09/18/1989 - 5329WILLIAM W. BURNS
CITY MANAGER
COUNCIL MEETING
SEPTEMBER 18, 1989
I%
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FRIDLEY CITY CGIIINCIL MEETING
d ATTENDENCE SHEET
MONDAY , september .I& , 1989
� 7:30 P.M.
F PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
�.NT NAME (CLEARLY) ADDRESS
ITEM
NUMBER
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8$PTBKBER 18, 1989 - 7:30 P.K.
The lollorfnq are the Hl►CTioNB TAICEN�� by tbe administration for
your infornation.
�PPROVAL OF lIINUTEB:
Council Meeting, September 11, 1989
Approved
�iDOPTION OF !►GENDA:
Deleted Item �13
OPEN FORIIM. VISITORB:
(Consideration of items not on agenda - 15 minutes)
No response
OLD BIISINE88:
Consideration of Second Reading of an
Ordinance Recodifying the Fridley City
Code, Chapter 104, Entitled "Tree Disease"
by Renaming Chapter to "Diseased Trees"
and by Amending Sections 104.02, 104.04,
104.06, 104.08 and 104.09 . . . . . . . . . . . . 1-1B
Adopted on second reading and ordered publication with
amendments. '
,�IIBLIC 110R1�8 D$PlrRTMENT--l�CTION Tl�10EN: Proceeded authorized with
amendments.
Consideration of Second Reading of
an Ordinance Recodifying the Fridley
CITY COUI�CIL 1[SETIHG� BEPTEKBER 18, 1989
OLD BQSINE88 COI�iTIDTIIBD:
City Code, Chapter 602, entitled "Beer
Licensing" by Amending Section 602.09.1,
Licenses Required . . . . . . . . . . . . . . . . 2
pAGE 2
�dopted on the second reading and ordered publication.
!'INANCE DEPARTKENT--l�CTION TAICEN: Proceeded as authorized.
Consideration of Second Reading of an
Ordinance Recodifying the Fridley City
Code, Chapter 603, Entitled "Intoxicating
Liquor" by Amending Section 603.11.1,
Hours of Operation . . . . . . . . . . . . . . . . 3
Adopted on the second reading and ordered publication.
FINANCE DEPARTMENT--l►CTION Tl�lCEN: Proceeded as authorized.
Consideration of Second Reading on an
Ordinance Recadifying the Fridley City
Code, Chapter 605, Entitled "Intoxicating
Liquor -- Clubs" by Amending Section
605.13.1, 605.13.2, Restrictions. . . . . . . . . 4
Adopted on the second reading and ordered publication.
FINANC$ DEPARTMENT--l�CTION T!►10EN: Proceeded as authorized.
Consideration of Second Reading of an
Ordinance Recodifyinq the Fridley City
Code, Chapter 606, Entitled "Intoxicating
0
CITY COIII�CIL I�BBTI�G, 6BPT8?IBBR 18, 1989
4�.D B�SINESS �COI�ITINIIED) :
Liquors, Congressionally Chartered Veterans'
Orqanizations" by l�imending Section 606.11.1,
Hours of Operation . . . . . . . . . . . . . . . . 5
P�GB 3
Adopted on the second reading and ordered publication.
?INl�ICB DEPJ►RTKENT--l�CTION T!►1C8N: Proceeded as authorized.
NEW BOSINE88:
Consideration of Proposed Changes to
Chapter 6 of the Fridley City Code
Entitled "Commissions" Sections 6.01,
Commission Titles; 6.03, Planning
Commission; 6.08, Energy Commission;
6.05, EQC; �
and
Chapter 205, Zoning
205.13.3.B., 205.14.3.B, 205.15.3.B,
205.16.3.C, 205.17.3.C., and 205.18.3.0 ..... 6-6C
Refer to staff for review and processing.
COMMIINITY DEVELOPMENT--ACTION TAICEN: Proceeding as authorized.
Consideration of a Resolution Authorizing
and Directing the Splitting of Special
Assessments on: Section 12, Part of SE
1/4 Parcel 7210 . . . . . . . . . . . . . . . . . 7-7C
Adopted Resolution No. 79-1989
�INANCB D$PARTMENT--l1CTION Tl�i10EN: Proceeded as authorized.
Consideration of Bids and Awardinq
the Contract for File Folders to
Mid America and the Bid for Labels
to Wright-Line . . . . . . . . . . . . . . . . . . 8-8A
Awarded contracts to Mid-America for Wright Line for
$1,831.00.
FINA1�iC8 DEPl1RTKEI�T--l�CTIOHS T�1CSH: Informed bidder of awards.
CITY COIII�ICIL l[88TINO, BBPTB2IHSR 18� 1989
NEW B�8IN888 (CONTINIIED):
Consideration of Receivir►q Items
from Planning Commission meeting
of September 13, 1989 . . . . . . . . . . . . . . 9
A. Consideration of setting
a Public Hearing on October
2, 1989 for a vacation, SAV
�89-04, by David Larson .................9
Set the public hearing for October 2, 1989.
PAGE !
CO�IINITY DEPELOPiiENT--l►CTION Tl�10EN: Public hearing is set for
October 2, 1989.
Consideration of Receiving Items from
Appeals Commission Minutes of
September 5, 1989 . . . . . . . . . . . . . . . . 10-lOZ
A. Consideration of a variance
request, VAR #89-19, to
reduce the required setback
from 35 feet to 9 feet; to
reduce the required side
yard setback from 10 feet
to 9.1 feet; to reduce the
required side yard setback
for an attached accessory
use from 5 feet to 1 foot,
all to allow the construction
of a double car garage on Lot
8, Block 1, Parkview Oaks First
Addition, the same being �281
Hathaway Lane N.E., by Orville
and Jeannine Sachs.......10-100
Tabled for 3 months or until petitioner contacts staff,
whichever comes first.
COMMtTNITY DBVBLOPMENT--l�CTION Tl�10EN: Proceeding as authorized.
B. Consideration of setting
a public hearinq on October
2, 1989 for the sale of
excess property, Outlot
C, Innsbruck North Addi-
tion, adjacent to 1281
Hathaway Lane N.E........lOP-lOQ
and
Receive Petition No. 15-1989
in opposition to the sale of
outlot C.
CITY COtTNCIL �EETING, 8BPT8K8BR 18, 1989
I�TS1f SUBINE88 iCOATTINII$D) :
P�GE S
Tabled, notify affected persons that the public hearing was
tabled.
�OIdMUNITY DEVELOPISBNT--l�CTION T!►10EN: Staff will work with
petitioner when they are ready to submit a plan, and then prepare
documentation for a minimal portion of outlot C to be sold to
accommodate the Sachs' qarage and be scheduled for a public hearing
as excess property.
Received Petition No. 15-1989. City clerk has original on
file.
C. Consideration of a
variance request,
VAR �89-20, to reduce
the setback for all
parking and hard-
surface areas from 20
feet from any street
right of way to l0 feet,
on Lots 18 through 24,
Block 13, Bennett Palmer
Addition, generally
located directly north ,
of former Zantigo
Restaurant, by Fridley
Alano Society............lOR-lOZ
Approved with two stipulations.
COMMIINITY DEVELOPIdENT--�►CTION T!�lCEN: Notified petitioner of
Council approval.
Consideration of a request by Donald
Dickison of Customer Mechanical to
extend the installation dates of outside
improvements as stipulated by SP �88-12
and VAR �88-22 . . . . . . . . . . . . . . . . . . 11-11A
Approved a one year extension subject to the letter of credit
being extended to September 1, 1990.
QO1�iIINITY DEVELOPMENT--l�CTION Tl►10EN: Notified petitioner of
Council approval.
0
CITY COQIJCIL MLEETING, BEPTS?IBER 18, 1989
�TE11 BtJ8INE88 LCONTINIIED) :
P�GE 6
Consideration of Receivinq the Minutes
of the CAT�7 Advisory Committee Meeting
of August 17, 1989 . . . . . . . . . . . . . . . . 12-12F
Received.
BUBLIC wOR1C8--l►CTION T!►10EN: Filed for future references.
Consideration of Chanqe Order No. 2
for Street Improvement Project No.
ST. 1989 - 1 & 2 . . . . . . . . . . . . . . . . . 13-13B
Item deleted from agenda.
r
gUBLIC 110R1C8--?►CTION TAICEN: None .
e
Consideration of Change Order No. 13
for Fridley Municipal Center Improve-
ment Project No. 189 . . . . . . . . . . . . . . . 14-14C
Approved.
PIIBLIC IIORRS--l�CTiON Tl�10EN: Proceeded as authorized.
Consideration of Change Order No. 4
for Contract for Technical System for
the Fridley Municipal Center. . . . . . . . . . . 15-158
Approved.
�,IIBLIC wOR1C8--1►CTION Tl,10EN: Proceeded as authorized.
Consideration of Settinq a Public
Hearing for 1990 Budget Property
Tax Levy and Consideration of a
Resolution Certifyinq Proposed Tax
Levy requirements for 1990 to the
County of Anoka for Collection . . . . . . . . . 16-16B
CITY CODI�ICIL KEETZNa� 88PTF•1[BBR 18, 1989 P�GE ?
NE1/ H�SINS88 (CONTINQBD�:
Adopted Resolution No. 80-1989.
FINlINCE DBPAT.TMENT--l�CTION T!►10EN: Proceeded as authorized; hand
delivered to County on October 2, 1989.
CITY �NAGERS DEPARTMENT--l�CTION NEEDED: Set public hearings on
1990 budget for October 30, 1989 and November 6, 1989.
Claims . . . . . . . . . . . . . . . . . . . . . 17
Approved.
FINANCE DEPARTMENT--�►CTION T!�lCEN: Paid claims.
Licenses . . . . . . . . . . . . . . . . . . . . 18-18B
Approved as amended.
FINANCE DEPARTMENT--l�CTION T�i10EN: Issued licenses.
Estimates . . . . . . . . . . . . . . . . . . . . 19-19F
Approved.
�INANC$ DEP!►RTKENT--l�CTION T7�10EN: Paid estimates.
Adjourn: 9:03 p.m.
� FRIDLEY CtTY COUNCIL
Beptember 18, 1989 - 7:30 P.M.
���
The following are the "ACTIONS TAI�N" by the administration for
your information.
PREBENTATION OF PROCLAMATION:
Greater Anoka County Hwnane
Society Month, September, 1989
Issued - Mailed to Human Society
APPROVAL OF MINIITES:
City Council Meeting, August 28, 1989
Approved
�IDOPTION OF PiGENDA •
Add Item regarding parking stalls.
Delete Item �16
OPEN FORUM. VISITORS:
(Consideration of items not on agenda - 15 minutes)
Anoka County Sheriff--Ken Wilkenson
Presentation by Jim Hill for the swearing in of
the new police officer, Michael Monsrud
PIIBLIC HEARING:
Cohsideration of Public Hearirtg on
1989 Service Connections . . . . . . . . . . . . . 1 - 1 B
FINANCB DEPARTKEI�IT--l�CTION Tl�10EN: Closed Public Hearing
CITY COIIIdCIL 1[EETZNG� BEPT�IBER 11, 1989 P�GE 2
PIIBLZC BEARZNG (CO1dTINIIED):
Consideration of Public Hearing on ��
water, Sanitary Sewer & Storm Sewer
Improvement Project No. 183. (83rd) . . . . . . . 2 - 2 B
lINANCB DBPl,RTKENT--]1CTION Tl11CBN: Closed Public Hearing
Consideration of Public Hearing on �
Water, Sanitary Sewer & Storm Sewer
Improvement Project No. 188. (Northco). ..... 3- 3 B
�+INANCE DEPARTMENT--l�CTION TAICEN: Closed Public Hearing
0
Consideration of Public Hearing on
Street Zmprovement Project No. Street
1988 - 1& 2(Parts A, B, & C). (Northco) .... 4- 4 H
gINANCE DEPARTMENT--ACTION TAlCEN: Closed Public Hearing
OLD BUBINESB:
Consideration of Second Reading of
an Ordinance Recodifying the Fridley
City Code, Chapter 104, Entitled
"Tree Disease" by Renaming Chapter
to "Diseased Trees" and by Amending
Sections 104.02, 104.04, 104.06,
104.08 and 104.09 . . . . . . . . . . . . . . . . 5 - 5 8
PQBLIC �OR1C8 DEP�RTMENT--�iCTION TAKEN: Tabled until 9-18-89.
�iEA HOSiNESS:
Consideration of First Readinq of an
Ordinance Recodifying the Fridley City
Code, Chapter 602, entitled "Beer
Licensing" by Amendinq Section 60Z.09.1,
Licenses Required . . . . . . . . . . . . . . . . 6 - 6 A
�ZNANCE DEP!►RTKENT--I�CTION 'tEEDED: Second Reading on
September 18, 1989
CITY COIINCIL ISEETING, BEPTF.IdBER 11, 1989
ZiEW BIISINE88 (CONTINUED):
Consideration of First Reading of an
Ordinance Recodifying the Fridley
City Code, Chapter 603, Entitled
"Intoxicatinq Liquor" by l�,mending
Section 603.11.1, Hours of Operation. ...... 7
PaGB 3
�NANCB DBPl,RTMENT--l�CTION liBEDED: Second Reading on
September 18, 1989
Consideration of First Reading of an
Ordinance Recodifying the Fridley City
Code, Chapter 605, Entitled "Intoxicating
Liquor--Clubs" by Amending Section
605.13.1, 605.13.2, Restrictions. . . . . . . . . 8
FZNANCE DEPARTKENT--ACTION NEED�D: Second Reading on
September 18, 1989
Consideration of First Reading of an
Ordinance Recodifying the Fridley
City Code, Chapter 606, Entitled
"Intoxicating Liquors, Congressionally
Chartered Veterans' Organizations" by
Amending Section 606.11.1, Hours of
Operation . . . . . . . . . . . . . . .
. . . . . 9
FINANCE DEPARTMENT--l�CTION NEEDED: Second Reading on
September 18, 1989
Consideration of Resolution Confirming
Assessment for 1989 Service Connections ..... 10 - 10 B
FINANCE DEPARTMENT--7�CTION T!►10EN: Resolution 73-1989 adopted
Consideration of Resolution Confirming
Assessment for Water, Sanitary Sewer &
Storm Sewer Improvement Project No. 183.
(83rd) . . . . . . . . . . . . . . . . . . . . . . 11 - 11 B
BINANC$ DEPARTKENT--l�CTION NEEDED: Resolution 74-1989 adopted
CITY COIINCIL I�BETING, BBPTBKBER 11, 1989
NE11 BOSINE88 (CONTINQED):
P�GB �
Consideration of Resolution Confirming
Assessment for Water, Sanitary Sewer &
Storm Sewer Improvement Project No. 188.
(Northco) . . . . . . . . . . . . . . . . . . . . 12 - 12 B
!IN!►NCg DBPl�RTMENT--7�CTiON T!�lCEN: Resolution 75-1989 adopted
Consideration of Resolution Confirminq
Assessment for Street Improvement Project
No. Street 1988 - 1& 2(Parts A, B, & C).
' (Northco & Moore Lake Commons). . . . . . . . . . 13 - 13 G
FINANCE DEPARTMENT--l�CTION TAICEN: Resolutions 76-1989,
77-1989, and 78-1989 adopted
Consideration of Receiving the Minutes
of the Planning Commission Meeting of
August 30, 1989 . . . . . . . . . . . . . . . . . 14 - 14 FF
A. Items from the Appeals Commission
meeting minutes of August 22, 1989
A-1. Consideration of a variance,
VAR �89-16, to reduce the
front yard setback from 35
feet to 30 feet to allow
the construction of a new
home on Lot 10, Block 2,
Riverwood Park, the same
being 7110 Riverwood
Drive N.E., by Kenneth A.
Tique ....................14L-14FF
gO�II�iIINITY DBVELOP1�iENT--l�CTZON Tl�10EN; Notified petitioner of
City Council approval.
Consideration of Entering into an
Agreement with Bruce A. Leisch to
Conduct a Water Source Study. . . . . . . . . . . 15
PIIHLIC wOR1CB DBPARTlIENT--1�iCTION Tl�10EN: Proceeded as
authorized.
CZTY COIINCZL ![EETING, 6$PTEKBER 11, 1989 P�GE 5
NEA BIISZNEBB (CONTINIIED�:
Consideration of Entering into an
Agreement with HNTB to Design a
1 MG Elevated Water Reservoir . . . . . . . . . . 16
�OBLIC wOR1CB DBP!►RTKENT--l�CTION T!�lCEN: Deleted from agenda
and will hold agreement in suspense until further notice.
Consideration of Change Order No. 12
to Fridley Municipal Center Improvement
Proj ect No . 189 . . . . . . . . . . . . . . . . . 17 - 17 D
PIIBLIC 110RR8 DEPARTMENT--�iCTZON TAICEN: Proceeded as
authorized.
0
Consideration of Receiving Bids and
Award Contract for Storm Sewer Pipe
Repair Project No. 194 (Bennett Drive). ..... 18 - 18 A
�IIBLIC WORRS DEPARTKENT--ACTION TAREN: Notified low bidder
of Council approval.
Appointment: City Employee . . . . . . . . . . . 19
Concurred
Cla�ms . . . . . . . . . . . . . . . . . . . . . 20
CBNTRAL 6ERVICEB--l�CTION Tl�10EN: Pay claims
Licenses . . . . . . . . . . . . . . . . . . . . 21 - 21 H
CSNTRAL BERVICEB--l►CTION Tl,10EN: Issued Licenses
Estimates . . . . . . . . . . . . . . . . . . . . 22
CBNTRAL BERVICES--l�CTION Tl�10EN: Pay estimates
Adjourn: 9:40 p.m.
