t�al dorYtract aa[ro�uYt . . . . . . . . . . . . .
Qo�tract Additi�s - Q�arr�e Ord�et No. 1. ...
- Ct�tx�e Order No. 2. . . .
- C�atx3e Ot�d�er No. 3. . . .
- Ci�al�c�e Oraer No. 4. . . .
- Ci�rr�e Order No. 5. . . .
- C�at�e O�r' No. 6. . . .
•�: • _t:,� ••�. H'�� •'1�
$52,136.43
$3,419,170.00
16,570.00
8,975.00
21,157.00
30,700.00
31,000.00
52,136.43
$3,579�7Q8.43
S�o.itted a�cl appraved by John G. Flora, Public Works Direc�tor, on the 20th day
�
�
G. Flora, P.E.
Director of Public Works
Appraved ar�d aooepted this day of , 1:989. by
r. •, � � _ �. :� •.c . .. � ._ ..
T�R SdCkBtt� P1rojeC.'t N13T13qex'
Approved ar�d aooepted thi.s day of , 1989, by
w44 •i :�• ��_ �7�
Willia� J. Nee, Mayor
William W. Burns, City Manager
Engineennq �
Sewer
Wa�er
Parks
Streets
Main�enance
MEMORQNDUM
,��
TO: William W. Burns, City Manager A!�' PW89-48
��.
FROM: John G. Flora,�lublic Works Director
DATE: March 13, 1989
SIIHJECT: City Council Award of Lake Pointe Developme�t
Maintenance Project No. 187 _
On Thursday, March 2, 1989, we opened bids for the Lake Pointe
Development Maintenance Project No. 187. This project covers all
mowing, miscellaneous cleanup, pruning and maintenance of the
irrigation system of the forty-four (44) acre site.
The low bidder was Greenmasters, Inc, with a bid of $34,220.00.
The HRA, at its March 9 meeting, recommended the low bid be
approved.
Recommend that the City Council award the contract for Lake Pointe
Development Maintenance Project No. 187 to Greenmasters, Inc. for
$34,220.00.
JGF/JT/ts
Attachment
10
�,
•. � �
10A
BID PROPOSALB FOR
LAKB POINTB DSVELOPMENT
MAINTENANCE PROJECT NO. 187
THIIRSDAY, MARCH 2� 1989 11:00 A.M.
BID TOTAL
PLANFiOLDER BOND BID COMMENTS
Greenmasters, Inc.
Waterford Park
505 Highway #169 N.
Plymouth, NIId 55441
Talberg Lawn & Landscape
100 Wilshire Drive
Minnetonka, Mn 55343
J.T. Noonan Co.
3601-48th Ave., N.
Brooklyn Ctr., MN 55429
Germundsen Companies
20142 - 156th St. No.
Elk River, NIId 55330
Austin P. Keller Co.
481 Front Ave.
St. Paul, MN 55117
5$ $34,220.00
5$ $36,252.00
5$ $41,300.00
5$ $63,100.00
NO BID
i
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Engineenny
Sewer
Water
Parks
Streets
Mainien�incc
MEMORANDUM
.
TO: WiZliam W. Burns, City Manager ���� PW89-49
FROM: John G. F1ora,�Public Works Director
DAT$: March 13, 1989
SIIBJBCT: City Council Award of Street Improvement
Project No. ST. 1989 - 10 (Sealcoat)
On Wednesday, March 18, 1989, we opened bids for Street Improvement
Project No. ST. 1989 - 10 (Sealcoat). This project is an annual
contract in the maintenance and life extension of the City's
bituminous streets.
The low bidder of three bids received was Allied Blacktop with a
bid of $99,806.58. Allied Blacktop's unit prices were equivalent
to last year's low rates. Predictions are that oil prices will
rise this spring another $.02 to $.03 per square yard.
The City of Columbia Heights is not prepared to advertise for bids
at this time. Therefore, a delay in award would result in an
increased cost.
Recommend that the City Council award Street Improvement Project
No. ST. 1989 - 10 (Sealcoat) to Allied Blacktop for $99,806.58.
JGF/JT/ts
Attachment
11
.
�.. a
HID PROPOSALS FOR
BTREBT IMPR09EMENT PROJECT NO. ST. 1989-10 SEALCOAT
WEDNESDAY, MARCH 8, 1989 I1:00 A.M
BID TOTAL
PLANHOLDER BOND BID COMMENTS
Allied Blacktop
10503 - 89th Avenue North
Maple Grove, I�T 55369
Astec Corporation
P.O. Box 1025
St. Cloud, MN 56302
Bituminous Roadways
2825 Cedar Avenue South
Minneapolis, 1�IlJ 55407
Bituminous Paving Inc.
P.O. Box 6
Ortonville, MN 56278
D. A. Davis, Inc.
P.O. Box 5163
Spencer, Iowa 51301
5$
5$
5$
$99,806.58
$104,667.61
$112,734.89
NO BID
NO BID
11A
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7
Eng�neenn��
Sewer
Water
Parks
'IStreets
'IMaintenani�
MEMORANDUM
TO: William W. Burns, City Manager •��• PW89-47
�
FROM: John G. F1ora,�Public Works Director
DAT$: March 13, 1989
BIIBJECT: City Council Award of 1989 Miscellaneous
Concrete Curb, Gutter & Sidewalk Project
On Thursday, March 9, 1989, we opened bids for our 1989
Miscellaneous Concrete Curb, Gutter & Sidewalk Project. This
project is an annual contract and is part of Fridley's overall
repair and replacement maintenance needs.
We received seven (7) bids this year with Gunderson Brothers, the
1987 contract awardee, low bidder of $35,295.00.
Recommend that the City Council award the contract for the 1989
Miscellaneous Concrete Curb, Gutter & Sidewalk project to Gunderson
Brothers for $35,295.00.
JGF/JT/ts
Attachment
12
•,
•. � �
BID PROPOSALS FOR
1989 KISCELLANEOIIS CIIRB, GIITTER i SIDEWALR PROJECT
THURSDAY, MARCH 9, 1989 1I:00 A.M
BID TOTAL
PLANHOLDER BOND BID COMMENTS
Gunderson Brothers
2325 Snelling Avenue
Minneapolis, MN 55404
Standard Sidewalk
3346 Washington Avenue No
Minneapolis, MN 55412
Lindahl & Carlson, Inc.
1821 University Ave., #245
St. Paul, MN 55104
Halvorson Construction
4227 - 165th Avenue N.E.
Anoka, MN 55304
Adcon Inc.
16191 Round Lake Boulevard
Andover, MN 55304
HRS Construction
18140 Fenway Avenue North
Farest Lake, MN 55025
Ron Graves Contractinq
10400 Bass Lake Road
Plymouth, MN
Victor Carlson & Sons
6420 Flying Cloud Drive
Eden Prairie, MN 55344
Curb-Masters Inc.
4690 Penkwe Way
Eagan, l�i 55122
Gustafson & Goudge
Box 28
Clearbrook, I�I 56634
5$ �$ 35,295.00
5$ �$ 35,380.00
5$ �$ 35,395.00
5$ �$ 36,378.00
5$ �$ 56,500.00
5$ �$ 57,840.00
5$ �$108,435.00
NO BID
NO BID
NO BID
12A
PAaB 2
HZD PROPOSALS FOR
1989 MIBCELLANEOIIB CIIRB, GOTT$R i SIDEWALR PROJECT
TI�iURS DAY , MARCH 9, 19 8 9
PLANHOLDER
Austin P. Keller Co.
