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FRIDLEY CITY COUNCiL MEETING OF DECEMBER 1, 1993
PUBLIC HEARINGS (CONTINUED):
Preliminary Plat Request, P.S. #93-04 �
by Dale Edstrom of Northco Corporation, ��,,,
Northco Business Park 4th Addition,
to Replat Property Generally Located
at 500 - 73rd Avenue N.E. . . . . . . . . . � . . . . . . . . . . 2 - 2G
NEW BUSINESS:
Resolution in Support of an Application
for a Minnesota Lawful Gambling Premise
Permit to Moose Lodge 38 Fridley ......
Receive an Item from the Minutes of
the Appeals Commission Meeting of
November 9, 1993: . . . . . . . . . . . . . .
A. Variance Request, VAR #93-29,
by St. Philip's Lutheran
Church to Increase the
Maximum Square Footage of
an Institutional Sign from r
32 Square Feet to 70 Square
Feet, Generally Located at
6180 Highway 65 N.E. ,
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FRIDLEY CITY COUNCIL MEETtNG OF DECEMBER i, 1993 Paqe 3
NEW BUSINESS (CONTINUED�:
Resolution Requesting Variance from
Minnesota Department of Transportation
Division State Aid Operations Rules, ���
Chapter 8820.2800, Subp. 2, on Numerous i�, .
MN/DOT Signal Improvements in Fridley .(� .�: . . . . . . . . . 5 - 5A
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Approve Change Order No. 2 to the 1993
Street Improvement Project No. ST. � i
1993-1 &2 .................... �v.. �... 6-6B
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Approve Change Order No. 1 to the 63rd
Avenue Booster Station, Project No. 260
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Approve Change Order No. 1 to the Locke �,,�'�
Park Filter Plant, Project No. 240 . . . . . :� . . . . .� ' . . 8 - 8A
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informal Status Reports
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1, 1993 Paqe 4
NEW BUSiNESS (CONTiNUED :
Claims ............... ...................... 10
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Licenses .........
Estimates ......
ADJOURN:
.......................... 11-11C
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THB MINOTES OF T$L � FRIDLSY CITY CODNCIL �8S'�L!Il[G �3B .,� :�
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bT0�8R 15, 1993
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THE MINIITES OF THE REGDLAR MEETING OF THE FRIDLEY CITY COIINCIL OF
NOVEMBER 15. 1993
The Regular Meeting of the Fridley City Council was called to order
at 7:35 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Billings and Councilman Schneider
MEMBERS ABSENT: None
PROCLAMATION•
HOME CARE WEEK - NOVEMBER 28 - DECEMBER 4 1993:
Mr. Burns, City Manager, read this proclamation proclaiming the
week of November 28 through December 4, 1993 as Home Care Week.
Mayor Nee issued the proclamation and presented it to Mr. Bob
Loftus.
Mr. Loftus stated that they have about two hundred aides and
therapists that work in this field to provide home health care.
He felt that this was very important, as it is part of the new
health care agenda. He thanked the Mayor and Council for this
proclamation.
APPROVAL OF MINUTES:
COUNCIL MEETING, NOVEMBER 1, 1993:
MOTION by Councilman Billings to approve the minutes as presented.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTiON by Councilman Billings to adopt the agenda as submitted.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15. 1993 PAGE 2
OLD BUSINESS:
1. APPOINTMENT OF THE CABLE TELEVISION ADVISORY COMMISSION
_(TABLED OCTOBER 4, 1993)•
MOTION by Councilman Schneider to remove this item from the table.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to nominate Gen Peterson, 151 Glen
Creek Road, for appointment to the Cable Television Advisory
Commission to fill the unexpired term of Duane Peterson, which
expires April 1, 1995. Seconded by Councilwoman Jorgenson.
Mayor Nee stated that Gen Peterson was a member of the City's
original Charter Commission, a founder of the Fridley League of
Women Voters, and a member of the Anoka County Soil and Water
Conservation District.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
2. MOTION DIRECTING PAYMENTS FROM THE CABLE TELEVISION FRANCHISE
FEES (TABLED OCTOBER 18, 1993)•
Mayor Nee removed this item from the table.
MOTION by Councilman Schneider to authorize payment of $3,307 to
School District No. 14 and $26,679 to ETC 33 from the Cable
Television Fund. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Councilman Schneider stated that funds have been earmarked for the
Spring Lake Park and Columbia Heights School Districts in the same
amount that was allotted to School District No. 14.
NEW BUSINESS•
3. APPOINTMENTS: CITY EMPLOYEES:
Mr. Burns, City Manager, stated that he was pleased to announce two
appointments in Public Works. He stated that both Mr. Jason Wiehle
and Mr. Jeffrey Jensen have been appointed as Public Services
Workers and were chosen from a field of 104 applicants.
Mr. Burns stated that Mr. Wiehle worked part-time for the cities
of Blaine and Fridley, has one year of college, and he has
experience in the field of Public Works.
FRIDLEY CITY COIINCIL ME$TING OF NOVEMBER 15. 1993 PAGE 3
Mr. Burns stated that Mr. Jensen has six years experience in Public
Works, two years of college, and is licensed to operate heavy
equipment.
MOTION by Councilwoman Jorgenson to concur with the following
appointments by the City Manager:
Name
Jason
Wiehle
Je f f rey
Jensen
Position
Public Services
Worker A, Streets
Non-exempt
Public Services
Worker A, Streets
Non-exempt
Starting
Salarv
$10.56
per hour
$10.56
per hour
Starting
Date
Nov. 16,
1993
Nov. 16,
1993
Replaces
Donald
Stiller
Richard
Cameron
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
4. RESOLUTION NO. 96-1993 DECLARING A VACANCY IN THE CITY COUNCTL
AND ORDERING A SPECIAL ELECTION:
MOTION by Councilman Schneider to adopt Resolution No. 96-1993.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
5. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF
THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 112, ENTITLED
"FALSE ALARMS " AND�AMENDING CHAPTER 11 ENTITLED "GENERAL
PROVISIONS AND FEES:"
Mr. Dave Sallman, Public Safety Director, stated that the need for
this ordinance came about when the Police Department compiled a
report on false alarms. He stated that there were 1,300 such
alarms over a twelve month period, and these take away from the
police officers' time in defending the City. He stated the history
has been that a few establishments have a lot of false alarms.
Mr. Sallman stated that this ordinance would be imposed in the
amount of $25.00 for each fals� alarm over five false alarms. He
stated that there is an appeal process if someone felt an alarm was
not false. It is also noted that lightning strikes, which can set
off an alarm, are not counted.
Councilman Schneider stated that the intent is not to send a
message to people not to call the Police Department.
Mr. Sallman stated that this is not the intent, and a number of
cities have a policy that after three false alarms, a fine is
imposed.
FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 15, 1993 PAGE 4
Mr. David Kutscheid, representing Dow Brands, 5601 East River Road,
stated that he has some concern about this ordinance. He stated
that there is no doubt that Dow Brands has a lot of alarms, as they
have four hundred employees entering through eighteen doors. He
stated that they have seven separate fire alarm systems. Some of
the alarms are legitimate and some are not. He stated that they
take action to correct the false alarms immediately. He stated
that some of the intrusion alarms are set off in error by
employees.
Mr. Kutscheid stated that Dow Brands concern is that because of the
amount of alarms at their facility, the fines imposed under this
ordinance could be costly to the company. He stated that Dow
Brands is concerned about safety and fire, and they work closely
with the Police and Fire Departments. He stated that they do not
have an intrusion alarm system to merely protect them against theft
but to protect the City.
Mr. Kutscheid stated that Dow Brands is a beauty manufacturing
facility, and they have thousands of cases of aerosol cans in their
warehouse. If the police do not respond immediately to an alarm,
there could be a catastrophe caused by vandals. He explained about
the case where a transient was injured and crawled into their
building. If the alarm had not sounded, the transient would have
bled to death.
Councilman Billings asked, for example, if the situation described
by Mr. Kutscheid involving the transient would be considered a
false alarm.
Mr. Sallman stated that it would not be a false alarm, as there was
definitely a need for assistance.
Councilman Billings stated that there were about 1,300 false alarms
in the City over a twelve month period. He asked the amount of
time involved to ascertain if it was a false alarm and to write
the report.
Mr. Sallman stated that two officers are always sent in this
situation, and the time involved takes about one hour.
Councilman Billings stated that based on 2,080 hours of work a
year, the 1,300 hours it takes to investigate false alarms means
that one officer could spend two-thirds of his time investigating
these calls. He stated that if an establishment has more than five.
false alarms, there is an appeal process.