F`lilDL�E1�
FRIDLEY CITY COUNCIL
BEPTSI�I88R 18, 1989 - 7:30 P.I�I.
pLEDGE OF ALLEGI7�iCE :
APPROVAL OF 1�IINLJTEB:
Council Meeting, September 11, 1989
lrDOPTION OF AGENDA:
OPEN FORIIM, VISITORB:
(Consideration of items not on agenda - 15 minutes)
OLD BIISINESS:
Consideration of Second Reading of an
Ordinance Recodifying the Fridley City
Code, Chapter 104, Entitled "Tree Disease"
by Renaming Chapter to "Diseased Trees"
and by Amending Sections 104.02, 104.04,
104.06, 104.08 and 104.09 . . . . . . . . .
�
�
. . . 1-1B
CITY COIINCIL liEETZ�G, BBPTE�IB$R 18, 1989
OLD H�SINE88 COIdTINQED:
Consideration of Second Reading of
an Ordinance Recodifying the Fridley
City Code, Chapter 602, entitled "Beer
Licensing" by Amending Section 602.09.1,
Licenses Required . . . . . . . . . . .
Q
i
� ��
�
. . . . . 2
Consideration of Second Reading of an
Ordinance Recodifying the Fridley City
Code, Chapter 603, Entitled "Intoxicating
Liquor" by Amending Section 603.11.1,
Hours of Operation. . . . . . . . . . . .
�
J ��"
�
. . . . 3
Consideration of Second Reading on an
Ordinance Recodifying the Fridley City ,�;,�,✓
Code, Chapter 605, Entitled "Intoxicating '�"�
Liquor -- Clubs" by Amending Section
605.13.1, 605.13.2, Restrictions. . . . . . . . . 4
/
1r�'
/
Consideration of Second Reading of an
Ordinance Recodifying the Fridley City �
Code, Chapter 606, Entitled "Intoxicating �
Liquors, Congressionally Chartered Veterans'
Organizations" by Amending Section 606.1i.1,
Hours of Operation . . . . . . . . . . . . . . . .
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PAGE 2
CITY COIINCZL 1�iBETZNG, BBPTSKHER 28, 1989
xsw Hvsirrsss:
Consideration of Proposed Changes to
Chapter 6 of the Fridley City Code
Entitled "Commissions" Sections 6.01,
Commission Titles; 6.03, Planning
Commission; 6.08, Enerqy Commission;
6.05, EQC;
and
Chapter 205, Zoning
205.13.3.B., 205.14.3 g 205.15.3.8,
205.16.3.C, 205.17.3.C., and 205.18.3.0 .
r
Consideration of a Resolution Authorizing
and Directing the Splitting of Special
Assessments on: Section 12, Part of SE
1/4 Parcel 7210 . . . . . . . . . . . .
�
� �
D
P�GE 3
�
� k
i
. . . . 6-6C
�
. . . . 7-7C
Consideration of Receiving Bids and
Awarding the Contract for File Folders �
to Mid American and the Bid for Labels
1
to Wriqht-Line . . . . . . . . . . . . . . . . . . 8 8A
�
Consideration of Receiving Items
from Planning Commission meetinq
of September 13, 1989 . . . . . . . . . . . . . . 9
A. Consideration of setting
a Public Hearing on October
2, 1989 for a vacation, SAV y
#89-04, by David Larson .................9
C�
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CITY COIINCIL I[BETING� BBPTEKBBR 18� 1989
�i$11 BOSI1�E88 (CONTZNIIED) :
P�GE 4
Consideration of Receiving Items from
Appeals Commission Minutes of
September 5, 1989 . . . . . . . . . . . . . . . . 10-lOZ
A. Consideration of a variance
request, VAR #89-19, to
reduce the required setback
from 35 feet to 12 feet; to
reduce the required side
�'� yard setback from 10 feet
to 9.1 feet; to reduce the
required side yard setback
� ' � for an attached accessory
use from 5 feet to 1 foot,
� l all to allow the construction
M1� J•� of a double car garage on Lot
�}-^ 1>> 8, Block l, Parkview Oaks First
� �� Addition, the same being 1281
Hathaway Lane N.E., by Orville
�r� � and Jeannine Sachs.......10-100
�� �
�
B. Consideration of setting
a public hearing on October
2, 1989 for the sale of
excess property, Outlot
C, Insbruck North Addi-
tion, adjecent to 1281
Hathaway Lane N E........lOP-lOQ ��,✓
� �
u� ���
C. Consideration of a
variance request,
VAR #89-20, to reduce
the setback for all
parking and hard-
surface areas from 20
feet from any street
right of way to 9 feet,
on Lots 18 throuqh 24,
Block 13, Bennett Palmer
Addition, generally
located directly north
of former Zantigo
Restaurant, by Fridley
Alano Society............lOR-lOZ
� /
,w
CITY COIINCIL !IE$TIHG� BSPTB�LBER 18i 1989 PAGE 5
NE1I HOSINE88 (CONTINIIED):
Consideration of a request by Donald
Dickison of Customer Mechanical to
extend the installation dates of outside
improvements as stipulated by SP �88-12
and VAR �88-22 . . . . . . . . . . . . . . . . . . 11-11A
�
��� /
U`� -
�
Consideration of Receivinq the Minutes
of the CATV Advisory Committee Meetinq
of August 17, 1989 . . . . . . . . . . . . . . . . 12-12F
�l
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Considerati
for Street
ST. 1989 -
er No. 2
ect No.
. . . . . . . . . . . 13-13B
Consideration of Chanqe Order No. 13
��^''
for Friddley Municipal Center Improve-
ment Project No. 189. . . . . . . . . . . . . 14-14C
1n /
� �U'
Consideration of Change Order No. 4
for Contract for Technical System for
the Fridley Municipal Center. . . . . . . . . . . 15-158
� ti�
CITY COIII�ICIL lLEETZ�G� BEPTEI�IBBR 18, 1989
PAGE 6
�TE11 BU8ZNE88 (COI�lTINIIED) : ��,�U�"
Consideration of 1990 Budget Property �
Tax Levy and Public Hearin . . . . . . . . . . . 16-168
� �� ��
U � � �
��� � �/
��
claims
Licenses
/
...........�,
�
. . . . . . . . . . . 18-18B
�
Estimates . . . . . . . . . . .� . . . . . . . . . 19-19F
/
�,
Ln
Adj ourn :
THE MIN�1T$8 OF TH$ FRIDLBY CITY COONCIL M88TINa OF
BBPTEMBER 18, 1989
'�'HE MINIITEB OF THE REGUL�iR 1�iE8TINt3 AF T8� FRIDLBY CITY COIINCIL OF
8$PTEMBER 11, 1989
The Regular Meeting of the Fridley City Council was called to order
at ?:40 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Alleqiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Schneider, Councilman Fitzpatrick and
Councilman Billings
MEMBERS ABSENT: Nane
PRESENTATION OF PROCLAMATION:
GREATER ANOKA COUNTY HUMANE SOCIETY MONTH. SEPTEMBER. 1989:_
Mayor Nee issued a proclamation proclaiming September, 1989 as
Greater Anoka County Humane Society Month to encourage increased
public awareness of the services provided by this non-profit
organization. He urged Fridley citizens to participate in the 5K
Walk/RunjRoll for Homeless Animals or to contribute pledges to help
the Humane Society provide the proper care for abandoned and stray
animals in Anoka County. Mayor Nee requested this proclamation be
mailed to the Humane Society.
APPROVAL OF MINUTES:
COUNCIL MEETING, AUGUST 28. 1989:
MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
Mayor Nee stated staff has requested Item 16 be deleted.
Councilman Billings asked that an item be added regarding a
proposed ordinance amendment concerning parking stalls.
MOTION by Councilman Fitzpatrick to adopt the agenda with the
deletion of Item 16 and the addition of the item (23) concerning
parking stalls. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
FRIDLEY CITY COONCZL l�BETINa OF BBPTEMBER 11, 1989 PAGE 2
OPEN FORUM, VISITORS:
KEN WILKINSON. ANOKA COUNTY SHERIFF'S DEPARTMENT:
Mr. Wilkinson, Anoka County Sheriff, addressed the Council as to
services provided by his department. He stated the working
relationship between the Fridley Police Department and the Anoka
County Sheriff's Department is excellent. He stated Jim Hill has
one of the most progressive police departments in the area.
Mr. Wilkinsan stated the areas where the Anoka County Sheriff�s
Department has provided service to the City involve criminal
investigations, sexual assault cases, and drug enfarcement. He
stated arrests have been made in these areas by the cooperative
efforts of the City and County. He stated criminal investigations
are augmented by the crime lab services. Mr. Wilkinson stated
another area added this year was polyqraph services. He also
stated the County provides jail services to the City of which
Fridley has been a major contributor. Mr. Wilkinson stated other
services provided involve arrest warrants, special weapons, the
swat team, and canine unit.
Mr. wilkinson stated his future goals and objectives were to expand
the crime lab services and provide prisoner transpartation. He
stated these requests were not approved by the County Board, but
he would submit the requests again next year. Mr. Wilkinson stated
funds have been allocated for a computer system, however, it
appears it will be next year before it is operational.
Mr. Wilkinson stated he is open to any comments and suggestions
from the Council on how the Sheriff's Department may enhance their
services to the City.
Mr. Burns, City Manager, asked if any changes are proposed in the
dispatching service.
Mr. Wilkinson stated this area does not come under the jurisdiction
of the Sheriff's Department, but stated another emergency channel
is being added.
Mr. Herrick, City Attarney, stated the City of St. Paul received
some computerized fingerprinting apparatus and asked if the County
is considering a similar system.
Mr. Wi2kinson stated they arE
system, but funding is always
it could be implemented in the
one of the problems that exist
processed by this technology.
this further with personnel
problem.
in the process of reviewing this
� major item. He stated it is hoped
not too distance future. He stated
is the FBI does not accept the cards
Mr. Wilkinson stated he is checking
from the FBI to see what is the
ZRIDLBY CITY CODI�ICIL 1[EETiNG OF BBPTSMBER 11. 1989 PI►GE 3
Mr. Wilkinson thanked the Council for the opportunity to address
them this evening.
SWEARZNG-IN OF NEW POLICE OFFICER MICHAEL MONSR�T�
Mr. Jim Hill, Public Safety Director, introduced Fridley's newest
member of the police force, Michael Monsrud. He stated Mr. Monsrud
attended Coon Rapids High School, graduating in 1985 with honors.
He stated he attended Anoka Ramsey and North Hennepin Community
Colleges and received an AAS degree in law enforcement.
Mr. Hill stated Mr. Monsrud was employed by the Anoka Police
Department and assigned to security at the Anoka State Hospital.
He stated he was previously employed as a police intern with the
City of Minnetonka and is a member of the Army reserves.
Mr. Hill administered the oath of office to Mr. Monsrud and Mayor
Nee and members of the Council extended their congratulations and
welcomed him to the City of Fridley.
PUBLIC HEARINGS:
l. PUBLIC HEARING ON 1989 SERVICE CONNECTIONS:
MoTION by Councilman Fitzpatrick to waive the reading of the public
hearing notice and open the public hearinq. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
8:08 p.m.
Mr. Pribyl, Finance Director, stated this hearing involves the
final assessment roll for the 1989 service connections. He stated
each property involved has connected to City water or sewer without
having previously paid a lateral charge. He stated all property
owners in this assessment roll have signed agreements to the
principal of these lateral charges.
Mr. Pribyl
period with
principal.
No persons
assessment.
stated the assessment will be spread over a 15 year
an interest rate of 8 percent per year on the unpaid
in the audience spoke regarding this proposed
MoTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:10 p.m.
2. PUBLIC HEARING ON WATER. SANITARY SEWER & STORM SEwER
,�MPROVEMENT PROJECT NO. 183 (83RD):
pRIDLEY CITY COQNCIL ][EBTINa O� BEPTEKHBR 11. 1989 P�GB 4
MOTION by Counci2man Fitzpatrick to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
�the motion carried unanimously and the public hearinq opened at
8:10 p.m.
Mr. Pribyl, Finance Director, stated this hearinq involves the
assessment roll for water, sanitary sewer, and storm sewer on
University Avenue West Service Drive from 83rd Avenue to 500 feet
north. He stated the two properties to be assessed petitioned for
the improvements, and the total cost of this Project No. 183, is
$38,726.80, will be divided between the two owners and spread over
a 20 year period at 8 percent interest.
No persons in the audience spoke reqarding this proposed
assessment.
MOTION by Councilman �Fitzpatrick to close the public hearing.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:11 p.m.
3. PUBLIC HEARING ON WATER. SANITARY SEWER & STORM SEWER
�MPRQVEMENT PROJECT NO. 188 iNORTHCO):
MOTION by Councilman Billings to waive the readinq of the public
hearing notice and open the public hearinq. Seconded by Councilman
Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
8:11 p.m.
Mr. Pribyl, Finance Director, stated this hearinq involves the
assessment roll for water, sanitary sewer, and storm sewer for the
Northco Business Park Plat. He stated the owner petitioned for the
improvements and wil� be assessed at 8 percent interest for a 15
year period. He stated the total amount of the assessment is
$236,548.51. �
No persons in the audience spoke regardinq this proposed
assessment.
MOTZON by Councilman Billings to close the public hearing.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:13 p.m.
4. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT NO. ST 1988 - 1
& 2 [PARTS A. B, & C):
MOTION by Councilman Billinqs to waive the readinq of the public
hearinq notice and open the public hearinq. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor
FRIDLEY CITY COIINCIL MEETING OF BEPT$MBER 11. 1989 PAGE 5
Nee declared the motion carried unanimously and the public hearing
opened at 8:14 p.m.
Mr. Pribyl, Finance Director, stated this hearing involves the
assessment roll for Street Improvement Project ST 1988 - 1& 2,
consisting of several parts. He stated Part A involves the Rice
Creek Road alignment from Highway 65 to Central Avenue. He stated
this improvement was petitioned for by the property owner at a
total cost of $1,058,858.43. He stated the assessment will be
spread over a 13 year period at an interest rate of 9 percent.
Mr. Pribyl stated also included in Part A is the parking lot
improvement at the satellite fire station at a cost of $14,017.87;
the Osborne Road bike path at a cost of $3,744.74; the 63rd Avenue
and Rice Creek Road improvement of the sanitary sewer system at a
cost of $31,557.44; and driveway construction at a cost of
$13,496.31.
Mr. Pribyl stated Part
extension of the storm
stated this improvement
He stated the cost was
$12,200, will be spread
interest. He stated th
B of this improvement project includes
sewer service at 6400 Central Avenue. He
was petitioned for by the property owner.
$14,600, and the amount to be assessed,
over a 15 year period at 9-1/2 percent
e remainder of the cost will come from the
storm sewer escrow and storn► sewer
funds.
Mr. Pribyl stated Part C of this improvement project involves the
Sears Surplus parking lot. He stated Shorewood Plaza Partners
petitioned for this improvement and agreed to the assessment cost.
He stated the total cost is $37,379.69 and will be spread over a
10 year period at an interest rate of 8 percent.
Councilman Schneider asked if the assessment for Part A of this
project was exactly as per the agreement signed on March 23, 1988.
Mr. Pribyl replied in the affirmative and stated the City's costs
were totally covered.
No persons in the audience spoke regarding this proposed
assessment.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:16 p.m.
OLD BUSINESS•
5. CONSIDERATION OF SECOND READING OF AN ORDINANCE RECODIFYING
THE FRIDLEY CITY CODE, CHAPTER 104 ENTITLED ^TREE DISEASE"
BY RENAMING CHAPTER TO "DISEASED TREES" AND BY AMENDING
SECTIONS 104.02. 104.04 104.06, 104.08 AND 104.09:
FRZDLBY CITY CODNCZL 1�S8TINQ OF BBPTBI�IB$R 11. 1989 PAGE 6
Mr. Flora, Public Works Director, stated this change to the
Diseased Tree Ordinance includes identification of the
Superintendent of Public Works as the City Forester; identification
of the City Manager as the Director and Controller of the program;
extends the response date for tree removal from 10 to 30 days;
allowes the property owner to have a private diseased tree removed
and assessed to the property for a period of five years; defines
a boulevard tree within the street right-of-way; and identifies the
City's responsibility for removal of boulevard trees and
replacement of bare root trees on the owner's property.
Mayor Nee stated he understands some residents may be concerned
with this ordinance.
Mr. George Tony, 5898 Hackmann Avenue, stated all the trees on the
south side of Hackmann Avenue have been removed by the City. He
stated there are seven trees remaining on the north side and most
of them are diseased. He stated they are supposedly on private
property, however, he measured the areas on the north side of the
street where the City removed four trees and found the distances
from the bottom of the curb to the base of the tree varied from 13
feet to 10 feet, 8 inches. He stated these trees were set back
further than what the City classifies as boulevard trees. Mr. Tony
felt if the City removed some of the trees on the north side of
Hackmann Avenue, they should remove the remaining seven diseased
trees.
Councilman Schneider stated prior to 1982, there was a State
program that provided funding for removal of diseased trees and a
number of trees were removed by the City during that period on a
cost sharing basis with the property owners. He stated this
program terminated in 1982. Councilman Schneider stated in 1987,
while the City was still inspecting trees, three trees on Hackmann
Avenue were marked for removal by the City because they were
diseased and, at that time, the property owners were advised they
were boulevard trees, and would be removed. He stated after one
of the trees was removed, it was determined that this was an error
and the trees were not on the City's right-of-way. He stated the
Council discussed this matter and he advocated that, since the City
had marked the trees and advised the property owr►ers they would be
removed by the City, the City should make qood its word and removed
them at City expense.