481 Front Avenue
St. Paul, MN 55117
New Look Landscaping
3386- 50th Avenue
Becker, MN 55308
Swanston Equipment
P.O. Box 1963
Fargo, ND 58107
BID
BOND
11:00 A.M
TOTAL
BID
NO BID
NO BID
NO BID
r.
COMMENTS
12B
Engineern-���,
Sewer
Water
Parks
SRee�s
Maintenanc�_
MEMORANDUM
,��'
TO: William W. Burns, City Manager �;'� PW89-54
FROM: John G. Flora, �Public Works Director
DATE: March 16, 1989
SIIBJECT: MVET Fund Transfer
The 1989 Legislature is considerinq a bill to transfer the existinq
Motor Vehicle Excise Tax (MVET) from the Highway User Distribution
Fund which includes the cities and counties to a Highway
Transportation Study Fund which predominately supports the LRT.
The 1987 Legislature increased the MVET transfer from the General
Fund to 30 percent being split, 25 percent to transit and 75
percent to Highway User tax distribution. It has been the position
of the municipalities that 100 percent of the MVET be transferred
from the General Fund to the Highway User Fund. Current
Legislation calls for the elimination of the MVET Highway User Fund
and that portion to be transferred directly to MnDOT for state
trunk highways thereby cutting out the distribution funds to the
counties and cities.
I have prepared a resolution for the City Council's consideration
which requests 100 percent of MVET funds to be provided to the
Highway User Distribution Fund and that the sunset clause be
eliminated so that revenues will continue to be distributed to the
cities and counties.
Recommend the City Council approve the attached resolution.
JGF/ts
Attachment
cc: Rick Pribyl
13
�
�._� �,
IYE80I�TPI�T iD. - 1989
1�80LUPI�i 8[JPP�O�R"II� l�riln[t VS�CyS E�DCI�tS TAX (MVEP)
F�A�II�i I�i STRF.L�'P
�AS, the City of Fridley, Mi�so�ta r�presents a papulatioaz of 30,228; and
�,8, the citizens are particutarly aware of the transportatioai need.s of the
cities and oamties in the State of Miru�eso�ta; ar�d
�AB, the street ar�ci hic�way system is deteriorating at a rate faster than
the fin�ncial ability to maintain arid rebu.ilt it; arid
�AB, transportatioaz fvnding is a hic� priority issue of 1989; and
�,8, it is apprapriate to use road user funds for major street arxi road
oonstzucti� rather than usin4 P�Y �; and
�S, city gaverm�t hic�w-ay ar�d street plans are predicated � proceec�s
fraa the Mator Vehicle �ccise Tax (MVEr) and with ariy reductioaz of these furids,
many city plans will be cut back or riot oaapleted.
�, th+e peroent of local participatiori in the oon.stnictioal and
reoonstnu.�tioai of state-awned hiyhw�ays is ir�creasir�g.
1�7i1, �, B� IT REB�L�, by the City Cau�cil of the City of Fridley that
the 1989 sessioc► of the L�gislature prwide for the transfer of 100 peroent of
the MV.E.T to the Y�oad user fvnd to prwide a stable sa�oe of adeg�ate fundir�g
for the oonstnx.�tioai and maisit�en�.� of streets arid hiyhw�ays in the state.
� IT F� ltE90LVV� that the "�" provisiaal included in the 1988
Transportati� Ftur3ir�g Bill be rezroved so that MVEr revernie can vontinue to go
to the Hic�way User Tax Distri.butioa�t FLmd so that it can be u_sed for city
streets and va�ty rnacis in the State of Minnesata.
P�SS�ED AI�ID ADOPl'ED BY '1'� CI'IR ��� CITY OI+ FRIDLEY ZHIS 2018 L1�iY �'
MAIbCS� 1989.
WILLSAM J. N� - 1�YOR
ATI�:ST:
^� ��• �. . .. w « �•
13A¢
E�,g��,�:F�����:;
s�,«,,,
w.,�r•�
F��,�w,
s�r��•�s
I`Ma�nten,����-
MEMORQNDUM
TO: William W. Burns, City Manager PW89-18
FROM: John G. Flora; Public Works Director
DATE: January 26, 1989
SIIBJECT: 1989 Department of Health Legislation
As I have previously mentioned, the Department of Health is
sponsoring a Bill for the 1989 Legislature for funding of public
water supply monitorinq. The Department is proposing to add
fifteen (15) new positions to their organization and support the
municipalities with laboratory services for the various water
analysis that are being prescribed by the EPA and the State
Department of Health.
The proposal before the Legislature is to require an annual fee of
$3.20 for each water service connection in the City to be collected
by the City and submitted to their offices to fund their
activities. In Fridley's case, this would be in excess of $30,000
per year. Currently, our water analysis are in the area of around
$1,000 and based upon their own figures they anticipate that water
analysis costs for municipalities would amount to $3,500 which is
substantially less than the fees collected.
Up until a few years ago, the Department of Health was
accomplishing water analysis for the cities. In 1986, they sent
a letter out sayinq they were no longer able to accomplish this
work and directed the cities to continue the analysis and to fund
the work. Therefore, based upon this past experience, there is no
guarantee that even if this Leqislation is passed that the
Department will continue to permanently provide laboratory services
to the municipalities. Accordingly, based upon the past experience
and the charges that are anticipated, it does not appear economical
for the cities to support this legislation. I would, therefore,
suggest that the Council contact the State Legislators or, if they
deem appropriate, I can prepare a resolution to also submit to the
State so that they can receive our comments prior to any formal
action on the Bill.
JGF/ts
Attachments
14
�� l
1i� �S
�
minnesota department of heaith
717 a.e. delawaro s� p.o. box 9441 minneapolis 554�0
(612) 623•5000
DATE
TO
MEMORl1NDUM
: January 20� 1989
: City Council/Town Board/Rural Nater Supply/System Operator
FROM : Gary L. Englund, P.E.� Chief ��
Section of Water Supply
and Engineering
SUBJECT: Report to the 1989 Legislature, Proposals for Alternative Funding
for Water Suaulv Monitorino and Surveillance in Minnesota
By way of this notice, the Minnesota Oepartment of Health �MDH) wants to alert
you to proposals that will be considered by the 1989 Legislature on funding
for public water supply monitoring. As the owner and/or oaerator of a aub-
Leaislature's deliberations in this �atter. The following is a brief sum-
mary of the report including the costs that will be incurred b public water
supplies as a result of the 1986 Safe Orinking Water Act (SDWA� amendments and
the funding alternatives submitted to the Legislature by MDH to cover these
costs.