Mr. Sallman stated that the Police Department would notify the
owner of every false alarm, and the owner would have the
opportunity to submit an explanation.
FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 15. 1993 PAGE 5
Councilman Billings stated that one of the reasons this ordinance
is being recommended is that the City is constantly trying to
streamline and economize to reduce unnecessary spending.
Councilman Schneider asked if Dow Brands has security.
Mr. Kutscheid stated that they have security on the first and
second shifts.
Councilman Schneider felt that what Mr. Kutscheid is asking is that
the taxpayers subsidize the security for pow Brands on their third
shift.
Mr. Kutscheid stated that he could make the argument that Dow
Brands is a large taxpayer in Fridley. He stated that they do not
want to diminish the effectiveness of the alarms in any way. He
stated that their emphasis is that safety is number one; and that
includes safety for the employees, neighbors of Dow Brands, or
people passing on the highway. Mr. Kutscheid stated that whenever
there are mechanical failures of the alarms, it is fixed
immediately. He stated that the real problem is human error, and
most false alarms are intrusion.
Mr. Kutscheid stated that Dow Brands is concerned about the fines,
as they could be quite costly.
Councilman Schneider stated that he did not want to diminish the
effectiveness of their alarms. He wondered if it could not be
handled through better employee education.
Councilwoman Jorgenson asked how many calls there were to Dow
Brands.
Mr. Sallman stated that during a twelve month period, there were
between twenty and thirty calls.
Mayor Nee felt that Dow Brands should take responsibility for
training their employees.
Mr. Kutscheid stated that this is true, but it is difficult to
train four hundred employees. He stated that their concern is that
they do not want to be forced, because of economic conditions, to
not have the City respond to an.alarm. He stated that even if an
employee is assigned to respond to an alarm, he may not live within
the area, and by the time he responds, there could be a major
incident.
Councilwoman Jorgenson suggested that the Police Department work
with Dow Brands' security personnel and conduct some sessions with
the employees. She felt that perhaps if the employees were
tripping the alarms, they could contribute to the fund for paying
the fine for these false alarms.
FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 15. 1993 PAGE 6
Mr. Kutscheid stated that Dow Brands is concerned about safety.
If they cannot operate safely, they would not do so. He stated
that they could make the employees responsible, but there are some
that do not care. He asked that the City consider the financial
hardship this will cause for pow Brands.
Councilman Schneider stated that his company has reduced their
security personnel, and an employee set off a false alarm. He
stated that this person received a warning that if this happened
again, he would lose his job.
Mr. Kutscheid stated that he would take these suggestions into
consideration.
MOTION by Councilwoman Jorgenson to waive the reading and approve
the ordinance on first.reading. Seconded by Councilman Billings.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
6. FIRST READING OF AN �RDINANCE ESTABLISHING CHAPTER 128
ENTITLED "ABATEMENT OF PUBLIC NUISANCES" TO THE FRIDLEY CITY
CODE•
Ms. Dacy, Community Development Director, stated that the Council
conducted a public hearing on this ordinance at their November 1,
1993 meeting. She stated that the ordinance gives property owners
approximately three weeks to remove a public nuisance. If the
owner does not remove the nuisance or request a hearing, the City
abates the nuisance and assesses the cost against the property.
She explained the hearing process and how a property_ owner can file
an appeal to the City Council, if he is not in agreement with the
decision rendered by the Hearing Examiner.
Ms. Dacy stated that the City Attorney, Mr. Herrick, asked that
several issues be researched. This will be done between now and
the second and final reading of the ordinance. She stated that the
issues were: (1) in event that proceeds from the sale of property
taken through abatement actions exceeds the cost of the abatement,
how would the City address the "profit" from this transaction; (2)
if the City can conduct its abatement action immediately following
the conclusion of its ordinance process regardless of whether or
not the property owner intends to take legal action against the
City; and (3) if the City refrains from performing abatement
actions immediately following the formal process outlined in the
ordinance to allow a property owner to file a legal appeal, how
long should the City permit property owners to file such an appeal
before performing the abatement work.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Billings.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 1993 PAG$ 7
Councilman Schneider stated that this ordinance neither strengthens
nor weakens the code but provides a faster means to resolve the
nuisance abatement.
Mayor Nee stated that under Section 128.04, Subsection 2, it is not
clear whether this ordinance covers going into homes.
Ms. Dacy stated that the ordinance does not include entry into
single family homes. She stated that this could be clarified
before the final reading.
Councilman Billings stated that
there must be a search warrant
stated that the intent of this
Constitution.
the Constitution provides that
to go into people's homes. He
ordinance is not to violate the
Councilwoman Jorgenson stated that Section 128.02 does refer to
outside storage of equipment and materials.
Councilman Schneider stated that as he read the ordinance, he
shared Mayor Nee's concern, but the Constitution does protect the
property owners' rights. He stated that he certainly would support
clarification, as it is not the intent to go into homes.
Councilwoman Jorgenson stated that in the event there is a health
hazard in a particular home, the City may want to enter the home.
Ms. Dacy stated that this ordinance does not address a health
hazard, and the City would work with Anoka County on such a
problem.
Mayor Nee suggested that the ordinance could be clarified at the
time of the second reading.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
OCTOBER 17, 1993: •
A. ESTABLISH A PUBLIC HEARING FOR DECEMBER 13, 1993, FOR A
PRELIMINARY PLAT REQUEST P.S. #93-04, BY DALE EDSTROM OF
NORTHCO CORPORATION, NORTH�O BUSINESS PARK 4TH ADDITION, TO
REPLAT PROPERTY GENERALLY LOCATED AT 500 73RD AVENUE N.E.:
Ms. Dacy, Community Development Director, stated that the original
recommendation was to set the public hearing on this plat request
for December 13; however, this date has now been changed to
December 1, 1993.
MOTION by Councilman Billings to set the date of December 1, 1993
for the public hearing on this plat request, P.S. #93-04. Seconded
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 1993 PAGE 8
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
MOTION by Councilwoman Jorgenson to receive the minutes of the
Planning Commission meeting of October 27, 1993. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
8. APPROVE SUPPLEMENTAL CONTRACT WITH WESTWOOD PROFESSIONAL
SERVICES FOR WETLAND CONSULTATION SERVICE5:
Ms. Dacy, Community Development Director, stated that this is a
supplemental contract with Westwood Professional Services for the
City's wetlands consultant to participate in preliminary meetings
with affected property owners and at public �earings.
MOTION by Councilman Billings to approve this supplemental contract
with Westwood Professional Services for Ron Peterson to attend
supplemental meetings at an hourly rate of $95.00 per hour, not to
exceed $855.00, plus mileage expenses. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
9. APPROVE RETURN OF UNUSED 1991 CDBG FUNDS TO ANOKA COUNTY:
MOTION by Councilman Billings to return $150.00 of unexpended 1991
Community Development Block Grant Funds to Anoka County from the
North Suburban Consumer Advocates for the Handicapped. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
10. APPROVE DISPOSITION OF TAX FORFEIT PROPERTY IN THE CITY OF
- FRIDLEY•
Mr. Pribyl, Finance Director, stated that the City has received
notice from the Land Commissioner of Anoka County that the City has
one parcel of land classified as tax forfeit. He stated that the
property is classified as not buildable, and it is recommended that
the City sell this parcel to the abutting property owner and retain
an easement for street and utility purposes.
MOTION by Councilman Schneider to authorize staff to dispose of
this property identified as the.W 25 ft. of N 1/3 of Lot 4, Aud.
Sub. No. 108, subject to easement of record, No. 12 30 24 14 0092.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
11. APPROVE PARTICIPATION IN SPRINGBROOK CREEK EROSION PROJECT
(GENERALLY LOCATED AT 8111 FAIRMONT CIRCLE):
Mr. Flora, Public Works Director, stated that the property owner
at 8111 Fairmont Circle has requested the City participate in their
FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 15, 1993 PAGE 9
project for stream bed and bank erosion control. He stated that
the property owners, Mr. and Mrs. Dunlap, propose to armor a curved
section of the creek behind their property with large rock boulders
and filter fabric. He stated that the estimated cost of the
project is $2,185 and in accordance with the City's creek policy,
the Council may wish to consider participation for an amount of
$1,092.50 utilizing funds from the City's storm water contingency
account.