Mr. Tony stated every tree on Haclamann has been removed by the
City, except those seven on the north side and he felt the City
should remove them as they were.planted as boulevard trees.
Councilman Schneider stated the whole issue is where the tree is
located. He stated if it is on City property, the City will remove
it.
FRIDLEY CITY COIINCIL KEBTING OF 88PT8M8$R 11. 1989 PAGE 7
Mr. Tony stated you cannot take down trees that were not on City
property and leave others. He felt they should receive the same
consideration.
Councilman Schneider stated the three trees removed by the City
were in error and he will take responsibility for talking the
Council into making good on the promise that was made to the
property owners. He stated one tree was already down and the other
two had been marked and the property owners advised by a City
employee that the City would remove them. He stated it was a
matter of the Council honoring their word.
Councilman Schneider stated this ordinance the Council is
considering would allow the City to remove diseased trees on
private property, if the owner so desired, and spread this cost
over a five year period.
Mr. Robert Townsend, 5874 Hackmann Avenue, felt the road must have
been re-surveyed, after the building contractor planted the trees.
Mayor Nee stated the City determines where the paving is to be
installed within the right-of-way. He stated the contractor had
the authority to plant the trees anywhere on the lot.
Mr. Townsend stated you cannot go by the stakes as his lot is 75
feet wide and the stakes are 66 feet apart.
Councilman Schneider asked Mr. Townsend if his argument was the
tree was on the City's right-of-way.
Mr. Townsend stated the tree is on his property and it is obvious
a mistake was made.
Councilman Billings stated the building contractor hires a surveyor
to lay out the plat and iron pins are installed at each of the
property corners to show the location of the front yards. He
stated whoever planted the trees, before the road was constructed,
was using the pins to determine the location of the front yards.
Mr. Townsend felt if the City removed trees which were not on City
property, they should remove these other affected trees. He asked
the cost for tree removal.
Mr. Flora stated the cost is $7.90 a diameter inch for removal of
the tree and another $1.45 a diameter inch for removal of the
stump.
Councilwoman Jorgenson reviewed costs for tree removal at various
properties on Haclanann Avenue which ranged about $250 to $275. She
FRIDLEY CITY COQNCIL l�B$TINQ OF B$PT�l��i8$R 11. 1989 pAGE 8
stated she wished there was an easy solution to this problem. She
stated if the City removed trees for the property owners on
Hackmann Avenue, other residents in the City would have to be given
the same consideration.
Councilman Schneider stated he took an oath of office to do what
was in the best interests of the City. He stated he felt it would
be irresponsible for the City to remove the trees on Haclanann
Avenue, as similar requests would have to be honored all over the
City. He advised Mr. Tony if he can submit a petition with 500
signatures from residents indicating the City should remove the
trees on Hackmann, but not on their street, he would proceed to
have this accomplished.
Mayor Nee stated the State Leqislature did fund the program for
disease management on these trees. He stated, however, this
program became too expensive for the State and funding was
eliminated. He felt if the State cannot find the funds, the City
is surely not in a position to fund such a program.
Mayor Nee stated he questioned Section 104.04, Subdivision 5, and
felt it should be better defined by making it more restrictive or
removed.
Councilman Billings asked how this ordinance would impact on
diseased pines.
Mr. Flora stated only two types of disease are identified in the
ordinance, Dutch Elm and Oak Wilt. He stated if another disease
occurred, it could be added to this section. He felt this
subdivision 5 could be deleted without impacting the ordinance.
Mr. Burns, City Manager, asked if there was a dead tree that was
a potential danger, if the nuisance ordinance could be used to
abate the problem. Mr. Herrick stated that would be a possibility.
Councilman Billings stated it is not known what diseases may affect
trees and if the Council has to go through the ordinance amendment
process to cover all the diseases, a lot of trees may be lost. He
stated if there is more appropriate language, he would like to
consider it as an amendment in the future. He stated he was not
prepared to eliminate that section from the statute at this time,
as he felt the City is in need of some of the other items covered
in this ordinance.
Mr. Herrick felt what has to be considered is what is a nuisance
and what is a reasonable use.
Mr. Flora stated the reason he suggested the Council may want to
delete this subsection was because he was not sure of the language
to be used or what other diseases need to be addressed.
�RZDL$Y CITY COIINCIL 1rIEETING OF BBPTB�IBBR il. 1989 P�GE 9
Councilman Schneider felt the lanquage should probably relate to
what constitutes a hazard to the health, safety, and welfare of the
public.
MOTION by Councilman Schneider to table this item and direct staff
to review Section 104.04, Subdivision 5, relative to the discussion
this evening. Seconded by Councilman Fitzpatrick. Upon a voice
vote, Councilman Schneider, Councilman Fitzpatrick, Councilwoman
Jorgenson and Mayor Nee voted in favor of the motion. Councilman
Billings voted against the motion. Mayor Nee declared the motion
carried by a 4 to 1 vote.
6. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE
�'RIDLEY CITY CODE. CHAPTER 602, ENTITLED "BEER LICENSING" BY
AMENDING SECTION 602.09.1. LICENSES RE4UIRED:
Mr. Pribyl, Finance Director, stated this item and items 7, 8, and
9 all relate to changes in the City's Liquor Code to bring it into
compliance with State Statutes. He stated there have been some
changes in the hours and days for sale of beer and intoxicating
liquor and no sales on Christmas Day, December 25 or Thanksgiving
Day.
Mr. Herrick, City Attorney, stated the City's ordinance may be more
restrictive than the State statute and the Council is not required
to adopt these hours if they do not wish to do so.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance upon first reading. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
7. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE
FRIDLEY CITY CODE, CHAPTER 603. ENTITLED "INTOXICATING LI4UOR"
BY AMENDING SECTION 603.11.1. HOURS OF OPERATION:
MOTION by Councilman Schneider to waive the reading and approve the
ordinance upon first reading. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
8. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE
FRIDLEY CITY CODE , CHAPTER 605 , ENTITLED "INTOXICATING LI4TIOR-
-CLUBS" BY AMENDING SECTION 605.13.1. 605.13.2. RESTRICTIONS_:
MOTION by Councilman Schneider to waive the reading and approve the
ordinance upon first reading. Seconded by Councilwoman Jozgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
FRIDLEY CITY COIINCIL ILEBTINa OF 8$PTBMHBR 11. 1989 PAa$ 10
9. rONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING THE
FRIDLEY CITY CODE CHAPTER 606. ENTITLED "INTOXICATING
TIOUORS CONGRESSIONALLY CHARTERED VETERANS' ORGANIZATIONS"
$Y AMENDING SECTION 606.11 1 HOURS OF OPERATION:
MOTION by Councilman Schneider to waive the reading and approve the
ordinance upon first reading. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
10. �S�LiTTION N�. 73-1989 CONFIRMING ASSESSMENT FOR 1989 SERVICE
CONNECTIONS•
MOTION by Councilman Schneider to adopt Resolution No. 73-1989.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
11. RESOLUTION NO. 74-1989 CONFIRMING ASSESSMENT FOR WATER,
SANITARY SEWER & STORM SEWER IMPROVEMENT PROJECT NO. 183
�83RD) •
MOTION by Councilman Schneider to adopt Resolution No. 74-1989.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
12, RES�Li7TI�N NO. 75-1989 CONFIRMING ASSESSMENT FOR WATER.
SANITARY SEWER & STORM SEWER IMPROVEMENT PROJECT NO. 188
SNORTHCO)•
MOTION by Councilman Schneider to adopt Resolution No. 75-1989.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
13. RESOLUTION NO. 76-1989 CONFIRMING ASSESSMENT FOR STREET
IMPROVEMENT PROJECT NO. ST 1988 - 1& 2(PART A):
MOTION by Councilman Fitzpatrick to adopt Resolution No. 76-1989.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
RESOLUTION NO. 77-1989 CONFIRMING ASSESSMENT FOR STREET
I�IPROVEMENT PROJECT NO. ST 1988 - 1& 2(PART B):
MOTZON by Councilman Fitzpatrick to adopt Resolution No. 77-1989.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
RESOLUTION No. 78-1989 CONFIRMING ASSESSMENT FOR STREET
�MPROVEMENT PROJECT NO. ST 1988 - 1& 2(PART C):
�RIDLBY CITY COQIdCZL 1SESTINa OF BBPT$KBBR 11. 1989 P�GE 11
MOTION by Councilman Fitzpatrick to adopt Resolution No. 78-1989.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the notion carried unanimously.
• � _ � • • � 4: Y �l�! • 4:�
• � • r� � I
A. �TEM FROM THE APPEALS COIrIIrIISSION I+IEETING MINUTES OF
AUGUST 22. 1989•
A-1. CONSIDERATION OF A VARIANCE. VAR #89-16, TO REDUCE THE
�'RONT YARD SETBACK FROM 35 FEET TO 30 FEET TO ALLOW THE
�ONSTRUCTION OF A NEW HOME ON LOT 10, BLOCK 2. RIVERWOOD
pARK, THE SAME BEING 7110 RIVERWOOD DRIVE N.E.. BY
IC�NNETH A. TIGUE•
Mr. Robertson, Community Development Director, stated this is a
request for a variance to reduce the front yard setback from 35 to
30 feet to allow the construction of a new home at 7110 Riverwood
Drive N.E. He stated the petitioner, Mr. Tique, is proposing to
construct a 1,220 square foot single family home.
Mr. Robertson stated when the street was platted, the riqht-of-way
for the corner had a"bubble" in it. He stated if the 35 foot
setback is maintained, on one corner of the qarage, would be
encroachinq approximately five feet. He stated in looking at the
plat map, the 30 foot Betback is equal to the 35 foot setback on
adjacent lots due to the "bubble" in the corner of the street.
Mr. Robertson reviewed alternatives which the petitioner could
consider which would allow him to construct the home without
encroaching into the front yard setback. He stated the city could
vacate five feet of the drainage and utility easement across the
rear of the yard; vacate the easement only where the house would
encroach into the easement; or build over the easement with a
letter of indemnification to the City which would be recorded
against the property. He stated the petitioner could also reduce
the size of the home or build a two Btory home.
Mr. Robertson stated staff recommended denial of this variance due
to the various alternatives available to the petitioner, however,
the Appeals Commission recommended approval by a 3 to 1 vote.
Councilman Fitzpatrick stated this variance would not affect the
line-of-sight for this home or the homes on either side of this
lot. He stated the actual encroachment into the 35 foot setback
is only on the corner of the buildinq.
MOTION by Councilman Fitzpatrick to concur with the recommendation
of the Appeals Commission and qrant variance, VAR #89-16, to reduce
�RIDLEY CITY COIINCIL l�EBTING OF 8$PTSMB$R 11. 1989 PAGE 12
the front yard setback from 35 to 30 feet at 7110 Riverwood Drive.
Seconded by Councilman Billinqs. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Jorqenson to receive the minutes of the
Planning Commission Meeting of August 30, 1989. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
15. CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH BRUCE A.
LEISCH TO CONDUCT A WATER SOURCE STUDY:
Mr. Flora, Public Works Director, stated Bruce A. Leisch and
Associates has submitted a proposal to complete a water quality
study for the shallow wells. He stated this agreement calls for
completing the study in three months at a cost not to exceed
$15,991. He stated the study will consist of assembling ground
water information associated with the Fridley area and attempt to
determine the source, quantities, and impact of trichlorethylene
found in the Mount Simon aquifer within the Commons Park area.
MOTION by Councilman Schneider to authorize the Mayor and City
Manager to enter into this agreement with Bruce A. Leisch and
Associates. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
16. This item was deleted from the agenda.
17. CONSIDERATION OF CHANGE ORDER NO. 12 TO FRIDLEY MUNICIPAL
CENTER IMPROVEMENT PROJECT N0. 189:
Mr. Flora, Public Works Director, stated this chanqe order consists
of 3 Proposals Requests and 8 Work Orders for the Municipal Center
totaling $10,068 and 2 Work Orders for the ramp totaling $1,870.
He stated it also includes the followinq: 1 Proposal Request for
the Fire Department for $1,195; change in a Proposal Request �53
for the Compressor Room which is a deduction of $4,i67; amendment
of Proposal Request �19 for the east stairwell of the ramp to add
a cost of $2,242; a contract amendment for Glewwe Doors, Inc. for
additional hardware $1,666 and Guillawne and Associates for
additional finishing work $4,740 which was deducted in Change Order
No. 10 from Country Cabinets, Inc.
MOTION by Councilman Schneider to authorize Change Order No. 12 to
the Municipal Center Improvement Project No. 189. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
lRIDLBY CITY COIINCIL l[EBTZNG O� BBPT��ER 11. 1989 P71GE 13
18. CONSIDERATION OF RECEIVING BIDS AND AWARDING CONTRACT FOR
�TORM SEWER PIPE REPAIR PROJECT NO. 194 (BENNETT DRIVE):
Mr. Flara, Public Warks Director, stated the City advertised for
this project and a bid was received from the sole producer of the
Insituform system, Insituform Central, Inc. in the amount of
$24,799.72. He stated this company is currently working in the
City of Minneapolis installing Insituform on a number of sanitary
sewer lines and by grouping this project, it should result in
considerable savings in mobilization and installation costs.
Mr. Flora stated it is recommended to receive the bid and award to
Insituform Central, Inc. for $24,799.72.
MOTION by Councilman Fitzpatrick to receive the following bid for
Storm Sewer Pipe Repair Project No. 194:
Insituform Central, Inc.
4510 West 7th St., �100
Edina, MN 55435 S24�?99•�2
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Fitzpatrick to award the contract for Storm
Sewer Pipe Repair Project No. 194 to Insituform Central, Inc. in
the amount of $24,799.72. Seconded by Councilman Schneider. Upon
a voice vote, all votinq aye, Mayor Nee declared the motion carried
unanimously.
19. APPOINTMENT: CITY EMPLOYEE•
MOTION by Councilman Fitzpatrick to concur with the following
appointment by the City Manager:
STARTING STARTING
NAME POSITION SALARY DAT� �,tEPLACES
Michael Monsrud Police $10.71 September Craig
Officer per hour 18, 1989 Gromek
(partial $1,858
exempt) per month
Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
20. CLAIMS•
MOTION by Councilman Schneider to authorize payment of Claims No.
28224 through 28381. Seconded by Councilwoman Jorgenson. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
#'RIDLBY CITY COIINCIL I�ESTINQ OF B$PT$MB$R 11, 1989 PAGE 14
21. 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 motian carried unanimously.
22. ESTIMATES•
MOTION by CounciZman Schneider to approve the estimates as
submitted:
� Herrick and Newman
6401 University Avenue N.E., Suite 205
Fridley, MN 55432
Services rendered for August, 1989 .....$ 3,800.25
Newquist & Ekstrum Chartered
Suite 301, Fridley Plaza
6401 University Avenue N.E.
Fridley, MN 55432
Services rendered for July, 1989 ......$ 7,665.00
AEC Engineers & Designers
511 - lith Avenue South
Minneapolis, MN 55414
3MG Concrete Reservoir Repair
Project No. 192
Partial Estimate . . . . . . . . . . . . . . $ 3,500.00
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
23. CONSIDERATION OF RECEIVING PROPOSED ORDINANCE CHANGE RELATIVE
TO PARKING STALLS:
Councilman Billings asked that the Council consider forwarding this
proposed change regarding parking stalls to the staff for review
and processing through the customary channels.
Councilman Schneider felt this issue should probably have been
discussed at a Conference Meeting. He stated he was totally
unaware it was goinq to be submitted this evening.
Mayor Nee stated he understands it is to be introduced only for
study.
Councilman Billings stated he is not requesting the Council to vote
on the proposed change. He stated he knows of no other mechanism
FRIDLEY CITY COUZTCIL KSETZNQ OF BBPTB�IBER 11. 1989 P�GE 15
for a Council me�
stated if there i
so. He stated he
in the ordinance.
ber to submit proposed changes to the code. He
a another procedure he should follow, he would do
wanted staff to process this as a proposed change
MOTION by Councilman Billings to receive the proposed amendment to
the City Code regarding the definition of parkinq stalls and refer
to staff for review and grocessing. Seconded by Councilman
Fitzpatrick. Upon a voice vote, Councilman Billings, Councilman
Fitzpatrick, and Mayor Nee voted in favor of the motion.
Councilman Schneider and Councilwoman Jorgenson voted against the
motion. Mayor Nee declared the motion carried by a 3 to 2 vote.
�+iDJOURNMENT :
MOTION by Councilwoman Jorgenson to adjourn the meetinq. Seconded
by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor
Nee declared the motioq carried unanimously and the Reqular Meeting
of the Fridley City Council of September il, 1989 adjourned at 9:40
p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
Approved:
William J. Nee
Mayor
E„g�„t�,��,g
Sewcr
Waicr
Parks
Stree�s
Ma�ntenanGe
MEMORANDUM
.
��
TO: William W. Burns, City Manager,�' PW89-321
FROM: John G. F1ora,fPublic Works Director
DATE: August 18, 1989
BIIBJECT: Diseased Tree Ordinance
We have prepared some recommended changes to our Diseased Tree
Ordinance Chapter 104.
The changes include:
1) Identification of the Superintendent of Public Works as
the City Forester.
2) Identification of the City Manager as the Director and
Controller of the program.
3) We have extended the response date for tree removal from
ten (10) to thirty (30) days.
4) We have allowed the property owner to have a private
diseased tree removed and assessed to the property for
a period of five (5) years.
5) We have defined a boulevard tree within the street right-
of-way.
6) We have identified the City's responsibility for removal
of boulevard trees and the replacement of bare root trees
on the owner's property.