As the state agency responsible for protecting and monitoring public drinking
water suppiies in Minnesota, the MDH submitted a request to the 1988 legisla-
ture for support of a significantly expanded program, which included funding
for 1 ew ositi s and supqort for lab�r_ r servic . The funding request
was ased on 1 the need to provide greatly expan ed monitoring of public
water supplies due to �he concern for the occurrence of many man-made chemi-
cals in drinking water and 2) the federal 1986 SDWA amendments that require
public water supplies to greatly expand the monitoring performed on their
drinking water. The 1988 Legislature directed the MDH to report back to it
prior to the 1989 session with proposals for funding the drinking water pro-
gram in the future.
Backaround
There are 12,000 public water supply systems in Minnesota divided into three
categories: comaunity (1�000)� nontransient noncommunity (1,665), and noncom-
munity (9,305) systems. The nonconmunity systems require minimal testing.
However, community (such as yours) and nontransient nonconmunity systems will
be required to test for 83 contaminants compared to the 22 presently
monitored. MDH has estimated that the ann a e cost to each community
and nontransient noncorm�nity water sys em will be , with some systems
incurring annual costs of � �to S3 �500 because o t e ighly variable monitor-
ing frequencies. To fully fund the l�f�H drinking water program� iacluding the
an equal opportunity employer
14A
14B
City Council/Town Board/ -2- January 20. 1989
Rural Water Supply/System Operator
cost of all required water analyses, requires approximately S3 million per
year.
The funding options for the drinking water program contained in the report are
as follows: �
1. 6enerai Furtd. Every taxpayer contributes to this fund and most state
programs use this as their source of funding� therefore there is consider-
able competition for these funds. The Commissioner's Drinking Water Task
Force recommended that the program be supported by general fund
appropriation.
2. Revenue-Generating Options.
a. Cost-of-Service Fee for Water Testing and Inspection for Each Public
Nater Supply. Cost per person per year ranges from s33.20 (small
,systems) to �.002 (very large systems).
b�. Service Connection Fee for Each Customer Connected to a Conmunity
Water Supply. Annual fee of s3.20 per water service connection
would generate sufficient revenue to support the program.
c. Fee Based on the Quantity of Nater Used by Each Customer of a Comnu-
nity Water Supply. A fee of s.021 per 1,000 gallons of water used
would generate sufficient revenue.
d. Operatin Fee. Annual fee based on a sliding scale: nonconmunity
- systems �100 or s200 and community systems s2�300 (less than
100 persons served) to �4�200 (greater than 100,000 persons served).
e. Combination of One or More of the Above.
MDH, in its report, is recomnending the annual service connection fee as the
preferred funding alternative� because it is reasonably equitable� easy to
administer and assures a stable funding source. A bill imposing this fee will
be submitted as part of the Governor's legislative package.
It is important to note that both federal and state rules place the responsi-
bility of water quality monitoring on the individual water systems. Thus,
associ-
The Legislature will be discussing water supply funding during the current
session. Since every public water supply system in the state is affected, we
�ould encoura e ou to contact our state le islators and let your feelings be
known on the funding a erna ives ing cons� ere . If you would like to
receive a copy of the complete report, please contact eie at 612/623-5330 or
Dick Ciark at 612/623-5227.
6LE:RDC:ter
RESOLIITION NO. - 1989
RESOLIITION OPPOSINCi THE T$STING SIIRCHARGBS
PROPOSBD BY THE MINNSSOTA DLPARTMENT OF HEALTH
WBEREAB, the Minnesota Department of Health has proposed to the
State Legislature that funding for testing public water supply
systems be transferred from the general fund to a surcharge against
each water connection of each municipal system; and
WHEREAB, this proposal appears to be grossly unfair to the City as
compared to the actual costs involved; and
WBEREAB, the City's policy is for utility funds to be based on a
user fee concept; and
WHEREAB, the City Council of the City of Fridley is aware of and
agrees with the needs for increased testing of municipal water
systems as required by the Environmental Protection Agency; and
i�HEREAB, the City Council is aware of the Legislature's desire to
consider alternatives to the current practice of funding these
testing costs from the general fund; and
NHEREAB, the City Council is aware that some of the funding
alternatives are significantly more costly to the City than others.
The funding scheme proposed by the Department of Health may be as
much as six times more expensive than the actual costs of the
testing for the City.
NOW, TBEREFORE, BB IT RESOLVBD BY THE CITY COONCIL OF THB CITY OF
FRIDLBY THAT the City supports either a continuation of funding
through the general fund or a fundinq scheme that assesses the
actual cost of the testing to each municipal system being tested;
and
BB IT FIIRTBBR RESOLVBD TBAT the City strongly discourages any
funding scheme that has a tendency to subsidize certain municipal
systems at the expense of others.
PASSED AND ADOPTBD BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS
20TH DAY OF MARCB, 1989.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
14C
Engineenn ,
Sewer
Water
Parks
S[reets
Maintenance
MEMORANDUM
,� �'
TO: William W. Burns, City Manager�;"� PW89-50
FROM: John G. Flora,�lic Works Director
DATSZ
SUHJ$CT:
March 14, 1989
No Parking Requirement on University
Avenue West Service Road North of 83rd Avenue
The above-mentioned street is an MSAS scheduled for improvement
under our Street Improvement Project No. ST. 1989 - 2.
The State will not approve our plans until we submit a resolution
authorizing the postinq of "No Parking" on the service road just
north of 83rd Avenue in the area of the turning lane. (See
attached map). The proposed width of 45 feet is not adequate and
does not meet State minimum requirements to allow parking on either
side of the street.
I recommend
resolla ' n at
JGF/C /ts
Attachments
the Council approve the attached "No Parking"
their March 20 meeting.
15
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RESOLtJTION ZtO. - 1989
RESOLIITION AIITHORISINO T88 P08TIN(3 OF "NO
PARRING�� SIGNB ON BOTH SIDEB OF IINIVERSITY
AVENIIB WBBT SERVICB ROAD (M.S.A.S. 341) IN TH$
ARElI OF T8E TIIRNINa LAI�18 IMMEDIATBLY NORTH OF
83RD AVENIIB
WBEREAB, the above-mentioned service road has been designated a
Municipal State Aid Street (M.S.A.S.) and will be constructed in
1989 to a 45-foot width in the above-referenced area; and
WHEREAB, the Minnesota Department of Transportation (MnDOTj
requires that no parking be permitted on a 45-foot wide State Aid
Street with three traffic lanes as parking will impede the traffic
flow.
NOW, THEREFORE, HB IT RESOLVED, by the City CounCil of the City of
Fridley that the City is hereby authorized to post "No Parking��
signs on both sides of University Avenue West Service Road in the
area of the turninq lane immediately north of 83rd Avenue upon
completion of the Street Improvement Project No. ST. 1989 - 2.