MOTION by Councilman Schneider to authorize an expenditure up to
$1,092.50 for the City to participate in the Dunlap's stream bed
and bank erosion control project generally located at 8111 Fairmont
Circle. Further, that the funds be taken from the City's storm
water contingency account. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
12. APPROVE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF ANOKA AND
THE CITY OF FRIDLEY FOR THE INSTALLATION OF TRAFFIC CONTROL
SIGNALS AT THE INTERSECTION OF COUNTY ROAD NO. 132 AND
SPRINGBROOK DRIVE:
Mr. Flora, Public Works Director, stated that since approval of the
Joint Powers Agreement with the County for the installation of the
traffic control signal at this intersection, it has been determined
by the County that the emergency vehicle pre-emption system costs
were not included, and the agreement has been revised to include
this cost estimated at $41,040. He stated that the actual cost for
the signal improvement is to be paid by Wal-Mart in accordance with
the development agreement.
MOTION by Councilman Billings to approve this Joint Powers
Agreement with Anoka County for the installation of traffic control
signals at the intersection of County Road No. 132 and Springbrook
Drive and anthorize the appropriate City officials to execute same.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
13. RECEIVE BIDS FOR THE 64TH AVENUE STORM WATER IMPROVEMENT
PROJECT NO. 260•
MOTION by Councilman Schneider to receive the bids for the 64th
Avenue Storm Water Improvement Project No. 260:
Bidder
Total Bid
Thomas & Sons Construction, Inc.
13925 Northdale Blvd.
Rogers, MN 55374 $105,404.50
FRIDLEY CITY COIINCIL MEBTING OF NOVEMBER 15. 1993 PAGE 10
Kadlec Excavating of Mora, Inc.
Route 5
Mora, MN 55051
Northdale Construction, Inc.
14450 Northdale Blvd.
Rogers, MN 55374
Bonine Excavating, Inc.
12669 Meadowvale Rd.
Elk River, MN 55330
Palda & Sons, Inc.
1462 Dayton Ave.
St. Paul, MN 55104
$115,933.90
$123,462.95
$136,836.17
$138,612.93
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Flora, Fublic Works Director, stated that the low bidder for
this project was Thomas & Sons Construction, Inc. in the amount of
$105,404.50, which is considerably over the estimate of $60,000.
He stated that staff recommends the bids be rejected and the plans
and specifications be revised and the project be re-advertised for
bids.
MOTION by Councilman Schneider to concur with staff's
recommendation and reject these bids for the 64th Avenue Storm
Water Improvement Project No. 260 and authorize the re-advertising
for bids for this project. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee.declared the motion
carried unanimously.
14. RESOLUTION NO. 97-1993 RE4UESTING VARIANCE FROM MINNESOTA
DEPARTMENT OF TRANSPORTATION RULES FOR STATE AID OPERATIONS
TO ALLOW STREET IMPROVEMENTS WITH 50 FOOT RIGHT-OF-WAY WIDTHS
{3RD STREET, 63RD AVENUE AND UNIVERSITY WEST SERVICE ROAD)•
Mr. Flora, Public Works Director, stated that the purpose of this
resolution is to request a variance in the right-of-way widths for
certain streets that are classified as Municipal State Aid streets.
MOTION by Councilman Schneider to adopt Resolution No. 9i-1993.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
15. RESOLUTION NO. 98-1993 RE4UESTING VARIANCE FROM MINNESOTA
DEPARTMENT OF TRANSPORTATION RULES FOR STATE AID OPERATIONS
TO ALLOW STREET IMPROVEMENTS WITH 50 FOOT RIGHT-OF-WAY WIDTHS
(CAMELOT LANE AND SOUIRE DRIVE):
MOTION by Councilman Schneider to adopt Resolution No. 98-1993.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
�
FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 15. 1993 PAGS 11
16. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
17. CLAIMS•
MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos.
52487 through 52722. Seconded by Councilman Billings. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
18. LICENSES•
MOTION by Councilman Billings to approve the license as submitted
and as on file in the License Clerk's Office. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
19. ESTIMATES•
MOTION by Councilman Schneider to approve the following estimates:
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 55433
Statement for Services Rendered as
City Attorney for the Month of
October, 1993 . . . . . . . . . . . . . . . . $ 3,946.99
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Statement for Services Rendered as
City Prosecuting Attorney for the
Month of September, 1993 . . . . . . . . . . $ 10,782.00
Gunderson Brothers
2325 Snelling Avenue
Minneapolis, MN 55404
0
Miscellaneous Concrete Curb,
Gutter and Sidewalk
Project No. 245
Estimate No. 6 . . . . . . .
. . . . . . . . $ 9, 356. 57
0
FRIDLEY CITY COONCIL MEETING OF NOVEMBER 15. 1993 PAGE 12
Kenko, Inc.
1694 91st Avenue N.E.
Blaine, MN 55449
TCAAP Interconnect Pipeline
Project No. 248
Estimate No. 3 . . . . . . . . . . . . . . . $140, 254 . 45
Northwest Asphalt
1451 County Road 18
Shakopee, MN 55379
1993 Street Improvement
Project No. ST. 1993 - 1& 2
Estimate No. 6 . . . . . . . . . . . . . . . $ 87, 350.41
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT•
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of November 15, 1993 adjourned
at 8:39 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
Approved:
0
TO: WILLIAM W. BURNS, CITY MANAGER �' �
�
FROM: RICHARD D. PRIBYI,, FINANCE DIRECTOR
PAUL S. HANSEN, STAFF ACCOUNTANT
SUBJEGT: PUBLIC HEARING ON THE 1994 BUDGET AND
16 MILLS LEVY
DATE: NOVEMBER 24, 1993
Attached is a copy of the 1994 Truth in Taxation Budget Public Hearing Notice which
appeared in the Fridley Focus on November 23, 1993. This information is required by the
Department of Revenue and fulfills the requirements as set out in the Truth and Taxation
Legislation. I have also provided a copy of the Public Hearing Notice required by the
charter when levying a tax in excess of 16 mills.
These public hearing notifications serve to fill two requirements for the City of Fridley; (1)
to fulfill the Truth and Taxation requirement, and (2) levy what appears to be a tax levy
in excess of 16 mills.
As you recall, past legislation caused a shift in Local Governmental Aids away from the
cities and towards the school districts. This action caused the City to hold an additional
Public Hearing for levying a tax which appears to be in excess of 16 mills. Due to formula
change from mill levy to tax capacity rates it has been impossible to convert one to the
other. So this public hearing notice satisfies the charter requirement that we hold a public
hearing when we feel thax we are levying in excess of 16 mills.
This Public Hearing will differ from the usual public hearings we have, in that this hearing
will have �lwo topics; (1) the Public Hearing on the City of Fridley Bud�et, and {2) t�e
Public Hearing to levy a taa which appears to be in ezcess of 16 mil�s. You might recall
that the reasoning for this is that the main topic of the December lsf and December 13th
Council Meetings is for consideration and approval of the budget For the Truth in
Taxation hearing held in 1993 only, icvmpensation costs for the previous ye�tr, current year,
and proposed budget must be presented for employees, consultants, and otiier indepond��tt
contractors aiong with the effect of this increase or decrease on the talc levy. Prior to
adjournment of the hearing the city must announce, the date, time and place for the
subsequent hearing which will be December 13th if a continuation hearing is not necessary.
RDP/me
Attachment
�
. Notice Of
Proposed Property -Taxes ,
The Fridley c'ity council will hold a public hearing on. its budget
and on ihe amount of prope�ty taxes it is proposing to oollect to
pay for the costs of services the city will provide in -1994.
- _.
The d'iscussion wilL describe the increases or decreases of the
total budget, including employee salaries and benefds and tiie"
costs of consuRants and other independent contractors for the
prior year, current year, and the proposedbudget year.
Attend the Public Hearing
All Fridley residents are invited to attend .the.public :hearing of.
the cdy council to express their opinions on the budget and on
the p�oposed amounf of property taxes_on: _
: . Wednesday, December ,1; at.7:30 p.m.
Fridley Municipal-Center ��
��6431 University Avenue`NE � _
Fridley ..
i _
m
1A
r
,
CITY OF FRIDLEY. PUBLIC N0710E
In conformance with Section 7.04 of the City Charter, the folbwing City Manager's budget for fiscai year 1994 has been
submitted to the City Council. Public Hearings on the budget will be held on December t, and December 13, 1993 at
7:30 p.m. at the Fridley Municipal Ce�ter.