Recommend the Council consider these changes and approve the
amendment to Chapter 104 of our City Code.
JGF/ts
Attachments
•, .
•
�
1A
. •.� � ►• �� .
1�iN Cff2DII�CE I�YIlx' '�lE F�L�� Q'i'Y CnIE� �
104 , fl�lTITiID "'II� D�SFA4.'" BY � QiAFI�R TD
"DLS�SED �" At�ID SY A1�iDIl� SF]G'Fl�lS 104 . 02 .,
104.04., 104.06., 104.08., AND 104.09.
Ziie City �il of the City of Fridley does here.by on�ain as follaws:
104.02. F�I'IIt P06ITICN �'A�
Zhe pa�xs ar�d duties of the City Forester as set forth in this Q�aptex are
hereby confexred upon the S'�iperinte.r�de.nt of Public Works arid all designated
representatives. It is the duty of the Forester to 000rdinate urider the
direc�tion and oontrol of the City Manager all activities of the City relating
to the c�ntrol ar�d prever►tion of tree diseases . Zhe Forester shall reo�
to the City Manager the details of the program for the ooritrol of tree diseases
ana Perform tne auties incident to such a proqram adantsd by the City C�auncil.
io4. 04. rurr.sAxc�s ��
4. Ariy dead Oak tree, or part thexeof, including logs, branches, sttmq�s,
firewood, or other oak material which has nat been debarked or free of hazard
as determined by the Forester.
5. Any diseased tree, dead tree, or part thereof, inclwdirig logs, branches,
sttm�,�s� fir��n�od, or other ��oden material which has been determined �.] t
a condition which endai�gexs the safety or health of the public and}t��C�t�been
tre.ated accordirig to the prnscription of the City Forester. /�
104.06. Il�VIIJIC�Y, Il�SPDCIrICN AI�ID Il�`IZGATICN
1. The Forester or age.nt thex+eof may in.spec�t all pre�mi.ses ar�d plaoes within
the City as often as dee��ed apprapriate to dletermine whether ariy oorydition
described in either Sectio�n 104.04 or 104.05 of this Ct�apt�r exists thereon.
Zhe Forester shall irnestigate all report:ed it�cidents of diseased trees.
104.08. P�C�JRFS FCfft �TAL OF Il�'�C� �'S Cfft Wt�OI�
1. If the infect:ed tree is located on private PrdpextY, the Forester shall ser�d
a written notificatiaaz and prescriptio� to the cywr�er of said property. It shall
be the abligation of the propexty owner to carry aut the prescribed abatement
prooedure(s) within thiYty (30) days fran the date of x�eoeipt of the
ryotification unless a written varianoe is granted by the Forester. If the vwner
requests the City or fails to follaw the prescription within the desic�ated t�m�e
period, the Forester shall natify the property awner by mail that the city will
oontract for the abatEmerit of the public rruisanae, namely the diseased or c�ead
tree aryd/or w�od in questian. Zhe Forester shall then pznoe�ed to oontract for
the prer�cribed abate�nent pYOOedurn.s as soon as possible ar�d shall r+�port to the
City Clerk all charges resultirig frcan the abatement prooadures carried out on
such private praperty. Zhe City C1erk shall list all such d�arges a].ong with
a City Achninistrative oost against each separate lat or paroel by September 15
of each year as special assessments to be collected oa�ing with the
followiryg year's taxes. A�ainistrative oosts of $25.00 for each lot of paroel
shall be added to each assessmetzt.
i
oz"'" � � .
� 1� � �,�" a�
Page 2 - Ordiz�anoe No. �p
2. In the of baulevazd tree�, defined as a tree grvwir�g within a street
ric�t-of�wa�natioes will be mailed to the vwner of the abuttir�g propeYty as
-previously described in Sectio� 104.08.01. Hvw�ever, the City shall abate any
diseased bonilevard tree at no oost to the px�aperty cr�mer. If tl�e proQerty awner
d�sires, the City will replaoe the tree with a bare root selectian oai the awners
prapexty in the vicinity of the re��oved tree.
� �_ �:. ::,�r.;:� ;����:;��.
Zhe Forester shall k�eep aocurate Y�eooxds of the Shade Z�ree Disease C�ontrol
Program ar�d suh�nit ariy required reports to the Minnesota Ocsrnnissioner of �
Agriculture.
PASSID AND ADOPI'ED BY ZHE CT'!'Y OOiJNCIL OF Zi� CI'I'Y OF FRID?�Y 'I�IIS DAY OF
, 1989
�
n- r• w M �-
First Reading:
Secor�d Reading:
Publication:
August 28, 1989
WIId.�IAM J. NEE - MAYOR
�J
r �
�
ORDINANCL NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 603, $NTITLED "INT08ICATING
LIQIIOR��, BY AMENDING SECTION 603.11.1, HOIIRS
OF OPERATION
The City Council of the City of Fridley, Anoka County, Minnesota,
does hereby ordain as follows:
603.11. HOURS OF OPERATION
1. No sale of intoxicating liquor shall be made between the hours
of 1:00 a.m. and 10:00 a.m. on Sunday, nor between 1:00 a.m. and
8:00 a.m on Mondays. No sale shall be made between the hours of
1:00 a.m. and 8:00 a.m. on days Monday through Saturday. No sale
shall be made after 8:00 p.m. on December 24, on Christmas Day,
December 25 or Thanksgiving Day.
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
First Reading: September 11, 1989
Second Reading
Publication:
3
4
oxni�n►xca �o.
AN ORDINANCB itBCODIFYING THE 1rRIDLEY CITY
CODE, CH�PTER 605, ENTITLED ��ZNTOZICl�TING
LIQUOR -- CLIIBB�� BY 71IdENDING BECTION 605.13.1,
605.13.2, REBTRICTIONB
The City Council of the city of Fridley, Anoka county,Minnesota,
� does hereby ordain as follows:
605.13 RESTRICTIONS
l. No license or other person shall consume or display or allow
consumption or display of intoxicating liquor between the hours of
1:00 a.m. and 10:00 a.m. on Sunday nor between the hours of 1:00
a.m. and 8:00 a.m. on Mondays.
2. No sale shall be made between the hours of 1:00 a.m. and 8:00
a.m. on any weekday, Monday through Saturday inclusive. No sale
shall be made on December 24 after 8:00 p.m., on Christmas Day, �
December 25 and Thanksgiving Day. All licensees shall be closed
to the public starting not later than 1:30 a.m. until the time
herein provided as permissible for sales, consumption or display.
No person other than employee shall be permitted within such
establ�shments during the closed periods.
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 CI.ERK
First Reading: September 11, 1989
Second Reading:
Publications:
oxDirn�xc$ xo.
!1N ORDINANCB RECODIFYING THS FRIDLEY CITY
CODE, CHAPT$R 606� BNTITLED �'ZNTO%ICATING
LIQIIORB, CONGRE88IONALLY CHARTERED VETERANB�
ORGANIZATZONB�� BY llMBNDZNG SECTION 606.11.1,
80IIR6 OF OPERATION
The City Council of the city of Fridley, Anoka County, Minnesota,
does hereby ordain as follows:
606.11. HOURS OF OPERATION
1. No sale of intoxicating liquor shall be made between the hours
of 1:00 a.m. and 10:00 a.m. on Sunday, nor between 1:00 a.m. and
8:00 a.m. on Mondays. No sale shall be made between the hours of
1:00 a.m. and 8:00 a.m on days Monday through Saturday. No sale
shall be made after 8:00 p.m. on December 24., on Christmas Day,
December 25 and Thanksgiving Day.
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
First Reading: September 11, 1989
Second Reading:
Publication:
5
�
CITY OF FRIDLEY
�:� . • � �
TO: William Burns, City Manager
FROM: Steven Billings, Ward One
RE: Item For The Council Agenda of Sept. 18, 1989
DATE: September 14, 1989
0
Please add an item to the agenda under new business for the
receipt of two proposed changes to the City Code.
One will deal with Chapter 6. Commissions.
The second will deal with changes to various sections relative to
the percentage of ground cover allowed in commercial and
industrial zones. � �S
y�� �
A� �2�
��
�
It is my ' tent o have b items a' able ' time be
inser in e agend acket. ever, ' I do hav he
in ati comple , it wi e avai le at e me ing on
nday ght.
As was the case with the last proposed change that I submitted,
the only action that I will be requesting is the receipt of the
changes, and their referral to staff for review and processing.
PROPOSED CS71NGE8 TO CHI+PTER 6. CO1�II�ISSIONB 6A
BECTIOId 6.01 COI�IIdI88ION TITLES
Delete-- " 6. Energy Commission"
Delete-- " 3. Environmental Quality Commissionp
Add----- " 3. Environmental Quality & Enerqy Commission"
SECTION 6.03 PLANNING COMMISSION
� PARAGRAPH 4. A.
Delete-- " the chairperson of the Energy Commission"
Add in lieu thereof--" two (2) Members-At-Large"
Delete-- " the chairperson of the Environmental Quality
Commission"
Add in lieu thereof--" the chairperson of the
Environmental Quality & Energy Commission"
PARAGRAPH 4. B.
Delete the existing paragraph in its' entirety and
substitute the following:
B. The chairperson of the Planning Commission and the
two (2) Members-At Large shall be appointed by the City
Council to serve for three year terms as voting members
of the commission. The City Council shall stagger the
appointments so that no more than one (1) of these
appointments shall expire in any one (1) year. Nothing
herein shall prohibit any of these three Planning
Commission members from serving on other commissions,
however, none of these three shall be elected as
chairperson or vice-chairperson of the member
commissions.
B$CTION 6.08 $NERGY CO1rIIrII88ION
Delete in its' entirety.
BECTION 6.05 BNVIRONMENTl�L QIIALITY COlrII+II88ION
Delete in its' entirety and substitute the attached
language:
�•1 -,
6.08 Environmental Quality and Energy Co�nmission
1. Purpose.
The Environmental Quality and Energy Commission is established to stimulate
interest in and to promote an axareness of Environmental and Energy concerns
among citizens and businesses of the City of Fridley; to serve as a resource to
the City in the conservation and management of energy and the environment, in-
cluding information on evironmental problems, laxs, policies and regulations
c,f the County, metropolitan� State and Federal levels to the extent of their
effect on Fridley; and to advise the City Council, the City Manager and other
appropriate City Commissions on matters pertaining to conservation and manage-
ment of energy and the environment, including the review and recommendation
of programs and policies within the City.
2. Scope
A. The Environmental Quality and Energy Commission shall act as an advisory
commission to the Planning Commission for continuous community planning and
development of the comprehensive City goals and policies. Any change in
related community planning and comprehensive City goals and policies must be
reviewed by the Planning Commission r+ho r+ill then make recommendations to the
City Council.
B. The Environmental Quality snd Energy Commission shall advise the City
Council, after a policy revieW by the Planning Co�nission, in the develop-
ment of programs to give increased effectiveness and direction in implement-
ing established City goals and policies, and recommend actions as needed
relevant to the conservation and management of environmental and energy
resources.
sc
PROPOSED CHANGES TO THE ZONING CODE
The following code sections shall be amended:
205.13.3.B.
205.14.3.B.
205.15.3.B.
205.16.3.C.
205.17.3.C.
205.1B.3.C.
(C-1)
(C-2)
(C-3).
(CR-1)
(M-1)
(M-2)
by adding the following language:
(4) The above maximum lot coverages in (1) may be increased
by ten percent (10�) of the lot size with a special use
permit.
7
CITY OF FRIDLEY
►
I�IEMORANDIII�t
MEMO TO: 1PILLIAM W. HIIRNB, CITY 1�LANliGER, AND
CZTY COIINCIL
FROM: RICHARD D. PRIBYL, FINANCE DZRECTOR
BIIBJECT: RESOLIITION SPLITTING BPECIAL ll88ES8MENTS
FOR THE SEPTEMBER 18, 1989 ]►GENDA
DATE: BEPTEMBER 5� 1989
We are presenting the attached resolution to the Council to comply
with the legal requirements regarding the splitting of special
assessments. The property involved is Section 12, SE 1/4, Parcel
7210, (also known as Onan Corporation). The Fridley City Council
officially approved the request for Registered Land Survey No. 114
Tracts A, B, C, & D, P.S. #88 - O1, on December 19, 1988 by
Resolution No. 111 - 1988.
RP/ms
RE80LIITION NO. - 1989
A RESOLIITION 11IITHORIZIIdG �ND DIRECTII�iG THE
BPLITTZNG OF BPECZ!►L I188ESSMEIdTB ON: BECTIOId 12,
Pl�RT OF SE 1/4, P]�iRCEL 7210 (PIId DT0.12-30-24-41-0001)
1IHEREAB, certain special assessments have been levied with respect
to certain land and said land has subsequently been subdivided.
iTOW, THEREFORE, BE IT RESOLVED as follows:
That the assessments levied against the following described parcel,
to-wit: Section 12, Part of SE 1/4, Parcel 7210, may and shall be
apportioned and divided and replatted as follows:
i
Oriqinal Parcel FuAd OricLiaal limount
Section 12
Parcel 7210
Pin No. 12-30-24-41-0001
New Parcels
Reg SA (SM�
W#34 (WM&L)
S#24 (SM)
SW#48-A (SL)
SS#24 (SS)
SS#88 (SS)
ST 1968-2B (ST)
ST 1968-3 (ST)
1980 Serv Conn (SM)
ST 1981-2 (ST)
ST 1984-2 (ST)
Registered Land Survey No.114 Reg SA (SM)
Tract C W#24 (WM&L)
Pin No. 12-30-247-41-0002 S#24 (SM)
SW#48-A (SL)
SS#24 (SS)
SS#88 (SS)
ST 1968-2B (ST)
ST 1968-3 (ST)
1980 Serv Conn (SM)
ST 1981-2 (ST)
ST 1984-2 (ST)
Paid
Paid
Paid
Paid
Paid
Paid
Paid
Paid
$10,868.00
$ 9,966.00
528,990.00
$49,824.00
Paid
Paid
Paid
Pa id
Pa id
Paid
Paid
Paid
$10,868.00
$ 9,966.00
�28,990.00
$49,824.00
PASSED liND l�DOPTED BY THE CZTY COIINCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1989
wILLIl1M J. NEE - IiAYOR
�iTTEST :
BHIRLEY Pi. Hl�APALA - CITY CLBRIC
7A
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REGISTERED LAND SURVEY NO. 114
ANOKA COUNTY , M�NNESOT A �
-- N�L��--
i� IyoRrM L�.0 of SE y�, Sec. 12,T. 3�, R.24 ��
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0
CITY OF FRIDLEY
M E M O R A N D U M
TO: WILLIAM W. BURNS
FROM: RICHARD D. PRIBYL AND WILLIAM A. CHAMPA
SUBJECT: CENTRAL FILE SUPPLIES
DATE: SEPTEMBER 14, 1989
No bidder met the entire specifications for Central File Supplies,
however, two bidders met certain components detailed in the
specifications. Please see the attached Bid Sheet. Section 1.06
of the specifications states that "The City reserves the option to
accept all or part of any bid." Based on this statement, we
recommend that the City award the bid for file folders to Mid-
America for $6573.81. We recommend that we award the bid for
labels to Wright-Line for $1831. The entire cost for supplies
would be $8404.81.
: `
1. Wahl & Wahl
($6,716.00)
2. Haldeman-Homme
($8196.22)
B I D S H E E T
Does not meet file folder (3.01) or label
(3.03) specification.
Does not meet file folder (3.01) or label
(3.03) specification.
3. Creative StoraQe
($11,665.52) Does not meet file folder (3.01) or label
(3.03) specification.
4. Mid-America Meets specification for folders but not for
labels (3.03).
5. Wriqht-Line Does not meet file folder specification (3.01)
but meets specification for labels.
�
�
cinroF
F���
DATE:
TO:
FROM:
SUBJECT:
COl1/IMUNITY DEVELOPMENT
DEPARTMENT'
MEMORANDUM
September 14, 1989
William Burns, City Manager
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Coordinator
Public Hearing for Vacation, SAV �89-04, David
Larson
The Planning Commission voted unanimously to recommend approval to
the City Council of the request, SAV �89-04 by David Larson, to
vacate 27 feet of a drainage and utility easement. In order to
expedite the vacation process to allow Mr. Larson to begin
construction this fall, Mr. Larson has requested that staff attempt
to shorten the process. Staff recommends that the City Council set
the public hearing and have the first reading of the ordinance
vacating the drainage and utility easement for ctober 2, 1989.
I�I/dn
M-89-601
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CZTY Ot litSDLEY
�ppE]1L8 001Q[Z68IOlT YEETZ�G, SEPTEI�LBER S, il89
-------------------------------------------------••--------------
ti� •;�
Chairperson Barna called the September 5, 1989, ]�ppeals
seeting to order at 7:45 p.m. /
:• �
Members Present:
I+Iembers P►bsent :
Alex Barna, Diane Savage,
Renneth Vos, Jerry
Kuechle
ssion
Others Present: Barbara Dacy, Plann�ng Coordinator
O�'�' ille and Jeannine Sachs, 1281 Hathaway Lane
J�ames and Beve��y Wolfe, 1265 Hathaway Lane
Bill and Janice Driqans, 1280 Hathaway Lane
Kenneth Irlur�shy, Fridley A2ano Society
Ben Ewers,'5680 Matterhorn Drive
(See attached roster for names of people
who appeared for variance request, VAR �89-
18 py Wayne Dahl) �
O ON by Mr. Kuechle, seconded by Ms. Savage, to approve the
Auqust 22, 9, Appeals Commission a�inutes as written.