PASSED AND ADOPTED BY THE CITY COIINCIL OF TH$ CITY OF FRIDLEY THIS
20TH DAY OF MARCH� 1989.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
15B
12880LptZ�I iU. - 1989
•�:r:• 1 • � �•�: � c •� � � � • •1: •�:�I- �
I:� t�:4"I� f: � �:1= M •I" " Y�� 1� I I'r_ • V�
B8 IT �OLV� by the City Camcil of the City of Fridley as follaws:
A. ZY�at
oaagnencir�q
May, 1989,
be driven or
jurisdictiaai
PursuarYt to ChaP�ter
� tt�e 20th day of
tu�less sooa�er
aPexated t�pc�at
of the City where
503, City
Marc3i, 1989
t�et�u.r�ated or
�Y �
the wieic�t
Cbde of Fridley, Minneso�ta, 1978 that
, and oontiriuirig until the 22nd day of
th�reafter oo�ntinued, no vehicle shall
or public hic�ray in the City uryde.r
of � vehicle exveeds:
4 '1�1 PER A7Q,S
B. Ttbe abwe restrictiori shall not apply with respect to the follawir�g named
streets or public hic�ways, to-wit:
�7l�-i �
Ashtarl AVexiue
Ashtan Avernye
Able Street
Alley East of Beedi Street
Arthux' Street
Baker Street
Beecii Street
Berne Rr.x�d
Bridgewater Drive
Brookview Drive
Carrie Lane
Cheri Iane
da�neroe Circle Fast
�roe Circle South
Oonmeroe Circle West
Do�tt[►ex�oe Is1ne
Fast Danube Roitd
East Moore Iak,e Drive
East River Rd. SeYV. Dr.
F.ast River Rd. Serv. Dr.
F.1m Street
Fireside Drive
Gardena Avent�e
Glacier Iane
Hillwirxi Rr�ad
Hic�tAZy Straet
Industxial Boutevard
Ir�dustrial Baulevard
Jacksoai Street
Lake Fbintre Drive
Main Street
Main Street
Matterhorn Circle
Mo�llL�oe Street
Mo
E�+'=•-r:
52nd Avexnye
79th Aventye
west M�re Lake Dr
78th Ave.rnle
North Danube Road
73rd Avesnye
77th Avenue
Wind�ere Drive
�tire Lerr�th
] CC; ��ippi Street
QuiTx;Y Street
53rd Avem�e
73rd Avernie
Cananer+oe Circle
Oo[Raeroe Circle
73rd Aveta�e
Matterhorn Drive
T.H. #65
51st Way
57th Avern�e
77th Ave�ue
T.H. #65
Central Avesnle
Mattarhorn Drive
Matterhorn Drive
81st Averatie
53rd Way
51st Way
Carrie I�ne
7th Street
OsUorne �d
57th Avernie
Matterhprn Drive
63rd Avesnie
ive
E,ast
Sautlz
�
I�UStY'ldl BZVCl.
Iror►ton Street
Mississippi Street
79th Avernie
400 feet north
Osborne R�oad
81st Avenue
Fast F�d
67th Avenu�e
Jackson Street
Fillmore Street
Oaarnneroe Circle
Ca�rm�ex�ce Circle
73rd Avenue
Osborne Road
Arthttr' Street
Central Ave.nue
51st Way to I-694
57th Avenue
79th Avenue
Centtal Avesnle
East City Limits
St. Moritz Drive
Central Avernie
600 feet north
500 feet noYth
53rc1 Way
58th Avernie
west Moore Iak�e
83rd Averrue
61st Avernie
East
67th Avernie
�
Drive
W
����� �.
� �
.j��
- 1989
1`IVL 1.11 LXLL 14RJC l�L�i
North IrmsbnicJc Drive
Osl�orne i�d
Osborne Way
Qulllc.,y StY'ee�t
Rainex' Pass
Ranc�ers R�oad
Ranchers R�oad
Rioe Creek Raad
St. Imier Drive
St. Moritz Drive
Trollhagen Drive
Viron �bDad
West DarYUbe Road
W�est Moore Iake Drive
Windemere Drive
3rd Street
5th Street
7th Street
T.H. #47 E. Sezv. Dr.
T.H. #47 E. Serv. Dr.
T.H. #47 E. Setv. Dr.
T.H. #47 W. Serv. Dr.
T.H. #47 W. Se�rv. Dr.
T.H. #47 W. Se,rv. Dr.
T.H. #47 W. Serv. Dr.
51st Way
53rci Avern�e
53rd Avenue
57th Avenu�e
57th Avenue
58th Avenue
61st Avern�e
63rd Ave,rnie
63rd Ave.inie
T.H. #65 E. SeYV. D�.
T.H. #65 E. Serv. DY'.
T.H. #65 W. Se.rv. Dr.
69th Avenu�e
71st Avem�e
72r�d AvexYUe
73rd Averiue
77th Avernle
?8th Avent�e
79th Avern�e
81st Avenue
83rci Avern�e
75th Way
7�_s �_.4
�{r lAl1�iR.7C �
MatteYi�orn Drive -
W. Burli�t.aci No.
East River Roxi
57th Avernye
Glacier Tar�
77th Aver�e
79th Avent�e
Qentral Averale
Herne Road
Trol]hagen Drive
MatteYiLOm Drive
OsUorne Ro�ci
North Darn�be R�oad
T.H. #65 (N.Moore
Trollhagen Drive
49th Aveiwe
Mississippi Street
53rd Av�na�e
53zt1 Avert�e
57th Avernye
69th Avp.ntie
73rd Avexaye
81st Averaye
Mississippi Street
Mississippi Streei
E. River RAa�d
Main Street
CQntral Avetn�e
T.H. #47
7th StL�e�t
Jaaksoal Street
Starlite Blvd.
7th Street
T.H. #47
63rd Avera�e
Osl�orne Rr.x�d
731�d Aver�e
Centxal Ave,ra�e
T.H. #47
T.H. #65
Central Aver�e
Fast River Rr�,�d
E. Burlingtan No.
E. Burlirr�t:on No.
Fiic,Jr�ory Street
Main Stre�t
Osl�orne Ibo�d
0
TakP)
R�
�
s'
L'!LU■�.. �
E�t C�ty �ltl.�
East River Road
75th Way
c�zrie Iane
Sauth city Limits
79th Avenue
81st Avemie
West Mpore I�ke Dr.
Sauth City I�nits
Sarth City Limits
St. Imier Drive
Fireside Drive
Scxith Cvl-�le-sac
T.H. #65 (S.Moore Lak�e)
South City Limits
53�1 Avernie
64th Avernie
67th Avernie
N. Approx. 500'
Mississippi Street
73�1 Avenue
81st Avenue
83rd Avernle
Rioe C're�k Z�erraoe '
S. AppLrox. 800'
Ir�dustrial Blvd.
Central Avernie
E. Ap�rwc. 300'
7th Street
Qui.rx,,y Street
West Moore Lake Drive
West Moore Iak,e Drive
Nlpnroe Street
7th Street
South b'rd
5auth 800'
Sa�uth F� 1d
East City Limits
City Garage
Central Avenwe
Ca�ne,roe I�ne
Rar�chers Rpad
Main Street
T.H. #47
T.H. #47
T.H. #47
Alden Way
16A
R�esoluti� No. - 1989
� �
ar�d the w�eic�t liiait with re.spec,-t to s1x� streets ar�d hic�rays is:
9 't�i Pffit A7Q8
C. Natice of these restrictior�s s�hall be published ar�d posted with respect to
eacn of su�cn streets arya nic�ways ar,a wi�en so publi.srvpa arya postea, ttt�ee
restrictions shall be in fvll foroe and effect; all as provided thereof, wxler
Chapter 503, City ood�e of Fridley, �Lir�eso�ta, 1978.