GENERAL FUND
Taxes and Special Assessments:
Current Ad Valorem
Delinquent, Penalties,
Forteited
Special Assessments
Licenses and Permits:
Licenses
Permits
intergovernmental:
Federal
State -
Homestead and Agriculture
Credit Aid
Local Govemment Aid
All Other
Charges for Services
Housing a�d Redevelopment Authority
Water Fund
Sewer Fund
Storm Water Fund
Liquor Fund
Cable N Fund
Construction Funds
Fines and Forfeits
Irrterest on Investrnents
Miscellaneous Revenues
Other Financing Sources:
Liquor Fund
Employee Benefit Fund
Closed Debt Service Fund
TOTAL REVENUES AND OTHER
FINANCING SOURCES
Fund Balance:
General Fund Reserve
TOTAL GENERAL FUND
SPECIAL REVENUE FUNDS
Cable N Fund
Grant Management Fund
Solid Waste Abatement Fund
TOTAL SPECIAL REVENUE FUNDS
ESTIMATED
REVENUE
$3,489,601
66,547
1,896
132,270
288,356
5,803
1,057,010
1,558,917
432,532
313,676
174,376
125,195
90,854
28,969
65,397
19,849
31,129
242,392
430,000
96,886
25,000
200,000
248,414
9,125,069
239,655
$9.364.724
$111,475
189,454
218,056
�518.985
CAPITAL PROJECTS FUNDS
Capftal Improvement Fund
Taxes - Current Ad Valorem $85,550
Interest on Investments 418,672
Donations 10,000
State Aid Construction 600,000
Fund Balance 453,778
TOTAL CAPITAL PROJECTS FUNDS $1.568.000
AGENCY FUND
Six Cities Watershed Fund
Taxes - Current Ad Valorem
TOTAL AGENCY FUND
TOTAL
WILLIAM W. BURNS, CITY MANAGER
$3,500
$3.500
$11.455.209
1B
Legislative:
City Council
Planning Commissions
Other Commissions
City Management:
General Management
Personnel
Legal
Fnance:
Eledioris
Accounting
Assessing
MIS
City Clerk/Records
Police:
Pofice
Civil Defense
Fire
Public Works:
Civic Center
Tech�ical Engineering
Traffic Engineering
Street Lighting
Public Works Maintenance
Recr�tion:
Recreation
Natu�alist
Community Development:
Building Inspection
Planning
Reserve:
Emergency
Nondepartmental
General Capital Improvement
Streets Capital Improvement
Parks Capital lmprovemerrt
APPROPRIATIONS
$92,892
3,523
7,099
308,267
91,992
160,000
29.801
492,689
168,237
159,249
96,978
3,007,967
8,784
743,529
192,207
452,529
80,545
144,700
1,595,661
563,452
243,993
198,378
256,551
185.000
80,701
$9.364.724
$111,475
189,454
218,056
$518.985
$340,000
1,034,000
194,000
$1.568.000
$3,500
$5.500
$11.455.209
PIIBLIC HEARING BEFORE THL CITY COIINCIL
Notice is hereby given that there will be Public Hearings of
the Fridley City Council at the Fridley Municipal Center, 6431
University Avenue N.E., on December 1 and December 13, 1993, at
7:30 p.m. for the purpose of consideration of the following
resolution:
A RESOLUTION DECLARING THE NECESSITY TO LEVY A TAX WHICH
APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX
LEVY REQUIREMENTS FOR 1994 TO THE COUNTY OF ANOKA FOR
COLLECTION
WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of
Fridley, grants the City the power to raise money by taxation
pursuant to the laws of the State of Minnesota; and
WHEREAS, said Section 7.02 of the City Charter provides that if
the taxes levied against property within the City exceeds 16 mills
on each dollar of assessed valuation, that the Council shall adopt
a resolution showing the necessity for such tax; and
WHEREAS, the State of Minnesota has changed the method of
computing taxes from "mill levy" to "tax capacity"; and
WHEREAS, the State of Minnesota transferred state aid dollars from
the city to the school districts to reduce school district taxes;
and
WHEREAS, in addition, the State of Minnesota reduced the amount of
state aid dollars it had previously distributed to cities; and
WHEREAS, the City of Fridley needs to levy taxes which appear to
be in excess of 16 mills because of the reduction of local
government aids by the State of Minnesota.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Fridley pursuant to three (3) weeks published notice and public
hearings on the lst and 13th days of December, 1993, shall have the
authority to levy a tax which may be in excess of 16 mills; and
BE IT FURTHER RESOLVED that the City of
County of Anoka, State of Minnesota, the
levied in 1993 for the year 1994.
1C
Fridley certify to the
following tax levy to be
PIIBLIC HBARING BEFORE TH$ CITY COIINCIL (continued)
GENERAL FUND
General Fund
CAPITAL PROJECT FUND
$3,603,266
Capital Improvement Fund - Parks Division 72,689
AGENCY FUND
Six Cities Watershed Management Organization 2,710
TOTAL ALL FUNDS $3,678,665
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place.
WILLIAM J. NEE
MAYOR
Any questions related to this item may be referred to the Fridley
Finance Department, 571-3450.
Hearing impaired persons. planning to attend who need an interpreter
or other person with disabilities who require auxiliary aids should
contact Roberta Collins at 572-3500 no later than November 22,
1993.
�
1D
/
� Community Development Department
� PLANNING DIVISION
City of Fridley
DATE: November 23, 1993
��-
TO: William Burns, City Manager�
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Public Hearing for a Plat Request, P.S. #93-
04, Northco Business Park 4th Addition, by
Fridley Business Center Partnership, Generally
Located at 500 - 73rd Avenue N.E.
The City Council established December 1, 1993 as the date of the
public hearing, as required by the subdivision ordinance. Staff
recommends that the City Council conduct the public hearing.
NII�I/dn
M-93-682
STAFF REPURT
Community Development Department
� � Appeals Commission Date
Planning Commission Date: October 27, 1993
City Council Date: November 15, 1993
D mb 1 � 199�
REQUEST
' Permit Number
� Appiicant
Proposed
Request
Location
SITE DATA
I Size
� Density
Present Zoning
Present Land Use(s)
Adjacent
Zoning
Adjacent Land Use(s)
Utilities
Park Dedication
I Watershed District
ANALYSIS
Financial Implications
Conformance to the
Comprehensive Pian
Compafibility with Adjacent
Zoning and Uses
Environmental
Considerations
RECOMMENDATION
Staff
Appeals Commission
Planning Commission
Author i�i/dn
P.S. i�93-04
Fridley Business Center Partnership
To replat three lots in the Northco Business Addition into
four lots.
500 - 73rd Avenue N.E.
1,163,587 square feet 26,71 acres
M-2, Heavy Industrial
Industrial
M-2, Heavy Industrial to the East and West; R-1, Single Family
to the North; P, Public, to the South.
:Industrial to the East and West; Residential to the North; Park
to the South
$.023 per square foot
Rice Creek
0
Approval with stipulations
Approval with stipulations
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Fridley Bus. Center Part.
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2C
ZONING MAP
Staff Report
P.S. #93-04, by Fridley Business Center Partnership
Page 2
Reguest
The petitioner requests that a plat be considered to replat three
lots of Northco Business Park into four. The request is generally
located at 500 - 73rd Avenue N.E.
The Fridley Business Center Partnership is comprised of Northco and
Jim Gray, owner of Quick File. Quick File is located in the
manufacturing facility located on the subject parcel. Mr. Gray is
choosing to remove his interest from the partnership and wants to
own the property where Quick File is located. In addition to Quick
File, Carter Day Company and Steinwall, Inc. are also located in
the building.
Site
The subject parcel is a combination of vacant and occupied parcels.
Located on one parcel are two buildings; one used for research and
development, the other as a manufacturing facility. The property
is zoned M-2, Heavy Industrial, as are the parcels to the east and
west. The property to the north is zoned R-1, Single Family
Dwelling, and the property to the south is zoned P, Public.
Analysis
The proposed plat would create four parcels; two directly adjacent
to 73rd Avenue with direct access onto 73rd Avenue, one adjacent
to Northco Drive, and the fourth adjacent to 71st Avenue. The
fourth parcel does not have access onto 71st Avenue as it abuts
Locke Park. A 25 foot�"flag" will be created to provide road
access to this parcel from Northco Drive.
As proposed, the lots meet all of the minimum requirements outlined
in the M-2, Heavy industrial zoning district regulations, including
the minimum lot area of 1 1/2 acres and minimum lot width of 150
feet. The Engineering Department has indicated that an additional
utility easement will need to be dedicated adjacent to the most
northerly curve of Northco Drive. Two ten inch water lines
intersect outside of the dedicated right-of-way and therefore a
triangular utility easement needs to be dedicated on the plat
(please see enclosed drawing).
Recommendation
As the proposed plat request meets the minimum M-2, Heavy
Industrial standards, staff recommends that the Planning Commission
recommend approval of the request with the following stipulation:
2D
Staff Report
P.S. #93-04, by Fridley Business Center Partnership
Page 3
l. An additional utility easement shall be dedicated on the plat
as indicated on the attached drawing.