IIPON ]1 V CE VOTE, 71LL VOTZI�IG 71Y8, CSJ►ZRPERBOit B�RNli1 DECI.�IRED THE
�[OTION ZED IINANZI�IOIISLY.
Mr. arna stated that item #1, VAR #89-18, by Wayne Dahl, would be
n ed to the end of the aqenda. �
1. i�NSIDERATION OF �i VARIANCE VAR #89 19 BY ORVILLE fiND JEANINE
�ACHS:
1. Pursuant to Section 205.07.03.D.(2j of the Fridley City
Code to reduce the required iront yard setback from 35
feet tc 12 feet;
2. Pursuant to Section 205.07.03.D.(2).(a) of the Fridley
City Code to reduce the required side yard setback from
10 feet to 9.1 feet;
10
10A
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3. Pursuant to Section 205.07.03.D.(2j.(b) oi the Fridley
City Code to reduce the required side yard setback for
an attached accessory use irom 5 teet to 1�oot,
To allow the construction of a double car qarage on Lot 8,
Block 1, Parkview Oaks First 1ldditfon, the aame being 1281
Aathaway Lane N.E.
MOTION by I�Is. Savage, seconded by Kr. 1Cuechle, to open the public
hearinq.
IIPON 71 VOZCE VOTE � 71LL oOTZ�iG 71YE � CH7IIRPER80�T �11RNA DECI.�IRED TSE
PIIBLIC BEARZIda OBE�1 71T 7 i �8 p.1[.
Ms. Dacy stated the property is zoned R-1, Single Family Dwelling,
and is located at the�end of Hathaway Lane. Outlot C separates the
subject property from{ Matterhorn Drive.
Ms. Dacy stated the petitioner is requesting three variances in
order to construct a 24 ft. by 24 ft. garage in front of their
existing home.
Ms. Dacy stated ctaff outlined other options for the petitioner
and the City to consider in lieu of qrantinq this variance since
the variance request tepresents a�iqnificant encroachment into the
front yard. The front yard setback of all the setbacks fs
typically held more fmportant in order to �aintain adequate space
between the street and a structure, and to provide adequate area
for off-street parkinq, and to provide a vieual �ite distance for
adjacent properties.
Ms. Dacy stated staff looked at three other options:
1. To build a detached qarage at ti�
construct a new driveway alonq the
Because of the vegetation and the
cption was not feasible.
e rear of the lot, and
western part of the lot.
qrade of the lot, this
2. To add on to the back of the existinq qarage toward the rear
of the lot. Staff underetands that the petitioner's dining
room is in back of the qarage, and it would aean considerable
aore remodelinq expense; Dowever, in the eyes of the
ordinance, it is atill an option.
3. To utilize the City property to the east. The property
aeasures approximately 7,993 sq. !t. This is belov the square
ioctage for a buildable lot. The City retained the lot in
order to aaintain the deadend turn-around ior Hathaway Lane.
Given the property is unbuildable because of lot area and the
alope on the property, staff felt it aight be prudent to go
throuqh the sale of excess property process and have the
10B
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Council evaluate whether or not to convey a portion or all of
the outlot to the Sachs. Thia prxess usually sntail� a two-
sonth perfod and a public bearing before the Council before
final determination. The petitioner would be rasponsible for
relocatinq electric, telephone, and cable lines that now run
along the eastern property line. If the petitioners were to
receive a portion of Outlot, they would have to relocate those
lines probably toward tAe sast. llz. McPherson met with an NSP
representative on �ite last Friday. Ne was to have an
estimate available for this aeeting, but did not do co.
Ms. Dacy stated staff'e recommendation on the three variances is
as fol2ows:
l. Approval of the side yard variance from 10 feet to 9.1 feet
for living space area along the cide lot line.
2. Denial of the front yard cetback from 35 feet to 9 feet and
the side yard setback from 5 feet to 1 foot, based on the fact
that the sale of excess property option fs available as well
as the option to expand to the rear.
Ms. Dacy stated if the �ppeals Commission recommends approval to
the Council, staff recommends three stipulations:
1. approval of the variances pendinq approval of the vacation of
the drainaqe and utility �asement.
2. A qrading and drainage plan be cubmitted for approval by City
staff.
3. The addition shall be architecturally compatible with the
existinq house.
Ms. Savage asked if there were some trees on Outlot C that would
have to be cut down in order to construct the garage.
Iis . Jeannine Sachs stated there were three aature Oak trees and one
Cottonwood tree that would have to be cut aown fn order to provide
access for emerqency vehicles such as a fire truck. The trees are
placed in such a way that they would all have to be cut down.
Mr. Orville Sachs stated De is not interested in buyinq sore
property in order to build a qarage. Zt vas his understandinq that
in order to purchase the property, it would bave to qo out ior bids
and vho knows what the price vould be.
llr. Barna atated he thouqht bids were necessary only on tax forfeit
properties. Since this property has been uaintain�d a� an outlot
and bas not been tax forfeit, be believed the City can sell the
10C
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property directly to an individual. This would have to be
confirmed by legal counsel.
l�is. Sachs stated that she vas told by Ms. Dacy that the ainimum
value was $5,700 with taxes of S142 a year, uni�proved.
llr. Sachs stated that in addition to that cost would be the moving
of the overhead power lfnes. It is just too expensive.
Mr. Bill Driqans, 1280 8athaway Lene, stated they live directly
across from Mr. and lirs. Sachs. His understanding of the outlot
is that it continues from the back of the Sachs' lot all the way
across Hathaway Lane adjoininq the Ewers' property (5680 Matterhorn
Drive). He believed the $5,700 cost was for the entire outlot.
Ms . Dacy stated the City l�ssessor looked at the outlot north of
what they would convey to reserve a riqht-of-way. If they added
that full extra lenqth, which could be 60-80 feet, the value of
that piece alone is $5,700 and added on to the Sachs' existing
value could result in an increase of S150 a year in taxes. Throuqh
the excess property process, the City Council can determine whether
they want to convey all of the outlot or part of it, depending on
what the Sachs wanted.
Mr. Drigans stated his property has a very steep driveway. In the
wintertime when it fs icy, they have literally slid aczoss the
street fnto the Sachs' driveway. They have taken out a�ailboxes
across the street, their nailbox, and a hedge.
Mr. Drigans stated when he served on the Appeals Commission and
Planning Commission, they looked very hard at front yard variances,
and he is sure the City still does when there are other options
available. Since there are other options, he is opposed to the
front yard variance. He felt the Sachs should seriously look at
the outlot as a solution.
Mr. Sachs stated their house is a repossessed V.�►. house. It was
their understandinq at the time that the house was built to Code
with the proper setbacks. iilhen they looked at the possibility of
buildinq a qarage after one winter, they had a �urveyor survey the
property, and that is when they diBCOVered the house tras not built
to Code.
Kr. Sachs stated when they lirst purchased the bouse, they had
aeked if the outlot was for sale, and tt�ey were told by 4omeone et
City Hall that the property tra6 not for sale and that it was
unbuildable piece of property.
Iir. Sachs stated the proposed qaraqe is not gofnq to be the same
heiqht as the house. It is goinq to be down into the hill, so the
garage will not stick out up in the air. Since there is no one on
1 ��
.. � _ . �_ _ � � _ ,�. � -
��t-_
the other side of them, ee aia not ltnow vhy anyone vould object to
this proposal.
l�[s. Savaqe asked what the petftioners thouqht ot tAe options
suqqested by staff.
l�Ir. 6achs stated a couple of the options are really not viable
options. There is also another 5 foot drop on the other �ide of
the property. In the back yard is another 8 foot drop. So, he
would have to drfve uphill out of his back yard. Why would he want
to buy some property that would just increase his taxes? This is
not the first proposal of this type. It has been done fn Fridley
before, and it was a for a iront yard setback in the �fddle of e
block.
Ms. Sachs stated about three years ago a front yard variance for
a qarage similar to theirs was qranted to 1333 Hillvind Road.
Ks. Savage asked Mr. Sachs' response to Mr. Driqans' concern about
sliding across the street into the Sachs' driveway.
Mr. Sachs stated he did not think that was his problem. Mr.
Drigans could correct that problem. If the neiqhbor slides down
the hill and hits his car, it did not matter whether the car is
parked at the end of the driveway or up by the qarage.
Kr. Driqans stated their home is hiqher ttian the Sachs' home. From
their kitchen and living room, they look down at the Sachs'
property on a daily basis. His main objection was the tront yard
variance. Visually, the qarage will just be too close to the
street.
Ks. Dacy stated the variance referred at 1333 Hillwind was variance
request, VAR �86-18, by Gary and Sharon Parker, to reduce the front
yard setback from 35 feet to 28.5 feet and to reduce the aide yard
setback from 5 feet to 1 foot to allow the construction�of an
attached accessory building.
I�Ir. Sachs �tated he vas just not interested in purchasing any
additional property. He stated he was tryinq to i�prove his
property and correct his problem, and this ie the a�ost affordable
option for him.
![r. Driqans Btated ttie Sachs work hard to �aintain their property.
8e stated they are also aaintafninq a considerable portion of the
outlot which is unbuildable. The Sachs are tryinq to iaprove their
property, and he did not see why the City could not sell the Sachs
a portion of the property for a�mall aonetary aaount. It could
be a trade-off !or the Sachs saintafninq a portion of the outlot.
It just seemed there are �olutions that are not beinq di6cussed.
10E
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1�tr. Barna agreed with Mr. Drigans, but stated this is aomething
that fs definitely up to the City Council to decide.
lir. James wolfe, 1265 Hathaway Lane, stated he lives right next
door to tt�e Sachs . He stated he has no ob j eetion to the Sachs
building the qazage. He stated no satter where the Sachs build the
qarage, there fs still goinq to be the hazard of the neiqhbor
directly across the street sliding across the �treet in the
wf ntertime .
Ms. Jan Driqans stated che can understand that their driveway is
not the Sachs' problem. Her aain concern is visual. Coming out
eo far from the house toward the curb is goinq to be a qreat
inconsistency with the other houses fn the nefghborhood. The City
has defined the front yard setback as 35 feet, and any
inconsistency in that front yard setback impacts a neighborhood.
MOTION by Ms. Ruechle, seconded by Ms. Savage, to close the public
hearing.
QPON !1 VOZCE VOTE, �LL VOTI�IG 71YS, CS]►IRPSRBOiT B71RN7�► DECI.�RED THE
PQBLIC HEARI1dG CLOSED 71T Y:30 B.M.
I�is. Savage ctated this fs the most difficult front yard variance
they have had to deal with. She assumed the Sachs have a need for
a double car garage. There 6eems to be a lot of problems with the
options. She thought this is a unique lot in thnt it would be very
difficult to expand in the back yard because of the steep hill.
They are on the end of a lot which does reduce the problem of the
sight line. She is not too concerned about the problem of the
neighbor's driveway, but she is concerned about the neighbors�
difficulty with the visual aspect of the qaraqe being fairly close
to the street. However, she did think the plans as presented by
the Sachs 6eemed very nice. She just did not see any 4olutions to
the problems involved.
Mr. Ruechle stated he liked the desiqn. It would be attractive;
however, he is very concerned about encroachinq 23 feet into the
front yard. 8e is not totally �atisfied that the possfbility of
building to the �ide had been completely explored. It would ceem
that somethinq could be worked out with the Cfty. The trees are
another problem that is difficult to resolve at this time. Because
there are so �any unanswered questions, he would not be in favor
of the variance request. He would suqgest the petitioner explore
a little sore carefully trith the City the possibility of buying
part of the outlot and vhat t2ie price would be.
![r. Barna stated he �ympathized with the Sachs and the neighbors.
He has been on the �ippeals Commission for 12 years and they have
never allowed a front yard setback to this deqree under these
circumstances. There really Das to be an established hardship
10F
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. ��-_
�bere there are no other alternatives. 8e stated he iQ not opposed
to the side yard varfance, but he is opposed to the tront yard
variance.
�Q�t by lir. Ruechle, seconded by I�is. Savage, to r�co�end to City
Council approval oi variance, V1�iR #89-19, by Orville and Jeanine
Bachs, pursuant to Sectfon 205.07.03.D.(2).(a) of the Fridley City
Code to reduce the required side yard setback trom 10 feet to 9.1
feet, to allow the construction of a double car qaraqe on Lot 8,
Hlock 1, Parkview Oaks First Addition, the �ame beinq 1281 Hathaway
Lane N.E.
IIPON � VOICS VOTE, 71LL VOTI�TG �YE, C871ZRBER80N B11RN1�► DECL�IRED TSE
1[OTIOI�I Cl1RRZED D!T!►NZMOIIBLY.
MOTION by Mr. Ruechle, seconded by Ms. Savage, to recommend to City
council denia2 of variance, VAR #89-19, by Orville and Jeanine
Sachs:
1. Pursuant to Section 205.07.03.D.(1) of the Fridley City
Code to reduce the required front yard setback from 35
feet to 9.2 feet;
2. Pursuant to Section 205.07.03.D.(2).(b) of the Fridley
City Code to reduce the required side yard aetback for
an attached accessory use from 5 feet to 1 foot;
To allow the construction of a double car garage on Lot 8, Block
1, Parkview Oaks Firct Addition, the aame being 1281 Hathaway I,ane
N.E., with the recommendation that the petitioner pursue the
possibility of acquiring all or part of Outlot C from the City.
IIPON ]1 VOICE VOTE, !LL VOTZ'iG �TE, C1UIIRPSR80�T DJIRNA DECI+�IRL'D THE
�tOTIO�i C7IRRZED UNl�TZMOOBLY.
2. NS DERATION V S v y-
j�LANO SOCIETY:
Per Section 205.14.05.D. 5).(a) of the Fridley City Code to
reduce the setback for all arkinq and hard �urface areas from
20 feet from any street r ht-of-way to 9 ieet, on Lots 18
throuqh 24, Block 13, Ben ett Palmer l�ddition, qenerally
located directly north of th former Zantiqo Restaurant.
MOTION by I�Is. Savaqe, seconded by !ir 1Cuechle, to open the public
Dearing.
vpo�r � voica vo�ra, ai.i, vo�rsna a�rs, c� sRSO� s�n► oac�D rsE
�QSLIC 8EJ►RI�iG OPEI�T �T t: �S p.Y.
iss. Dacy �tated this property is lxated jus�outh o! 60th l�venue,
east of Oniversity �►venue. Tbe Dniversity �iv ue 6ervice Road runs
�
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unroF
F�a�
DATE:
TO:
FROM:
BIIBJECT:
C011/LMUNITY DEVELOPMENT
DEPART'MENT
MEMORANDUM
September 11, 1989
William Burns, City Manager
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planninq Assistant
Variance Request, VAR #89-19, by Orville Sachs
The Appeals Commission voted unanimously to recommend approval of
part of the variance request, VAR �89-19. The Commission
recommended approval of the variance to reduce the side yard
setback from 10 feet to 9.1 feet to allow an existing encroachment.
However, the Commission voted unanimously to deny the variances
reducing the front yard setback from 35 feet to 9.2 feet and
reducing the side yard setback for an accessory use from 5 feet to
1 foot to construct an attached two-car garage. The petitioner has
other alternatives, includinq purchasing all or a portion of the
City-owned Outlot C located to the east of the subject property,
to meet Code.
Staff recommends that the City Council concur with the Appeals
Commission recommendations.
1�II�I :1 s
M-89-551
a
10H
�
� STAFF REP�JRT
A��$ �A�: September 5, 1989
CITY OF ���c oorNurss�oni DA-rE
FiiiDLEY CRY OOl�1qL DATE September �8, 1989 �� �-
REQUEST
PERMIT I�IJMBER
� APPLICANT
PROPOSEO REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
� Z�
��$
PARK DEDICATION
ANALYSIS
FxVANCIAL NNPLlCATIONS
CONFORMANCE TO
Ci�1l���/E �%W
COMPATBILITY WRN
ADJACENT USES & ZONNG
ENV�iONMENTAL
CONSIDERATION.S
STAFF RECOMMEPIDATION
APPEALS RECOMMENDATION
PLA�UVWG COMMISSION
RECONNAENOATION
VAR 4i89-19
Orville Sachs
See public hearing notice
1281 Hathaway Lane N.E.
Proposed garage addition - 24' x 24'
N/A
R-1, Single Family Dwelling
R-I to the north, wesC and south; vacant lot to the east
zoned R-1
N/A
N/A
N/A
Yes
Yes
N/A
Denial
Denial
101
Staff Report
VAR #89-19, Orville Sachs
Page 2
A. PUBLIC PURPOSES SERVED BY REQUIREMENT:
Section 205.07.03.D.(1) requires a 35 foot front yard setback.
Public purpose served by this requirement is to preserve open
space, allow adequate sight lines and to allow for off-street
parking areas.
Section 205.07.03.D.(2).(a) requires a 10 foot side yard
setback for a living space from the side property line.
Public purpose served by this requirement is to ensure that
an overcrowded condition does not exist and to preserve access
to the rear yard for emergency vehicles.
Section 205.07.03.B.(2).(b) requires a 5 foot side yard
setback for an attached accessory use to the side property
line.
Public purpose served by this requirement is to ensure
adequate separation between structures to prevent fire
spreading and to provide adequate space to allow emergency
equipment to have access to the rear yard.
B. STATED HARDSHIP:
"We purchased this house in 1988. Our house is six feet from
the property line and has only a single garage. Our realtor
told us it was 12 feet. We cannot expand enough on our
present garage to make a double garage."
C. ADMINISTRATIVE STAFF REVIEW:
Request
Mr. Orville Sachs is requesting three variances which would allow
him to construct a 24' x 24' attached garage in the front yard on
Lot 8, Block 1, Parkview Oaks First Addition, the same being 1281
Hathaway Lane N.E.