D. A vehicle in exoess of such limits may be aperated or driven upon a street
or publish highway in the City withaut violati� of law when the same is done
under S�ecial P�ermit thereof is.s��ed in aocon�ance with the provisiar�s of
Mvu�esata Statutes Sec. 169.87 which are adapted arid made a part hereof by
referenoe the same as if fully ir�oorporated herein.
E. That sctyool bus c�erators are given speci.al permit to pYtioeed with norn�al
aperatiori ori their regularly establist�ed rart.es ar�d at reg�larly established
hour�, said permits to be is.sued by the Public Works Director.
PASS�ED At�ID ADOP'l� BY � QTY QO[A�IC� �� CITY OF' FitIDLEY Z�IIS 20T8 DAY OF
I�RL'8� 1989.
WILLIAM J. NEE, MAYOR
AZ'I'F�T:
SE�2IEY A. HAAPAIA� CIZ'Y CIEE2K
16B
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17
RESOLUTION NO. - 1989
RESOLUTION IN SUPPORT OF CHILDREN'S AGENDA
WHEREAS, children are our most precious resource and deserve to �
be our most urgent priority; and
WHEREAS, social and economic changes, including the increase in
mothers working out of financial necessity, and the number of
children living in poverty, have created a crisis in the aare of
our children; and
WHEREAS, this crisis has been compounded by the lack of affordable,
quality day care, lack of health insurance and lack of family
support services; and
WHEREAS, the City of Fridley has a stake in seeing that our
children receive the care they need, and become productive and
contributing members of our community; and
WHEREAS, the Children's Agenda as proposed by the Perpich-Johnson
administration is an important first step in Minnesota's response
to the crisis in our families; and
WHEREAS, the Children's Agenda includes increased funding for child
care, for Head Start, for Early Childhood Family Education, for
physical and mental health services for children, for family and
parenting education and for drop-out prevention;
NOW, THEREFORE, BE IT RESOLVED THAT THIS COUNCIL URGES THE
MINNESOTA LEGISLATURE TO SUPPORT AND VOTE FOR PASSAGE OF THE
CHILDREN'S AGENDA,
AND FURTHER, THAT A COPY OF THIS RESOLUTION BE FORWARDED TO MEMBERS
OF OUR LOCAL LEGISLATIVE DELEGATION AND TO THE OFFICES OF GOVERNOR
RUDY PERPICH AND LT. GOVERNOR MARLENE JOHNSON. •
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1989.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPLA - CITY CLERK
CITY OF FRIDLBY
CHARTER COMMISSION MEBTINt3, JANUARY 30, 1989
�____�-----------------------------------------------------------
CALL TO ORDER•
Chairperson Hendley called the January
Commission meeting to order at 7:35 p.m.
ROLL CALL•
30, 1989, Charter
Members Present: Margaret Hendley, Bruce Nelson, Donald Betzold,
Diane Savage, Walt Starwalt, Ralph Stouffer,
Francis van Dan, Orville Carlson,
Members Absent:
Others Present:
Ed Hamernik, Geraldine Schei, Robert Minton,
LeRoy Oquist, Gregg Hebeisen,
Donald Mittelstadt
Bill Hunt, Assistant to the City Manager
Donna Bondow, 6616 Central Avenue N.E.
APPROVAL OF NOVEMBER 28 1988 CHARTER COMMISSION MINUTES:
MOTION by Mr. Stouffer, seconded by Ms. Savage, to approve the
November 28, 1988, Charter Commission minutes with the following
amendment: Page 1, in the motion to approve the Charter Commission
minutes, change "Planning Commission" to "Charter Commission".
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HENDLEY DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MINUTES APPROVED AS AMENDED.
APPROVAL OF AGENDA:
MOTION by Mr. Starwalt, seconded by Mr. Stouffer, to approve the
agenda as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HENOLEY DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. CONSIDERATION OF TERMS OF OFFICE OF MAYOR AND COUNCILMEMBERS:
Mr. Hunt stated the City Council had the first and second reading
on the ordinance on January 9 and January 23, 1989. There is now
a 60 day period during which a petition could be put together to
r
-1-
18
18A
CHARTER COMMI83ION MEETIN(i, JANIIARY 30, 1989
overrule the ordinance. If there is no petition within this 60 day
period, then in 90 days it will become part of the Charter.
2. CONSIDERATION OF SECTION 4 07. NOMINATING PETITIONS (FORMAT):
Mr. Hunt stated staff felt there was some problem in Section 4.06
about the length of time or window for filing which was in conflict
with State Law. Another issue raised by Shirley Haapala, City
Clerk, was the Nomination Petition (sample included in the agenda) .
Upon first reading this, staff thought it might require some change
in the Charter.
Mr. Hunt stated the Commission recommended this be forwarded to the
Charter Commission attorney for an opinion. However, after Zooking
at this more closely, staff reali2ed there really was no
difference. Nothing that is required by the Charter is
contradicted by State Law. The only difference between the
Nomination Petition which is distributed when people come in to
nominate someone for City Council and what is required by the
Charter is that they add the following sentence to the Nomination
Petition: "I wish my name to appear on the ballot exactly as
follows:" In addition, they are required by the State to file an
"Affidavit of Candidate and Receipt for Filing". Again, this is
over and above what is in the Charter, but does not contradict the
Charter.
Mr. Hunt stated Section 4.07 says, "The form of the nomination
petition shall be substantially as follows:" For that reason, it
is staff's opinion that they really do not have a conflict with
State Law, and that unless the Charter Commission for other reasons
decides to recommend a change to Section 4.07, staff is formally
withdrawing their original request. �
Mr. Stouffer stated that as long as there is no contradiction
between the State Law and the Charter and as long as staff sees no
conflict and is withdrawing their request, he did not think any
formal motion was needed by the Commission.
3. CONSIDERATION OF FORWARDING AMENDMENT OF SECTION 4.06. NOMINATIONS
BY PETITION, TO THE CITY COUNCIL:
Mr. Hunt stated that at the November meeting, the Commission made
a motion to hold Section 4.06 until they had finished discussions
and made a motion to the Council on Section 4.07. Since no further
action was going to be taken on Section 4.07, it was appropriate
to make a motion forwarding Section 4.06 to the City Council.
MoTION by Mr. Stouffer, seconded by Mr. Starwalt, to forward the
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18B
CHARTER COMMISSION MEETIN(3, JANIIARY 30, 1989
amendment to Section 4.06, Nominations by Petition, to the City
Council.
UPON A VOICE DOTE, ALL VOTING AY$, CHAIRPERSON HENDLBY DECLAR$D
THE MOTION CARRIED UNANIMOIISLY.
4. CONSIDERATION OF STATUS OF UNEXPIRED TERMS OF OFFICE:
Mr. Hunt stated the Commission members had a copy of a letter he
had written to Mr. Terpstra dated January 20, 1989, in which he
asked for an opinion from Mr. Terpstra on whether service of an
unexpired term on the Charter Commission is equivalent to service
of a full term for purposes of reappointment under Minnesota
Statutes 410.05, Subd. 2. .
Mr. Hunt stated he had not yet received a response back from Mr.
Terpstra; however, he did ask Mr. Terpstra to respond before the
March Commission meeting.