Planning Commission Action
The Planning Commission voted unanimously to recommend approval of
the request to the City Council as recommended by staff.
City Council Recommendation
Staff recommends that the City Council concur with the Planning
Commission action.
2E
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CITY OF FRIDLEY
M E M O R A N D D M
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TO: WILLIAM W. BIIRNB� CITY MANAGER�,1��
FROM: RICHARD D. PRIBYL, FINANCS DIRECTOR
WILLIAM A. CHAMPA, CITY CLERR
3UBJECT: MINNE30TA LAWFUL GAMBLING PREMI88 PERMIT RENEWAL
APPLICATION FOR MOOSE LODGE 38 FRIDLEY
DATE: NOVEMBER 23, 1993
Attached is a resolution approving the renewal application for a
Minnesota Lawful Gambling Premise Permit for Moose Lodge 38 Fridley
located at 8298 University Avenue Northeast.
The Minnesota Gambling Control Board requires the adoption of a
resolution approving or denying this premise permit renewal
application. These applications expire every two years.
�
3
RESOLUTION N0. - 1993
RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA
LAWFUL GAMBLING PREMISE PERMIT TO MOOSE LODGE 38 FRIDLEY
WHEREAS, the City of Fridley has been served with a copy of a Renewal
Application for a Minnesota Lawful Gambling Premise Permit for Moose Lodge 38
Fridley; and
WHEREAS, the location of the Premise Permit is for Moose Lodge 38 Fridley, 8298
University Avenue Northeast; and
WHEREAS, the City of Fridley has not found any reason to restrict the location
for the charitable gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley
approves the Minnesota Lawful Gambling Premise Permit to Moose Lodge 38 Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
, 1993.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
0
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WILLIAM J. NEE - MAYOR
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Community Developmer�t Department
PI.ANNING DIVISION
City of Fridley
DATE: November 22, 1993
TO: ,
William Burns, City Manager ��'
FROM:
SIIBJECT:
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Variance Request, VAR #93-29, by St. Philig's-..
Lutheran Church
On November 9, 1993, the Appeals Commission reviewed the variance
request to increase the size of an institutional sign from 32
square feet to 70 square feet. The Commission voted unanimously
to recommend denial of the request to the City Council. If the
City Council approves the variance request, staff recommends the
following stipulations:
1.
2.
MM:ls
M-93-691
The length of the variance is for two years. At the end
of the two year period, the petitioner shall comply with
the ordinance requirements or apply for a new variance.
The petitioner shall apply for a sign permit for a
permanent sign as required by the City Code. This
includes paying the $60 permit fee.
a
F
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REQUEST
Permit Number
Appl icant
Proposed
Request
Location
SITE DATA
Size
Density
Present Zoning
Present Land Use(s)
Adjacent
Zoning
Adjacent Land Use(s)
Utilities
Park Dedication
Watershed District
ANALYSIS
Financial Implications
Conformance to the
Comprehensive Plan
Compatibility with Adjacent
Zoning and Uses
Environmental
Considerations
RECOMIlVIEENDATION
Staff
Appeals Commission
Planning Commission
Author MM:ls
S TAFF REP O RT
Community Development Department
Appeals Commission Date iJovember 9, 19 9 3
Planning Commission Date
- City Council Date December l, 1993
VAR #93-29
Thelma vash, St. �hilip's Lutheran Church
To incrzase tYie size of an institutional sign
from 32 sq. ft. to 70 sq. ft.
6180 Highc�ay 65 N. E.
7 acres
R-3, General Multiple D:aelling
Institu�ion (church)
C-3, General Shopping Center, to the N& E; R-1,
Single Family Dwelling, to the W& N
Retail/office to,.the Pd & E; Single family to the ta &
Rice Creek Watershed District
Denial
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St. Philip's Church
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SCHOOL ADOfT/�
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ZONING MAP
Staff Report
V.AR #93-29, 6180 Highway 65 N.E. by St. Philip's Lutheran Church
Page 1
A. STATED HARDSHIP: �
None stated.
B. ADMINISTRATIVE STAFF REVIEW:
Request
The petitioner requests that
the maximum square footage
square feet to 70 square
Highway 65 N.E.
Site
a variance be granted to increase
of an institutional sign from 32
feet. The request is for 6180
Located on the property is a single story masonry building.
There is a gymnasium and activity center connected to the main
church facility. The property is zoned R-3, General Multiple
Family Dwelling. The property to the east and north is zoned
C-3, General Shopping Center District. The property to the
west is zoned R-1, Single Family Dwelling.
Analysis
Section 214.05.06.A requires that all institutional signs not
exceed a maximum size of 32 square feet in area.
Public purpose served by this requirement is to control visual
pollution by eliminating large and excessive signage.
The petitioner recently processed a variance request to
increase the amount of time a temporary sign may be displayed
from two weeks to two years. The City Council was reluctant
to approve the request as a"temporary sign". The Council
noted, however, that the remaining properties at the
intersection have larger signs because of commercial zoning.
The Council also thought it was unusual for a church to be in
a "commercial area". (See Council minutes.)
The petitioner has since withdrawn its original request and
has submitted a new variance request to increase the square
footage of an institutional sign from 32 square feet to 70
square feet. If this request is granted, the petitioner will
keep both the original brick sign which received a permit in
1978 and the. new sign which was recently installed.
The petitioner has indicated that they need time to review the
type of permanent signage they wish to display on the property
and the type of inessage to be displayed. They have indicated
a willingness to work within a two year timeframe, at the end
of which they will either comply with the institutional sign
requirements or apply for a new variance.
. �
Staff Report
VAR #93-29, 6180 Highway 65 N.E. by St. Philip's Lutheran Church
Page 2
At the request of the City Council, staff reviewed the address
files for all the churches within the City. This research
revealed that most churches are complying with the 32 square
foot maximum. However, there are two churches that have two
signs which exceed the maximum 32 square feet. These churches
are VaZley View Christian Church and Fridley Covenant Church.
Both have permanent monument signs of approximately 24 square
feet and a second sign constructed of plywood or other
temporary-type material of approximately 32 square feet in
area.
The Appeals Commission has reviewed two variance requests in
recent years requesting an increase in the amount of
institutional signage. These requests were to increase the
signage to approximately 40 square feet. In reviewing these
requests, the Commission has typically recommended denial and
the requests have been withdrawn and the petitioners complied
with the ordinance requirements.
If the Appeals Commission approves the request, staff
recommends two stipulations as conditions of approval:
1. The length of the variance is for two years. At the
end of the two year period, the petitioner shall
comply with the ordinance requirements or apply for
a new variance.
2. The petitioner shall apply for a sign permit for a
permanent sign as required by the City Code. This
includes paying the $60 permit fee.
Appeals Commission Action
The Appeals Commission voted unan.imously to recommend denial
of the request to the City Council.
City Council Recommendation
If the City Council approves the variance request, staff
recommends the following stipulations as conditions of
approval: �
1. The length of the variance is for two years. At the
end of the two year period, the petitioner shall
comply with the ordinance requirements or apply for
a new variance.
2. The petitioner shall apply for a sign permit for a
permanent sign as required by the City Code. This
includes paying the $60 permit fee.
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3. This is a small ot--about 300 feet under the minimum
lot� size. It i difficult to construct an addition
without a variance on a small lot.
The other Commission members
MOTION by Dr. Vos, seconded by\
request, VAR #93-28, by Sawhorse
205.07.03.D.(3).(a� of the Fridl
yard setback from 25 feet to 24
an addition on Lot 1, Block 2,
1640 - 76th Avenue N.E.
eed with Dr. Vos.
Mr. Kuechle, to approve variance
esigners & Builders, per Section
a Zoning Code, to reduce the rear
f et to allow the construction of
Qu'mette Terrace, the same being
UPON A VOICE VOTE, ALL VOTING AYE,
MOTION CARRIED UNANIMOIISLY.
SAVAGE DECLARED THE
2. CONSIDERATION OF VARIANCE RE4UEST VAR #93-29. BY ST. PHILIP'S
LUTHERAN CHURCH:
Per Section 214.05.06.A of the Fridley Sign Code, to increase
the size of an institutional sign from 32 square feet to 70
square feet to allow the existence of two signs on the
property on Outlots 1 and 2, Block 2, Moore Lake Highlands,
4th Addition, generally located at 6180 Highway 65 N.E.
MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to open the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THS
MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:39 P.M.