Site
The site is a single family lot at the end of Hathaway Lane, which
is a dead-end street. The site has a somewhat rolling topography
with a steep driveway and to the east of the site is a vacant lot
that is currently owned by the City. The petitioner is proposing
to excavate the slope in front of the existing garage to allow for
the construction of the proposed garage.
10J
Staff Report
VAR #89-19, Orville Sachs
Page 3
•�nalysis
The proposed garage would allow for storage of several family owned
cars and would allow the Sachs' to renovate the existing qarage and
turn it into additional living space. As proposed, the garage
would encroach into a 6 foot drainage and utility easement. The
Sachs' have applied to vacate this drainage and utility easement.
The proposed garage would also encroach into the front yard in such
a way that there would not be adequate room for off-street parking
for additional cars.
The petitioner has three alternatives to the proposed addition.
The petitioner could expand to the rear of the house, using the
existing garage as a drive-through. However, the dining room for
the house is located directly behind the existing garage, and would
have to be relocated.
As was stated earlier, the City owns the vacant Outlot C to the
east of this property. This lot measures approximately 7,993
square feet. The Sachs' do have the option, if the City declares
this lot excess property, of bidding for and potentially buying
this vacant lot. Combined with their lot, this would qive them
approximately an additional 40 feet in which to expand their
existing garage. However, the excess property process (about two
months) should occur first. The Sachs' would still have to vacate
the existing drainage and utility easement, and reconvey it farther
east to accommodate the electric, telephone and cable lines that
currently run along the east property line. The Sachs' would also
have to relocate these same utility lines to fall within the newly
conveyed easement.
Their third alternative would be to construct a detached garage in
the northwest corner of their lot and move the driveway to the
western property line. This would allow space for an adequate size
two or three car garage for the Sachs' to store their vehicles and
additional tools, equipment, etc. and would allow them to use their
existing garage as living space. However, due to excessive slopes
and mature trees, staff has determined this is not a viable
alternative.
The livinq space (dining room) of the existing house currently is
9.1 feet from the property line. Staff recommends that the Appeals
Commission grant the variance to the side yard setback from 10 feet
to 9.1 feet to bring the property into compliance.
However, staff recommends that the petitioner pursue the excess
property process in order to avoid constructing the garage in the
front yard. Approving the variance would allow the front of the
garage to be 9.2 feet from the front lot line. Area for off-street
10K
Staff Report
VAR #89-19, Orville Sachs
Page 4
(outside of the vehicles in the qaraqe) parking would be
eliminated. Construction of a garage 25 feet into the front yard
setback is a significant encroachment which may establish a
precedent in other cases.
The petitioner has the advantage of beinq located at the end of the
street; however, qiven that other alternatives exist, staff
recommends further exploration of the excess property option prior
to final decision by the Appeals Commission. We understand that
the petitioner wants the Appeals Commission to decide on this
matter as they feel it is the most cost effective alternative and
less time consuming. Further, although expanding to the rear may
be more expensive (relocating the dining room), it still remains
as an option for the Appeals Commission and City Council to
consider.
Recommendation
Staff recommends the Appeals Commission deny the variance request
for the front yard setback from 35 feet to 9 feet and reduction of
the side yard from 5 feet to 1 foot. Staff recommends that the
Appeals Commission approve the variance from 10 feet to 9.1 feet
for living space to the side lot line which would bring the house
in compliance with the Code. If the Appeals Commission chooses to
approve the variance as proposed for the attached garage, the
following stipulations should be required:
1.
2.
3.
Approval of the variances pending approval of the vacation of
the drainage and utility easement.
A grading and drainage plan be submitted for approval by City
staff.
The addition shall be architecturally compatible with the
existing house.
A�peals Commission Action
The Appeals Commission voted unanimously to approve the variance
request to reduce the side yard setback from 10 feet to 9.1 feet.
The Commission voted unanimously to deny the variance requests:
1. To reduce the front yard setback from 35 feet to 9.2
feet;
2. To reduce the side yard setback from 5 feet to 1 foot.
10L
Staff Report
VAR #89-19, Orville Sachs
Page 5
Staff Update
Leon Madsen, City Assessor, calculated the amount of value the
vacant City-owned lot would add to the Sachs' property if combined
with the Sachs' property. Approximately $5,700 would be added to
their current value. At a 2.5� tax rate, the Sachs would pay an
additional $142 per year in taxes.
Staff spoke with Mr. Jim Radefeldt, representative for NSP, about
the cost for relocating the power lines. The cost for moving the
lines would be anywhere from $1,000 to $1,500.
Mr. and Mrs. Sachs have also submitted an alternative site plan
(see site plan "B") which would change the access to the garage
from the south to the west. The garage would still be in the same
location and require the same variances. However, this would allow
landscaping to be placed along the south side of the garage instead
of asphalt. The petitioners created their alternative to respond
to the homeowner's concern of visual impact from across the street.
Citv Council Recommendation
Staff recommends that the City Council approve the variance to
reduce the side yard setback from 10 feet to 9.1 feet. This will
bring the parcel into compliance with the current Zoning Code.
Staff recommends that the City Council deny the remaining two
variances which would enable the Sachs to construct their proposed
24 ft. by 24. ft. garage. The Sachs have other alternatives,
including purchasing the excess property to the east, which would
allow them to meet Code. Also included on the agenda is
consideration of estabZishing a public hearing on the sale of
excess property for Outlot C.
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LOCATION MAP
LAND SURVEYDRS, /NC.
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434 - 7646
CERTIFICATE OF SURVEY FOR: Orville Sachs
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UTYOF
FRlDLEY
DATE:
TO:
C011/LMUNITY DEVELOPMENT
DEPARTMENT
MEMOR.ANDUM
September 13, 1989
William Burns, City Manager
FROM: Jock Robertson, Community Development Director
Barbara Dacy, Planninq Coordinator
Michele McPherson, Planning Assistant
SUBJECT:
Public Hearing for Sale of Excess Property,
Outlot C, Innsbruck North Addition
Mr. and Mrs. Orville Sachs, 1281 Hathaway Lane N.E., are applying
�for several variances (VAR #89-19) in order to construct an
attached garage. One of the alternatives outlined by staff
included purchasing all or a portion of Outlot C from the City.
Staff recommends that the City Council set a public hearing date
of October 2, 1989 to determine if there are any other property
owners interested in acquiring Outlot C.
IrII�!/dn
M-89-558
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
10Q
Notice is hereby given that there will be a Public Hearing of the
Fridley City Council at the Fridley Municipal Center, 6431
University Avenue N.E. on Monday, October 2, 1989 at 7:30 p.m. for
the purpose of:
Consideration of the sale of excess public
property legally described as Outlot C,
Innsbruck North Addition, generally located
west of Matterhorn Drive N.E. and north and
east of Hathaway Lane N.E. The lot totals
7,993 square feet in area.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place.
WILLIAM J. NEE
MAYOR
Publish: September 20, 1989
September 27, 1989
Any questions related to this item may be referred to the Fridley
Community Development Department, 571-3450.
1 '
1
h• �. _ . • . �- - � �1� ±.�- � _ c .
Y__- _ -
vhete there are no other lternativas. He �tated he i� not opposed
to the side yard varian , but he is opposed to the tront yard
variance.
l�TION by rir. Ruechle, seco
Council approval of varian
6achs, pursuant to Section Z
Cocle to reduce the required
feet, to allow the construc
Block 1, Parkview Oaks First
Lane N.E.
ed by Ms. Savage, to tacos�mer►d to City
, VPiR �89-19, by Orville and Jeanine
5.07.03.D.(2).(a) of the Frfdley City
:ide yard setback irom 10 ieet to 9.1
1�on of a double car qarage on Lot 8,
idition, the iame beinq 1281 Hathaway
IIPON I► VOICE VOTE, �I+L VOTZ�TG �ZE� CBJ►ZRPERBCII 871RI1A DECL�IRED T8E
![OTION C]1RRIED IIlt71NIl�IO�SLY.
0 ON by Mr. Kuechle, seconded Ms. Savage, to recommend to City
council denial of vafiance, VAR �89-19, by Orville and Jeanine
Sachs:
1. Pursuant to Section 205. 7.03.D.(1) of the Fridley City
Code to reduce the requi ed front yard setback from 35
feet to 9.2 feet;
2. Pursuant to Section 205.0 .03.D.(2).(b) of the Fridley
City Code to reduce the re ired side yard setback for
an attached accessory use i om 5 feet to 1 foot;
To allow the construction of a double ar qarage on Lot 8, Block
1, Parkview Oaks Fizst Addition, the sa e being 1281 Hathaway Lane
N.E., with the recommendation that e petitioner pursue the
possibility of acquiring all or part of tlot C from the City.
QPON I1 VOICB oOTE, �I+L VOTZ�TG 1ZE � CSAZR�RBOiT BARNl�► DECLl1RED T8E
I[OTIOI� CIIRRIED QNDI�TIMOIIBLY. �
2. �`ONSIDERATION OF A VARIANCE REOVEST °'V�►R #89-20, BY FRIDI�7�
�I�i�►NO SOCIETY:
Per Section Z05.14.05.D.(5).(a) of the Fridley City Code to
reduce the setback for all parking and hard surface areas from
20 ieet from any street right-of-way to 9 feet, on Lots 18
throuqh 24, Block 13, Bennett Palmer Addition, qenerally
located directly north of the former Zantigo Restaurant.
MOTION by I�Is. Savage, seconded by l�l�c. Ruechle, to open the public
hearing.
QPOiT � VOICB VOTB, �LL VOTI�TG 71TE, CS71IitPBR80�T BJIR�DI DECL�IRED THE
POHLIC HEI►RI�1G OPEII �T • i �S P.1[.
ris. Dacy stated this property is located just south of 60th �ivenue,
east of Oniversity 1�►venue. The IIniversity !►venue Service Road runs
� os
.. x� _ . �- � � ��- :
along the front of the property. This sfte, as well as the
adjacent propertfes, are soned C-1, Ceneral Business District, and
abut R-1, Sinqle Family, and R-2, �iultiple Dwelling, districts on
the other side of the property on 4th Street.
!t� . pacy �tated that when the State �ade iaprovements to widen T. H.
47, they acquired the lots fn Hyde Park alonq the west side, and
apparently the Service Road in front of the subject property was
part of the original University �►venue right-of-way. I►11 of the
sstablishments on this block down to 57th �venue Dave eitAer: (1)
been using another location for the right-of-way line as the front
property line, because all the other establishments bave a 10 foot
setback rather than the 20 foot setback; or (Z) the 20 foot setback
was Bomehow overlooked or waived. Staff found no records of
variances being granted to the other establishments on this block.
Ms. Dacy ctated the �etitioner is requestinq a 10 foot variance
from 20 feet in order to park 10 feet from the front lot line.
This is consistent with the other establishments on this block.
Ms. Dacy stated this item was reviewed with the City �►ttorney.
The attorney's concern was he did not want to be recommending the
City grant variances if there was leqitimate warrant for changing
the ordinance. The noncomformities in this area appear to be an
isolated case and is not a situation to consider changing the
ordinance.
Ms. Dacy �tated staff has to recommend denial of the variance
request on the basis that the petitioner does �eet the parkinq
requirement cet forth in the Code at the 20 ioot setback.
Hs. Dacy stated the Fridley lllano Society has an option on the lots
to the north for additional parkinq. They seet the parking
requirements, but based on their �urvey of the existinq facility
at Koon Plaza, they feel �ore comfortable with additional parkinq
spaces for the new tacility. They want to 'aximize the �ite as
�uch as possible.
Kr. Barna stated he did remember discussions about a 20 ft.
variance for I�IcDonalds when the drive-through was put in and for
the Holiday Station quite a few years aqo. Zantigo was built at
the 10 ft. aetback. iThether there were actual variances or just
discussions, he was not cure.
itr. 1Cenneth riurphy stated they have recefved tremendous cooperatfon
from the City and will abide by the City'� decision.
Kr. Murphy �tated the Fridley Alano Sxiety i� an U.A. Club with
a normnl sembership of 502 dues-paying aembers. They also have a
druq proqram. They bave 1,600-2,000 people a week qo to aeetinqs.
The rew building is 7,000 sq. !t. at a cost o# 5357,000. The
l 1�1�
�• ��_ • �- - � � �'�l-±=�_ • -
building wfll be coapletely iunded by recovering alcoholics. The
only hardship he can say is that if they are short or►e parking
space, that aeans one new sember aay not be able to come to the
club. McDonalds and Zantigo are at 10 f�et. He dfd not think
Holiday has any setback. He thouqht they come riqht out to the
sidewalk. St. Nilliams Church also comes right out to the
sidewalk.
�QTION by Ms. Savaqe, seconded by I�Ir. Ruechle, to close the public
hearinq.
IIPOId 71 VOZCS VOTE, 71LL VOTI�iG 71YE, C'871IRPER80�i B7�RNA DECL�IRED THE
pIIBLZC BE�IRING CL08ED �T ! t OS P.1[.
The Commissioners looked at the aerial map showing the setbacks and
boulevard of adjacentrproperties.
Mr. Kuechle stated he is in favor of this variance since the l0
foot setback is existing for other businesses along this block.
He stated this fs the first time someone has come in to ask for
more parking than the Code requires. If there was not enough
parkinq, he would not want to see people parking on the Service
Road.
Ms. Savage agreed with lsr. Ruechle. She stated the 10 fcot setback
would conform with the other businesses in the area. She would
like staff to make sure there is a good landscape plan.
MOTION by Ms. Savage, seconded by Mr. Ruechle, to recommend to City
Council approval of variance request, VAR #89-20, by Fridley Alano
Society, pursuant to Section 205.14.05.D.(5).(a) of the Fridley
City Code to reduce the setback for all parkinq and hard aurface
areas from 20 feet from any street riqht-of-way to 9 feet, on Lots
18 throuqh 24, Block 13, Bennett Palmer l�ddition, generally located
directly north of the former Zantigo Restaurant, with the
stipulation that a landscape plan with �creening for the rear lot
lines by submitted for approval by staff. 1►t sinimum, a�ix foot
screening fence shall be constructed.
IIPOId 71 VOZCS VOTB, �I.L VOTI1iG �?E, CSAIRP8R8Cit B1�RNJ► DECI.�RED THE
YOTI02�T Cl1RRIED II�i��TZMODBLY. �
3.
�
Consideration of a variance equest, VAR #89-18, by Wayne
Dahl:
1. Pursuant to Section 205.04. 5.8.(2) of tiie tridley City
Code to reduce the side yard etback between an accessory
building and a side property ' ne from 5 ieet to 1 foot;
_!_L'1`J
�
�
UTYOF
FRlDLEY
DlITE :
TO:
FROM:
SIIBJECT:
COl1IiMUNIT'Y DEVELOPMENT
DEPART'MENT
M EMO R.AN D UM
September 12, 1989
William Burns, City Manager
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Variance Request, VAR #89-20, by the Fridley
Alano Society
The Appeals Commission voted unanimously to recommend approval of
the variance request, VAR �89-20, to reduce the required hard
surface setback from 20 feet to 10 feet. The Commission
recommended approval with the following stipulations:
1.
2.
The petitioner shall submit a landscape plan for staff
approval.
A six foot screening fence shall be constructed along he
rear property line.
Staff maintains its position and recommends that the City Council
deny the variance request on the basis that the petitioner has met
the code for parking requirements. The petitioner is planning to
add additional space in the future on the lots to the north.
However, if the City Council approves the variance request, staff
recoaimends the Council concur with the Appeals Commission action.
1rIIri :1 s
M-89-548
10V
�
� STAFF REPORT
APPEALS DATE : september 5, 1989
CI1Y OF PLAN�IG C,ON��SSION DATE
FRl DLEY C1TY OOl�1qL DATE Septer.�er 18 , 19 89 �►�oR ��=
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SlTE DATA
SIZ E
DENSITY
PRESENT ZONING
ADJACENT LAND USES
� Z�i�
�E$
PARK DEDICATlON
ANALYSlS
F'MdANCIAL N�APLiCATIONS
CONFORMANCE TO
corv���E �.�i�i
COMPATBILtTY WtTH
ADJACENT USES � Z�ONNG
£NVIRONMENTAL
GONSmERAT10N.S
STAFF REGOMMEPDATION
APPEALS RECOMMENDATION
PLANNNG COMMISSION
-REC�ONhAENDATION
VAR ��89-20
Fridley Alano Society
To reduce the required hardsurface setback from 20 feet to
]0 feet.
5925 University Avenue N.E.
N/A
N/A
C-2, General Business
C-2 to the north and south; R-2 to the east; University
Avenue to the west
On site
N/A
N/A
Yes
Yes
No
Denial
Approval
Staff Report
VAR #89-20, Fridley Alano Society
Page 2
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
B.
C.
�ow
Section 205.14.05.D.(5)(a) requires that there be a 20 foot
separation between the public right-of-way and parking lot.
Public purpose served by this requirement is to provide
adequate space for green area, landscaping and parking lot
screening.
STATED HARDSHIP:
"1. Hopefully, it will give us adequate parking.
2. To conform with the other businesses in the area.
3. Temporary relief of no curbing on the north end for
purposes of future parking."
ADMINISTRATIVE STAFF REVIEW:
Request
Ken Murphy, representative for the Fridley Alano Society, is
requesting a reduction in the required hardsurface setback from 20
feet to 10 feet on Lots 18 through 24, Block 13, Bennett-Palmer
Addition, the same being 5925 University Avenue N.E.
Site
The site is generally located north of the old Zantigo Restaurant
site in a C-2, General Business District. The lots have been
vacant for many years. There is C-2 District zoning to the north
and south; R-2 District zoning to the east; and University Avenue
runs north/south to the west of the site.