Ms. Savage stated that in his letter to Mr. Hunt and the Charter
Commission dated April 24, 1985, Mr. Terpstra cited ancient case
laws and stated that opinions seemed to be divided on this issue.
She felt they should be practical about this. In the past the
Commission has had a hard time gettinq people to serve on the
Commission; and then when they do have people who are serving and
who are interested in serving more time, there is this question of
whether some of these people can continue to serve an extra term.
She thought they should write a letter to the Judge, Bruce Douglas,
explaining the situation to him and getting an opinion from him.
Mr. Nelson stated he would agree with Ms. Savage's suggestion.
But, it should also be pointed out to Judge Douglas that in the
past other people have resigned basically at the end of their term,
so there is a continuity from past practices that might not be the
same.
Mr. Stouffer stated it should be expressed that in the past no one
has brought this issue forward and some members continue to serve.
So, some of the people who resigned might have done so with the
full intent of not serving again.
Mr. Nelson stated that was true, and they really have no way of
knowing that. But, the Judge should know what the past practices
have been and make a decision based on that.
Mr. Betzold stated they should send the letter to the Judge and let
the Judge make the final decision.
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18C
CHARTER COMMISSION MEETIN(�, JANIIARY 30. 1989
Mr. Hunt stated he did allude in his letter to Mr. Terpstra to the
suggestion made by Ken Raschke of the Attorney General's office
that it might, after all, be up to the Judge to interpret the
statute.
MOTZON by Mr. van Dan, seconded by Mr. Nelson, to table discussion
on this item until the March Commission meeting.
OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HLNDLEY DECLARED TH8
MOTION CARRIED UNANIMOIISLY.
5. CONSIDERATION OF RECOMMENDATIONS FOR MEMBERSHIP IN THE CHARTER
COMMISSION•
Mr. Hunt stated that right now with the appointment of John
Silliman, there are no vacancies on the Charter Commission.
However, there are eight people whose terms expire on May 11, 1989.
Five of those people are finishing their first terms, and the
question is whether they want to be nominated to a second term.
Three of those people have completed at least one full term and all
or a portion of a first term. Those three people are Bruce Nelson,
Donald Betzold, and Ralph Stouffer.
Mr. Stouffer, Mr. Betzold, and Mr. Nelson stated they are willing
to continue to serve on the Commission, if it is found by the
attorney or the Judge that they are eligible to serve another full
term. Mr. Nelson did express some concern because it has been the
practice in the past that Gommission members who served a partial
term and another full term did go off the Commission.
Mr. Stouffer stated he certainly would like to see the issue of the
terms of office brought to a closure so everyone knows the rules.
6, CONSIDERATION OF THE NUMBER OF MEMBERS IN THE CHARTER COMMISSION:
Mr. Hunt stated he had written a letter to Mr. Terpstra on January
20, 1989, regarding this issue. In the letter he stated it would
appear that a change in the number of inembers of the Charter
Commission to a number less than fifteen members, but not less than
seven, could be accomplished by amending the Charter by one of the
ways provided in M.S. 410.12, and he was asking Mr. Terpstra if
that interpretation is correct. At this time, he has not received
any response from Mr. Terpstra.
7, CONSIDERATION OF AMENDMENTS TO THE BYLAWS OF THE CHARTER
COMMISSION:
Mr. Nelson stated Ms. Hendley had appointed Mr. van Dan, Ms. Schei,
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18D
CHARTER COMMISSION MEETING, JANUARY 30, 1989
and himself to a subcommittee to study the Bylaws and make any
recommendations for amendments. He stated he was appointed
chairperson of the subcommittee. .
Mr. Nelson stated Ms. Schei could not be at the meetinq because of
illness, but she had a couple of possible recommendations for
changes.
1. Ms. Schei felt the Commission should specify the number
of ineetings they have. At this time, there is nothing
in the Bylaws that say they will even have meetings.
2. Ms. Schei was concerned about attendance.
Mr. Nelson stated a separate issue that Ms. Schei had raised was
the fact that the Commission members do not receive their agenda
packets until the Friday before the Monday meeting. Because of
weekend commitments, Ms. Schei did not feel that the members had
adequate time to review the material before the meeting. Mr.
Nelson stated it would be his preference to have the agendas
delivered at least one week (two weekends) before the meeting.
Mr. Stouffer stated he would be concerned about information that
is not available when the agenda packets are delivered. If there
is a significant amount of new material or if something is fairly
important, could that be delivered the Friday before the meeting?
Mr. Hunt stated staff can certainly rearrange their schedule and
have the agenda packets delivered two Fridays before the meeting.
Additional materials can either be mailed or delivered prior to the
meeting.
Mr. Nelson stated Mr. van Dan had some additional points regarding
possible amendments to the Bylaws.
Mr. van Dan stated the authors of the present Bylaws (1979-80) were
Larry Commers (now Chairperson of the HRA), David Schaaf, Susan
Jackson, and himself. At the time, they did not realize some of
the implications, so the Bylaws rewrite was mostly procedural. It
came to his realization after reviewing the Bylaws and noting in
the City of Minneapolis where the Charter Commission is on a
collision course with the City Council that the Fridley Charter
Commission does quite a bit more than what is contained in the
Bylaws.
Mr. van Dan stated the Charter regulates the processes of
government as well as the Charter Commission's relationship to the
City Council. The Commission members are not elected officials;
-5-
18E
CHARTER COMMISSION MEETING, JANUARY 30. 1989
elected officials; neither are they appointed by the Council. They
are the only municipal commission which is not. The Charter
Commission is regulated by Minnesota Statutes 410.05. He thought
that the Bylaws should really spell out qu�te a few things they
have just accepted as consuetudo so far.
Mr. van Dan stated they should have spelled out, unlike any other
municipal commission, that they have an inherent right to have
their own legal counsel (Mr. Terpstra), they should have a
recording secretary distinctly different from the officer secretary
of the Commission, and they are entitled ta have their own staff
or liaison to the City administration. And, they should be
defrayed of the cost.
Mr. van Dan stated the Commission's Bylaws should stipulate and
resolve, because they are a sovereign body just like a convention
that can make its own rules, what they consider a term of
membership. As long as it is not inconsistent with State Statute
410.05, the Commission can define for themselves, if someone is
appointed by the Chief Justice of the Judicial District, if a
partial term is considered to be a full term and a person succeeds
that term by reappointment, can that person succeed farther on or
not?
Mr. Betzold stated the Commission already has staff, legal counsel,
and a recording secretary so why do they need to spell it out in
the Bylaws? Secondly, it was not for the Commission to interpret
Minnesota Statutes. Minnesota Statutes, by the Legislature, says
that the Charter Commission members, for those cities that have
Charters, cannot serve more than two terms. It is the judicial
branch of government that interprets statutes, not the Charter
Commission. So, it is beyond the scope and authority of the
Charter Commission to make that kind of decision, and that is why
the question is being submitted to legal counsel and the Judge.
Mr. van Dan stated he did not agree. He stated an appointment
order that is signed by Judge Douglas states: " is
appointed to the Charter Commission of (city) until a
successor is appointed and qualified and subject to the statutes
in such case made." What does "appointed and qualified" mean? He
stated it means that once that term for four years is filled out,
that person cannot serve anymore, even if reappointed. So, the
Commission can define membership in the Bylaws as long as it is not
inconsistent with State Statutes.