Ms. McPherson stated this is a revisit of the temporary/permanent
sign for St. Philip's Lutheran Church. The church is located at
the intersection of West Moore Lake Drive and Highway 65. The
property is zoned R-3, General Multiple Dwelling. The.property to
the east and north is zoned C-3, General Shopping Center District.
The property is to the north and west is zoned R-1, Single Family
Dwelling.
Ms. McPherson stated the Commission recently reviewed a sign
variance request by the petitioner requesting a variance to
increase the amount of time a temporary sign may be displayed from
the permitted two weeks to two years. During its discussion of the
variance request, the City Council was reluctant to approve the
request as a temporary sign. However, the Council did note that
the remaining properties on the other three corners of the
intersection have larger signs because of their commercial zoning
as opposed to the church's residential zoning.
Ms. McPherson stated the petitioner has withdrawn its original
request and has modified and resubmitted a variance request to
increase the square footage of an institutional sign from 32 square
feet to 70 square feet. If this request is granted by the City
Council, the petitioner will keep both the original brick monument
sign as well as the new sign. The petitioner has indicated that
4J
APPEALS COMMISSION MEETING, NOVEMBER 9. 1993 PAGE 4
the church would like time to review the type of permanent signage
they want to display on the property. They have indicated that
they would be willing to work within a two year timeframe, at the
end of which they would either comply with the institutional sign
requirements or apply for a new variance request.
Ms. McPherson stated that at the request of the City Council, staff
reviewed all the address files and made site visits of other
community churches. The results of that research were included in
the staff report. Typically, most of the churches meet the 32
square foot maximum. However, two churches in the community exceed
the maximum 32 square feet. Those churches, Valley View Christian
Church and Fridley Covenant Church, have approximately 56 square
feet of signage.
Ms. McPherson stated the Commission has reviewed two variance
requests in recent years requesting an increase in the amount of
institutional signage. These requests were to increase the signage
from 32 square feet to �0 square feet. The Commission has
typically reconimended denial of these requests, and the requests
have then been withdrawn and the petitioners have complied with the
ordinance requirements.
Ms. McPherson stated that if the Commission chooses to recommend
approval of this request, staff recommends two stipulations:
1. The length of the variance is for two years. At the end
of the two year period, the petitioner shall comply with
the ordinance requirements or apply for a new variance.
2. The petitioner shall apply for a
permanent sign as required by the
includes paying the $60 permit fee.
sign permit for a
City Code. This
Ms. Savage stated she did not see much difference between this
request and the previous request. It still looks like they are
dealing with a temporary sign.
Ms. McPherson stated they are dealing with the sign that the
petitioner first defined as temporary. The petitioner has now
decided they would like to use this sign as a permanent sign for
the next two years, while they use the two year timeframe as an
opportunity to review comprehensive signage for the property, at
which time they will either comply with the ordinance of 32 square
feet or apply for a new variance.
Ms. Savage asked if the Commission is supposed to treat this
request as a permanent sign request; and, if so, why didn't staff
do the usual analysis to the Sign Code?
Ms. McPherson stated that, yes, the Commission should treat this
request as a permanent sign request. Based on the Commission's
and City Council's discussion of the previous variance request,
staff made the decision not to use the typical standards set forth
4K
APPEALS COMMISSION MEETING, NOVEMBER 9. 1993 PAGE 5
in the Sign Code as part of the analysis of this request, to just
present the facts, and let the Commission make its decision based
on these facts.
Dr. Vos asked the maximum square footage for signs in C-3 zoning.
Ms. McPherson stated the maximum is 80 square feet. She stated
the sign for the Moore Lake Commons Shopping Center did receive a
variance. The sign, which is approximately 240 square feet, is
used for both the east and west shopping centers.
Ms. Jennifer Prasek stated she is the President of St. Philip's
Lutheran Church.
Ms. Savage asked why this variance is different than the original
request.
Ms. Prasek stated that the City Council felt very uncomfortable,
and so ciid the Church, in calling this sign a temporary sign
because they hoped to have the sign up for two years during their
capital fund drive. In addition to reminding their members of the
fund drive, the sign also serves as a welcome and invitation to the
community to join them. The current permanent signage is really
just a monument sign with only the church name which is just an
identification sign. They know it is advantageous to let people
know about service hours and to have a welcoming message. The
monument sign does not have that capability.
Mr. Kuechle s,uggested the church remove the existing brick sign;
then the church would comply with the Sign Code.
Ms. Prasek stated that is the reason for the variance for just two
years. They do not wan� to tear down the existing sign and then
find out later that they could incorporate it into a new sign with
new lettering. They want time to study this in detail and do not
want to rush into getting rid of that sign.
Mr. Kuechle stated two years seems a little too long. He believed
six months would be a little more reasonable.
Ms. Prasek stated that if the variance was only for six months,
then it would probably fall more in line with a temporary sign.
This is really more of a perma�ent sign than a temporary sign
because of the two year time period.
Ms. Prasek stated the church certainly recognizes the need for new
permanent signage, but they also recognize that would require a lot
of input, study, and discussion. They do not want to rush that
process.
Dr. Vos stated he could sympathize with the two year timeframe.
He understood where discussions might take that long. It is
different with this kind of institution than a commercial business
in making decisions.
4L
APPEALS COMMISSION_MEETING, NOVEMBER 9. 1993 PAG$ 6
Ms. Smith stated this is certainly a unique situation. iier problem
is that if they say yes to this variance, then what stops other
churches from making the same requests?
Mr. Prasek stated she believed Philip's has a very unique piece of
property as a church in Fridley. They are second in square footage
only to St. William's Catholic, another church located on the
corner of 61st Avenue and University Avenue. With seven acres,
they feel they are quite insulated from the residential areas
around them. The signage is located on the highway, the same
highway as all the commercial signage around them. They feel this
sign does not look out of place in this area.
MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to close the
public hearing.
IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED THE
MOTZON CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:00 P.M.
Ms. Savage stated she believed all the Commission members
sympathized with the Church's need for larger signage. Th� problem
is that she really did not see any difference between this request
and the previous request which the Commission recommended denial.
She would have a difficult time recommending approval without
havinq more input about the analysis staff usually does for sign
variances. The studies made by staff apparently show that other
churches are conforming to the code. She stated the Commission
cannot approve or recommend approval of a variance without a
hardship or some unique circumstances that would warrant a
variance. The Church did not report any hardship with their
variance request, and she did not see how the Commission can
recommend approval without a hardship.
Ms. Prasek stated she apologized for not having stated a hardship
in the request. The second request was put together fairly quickly
and resubmitted to staff.
Mr. Kuechle stated there seems to be some options for the
petitioner. The church has the option of removing the brick
monument sign or placing this sign over the monument sign. Because
of different options available to the petitioner, he would be
concerned about approving this variance request.
Ms. Beaulieu stated the petitioner brought up St. William's which
also has a lot of area, and St. William's has a 32 sguare foot
sign. The staff report indicated that most of the churches in
Fridley are complying with the Sign Code and that when two
petitioners applied for larger institutional signage and were
denied by the Appeals Commission, the petitioners complied with
the Sign Code.
Ms. Smith stated she agreed with Mr. Kuechle. There are other
options available to St. Philip's. She stated she is uncomfortable
4M
APPEALS COMMISSION MEETING. NOVEMBER 9, 1993 PAGE 7
with a two year stipulation as stated in the previous request and
with this request. She is also concerned about setting a precedent
if they recommend approval of this request.
Dr. Vos stated the petitioner did mention the size of the St.
Philip's property. Also mentioned by staff is the location, but
there are other churches located in similar positions. Some of
those do have signs larger than 32 square feet--one on University
Avenue that is 56 square feet and one in a residential area that
is 56 square feet. He also has a difficult time seeing the
difference between this request and the previous temporary sign
request. It is essentially the same request, only asking now to
call it a permanent, temporary sign, rather than a temporary,
temporary sign. He realized it will take some time for the
Church's council to work through what they want to do as far as
signage, but there seems to be more options than having two signs
for two years. He stated he would vote to recommend denial.
MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend to the
City Council denial of variance request, VAR #93-29, by St.
Philip's Lutheran Church, per Section 214.05.06.A of the Fridley
Sign Code, to increase the size of an institutional sign from 32
square feet to 70 square feet to allow the existence of two signs
on the property on Outlots 1 and 2, Block 2, Moore Lake Highlands,
4th Addition, generally located at 6180 Highway 65 N.E.
IIPON A�VOICE VOTE, ALI� VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated there is a possibility of this item being
scheduled on December 1, 1993, at the Truth and Taxation meeting.
She stated she will confirm this with the City Manager. The other
Council date is December 13.