�nalysis
The proposed site plan currently has 77 parking spaces provided;
7 more than is required. If the variance were granted, the Alano
Society would receive 6 additional parking spaces. Mr. Murphy has
stated that currently the parking lot at Moon Plaza can be over-
parked and they would like to ensure that they have adequate off-
street parking for their club members. Further, he points out that
adjacent properties have a 10 foot parking setback.
Mr. Murphy has stated that the Society is potentially hoping to
purchase one or two additional lots to expand their parking
facility in the future. This may add up to 13 spaces.
The businesses along the University Avenue Service Drive have not
been granted variances to reduce the hardsurface setback
10X
Staff Report
VAR #89-20, Fridley Alano Society
Page 3
requirement to 10 feet. We cannot determine why other
establishments have 10 foot setbacks; however, we believe this area
is an isolated case. Confusion may have arisen out of the fact
that the right-of-way on the Service Drive is not centered;
therefore, there is the 15 foot boulevard and 5 foot sidewalk that
currently exists on the east side of the Service Drive.
Despite this inconsistency, the petitioner can meet the required
setback. Unfortunately, staff must recommend denial.
Recommendation
Staff recommends the Appeals Commission deny the variance request
on the basis that the petitioner meets the parking requirement set
forth in the Code. Horwever, if the Appeals Commission approves the
variance request, staff recommends that a landscape plan with
screening for the rear lot lines be submitted for approval by
staff. At minimum, a six foot screening fence shall be constructed
along the rear lot line.
Appeals Commission Action
The Appeals Commission voted unanimously to recommend approval of
the variance request, VAR #89-20, by Kenneth Murphy. The
Commission stipulated that a landscape plan be submitted for staff
approval and that a six foot screening fence shall be constructed
along the rear lot line.
City Council Recommendation
Staff recommends that the City Council deny the variance request,
VAR #89-20, by Kenneth Murphy. The petitioner meets code in
relation to the parking requirements and .has plans for future
expansion to the north.
1
10Y
N 1/2 SEC. 23, T. ;
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SITE PLAN
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UlYOF
fRIDLEY
DATE:
TO:
FROM:
SUBJECT:
C411IiMUNITY DEVELOPMENT
DEPARTMENT
MEMORANDUM
September 13, 1989
William Burns, City Manager
Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Michele McPherson, Planning Assistant
Extension of Deadlines for Outside Improvements
by Donald Dickison as Stipulated by SP #88-12
and VAR #8$-22
Attached is the request by Donald Dickison for an extension of the
completion dates for the outside improvements located at 5973 - 3rd
Street N.E. Mr. Dickison is requesting a one year extension until
September 1, 1990 to complete the curbing, parking, lot
improvements and landscaping as stipulated by SP #88-12 and VAR
#88-22• These improvements were to have been completed by
September 1, 1989.
Sections 205.05.04.G and 205.05.05.G requires the City Council to
grant such an extension.
Staff recommends that the City Council grant Mr. Dickison's
extension with the stipulation that he also extend his letter of
credit until September 1, 1990.
1�I/dn
M-89-556
11A
August 31, 1989
City Of Fridley
Civic Center
6431 University Avenue N.E.
Fridley, Minnesota 55432
Dear Michele ivlcPherson
Reference: Custom Mechanical Inc, 5973 3rd Street N.E. Fridley,
Minnesota 55432. Special Use permit, SP88-12 & Variance VAR #88-22.
I wish to apply for extension on the curbing, parking lot, landscaping,
removal of bollards until September 1, 1990.
Sincerely,
\ V�.�t.'Y'lLt-x-v'_�rl J'r�uG� r..
Donald L. Dickison
1321 26th Avenue N.W.
New Brighton, Minnesota 55112
(612) 636-3100
CITY OF FRIDLEY
CATV ADVISORY COIgII88ION 1�IEBETING� ADGDST 17, 1989
-----------------------------------------------------------------
CALL TO ORDER•
Chairperson Stouffer called the August 17, 1989, CATV Advisory
Commission meeting to order at 7:08 p.m.
ROLL CALL•
Members Present: Ralph Stouffer, Burt Weaver, Duane Peterson,
Robert Scott
Members Absent: Barbara Hughes
Others Present: Clyde Moravetz, City of Fridley
Mark Hammerstrom, Nortel Cable
Steve Billings, Council Member
APPROVAL OF JUNE 15 1989 CATV ADVISORY COMMISSION MINUTES:
MOTION by Mr. Peterson, seconded by Mr. Weaver, to approve the June
15, 1989, CATV Advisory Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BTOIIFFER DECLARED
THE MOTION CARRZED UNANIMOIISLY.
APPROVAL OF AGENDA:
MOTION by Mr. Weaver, seconded by Mr. Peterson, to approve the
agenda as written.
IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON STOIIFFER DECLARED
THE MOTION CARRIED UNANIMOIISLY.
I. NORTEL CABLE REPORTS:
A. Written July Rebuild IIpdate
Mr. Moravetz stated that since there was not a July
meeting, he had asked Mr. Hammerstrom to submit a written
report on the Rebuild.
MOTION by Mr. Peterson, seconded by Mr. Weaver, to
receive the written July Rebuild Update.
12
12A
CATV ADVISORY COMMISSION MEETING, l��GUST 17, 1989 PAGE 2
IIPON A VOZCg VOTB, ALL VOTING 71YE, CHAZRPBR80N BTOIIFF$R
DECLARED TH$ MOTION CARRIBD IINANIMOOSLY.
8. Receive 2nd Quarter 1989 Franchise Fee
MOTION by Mr. Weaver, seconded by Mr. Peterson, to
receive the 2nd Quarter 1989 Franchise Fee.
IIPON A VOICE VOTE� ALL oOTING AYE� CHAIRPERBON STOIIFFER
DECLARED THE MOTION CARRIED IINANIMODSLY.
C. Receive Current Rebuild IIpdate
D. Receive Current Operations IIpdate
Mr. Hammerstrom passed out the most recent statistics on
the physica�l plant rebuild. As the Commission members
could see, they are virtually done with the actual
construction part of the rebuild.
Mr. Hammerstrom stated they have finished up what he felt
would be the sensitive areas; and he was not aware of any
outstanding complaints at this time.
Mr. Moravetz stated part of the complaints in the
Innsbruck Townhouse area was Nortel's contractor's
problem. In other areas, the utility companies
apparently came out and marked the locations of their
utilities. Apparently the contractor hit utilities that
were not marked. He stated he had received a copy of a
complaint letter from the attorney representing the
Innsbruck Townhouse Association. He asked if Mr.
Hammerstrom had responded to the Association in writing.
Mr. Hammerstrom stated he has not�responded in writing,
but he did talk to the property manager. They have taken
care of the problems. The property manager was to notify
him if there were any additional problems, and he has not
received any notification of additional problems.
Mr. Moravetz stated he would like to see a letter from
the attorney's office saying there are no further
problems.
Mr. Hammerstrom stated when he is sure there are no
problems, he will ask for that letter.
Mr. Hammerstrom stated they are tentatively looking at
a completion date for the system to be spliced, new
channels on, Pay-per-View launched, and converters
switched out by November 1, 1989. Appropriate
notification of those changes will go out to the
12B
CATV l�DVIBORY COMMISSION MBBTZNt3. lrUt3�8T 17. 1989 PAGS 3
customers. He will have more detailed information at
another meeting.
Mr. Hammerstrom stated the hottest item right now is the
converter switch. Mr. Moravetz and Nortel Cable has
received some calls. The calls are not of the volume of
those received in Bloomington. The bulk of the calls
have come from customers who have cable-ready television
sets and also have premium channels. They have had about
20 total calls from customers who say they feel it is
unfair and that the system is not up to their likinq.
He stated there is not a qreat deal Nortel can do about
this. The system Nortel is using, for all intents and
purposes, is the same system that is used by Rogers.
Mr. Hammerstrom stated there are about 1,500 converters
in the field, so the 20 complaint calls represent only
about 1� of that total.
Mr. Moravetz stated he would like to elaborate on a few
of the complaints:
1. They already have remote boxes and why pay for what
they already have? Some have said the installers
were arrogant.
2. A customer called saying he had been charged for a
second service for several months, perhaps years.
Since the bills were confusing, he never noticed the
error. He was told by Nortel that he could be given
a credit for 30 days, but there would be no refund
for the entire time he had been overpaying.
Mr. Hammerstrom stated that is Nortel's standard policy.
He stated Nortel has refunded the customer back to the
time Nortel took over, and he was satisfied with that.
He stated this came about prior to the time Nortel took
over the cable company, so Nortel had no way of verifying
whether he had or had not been overpaying prior to that
time.
3. A customer told the installer that she did not want
a remote. Within a day or so she discovered her
remote did not work, so she called and was told that
she had to have one of the new converters � She
decided that as long as the old converter would work
for what she wanted, she wanted her old box. She
was told it would cost her $15 to have the old
converter box reinstalled. She did not think she
should be charged for something that was removed and
CATV ADVISORY COMMI88ION 1�IEBTING, llIIGIIBT 17. 1989 PAGB 4
E.
a new one installed that she did not order in the
first place.
Mr. Hammerstrom stated he thought the service charqe is
fair; however, there are extenuating circumstances. He
stated the Commission members must keep in mind that some
of the old boxes are so obsolete and some only go up to
36 channels. If someone desperately wants the old one,
they will put it back in, but unfortunately at 36
channels, they are not qoing to have access to anything
over Channel 36. In this case, they would probably make
an exception.
Mr. Stouffer stated two young installers came to his
house, and they were very friendly and conscientious and
knew their job very well.
Mr. Hammerstrom stated the installers are trained to be
persistent, because, as they found out in Bloomington,
people need to understand that they would not get Pay-
per-View and a whole litany of new channels without the
new converter.
Mr. Weaver stated he was impressed with how well the
trainers were prepared. .
Mr. Moravetz asked how many disconnects were received as
a result of the new converters.
Mr. Hammerstrom stated there were no disconnects.
Councilmember Billings stated he was contacted by a
couple of people who said they did not want to pay the
extra $3/month for the new remote control. He asked if
Basic Service was going to be scrambled at this time.
Mr. Hammerstrom stated Basic Service is not going to be
scrambled.
Councilmember Billings stated he had been under the
impression that there would be several people at this
meeting to express their feelings.
MOTION by Mr. Weaver, seconded by Mr. Peterson, to
receive the current Rebuild update and the current
Operations update.
IIPON A VOIC$ VOTE, ALL VOTING AYE, CHAIRP$RBON BTOIIFFER
DECLARED THE MOTION CARRIED IINANIMOUSLY.
ReCeive FCC Folm 325, BCbedule I
12C
12D
CATV ADVISORY CO1rII�I88ION MEETING, �QGIIST 17. 1989 PAGS 5
OM TION by Mr. Peterson, seconded by Mr. Weaver, to
receive FCC Form 325, Schedule I.
IIPON A VOIC$ VOT$, ALL VOTING AYE, CHAIRP$RSON BTOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
Mr. Moravetz stated that in the Fridley Franchise, he
believed there were a couple of reports that the City
should be receiving along with the FCC Form 325, Schedule
I. There is a 395 A reqarding Employee Practices. Also,
a report regarding the copyright situation.
Mr. Hammerstrom stated he just received a notice from
their attorney last week that the annual copyright filing
for this year is coming up, so if the City did not
receive one from last year, this year's filing should be
coming within the next couple of months. As far as the
filing for the EEO, that was filed earlier in the year.
II. FRIDLEY CABLE CONSORTIUM:
A. Receive Minutes of July 19, 1989
MOTION by Mr. Weaver, seconded by Mr. Peterson, to
receive the July 19, 1989, FCC minutes.
IIPON A VOICE VOTE, l�LL VOTING l�YE, CHAIRPERBON BTOIIFFER
DECLARED THE MOTION CARRIED IINANIMOUSLY.
III. ANOKA COUNTY COMMUNICATIONS WORKSHOP:
A. Receive Production Equipment Inventory as ot 7/05/89
Mr. Moravetz stated this was information requested by Mr.
Weaver at the last meeting. This is equipment which was
purchased by the ACCW funded with the $60,000 grant as
per the acceptance of the franchise.
Mr. Moravetz stated that immediately following the
meeting, the Commission members and Councilmember
Billings were invited to tour the access studio.
MOTION by Mr. Scott, seconded by Mr. Peterson, to receive
the Production Equipment Inventory as of 7/05/89.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
B. Iteceive Director�s Report (May-June-July)
C. Receive Director�s Report (July-Auqust)
CATV ADVISORY COMMISSION MEETING, AIIGIIST 17. 1989 PAGE 6
12E
OTION by Mr. Weaver, seconded by Mr. Scott, to receive
the May-June-July and July-August Director's Reports.
IIPON A VOICE VOTE, l�LL VOTING !�Y$, CHAIRPERSON BTOIIFFER
DECLARED THE MOTION CARRIED IINANIMOIISLY.
D. Receive 2nd Quarter Report to City
Mr. Moravetz stated the ACCW has purchased a computer.
Part of the money that went towards the computer was
donated by the Fridley Lions Club ($500).
MOTION by Mr. Weaver, seconded by Mr. Peterson, to
receive the 2nd Quarter Report to the City.
IIPON A VOICE VOTE� ALL VOTIN(3 AYE, CHAIRPERSON STOIIFFER
DECLARED THE MOTION CARAIED IINANIMOOSLY.
E. Receive April, May, June, 2nd Quarter Reports
MOTION by Mr. Scott, seconded by Mr. Weaver, to receive
the April, May, June, and 2nd Quarter Reports.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER
DECLARED THE MOTION CARRZED IINANIMOIIBLY.
F. Receive March 8, 1989, May 10, 1989, and July 19, 1989
Board Meetinq Minutes
MOTION by Mr. Weaver, seconded by Mr. Peterson, to
receive the March 8, 1989, May 10, 1989, and July 19,
1989, Board Meeting Minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON STOIIFFER
DECLARED THE MOTION CARRIED UNANIMOIIBLY.
G. Receive July Statistics
MOTION by Mr. Weaver, seconded by Mr. Scott, to receive
the July Statistics.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTOIIFFER
DECLARED THL MOTION CARRIED IINANIlrIOIIBLY.
8. Receive Organizational Chart (Personnel ldatters)
MOTION by Mr. Peterson, seconded by Mr. Weaver, to
receive the Organizational Chart.
12F
CATV ADVISORY COMMIBSION MEETING, �IIGIIST 17. 1989 PAGE 7
IIPON !� VOICE VOT$, liLL VOTIN(i !►YE, CHAIRPERSOI�T STOIIFFER
DECLARED TH$ MOTION CARRIBD ONANIMOIISLY.
IV. OTHER BUSINESS:
Mr. Stouffer stated he would like to have the September
meeting start at 7:30 p.m.
ADJOURNMENT•
MOTION by Mr. Weaver, seconded by Mr. Peterson, to adjourn the
meeting. IIpon a voice vote, all votinq ape, Chairperson Stouffer
declared the Auqust 17, 1989, CATV Advisory Commfssion meetinq
adjourned at 7:59 p.m.
Respectfully sub 'tted,
Lynn Saba
Recording Secretary
Enyinecnng
Sewcr
Watcr
Parks
Sireets
Maintenance
MEMORANDUM
TO: William W. Burns, City Manager PW89-344
FROM: John G. Flora, Public Works Director �
Mark A. Winson, Asst. Public Works Director �
DATE: September 12, 1989
SOBJECT: Change Order #2, Street Improvement Project
No. ST. 1989-1 & 2
1
Change Order No. 2 for Street Improvement Project No. ST.1989-1 &
2 is submitted for consideration by the City Council at their
September 18 meeting in the amount of $7,363.84.
All items in this change order are for site improvements (concrete
curb and gutter, driveway and parking lot paving, sidewalks) at the
West Satellite Fire Station being constructed at 77th Way and East
River Road.
Recommend the City Council approve Change Order No. 2 to Street
Improvement Project No. ST. 1989-1 & 2 for $7,363.84.
JGF/MAW/kn
13
,�
�
13A
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVE., N.E.
FRIDLEY, MN 55432
September 18, 1989
Gammon Brothers, Inc.
13845 Northdale Blvd.
Rogers, 1�1 55374
SUBJECT: Change Order No. 2, Street Improvement
Project No. ST. 1989 - 1& 2
Gentlemen:
/ You are hereby ordered, authorized, and instructed to modify your
contract for the Street Improvement Project No. ST. 1989 - 1& 2
by adding the following work:
Addition: SATELLITE FIRE STATION PARKING LOT
APPROX.
ITEM 4UANTITY R� ICE AMOUNT
1. Common Excavation 300 Cu. Yd. $ 4.00 $1,200.00
�
3.
4.
5.
6.
7.
Class V Aggregate
Base
B-6-18 Curb &
Gutter
4" Concrete
Sidewalk
2331 Binder
2341 Wear
Material for
Mixture
175 Tons
300 Lin. Ft.
300 Sq. Ft.
20 Tons
50 Tons
5 Tons
5.36
6.50
2.00
11.54
13.10
133.12
938.00
1,950.00
600.00
230.80
655.00
665.00
8. 6" Concrete Slab
w/Mesh 72 Sq. Yd. 16.32 1,175.04
TOTAL ADDITIONS . . . . . . . . . . . . $7�363.84
TOTAL CHANGE ORDERS:
Original Contract amount. . . . . . . . . . . .$ 670,628.34
Contract Additions - Change Order No. 1. ... 23,595.00
Change Order No. 2. .. 7,363.84
REVISED CONTRACT AMOIINT $ 701,587.18
Gammon Brothers, Znc.