Mr. van Dan stated right now the Commission is on excellent terms
with the City Council. But, if at some time, the City Council does
not want to pay for the Charter Commission's attorney, if it is
-6-
18F
CHARTER COMMISSION MEBTING, JANUARY 30. 1989
already stated in the Bylaws that the Commission shall have an
attorney paid for by the City taxpayers, this Contmission as long
as it exists shall have an attorney. This is the same for the
recording secretary and staff liaison.
Mr. Betzold stated if the Commission was ever in the situation
where the Charter Commission was at odds with the City Council, the
Commission could go right to the Judge who appointed the members
and ask the Judge to order the City Council to make these services
available. It does not have to be spelled out in the Bylaws.
Mr. van Dan stated he had suggested to Mr. Nelson, chairperson of
the subcommittee, that all this should be in an ordinance
acknowledged by the City Council. Mr. Nelson disaqreed with that
suggestion, so he was reporting his opinions to the Commission.
Mr. Nelson stated he felt some of the points made by Mr. van Dan
were valid.
Ms. Hendley stated she would like to see these proposals submitted
in writing to the Commission from the subcommittee.
Ms. Savage agreed. The suggestions should be in the form of actual
amendments to the Bylaws. Some of the things suggested by Mr. van
Dan might be valid, but she questioned whether they should be
included in the Bylaws. She would like to have some guidelines as
to what properly goes into bylaws. She has always thought of
bylaws as the governing body of an organization and a lot of it is
just procedural. �
Mr. Stouffer suggested that staff obtain copies of other bylaws
from other Charter Commissions. Then, if this Commission decides
to go with some of the suggestions for amendments, there might
already be similar verbiage in other bylaws.
Mr. Hunt stated the State Statute states: "The Charter Commission
within 30 days after the initial appointment of the Commission
shall make rules including quorum requirements with reference to
its operations and procedures." The Statute also states: "The
members of such commission shall receive no compensation but the
commission may employ an attorney and other personnel to assist in
framing such Charter and any amendment or revision thereof and the
reasonable compensation and the cost of printing such a Charter or
any amendment or revision thereof when so directed by the
commission, shall be paid by such city."
, Mr. Hunt stated he would send copies of Minnesota Statutes, Chapter
410, to the Commission members for their informationp
-7-
18G
CHARTER COMMISSION MEETIN(3. JANOARY 30. 1989
MOTION by Mr. Stouffer, seconded by Mr. Carlson, to receive the
report from the subcommittee regarding possible amendments to the
Commission Bylaws.
UPON A VOICE DOTE, ALL VOTING AYE, CHAIRPBRBON HENDLEY DECLARED TH$
MOTION CARRIED UNANIMOIISLY.
MOTION by Mr. Stouffer, seconded by Mr. van Dan, to direct the
Bylaws subcommittee to submit in written form those sections of the
Bylaws they would like discussed for future amendments; and to
direct staff to obtain copies of bylaws from other cities and a
copy of State Statute, Chapter 410.
UPON A VOICE VOTE, ALL VOTING AY$, CHAIRPERSON HBNDLEY DECLARED THE
MOTION CARRIED DNANIMOIISLY.
8, CONSIDERATION OF MEETING DATES AND TIMES:
MOTION by Mr. Stouffer, seconded by Mr. Nelson, to approve the
following Charter Commission meeting dates for 1989:
Feb. 27 Sept. 18
March 27 Oct. 16
April 24 Nov. 20
May 22
UPON A VOICE VOTE, ALL VOTIN�3 AYB, CHAIRPERSON HENDLEY DECLARED THE
MOTION CARRIED UNANIMOIISLY.
g. CONSIDERATION OF RECEIVING AMENDED CITY CHARTER (REPLACEMENT
PAGES)•
Mr. Hunt stated some items were not included in the agenda packet
and the Commission members should wait to receive the Charter
replacement pages until the next meeting.
10. OTHER BUSINESS:
a. Nominating Committee
Chairperson Hendley appointed Mr. van Dan, Mr. Carlson, and
herself to the nominating committee to report the nominations
of one or more candidates for each office for the election to
be held at the annual meeting in March.
b. Annual Report of the Fridley Charter Commission
-8-
CHARTER COMMISSION MEETIN�3. JANUARY 30. 1989
Mr. Hunt stated the Commission members had received a copy of
a Ietter from Judge Douglas addressed to Margaret Hendley
dated January 26, 1989, thanking the Commission for forwarding
to him the Annual Report of the Charter Commission.
c. City Charter
Mr. Hunt stated that in a previous meeting, the Charter
Commission suggested that a comprehensive look should be made
of the Charter to see if there are other areas in the Charter
that are contrary to State Law. He stated will be meeting
with Kay Tischler-Erickson the next day, and she will be
undertakinq this task in the weeks and months ahead.
ADJOURNMENT•
MOTION by Mr. Stouffer, seconded by Mr. Carlson, to adjourn the
meeting. Upon a voice vote, all voting aye, Chairperson Hendley
declared the January 30, 1989, Charter Cominission meeting adjourned
at 8:55 p.m.
Respectfully submitted,
�.e..
Lyn Saba
Recording Secretary
-9-
18H
19
FOR CONCURRENCE BY THE CITY COUNCIL LICEN888
FRIDLEY March 20, 1 �
Type of License:
FOOD ESTABLISHMENT
Children's World
5310 Monroe St. N.E.
Fridley, Mn. 55421
Dairy Queen
280 Mississippi St.N.E.
Fridley, Mn. 55432
Fridley High School
6000 W. Moore Lk.Dr.
Fridley, Mn. 55432
Fridley Middle School
6100 W. Moore Lk. Dr.
Fridley, Mn. 55432
Hayes Elem. School
615 Mississippi St. N.E.
Fridley, Mn. 55432
Lynn's Cake & Candy
Supplies
7930 University Ave.N.E.
Fridley, Mn. 55432
North Park E.em. School
5575 Fillmore St.N.E.
Fridley, Mn. 55432
Pizza Hut
255 - 57th Ave.N.E.
Fri dl ey, P•1n. 55432
Redeemer Lutheran Church
61 Mississippi St.N.E.
Fridley, Mn. 55432
Stevenson Elem. School
6080 E. River Rd.
Fridley, Mn. 55432
The Sunshine Place Rest.
5201 Central Ave.N.E.
Fridley, Mn. 55421
By:
Same
Donald Fitch
Pat Rue
Pat Rue
Pat Rue
Stephen Kraatz
Elaine Niesche for
Col. Hgts.
ApproVed By:
Pizza Huts of the N.W.
Laurance 6. Anderson
Pat Rue
Tony M. Bakhtiari
Fees•
$45.00
$45.00
Exempt
Exempt
Exempt
$45.00
Exempt
$45.00
Exempt
Exempt
$45.00
20
FOR CONCURRENCE BY THE CITY COUNCIL
FOOD ESTABLISHMENT CQNT.
Totino's Foods
7350 Commerce Lane
Fridley, Mn. 55432
Valley Christian Church
1280 Regis Lane
Fridley, Mn. 55432 .