Ms. Prasek stated December 1, 1993, would be preferable.
3.
KLAPHAKE:
Per Section 205.04.06.A.(7) o
increase the height of a fence
to 6 feet to allow the constru
yard on Lot 8, Revised Auditor'
being 6664 East River Road
MOTTON by Mr. Kuechle, seconded by
reading of the public hearing notice
the Fridley Zoning Code „ to
in the front yard from 4 feet
tion of a fence in�the front
� Subdivision No. 23, the same
. Beaulieu, to waive the
� open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRP R30N SAVAGE DECLARED THE
MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated the property is locat d on the west side of
East River Road. The Banfill Locke Center f r the Arts is located
directly to the north. The property is zon d R-1, Single Family
4N
Pa�ks
Streets
�da ntenancc
ME MORANDUM
n��
TO: William W. Burns, City Manager ,� PW93-457
.
FROM: John G. F1ora,rPublic Works Director
DATE: December 1, 1993
SUBJECT: MSAS Signal Variance Request
We have been advised by the Municipal State Aid Office that the Cit}/s request for�3�c of �
off-system funds for signal installation on University Avenue cannot be supported because
the MNDOT plans were not reviewed by the State Aid office. Accordingly, we need to
issue a variance request from the Rules in order to obtain funds for the signal installation.
The attached resolution requests a variance of the State Aid Rules as they apply to project
approval so that appropriate funds for the signal improvements at 53rd, 57th, 69th, Osborne
and 81st Avenues on Highway 47 (University Avenue), as well as the 53rd and 73rd
intersections on Highway 6S (Central Avenue) can be obtained.
Recommend the City Council approve the attached resolution so that we may process the
funding variance request.
JGF:cz
Attachment
5
�
.
•.. �
RE80LUTIaL�T 1�U. - 1993
i•,� • � •� •�a� � �_ � � • • �• a+� •,� �� i i�: i v• �- � ������i� •
• ti ••'.IV• •' � • ` •1 Y• • /� • •'�i' • •l ti •JI �i'/• ' �1•
� :�� � i i�•.• i �� r r• � i• •,• a+ i�+ �
� ��
WI�REA3, plans, specifications and agreements were prepared by MN/DUT for rnnnerous traffic
signal improvements along T.H. 47 and T.H. 65 in Fridley noted as follows:
I,ocation
73rd Ave @ �i 47
and 'IH 65
TH 47 @ 61st, 69th,
Osl�orne, ar�ci 81st
TH 65 - 52nd to 53�1
'IH 47 @ 531�d, 57th,
and 61st
Agr�ment
No.
70256
67929
68243
69741
Present
SAP No's
127-307-10
127-308-02
127-010-11
127-010-05
125-319-02
127-010-10
127-319-03
127-301-03
127-3Q2-12
using M�icipal State Aid and Off-System F'unds; and
State Proiect No's
SP 0205-57 (TH 47) &
0207-57 (ZH 65)
CS 0205
SP 0207-54
0205-62 (53�1)
0205-63 (57th arxl 61st)
�.S, Minnesota Rules, Chapte.r 8820.2800, Subp. 2 reads in part "... only those
projecks for which final plans are a�raved by the State Aid Eng�neer before awan�ing a
contract... are eligible for State-Aid Construction Ft,uids."; and
�AS, the City of Fridley was not aware that NIl�T/DOT had not sutenitted their plans to
the State Aid Offioe for reviera and appraval; and
W�AS, the City is relying on "State Aid Cbnstruction Ftuids to fis�x� the City's total
costs of the abvve mentioned signal imprc�ve�nents, including, but not limi.ted to,
interconnects, �ency vehicle pre-eng�tion, lighting and inte�rnally lit street name
signs; and
WI�,S, the City will be severely eoonoanically iYt�pact:ed withvut the anticipated State Aid
fundincJ-
Ia7W, '�ORE, B� IT RF50LVID �T, the City Council of the City of Fridley, Anoka
County, Minnesota, does hereby request � variaizce frcen NIld/DOT rules for State Aid
operations p�azsuant to Chaptc�x 8820.3300 froan said Chapter 8820.2800, Subp. 2 as noted,
aryd requests the abave City costs be totally rein�.irsed to the City of Fridley frc�n the
State Aid Construction Furyd.
- �+� � �� • .• • :�� u:i� •� n r • � r•i� a • � • r. . �:� : � � • � �,���; r. �•
f• M '��A
WILLSAM A. C�I�NlI'A - CITY C,LERK
5A
WILLIAM J. NEE - MAYOR
Fn;�neenng
Sewer
water
Pa!k,s
Streets
Maintenancc
ME MORANDUM �
TO: William W. Burns, City Manager .�� PW93-458
�
FROM: John G. F1ora,�Public Works Director
Scott Erickson, Asst Public Works D'uectord �.
DATE: December 1, 1993
SUB7ECT: Street Improvement Project ST. 1993-1&2: Change Order No. 2
Additional work was required to complete the 1993 street reconstruction projects. The e�ra
work is attributed to unforeseen conditions and additional quantities added to the contract.
Retaining walls were installed at the end of Hathaway Lane and on 53rd Avenue just west
of Matterhorn to provide maintainable slopes at these locations. The cost to construct the
retaining walls was $11,745.
During construction of the Fire Training Center, pockets of poor soil were encountered
during grading and were necessary to be removed and backfilled with select material. The
cost to remove and replace the soils was $2,t100.
Eight catch basins needed to be relocated on Regis Drive. The catch basins were originally
going to be adjusted to the new curbing. Based on the configuration of the new street, it
was necessary to relocate the catch basins. The cost to relocate the catch baSins was
$12,800.
Two new catch basins were installed on Regis Drive to unprove drainage. In order to pipe
these catch basins to the nearest storm system; additional underground piping was necessary.
The cost to perform this work was $4,032.
Additional bituminous paving was required to extend a bike path at the new Moore Lake,
Beach parking lot. The additional cost to perform the work was �9,160.
It is recomrnended that Council approve Change Order No. 2 of the Street Improvement
Project in the amount of $39,737.
SE/JGF:cz
Attachment
�
�
.
. r. �
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FR{DLEY, MN 55432
December 1, 1993
Northwest Asphalt
1450 County Road 18
Shakopee, MN 55379
SUBJECT: Change Order No. 2, 1993 Street Improvement, Project No. ST. 1993-1&2
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your contract forthe 1993 Street Improvement
Project No. ST. 1993-1&2 by adding the foilowing work:
Addition:
PART Item
F 12 in. RCP
J Keystone wall
S Keystone wall
M Selected granular borrow
L Asphalt Path
F Reicate catch basin
TOTAL ADDITIONS
TOTAL CHANGE QRDERS:
Quanti
72 LF
468 SF
315 SF
250 CY
400 Ton
8 each
Price
56.00
15.00
15.00
8.00
22.90
1,600.00
Amount
4,032.00
7,020.00
4,725.Q0
2,000.00
9,160.00
12,800.00
$39,737.00
Original Contract Amount . . . . . . . . . � . . . . . . . . . . . . . . . . . $ 902,467.32
Contract Additions - Change Order
Na1 .......................................107,240.00
No.2 ................... .................. 39,737.00
REVISED CONTRACT AMOUNT . . . . �1,049.444.32
,
.�
Northwest Asphalt, Inc.
Page 2
Change Order No. 2
December 1. 1993
Submitted and approved by John G. Flora, Public Works Director, on the ist day of December,
�nnn •
�
r-
G. Flora, PE
irector of Public Works
Approved and accepted this day of_
N4RTHWEST ASPHALT, INC.
�.� -.� • ---r U- �
Thomas Kenney, Proj
Approved and accepted .this
CITY Of FRIDLEY
Wiiliam J. Nee, Mayor
William W. Bums, City Manager
1993 by
day of , 1993 by
.:
�
Enc,ineer�on
Sewer
water
Pa�ks
Sireets
�J'�aintenacc��
MEMORANDUM
TO: William W. Burns, Cit Manager �`��. PW93-455
Y o�
FROM: John G. Flora, �ublic Works Director
Scott Erickson, Asst Public Works Directord�,
DATE: December l, 1993
SUBJECT: 63rd Avenue Booster Station Project No. 260
The brick selected for the 63rd Avenue booster station exceeded the original contract
allowance by a total of $960. The Army has agreed to pay for the increase in the brick
allowance.
Recommend City Council approve change order No. 1 to the 63rd Avenue Booster Station
Project No. 250 for the amount of $960.