Page Two
Change Order No. 2
September 18, 1989
Submitted and approved by John G. Flora, Public Works Director, on
the 18 h day of ptember, 1989.
Pr a d by
Checked by
Approved and accepted this
1989, by
Approved and accepted this
1989, by
' ;z�' � /
J ,G. Flora, P.E.
i ctor of Public Works
day of ,
GAMMON BROTHERB� INC.
Michael Gammon, President
day of ,
CITY OF FRIDLEY
William J. Nee, Mayor
William W. Burns, City Manager
13B
Enginecnng
� Sewer
FY Water
Q �
Q O Parks
O 3 Strecls
UV Maintenancc
MEMORANDUM
TO: William W. Burns, City Manaqer PW89-347
FROM: John G. Flora, Public Works Director
DATE: September 13, 1989
SIIHJECT: Fridley Municipal Center Improvement
Project No. 189 - Change Order No. 13
Change Order No. 13 consists of Proposal Requests No.'s 97, 100A
and 101; Work Order No.'s 1959, 1960 and 1961 for the Municipal
Center totaling $3,637.00.
Proposal Request No. 51 for the employees restrooms is amended to
include additional hardware for Glewwe Doors, Inc. for $100.00.
Change Order No. 13 amends Proposal No. 51 to reflect this new
total.
Change Order No. 13 includes a contract amendment for Nystrom, Inc.
to supply the police with metal lockers ($6,724.00) and a change
in suppliers ($1,035.00). Also Change Order No. 13 includes a
contract amendment for Guillaume and Associates for a deduct in
finishing for ($2,500.00}.
The attached change order identifies the proposal requests and work
order costs for the project.
Recommend the City Council approve Change Order No. 13 to the
Fridley Municipal Center Improvement Project No. 189.
, JGF/BN/kn
14
•
•. r
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVE.� N.E.
FRIDLEY. MN 55432
September 18, 1989
Kraus-Anderson Const. Co.
525 So. Eighth St.
Minneapolis, MN 55404
SUBJECT: Change Order No. 13 - Proposal Request Nos. 97, 100 and 101;
and Field Work Order Nos. 1959, 1960, and 1961 for Fridley
Municipal Improvement Project No. 189
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your contract for the
Fridley Municipal Center Improvement Project No. 189 by adding the following work:
97 Finishing of kiosks
100A Base casework for
Darkroom
101 Temperature control
1959 Rework drywall for
screen move
1960 Repaint soffots and
grid for screen move
1961 Rework ductwork to
Guillaume 8 Assoc.
Country Cabinets, Inc.
Klamm Mechanical, Inc.
Mulcahy Drywall
Guillaume & Assoc.
680.00
595.00
914.00
P.R. Subtotal
500.00
460.00
accommodate projector I Environ-Con, Inc. � 83 8.00
Work Order Subtotal
PROPOSAL REQUEST NO. 51 AMENDMENT: Change Order No. 10
AMEND P.R. NO. 51:
Glewwe Doors 100.00
BALANCE OF P.R. NO. 51
2,189.00
1,348.00
100.00
14A
Tom Sackett
Kraus-Anderson Const. Co.
Change Order No. 13
September 18, 1989
Page Two
CONTRACT EXTRA:
Nystrom, Inc.
CONTRACT EXTRA:
Nystrom, Inc.
CONTRACT AMENDMENT:
Guillaume 8 Assoc.
1,035.00
Subtotal
6,724.00
Subtotal
(2,500.00)
Subtotal
1,035.00
6,724.00
(2,500.00)
TOTAL ADDITIONS FOR CHANGE ORDER NO. 13. ...... 58,896.00
TOTAL ORIGINAL CONTRACTS
Contract Adjustments
Park Settlement
Subtotal
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Change Order No. 5
Change Order No. 6
Change Order No. 7
Change Order No. 8
Change Order No. 9
Change Order No. 10
Change Order No. 11
Change Order No. 12
Change Order No. 13
TOTAL CHANGE ORDERS
` .MUNICIPAL
CENTER
2,204,391.00
(8,049.00)
0.00
2,196,342.00
13,374.00
8,834.00
30,700.00
25,000.00
32,597.43
33,673.00
12,817.00
3,323.00
(9,700.00)
580.00
18,820.00
8,896.00
�178.914.43
FIRE
STATION
226,786.00
580.00
0.00
227,366.00
2,596.00
8,793.00
RAMP
712,500.00
4,846.00
29.202.00
746,548.00
8,975.00
3,530.00
6,000.00
4,319.00 15,220.00
1,784.16
3,859.00
3,375.00 35.00
549.00 41,531.00
(2,972.00) 1,870.00
524,444.16 575.020.00
TOTAL CONSTRUCTION
CONTRACTS � ADJUSTMENTS �2,375,256.43 �251,810.16 $821,568.00
��
Tom Sackett
Kraus-Anderson Const. Co.
Change Order No. 13
September 18, 1989
Page Three
Recommend this day of , 1989, by
KRAUS-ANDERSON CONST. CO.
Tom Sackett, Project Manager
Approved and accepted this 18th day of September, 1989.
CITY OF FRIDLEY
William J. Nee, Mayor
William W. Burns, Ciry Manager
ptemder, i 9sy.
14C
15
MEMO TO: WILLIAM W. BURNS, CITY MANAGER ..'�
� ��
FROM: WILLIAM C. HUNT, ASSISTANT TO THE CITY MANAGER ���
SUBJECT: CHANGE ORDER NO. 4 FOR TECIiNICAL SYSTEM
DATE: SEPTEMBER 13, 1989
Due to changes in the design of the ceiling of the Council Chambers
above the Council Bench it is not appropriate to install the seven
eight inch recessed speakers called for in the specifications as
received by Electrosonic. Instead, it is proposed to install two
horn type speakers to bring sound to the Council Bench and to
change the can type speakers in Council Conference Room A to
recessed speakers.
Due to problems in the alignment of the Council Chambers it will
be necessary to move the north screen eighteen inches in a
generally easterly direction. This will entail additional labor
costs for Electrosonic to remove the screen and to remount it after
the opening has been moved.
I request that you present Change Order No. 4 to the City Council
for approval at their meeting of September 18, 1989.
���.� s�� , � �959 15A
CITY OF FRIDLEY
BNGINEERING DEPARTMENT
6431 IINIVERSITY l�VENIIE, N.E.
FRIDLEY, MN 55432
September 18, 1989
Electrosonic Systems, Inc.
6505 City West Parkway
Minneapolis, Minnesota 55344
Subject: Change Order No. 4, Contract for Technical System for the
Fridley Municipal Center
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your
contract for the Technical System for the Fridley Municipal Center
by adding the following work:
Additions•
ITEM
COST
1. Delete provision and installation of seven
(7) 8-inch recessed speakers, remove eight
(8) 4-inch can-type speakers, and install
eight (8) 4-inch recessed speakers in
Council Meeting Room A . . . . . . . . . . . $ 240.00
2. Add two (2) Soundolier APW-30T horn speakers
at $85.58 . . . . . . . . . . . . . . . . . . 171.17
3. Relocate north projection screen in Council
Chambers . . . . . . . . . . . . . . . . . . 640.00
TOTAL ADDITIONS . . . . . . . . . . . . 1.051.17
TOTAL CHANGE ORDERS:
Original contract amount . . . . . . . . . . $107,138.49
Addendum No. 1 . . . . . . . . . . . . . . . 5,188. 31
Addendum No. 2 . . . . . . . . . . . . . . . 17, 099. 98
Contract Additions--Change Order No. 1... 11,533.00
Contract Additions--Change Order No. 2... 10,338.00
Contract Additions--Change Order No. 3... 1,300.00
Contract Additions--Change Order No. 4... 1.051.17
REVISED CONTRACT PRICE . . . . . . . . . $153.658.95
Electrosonic Systems, Inc.
Change Order No. 4
Page Two
September 18, 1989
Submitted and approved by William C. Hunt, Assistant to the City
Manager, on �is 18th day of September, 1989.
by 1
" 1�-�-� ,
y .Cl.(/il,(� .
illiam C. Hunt
Assistant to the City Manager
Approved and accepted this
1989, by
Approved and accepted this
1989, by
�3 day of ��� ,
ELECTROSONI
/ �
�
icha King, ic
day of
CITY OF FRIDLEY
, INC.
William J. Nee, Mayor
Sales Manager
William W. Burns, City Manager
15B
16
CITY OF FRIDLEY
M B M O R� N D U M
TO: WILLIAM W. BIIRNB, CITY MANAGER
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: 1990 BIIDGET PROPERTY TA8 LEVY AND PIIBLIC HEARING
DATE: SEPTEMBER 14� 1989
On June 23, 1989 the Department of Revenue issued guidelines to
Cities to aid them in complying with Truth in Taxation
requirements. Per the guidelines, we are required to certify to
the County Auditor our proposed property tax levy by October 1,
1989.
The attached resolution certifies the maximum levy allowable. We
will be certifying this levy with the understanding that it is a
' proposed levy and more than likely will be changed before the final
levy is certified November 9. We cannot raise our proposed levy
when we certify the final levy however, we can lower it.
We have chosen this conservative approach as we do not have all
the information needed at this point in time to evaluate the
effects of the levy on the City of Fridley taxpayers nor do we know
what may happen should a special legislative session be called.
We are also required to set our public hearing date and a
reconvening date and inform Anoka County of our decision. We have
been notified by Anoka County of the dates for the other taxing
jurisdictions within the City of Fridley.
School District #16 has set the date for the reconvening of their
public hearing on October 23, 1989. We have been informed by Anoka
County and the Department of Revenue we cannot hold our public
hearing on that date as we had planned. �
We are therefore recommending that Council hold the public hearing
for the 1990 Budget on October 30, 1989. We would also have the
first reading of the budget ordinance at this meeting.
16A
We also recommend that the reconvening date for the public hearing
be set for November 6, 1989 along with the 2nd reading and passage
of the budget ordinance. Council should be aware that November 6
is not a regularly scheduled meeting and therefore a special
meeting will have to be called.
If Council has any problems with our recommendations, please let
us know.
RESOLIITION N0. - 1989
RESOLIITION CERTIFYING "PROPOSED^' TAR LEVY REQUIREMENTS
FOR 1990 TO THE COUNTY OF ANORA FOR COLLECTION
BE IT RESOLVED that the City of Fridley certify to the County Auditor of the
County of Anoka, State of Minnesota, the following proposed tax levy to be
levied in 1989 for the year 1990
GENERAL FUND
Levy Subject to Limitation
Levy Outside Levy Limits
$3,680,666
-0-
TOTAL GENERAL FUND S3.6�
OTHER FUNDS
Capital Project - Capital Improvement
(Subject to Limitation)
Agency Fund - Six Cities Watershed Management
Organization (Subject to Limitation)
TOTAL OTHER FUNDS
TOTAL ALL FUNDS
$ 87,689
3.439
91.128
$3.771.794
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF
SEPTEMBER, 1989
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
-
7
�
�
Fuftl�DL�EI'
OWNER
FOR CONCURRENCE BY THE CITY COUNCIL
September 18, 1989
LOCATION OF BUILDING UNITS
Arnold F•1 m� � i ct
14120 W. Courlty Rd. J
Shoreview, NBJ 55126
(s�me as above)
(same as above)
.Allan Mattson
1625 3rd Ave. S.
Anoka, MN 55303
_....____ . _ .
.�✓W ���
' James-..� a Iawrenoe
; 1550 6th Ave. N.
- -- ----_--
Arnold Elmquist
1420 W. Co�uity Rd. J
Shoreview, NIN 55126
(same as abwe)
(s�me as aUove)
(same as abave)
(same as abave)
Jerry Dold
6110 Star I�r� NE
Fridley, N�T 55432
6370 Hwy. 65
6393 Htay. 65
6417 Hwy. 65
120 Mississippi Place
1601 N. IruLS�bruck Dr.
#164,215,278,332,339,344
4901 3rd St.
4913 3rd St.
4921 3rd St.
4939 3rd St.
4949 3rd St.
290 6lst Ave.
LICENSES
FEE P.l
15 55.00
7 36.00
7 36.00
4 36.00
6 36.00
7 36.00
7 36.00
7 36.00
7 36.00
7 36.00
3 36.00
APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR
�
OWNER
FOR CONCURRENCE BY THE CITY COUNCIL
September 18, 1989
LOCATION OF BUILDING
Mattson Properties 7325-27 Able St.
1625 3rr1 Ave.
Anoka, MN 55303
1
LICENSEB
UNITS FEE P•2
2 24.00
Max PeteYSOn 7320-22 EVert Oaurt 2 24.00
1296 29th Ave. NW
New �ighton, 1�A1 55112
Jahn Arvanitis 7871-75 Fixti�ood Way 2 24.00
11348 Quebec Ave. N.
Criatt�lin, MN 55316
Joseph 'Peague 1361 Meadcx�m�oor Dr.
Rt. 2, Box 4B
Pr'
'Gregory Lawrerx�e 1601 N. IruL�bruck 1
1550 6th Ave. N.
FYidley, N�T 55432 3 s`%
Rol e eger 1601 N. InrL�Uruc]c
9251 I�nsing Ave. #153,356
Stillwater, NIIJ 55082
Joan Mack & St.eve Antolak 1601 N. InnsbrucJc
9321 Ipc�.h Ic�anor�d Lt1. #231
$rooklyn Park, NIN 55443
C�rmeet or Daleet Garydhok 1280-82 Norton Ave.
19 S. Deep Iak,e Rd.
St. Pat11, MN 55127
1 12.00
12.00
2 24.00
1 12.00
2 24.00
Jet'�cene D�ld 6110-14 Star Ian�e NE 1 12.00
6110 Star Iane Ne
Fridley, I�T 55432
Steven Petschel 7323-25 University Ave. 1 12.00
7325 University Ave. NE
FYidley, NIN 55432
Rpnald & Patricia Nolby 5181-83 3rd St.
6253 Ben N1pre Dr.
FYidley, I�IlJ 55432
Beverly Mattson 5820-22 4th St.
1625 3rd St.
An�ka, MN 55303
2 24.00
2 24.00
�PPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR
APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR
Engineermg
Sewcr
Water
Parks
Streets
Maintenance
MEMORANDUM
TO: William W. Burns, City Manager PW89-349
FROM: John G. F1ora,�Public Works Director
Mark A. Winson, Asst. Public Works Director Il�d�•�
DATE: September 14, 1989
SIIBJECT: Street Improvement Project No. ST. 1989 - 10 (Sealcoat)
The attached final pay estimate for Street Improvement Project No.
1989 - 10 (Sealcoat) is $4,084.84 above the contract price due to
the addition of the Riverview Terrace project.
JGF/MAW/ts
Attachments
19A
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FF'ii": Gity of rridiey E^gineering G:rtsiar,
14J: HJ^J�d�:e NdYQi 3�I. �:t�e 1.f1:i^::t
Citv ef Fr:diey
6431 Ur:ve�sity FtYFfi'!C R.E.
Fridley, Mione���!a ;�5�:�
D�'E: 5Ef'�EM6ER lE, !�r�
„ITr OF Fk:DLE� FUn::� Mi�FF.S ➢Ep„�?!!EN'
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kespe_tfully SuG�i±tEd,
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d o. Fiora,F.E.
Fuhlit M;;rks Director
19C
CITY OF FRIDLEY
PIIBLIC WORRB DEPARTMENT
BNGINEERING DIVISION
6431 IIniversity Ave., N.$.
F=idley, MN 55432
September 18, 1989
Honorable Mayor and City Council
City of Fridley
C/O William W. Burns, City Manager
6431 University Ave., N.E.
Fridley, MN 55432
Council Members:
CERTIFICATE OF THE $N(3INEER
We hereby submit the Final Estimate for Street Improvement Project
No. ST. 1989 - 10 (Sealcoat), for Allied Blacktop, Inc., 10503 -
89th Ave., N., Maple Grove, MN, 55369.
We have viewed the work under contract for the construction of
STREET IMPROVEMENT PROJECT NO. ST. 1989 - 10 (Sealcoat) and find
the same is substantially complete in accordance with the contract
documents. I recommend that final payment be made upon acceptance
of the work by your Honorable Body and that the one-year
contractual maintenance bond commence on September 15, 1989.
Respectfully submitted,
����z-�
ohn G. Flora
Director of Public Works
Prepared by
Checked by:
19D
f-���
19E
September 18, 1989
City of Fridley
STREET IMPROVEMENT PROJECT
NO. ST. 1989 - 10 (Sealcoat)
CERTIFICATE OF CONTRACTOR
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 with the plans and
specifications heretofore approved. The final contract cost is
$103,891.42 and the final payment of $12,9�9.86 for the improvement
project would cover in full, the cantractor's claims against the
City for all labor, materials and other work down by the contractor
under this project.
I declare under the penalties of perjury that this statement is
just and correct.
ALLIED BLACRTOP, INC.
�
Euge e Capistrant ,President
September 18, 1989
To: Public Works Director
City of Fridley
REPORT ON FINAL INSPECTION FOR
CITY OF FRIDLEY
STREET IMPRaVEMENT PROJECT NO. ST. 1989-10 SEALCOAT
We, the undersigned, have inspected the above-mentioned project and
find that the work rgquired by the contract is substantially
complete in confarmity 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 recommend to you that the City approve the
attached FINAL ESTIMATE for the contractor and the one-year
maintenance bond, starting from the day of the final inspection
that being September 15, 19s9. �
� ��► //7�� ��22'ti-�
hompson, onstru ion I�
� � �, IF� ,
Contr ctor Representative, (Title)
�
19F