Woodcrest School Dist.#16
880 Osborne Rd. N.E.
Fridley, Mn. 55432
GAMBLING
Maple Lanes Bowling Center
6310 Hwy. 65 N.E.
Fridiey, Mn. 55432
CHARITABLE GAMBLING PERMIT
Knights of Col. Aux.
6831 Highway 65 N.E.
Fridley, Mn. 55432
MOTEL
Sunliner Mote1
6881 Highway 65 N.E.
Fridley, Mn. 55432
PRIVATE GAS PUMP
City of Fridley
400 - 71st Ave.N.E.
Fridley, Mn. 55432
REFUSE HAULERS
Ace Solid Waste Mgt.,Inc.
3118 - 162nd Lane N.W.
Andover, Mn. 55304
Hilger Transfer
8550 Zachary Ln.
Mapie.Grove, Mn. 55369
Metro Refuse
8168 W. 125th St.
Savage, Mn. 55378
Richard Craig
Bruce Brown
Cary G. Erickson
Lions Club
Judith Grommesh
Eugene Kreuzkemper
Ralph Volkman
Dean 0. Warden
David A. Klatke, Jr.
Wm. T. Butler
LICSNSBB
$45.00
Exempt
Exempt
James P. Hill $300.00
Public Safety Director
James P, Hill Asking Fees
Public Safety Dir. to be waived
Richard Larson
Fire Inspector
Richard Larson
Fire Inspector
$195.00
Exempt
E,.� ��
$60.00
$90.00
2oa
r�
20C
21
21A
City of Fridley
Engineering Department
6431 University Avenue N.E.
Fridley, MN 55432
Date: March 8, 1989
To: Honorable Mayor and City Council Re: Final Estimate
City of Fridley Per. Endinq: March 8, 1989
6431 University Avenue N.E. For: Layne Minnesota Co.
Fridley, Minnesota 55432 3147 California St. N.E.
• Minneapolis, MN 55418
Well #6
STATEMENT OF WORK
-----------------------------------------------------------------------------
CONTRACT PROGRESS
-----------------------------------------------------------------------------
Contract Item Estimated Unit Quant. Qty. Amount
Quantities Price This Est. To Date To Oate
-----------------------------------------------------------------------------
Pull inspect and
reinstall pump 1 $2,000.00 1 1 $2,000.00
Rubber bearings 12 15.00 , 12 12 180.00
1�"x5' lineshaft 1 65.00 1 1 65.00
1�"x10' lineshafts 6 75.00 6 6 450.00
1�" shaft couplings 7 8.00 7 7 56.00
Bronze spider 1 42.00 1 1 42.00
10"x10' suction pipe 1 200.Q0 ] 1 200.00
10"x9'll'�" T&C column pipe 11 245.00 11 11 2,695.00
10"x5' T&C column pipe 1 175.00 1 i 115.00
10"x5' TBE column pipe ] 135.00 1 1 135.00
1�" top special stainless
steel driveshaft T 250.00 1 1 250.00
Bowl bushings 5 5.00 5 5 25.00
Stuffing box bushing 1 50.00 1 1 50.00
Box pump packing 1 25.00 1 1 25.00
Impeller wear rings 5 35.00 5 5 115.00
Bowl shaft stainless
steel material 1 150.00 1 1 150.00
10" VTS cone strainer 232.80 1 1 232.80
120' of 10" heavy wa11
.365 pipe 191.40 1 1 191.40
Water level indicator 1 25.00 1 1 25.00
Column shaft, inspect,
clean, sandblast &
paint 1 110.00 1 T 110.00
Columr� pipe, sandblast &
paint (120' setting) 12 40.00 12 12 480.00
Disinfect well & pump 1 250.00 1 1 25Q.QQ
Test pumping 1 500.00 1 1 500.00
--------------------------------------------------------------------------------
TOTAL $8,462.20
SUMMARY:
Origina� contract amount
Contract additions - change order nos.
Contract deductions - change order nos.
Revised contract amount
Value completed to date
SUB TOTAL
Amount retained (a OX�)
Less amount paid previously
AMOUNT DUE THIS ESTIMATE
CERTIFICATE OF THE CONTRACTOR
-----------------------------
$8,462.20
0
0
0
8,462.20
8,462.20
0
1,000.00
$7,462.20
I hereby certify that the work performed and the materia]s supplied to
date under terms of the contract for the reference project, and all
authorized changes thereto, have an actuat value under the contract of
the amounts shown on this estimate (and the final quantities of the
final estimate are correct), and that this estimate is just and correct
and no part f the "Amou D e This E imate" has been received.
/� �
B y �' G'ti�i�%�� � r�-�=�.-f Qd te 3� �
ctor�s Kuinoriz
CERTIFICATE OF THE ENGINEER
---------------------------
entative Title
I hereby certify that I have prepared or examined this estimate, and
that the contractor is entitled to payment of this estimate under the
contract for reference project.
CITY OF FRIDLEY, INSPECTOR
� �.,J. / �=-=.�
i
Checked by:
i
� �-R���J
Date -� /D ,
Respectfuily Submitted,
City of Fridley
By
. Flora, .E.
' ector of Pubiic Works
21B
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
6431 University Avenue N.E.
Fridley, Minnesota 55432
March 8, 1989
Honorable Mayor and City Council
City of Fridley
c/o William Burns, City Manager
6431 University Avenue N.E.
Fridley, MN 55432
Council Members:
CERTIFICATE OF THE ENGINEER
We hereby submit the Final Estimate for Well No. 6 Improvements for Layne
Minnesota Company, 3147 California Street, N.E., Minneapolis, MN 55418.
We have viewed the work under contract for the construction of Well No. 6
Improvements and find that the same is substantially complete in accordance
with the contract documents. I recomnend that finai payment be made upon
acceptance of the work by your Honorable Body.
Respectfully submitted,
John G. Flora, P.E.
Public Works Director
Prepared by�'����� ���n��
Checked by.
21C
March 8, 1989
To: Public Works Director
City of Fridley
21D
REPORT ON FINAL INSPECTION FOR
CITY OF FRIOLEY
WELL N0. 6 IMPROVEMENTS
We the undersigned, have inspected the above mentioned project and find that
the work required by the contract is substantiaily complete in conformity
with the plans and specifications of the project.
All deficiencies have been corrected by the contractor. Also, the work for
which the City feels the contractor should receive a reduced price has been
agreed upon by the contractor.
So, therefore, we recor�nend to you that the City approve the attached FINAL
ESTIMATE for the contractor.
Gi ,
Ralph Vo]kman, Public Works Superintendent
�; %2.G�S � �iZ���
tractor Representative, (Title)
March 8, 1989
City of Fridley
WELL N0. 6 IMPROVEMENTS
CERTIFICATE OF THE CONTRACTOR
- 21E
This is to certify that items of the work shown in the statement of work
certified herein have been actually furnished and done for the above
mentioned projects in accordance wath the plans and specifications heretofore
approved. The final contract cost is $7,462.20 and the final payment of
$7,462.20 for the improvement project would cover in full, the contractor's
claims against the City for all labor, materials and other work done by the
contractor under this project.
I declare under the penalties of perjury that this statement is just and
correct.
Layne Minnesota Company
C V' e
n�
ntractor Representative Title)
1