SE/JGF:cz
Attachment
%
�
�•
�.;
NOV-19--93 FR I 16 � 17 � l� v M.�A CONSllLT I NG ENG I NEERS FAX N0. 6126449446 P, 02
CO�iSUI�'1'YG �hCf�S
�IVlt fNGlNrFR1NG.
fNNRONMENTAt
�ttl�viCr�,ac
PtANN1NG
5r.�uCn��.at
StikvfYi.ti'G
TR.4FF1C
iRAN5POR7AT10N
1326 Ener��y Park Drive
St. Paul, MW SS1Q8
612-6L4-4389
Fax: 612•644-9446
9800 Shelqrd Parkwny
MinneapoCs, MN 55441
b12-546•0432
Fax: 612• `4�•6398
MEM4 TO:
FROM:
DATE:
SUBJECT:
FILE:
Scott Erickson, Assistant Public Works Director
John Hemming
November 19, 1993
63rd Avenue Booster Station Change Order No. 1
City Project No. 250
�: 11' 1
The Specificalions for the b3rd Avenue Booster Station require that the Contractor make an
allowance of :$30Q per thousand face °brick in his bid price.
When the exact brick style, color, and manufacturer are not specified, an allawance is used
to keep bidders on an even basis, due to the wide range of brick prices.
If the briek s��lecteti casts less than the allowance, the total cost difference is subtracted
from the contract price. If the brick selected costs more than the allowance, the total cost
difference is sidded to the contract price.
In this case, t�he bid allowance of $300 per thousand face brick was law. In total, roughly
9,000 :face br.ieks were used. The actual brick costs exceeded the specified bid allowance
by a total of $960.
Change Ordez No. l reflects the actual brick costs exceeding the bid allowance by $960.
JH:tp -
ooa-i9os.,��
7A
�
CHANGE ORDER
(Instructions on reverse side) No. 1
PROJECT: 63rd Avenue Flow Control and DATE OF ISSUANCE: November 9, 1993
Booster Station
OWNER: City of Fridley
(Name, Fridley, Minnesota
Address) OWNER's Project No. 250
CONTRACTOR: Richmar Construction, Inc.
7776 Alden Way ENGINEER:
Fridley, MN 55432 Maier Stewart and Associates, Inc.
1326 Energy Park Drive
CONTRACT FOR: 63rd Avenue Flow Control St. Paul, MN 55108
and Booster Station
ENGINEER's Project No. 685-004-30
You are directed to make the following changes in the Contract Documents.
Descriptien: Payment for the booster station face brick/block.
Purpose of Change Order: To account for the face brick/block e;cceeding the contract
allowance of $300/M by a total of $960.
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time
$ 346,400 March 1, 1994
days or date -
Previous Change Orders No. -- to No. -- Net change from previous Change Orders �
$ ---
a,y�
Contract Price prior to this Change Order Contract Time Prior to this Change Order
$ 346,400 March 1, 1994
� dayn ot date
Net Increase of this Change Order Net Increase of this Change Order
$ 960 ---
day�
Ccr.tract Price with all approved Change Contract Time with all approved Change
Orders . Orders
$ 347,360 March 1, 1994
day� or dat•
RECONII�IENDED: APPROVED: , APPROVED:. �
� ` . �' / % ' � � �: _s
By . By ,�� gy =� 4.=��'
Engineer - , j ' Owner Contract�Y
✓ �
EJCDC No. 1910-B-B (1983 Edition)
685-COM1 .250 6H5-004-30
�
Eng�neering
Sewer
Water
Pa�ks
Sveets
�v'a�n;en�nce
MEMORANDUM
TO: William W. Burns, City Manager �� PW93-459
d�
FROM: John G. Flora, Public Works Director
Scott Erickson, Asst Public Works Director�i
DATE: December 1, 1993
SUBJECT: Locke Park Filter Plant, Project No. 240: Change Order No. 1
At the November 1, 1993 Council meeting, Council awarded the Locke Park Filter Plant
Renovation Project No. 240 to NewMech Companies, Inc. for a project cost of $658,000.
This amount reflected a$35,000 deduct for NewMech not having to dispose of hazardous
sandblasting material. This change order provides the appropriate documentation to reflect
this deduction from the original bid amount.
Change Order No. 1 reflects a deduct of $35,000 to adjust the contract amount from
$693,000 to $658,000.
Recommend that City Council approve Change Order No. 1 of Locke Park Filter Plant
Renovation Project No. 240.
SE/JGF:cz
Attachment
:
� CHANGE ORDER
(Instructions on reverse side) No. 1
PROJECT: Locke Park Water Filter Plant DATE OF ISSUANCE: November 2, 1993
Refurbishing
OWNER: City of Fridley
(Name, 6431 University Avenue N.E. OWNER's Project No. 290
Address) Fridley, MN 55932
CONTRACTOR:
NewMech Companies, Inc. ENGINEER:MSA Consulting Engineers
1633 Eustis Street 1326 Energy Park Drive
St. Paul, MN 55108 5t. Paul, IyIId 55108
CONTRACT FOR:
Locke Park Water Filter Plant
Refurbishing ENGINEER's Project No. 685-003-20
You are directed to make the following changes in the Contract Documents.
Description: Handling and disposal of hazardous material for lead based paint.
Purpose of chanqe order: This chanqe order deletes the cost of hazardous material
handling and disposal for lead based paint. If the lead levels in the paint exceed the
EPA threshold for hazardous materials, the cost will need to be change ordered back into
the project. �
Attachments: (List documents supporting chanqe)
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time
$ 693,000.00
ays or ate
Previous Change Orders No.--- to No. --- Net change from previous Change Orders
$ 693,000.00
ays
Contract Price prior to this Change Order Contract Time Prior to this Change Order
$ 693,000.00
ays or ate
Net ��� (decrease) of this Change Order Net Increase (decrease)of this Change Order
$ 35,000.00
ays
Contract Price �vith all approved Change Contract Time with all approved Change
Orders Orders
$ 658,000.00 "
ays or ate
RECONI��SENDED: APPROVED: APPROVED:
g � �` ..� �� by -� � b �'"j .�.", �/.._�_,.-, ��y .
Y ,GL-cl'`"� � ���-e t Y -
�MSA Consu ting Engineers ty o Fri ey ' NewMec Companies, Inc. -
EJCDC No. 1910-8-B (1983
Edition)
�«-�ss.om (��2-2 bas-m3-2o
�J
�o
11
�
�
FOR CONCURRENCE BY THE CITY COUNCIL
�LECTRICAL
Enterprise Electric
637 West Larpenteur
Roseville MN 55113-6544
(�AS SERVICES
ACE Mechanical Services Inc
5217 190 LN
Wyoming MN 55092-9744
. Burnie Battle
Jim Harvey
C�. EN�YtAL GONTR.ACTOR-CQ�IMERCIAL
J M Bruggeman Companies Inc (5359)
420 E Co Rd D
Little Canada MN 55117-1218 James Bruggeman
EFH Co
160i E Hwy 13 #204
Burnsville MN 55337-6848
Mike Whalen
S'�FN�RAi cONTRACTOR_RESID��jTIAL
Dimensian Builders Inc (2b21)
6461 Riverview Ter NE
Fridley MN 55432-4265 Richard Morkrid
North Central Bui�ders (3763)
7401 42 Ave N
New Hope MN 55427-1219
Robert Norcross
Roggenbuck Ccistom Built Homes(6833)
514 7$ Ave
Spring Lake Park MN 55432-2704 Steve Roggenbuck
Sawhorse Builders (2382)
4740 42 Ave N
Robbinsdale MN 55422-1851
HEAT�NG
ACE Mechanical Services Inc
5217 190 Ln
Wyoming MN 55092-9704
Jakes Service Inc
1600 85th Ave NE
Spring Lake Park MN SSG�32
Dave Dahl
Jim Harvey
Jake Pyles
11A
LICENSES
STATE OF M1I�TN
� GARY FORD
BldglMech Insp
TH4MAS BLAZINA
Ciuef Bldg Ofcl
.Sasne
STATE QF MINN
Same
Same
Same
GARY FORD
Bldg/Mech Insp
Same
PLUMBING
Gavic & Sons Plumbing
12725 Nightengale St NW
Coon Rapids MN 55448-7054
Piper Plumbing Inc
1096 E Minnehaha
St Paul MN 55106-4622
Plumbing Service Center
9261 Davenport St NE
Blaine MN 55449-4348
SIGN ERECTOR
Midway Sign Company Inc
444 N Prior Ave
St Paul MN 55104
Paul Gavic
Joseph Edholm
Breck Ogren
David Zanaitsch
=
STATE OF MINN
Same
Same
Same
11C
12