09/26/1988 - 5037OFFICIAL CITY OOiJNCIL AGEDIDA
aDLJNCZi, MEE��II�U
SEPPII�ER 26, 1988
FRIOLEY CITY COUNCIL MEETIN6
PLEASE SIGN NAME ADORESS AND ITEM NUMBER INTERESTED IN OJ1TE: September 26, 1988
I�AME ADDRESS ITEM NUMBER
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SEPTEMBER 26, 1988
The following are the "ACTIONS TAKEN" by the administration for
your information.
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PRESENTATION OF DONATION:
, Fridley VFW Post 363
Fridley VFW presented a check for $11,500 to the
Fridley Fire Department
APPROVAL OF MINUTES:
Council Meeting, September 12, 1988
Council Meeting, September 19, 1988
Approved
ADOPTION OF AGENDA:
Add: Proclamation for Nasim M. Qureshi, City Manager
Resolution #82-1988 for Nasim M. Qureshi adopted
CITY MANAGER'S OFFICE --ACTION TAKEN: Forwarded to Historical
Society along with other documents given Nasim by the Council
Consideration of an Agreement for Water Easement
for N.W. Ortho Clinic
Consideration of Contribution to AMM
Consideration of Selection of Carpet for
Civic Center
OPEN FORUM, VISITORS:
No response
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Council Meeting, September 26, 1988
PUBLIC HEARING•
Page 2
Public Hearing on the Review of a Special Use
Permit, SP #85-01, by Community Options ....... 1- 1 S
Opened at 7:50 p.m. Closed at 8:50 p.m.
COMMONITY DEVELOPMENT--ACTION TAREN: No action needed
NEW BUSINESS•
Consideration of First Reading of an Ordinance
Adopting the Budget for the Fiscal Year 1989 ..... 2
Approved
CENTRAL SERVICE--ACTION TAREN: Item was on the
next agenda for consideration of second reading
Receiving the Minutes of the Planning Commission
Meeting of September 14, 1988. ....... 3- 3 AAA
Received
A. Consideration of a Special Use Permit,
SP #88-12, to Allow an Air Conditioning,
Heating and Electrical Contractor Office
in an S-1, Hyde Park Neighborhood, Zoning
District on Lots 27 and 28, Block 12,
Hyde Park, the Same Being 5973 - 3rd
Street N.E., by Donald Dickson .............. 3H-3K
Plannina Commission Recommendation• Approval & 3Q-3EE
with Stipulations 3BB-3FF
Council Action Needed: Consideration of
Recommendation
Approved with stipulations
COMMUNITY DEVELOPMENT--ACTION TAREN: Petitioner notified of
Council approval with stipulations as amended at Council Meeting
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Council Meeting, September 26, 1988
NEW BUSINESS LCONTINUED):
(PLANNING COMMISSION MINUTES CONTINUED)
Page 3
B. Consideration of a Resolution Approving
a subdivision, Lot Split, L.S. #88-04, to
Split a 4 Foot by 50 Foot Triangle Off
the Southeasterly Corner of Lot 2, Block 2,
Marian Hills Second Addition to be Combined
with the Property to the East, Lot 1, Block
2, Marian Hills Second Addition, All to
Correct a Certificate of Survey Done in
1969, Generally Located at 1350 52nd Avenue
and 1340 52nd Avenue, by Stanley and Phyllis
Prokopowicz .... .......................... . 3G-3H
Planning Commission Recommendation: Approval 3GG-3NN
with Stipulations
Council Action Needed: Consideration of
Recommendation
Resolution #83-1988 adopted with attached Exhibit A
COMMUNITY DEVELOPMENT--ACTION TAREN: Petitioner notified of
Council approval with stipulations.
C. Consideration of Supporting Systematic
Code Enforcement in the City of Fridley ...... 3K-3L
COMMUNITY DEVELOPMENT--ACTION TAREN: Referred to staff for
proposal in consultation with City Attorney's Office, and will
submit to Council at future Conference Meeting
Item from the Appeals Commission Meeting of
Meeting of August 30, 1988
A. Consideration of a Variance, VAR #88-22, to
Reduce the Side Yard Setback from 15 Feet to 5
Feet; to Reduce the Rear Yard Setback from
25 Feet to 7 Feet; to Reduce the Minimum
Hardsurface Setback from a Public Right-of-way
from 20 Feet to 7 Feet; to Reduce the Minimum
Hardsurface Setback from 5 Feet to 0 Feet at
the Side Lot Line, to Allow an Air Conditioning,
Heating and Electrical Contractor Office on
Lots 27 and 28, Block 12, Hyde Park, the Same
Being 5973 - 3rd Street N.E., by Donald
Dickison .. . .............. ............... 3S-3AA
Appeals Commission Recommendation: Approval 300-3AAA
with Stipulations
Approved all variances except one with stipulations
COMMONITY DEVELOPMENT--ACTION TAREN: Petitioner notified
of Council approval with stipulations
Counci.l Meeting, September 26, 1988
NEW BU�SINESS (CONTINUED) :
Page 4
Considleration of Receiving Bids and Awarding the
Contra.ct for the Moore Lake West Basin Aerator
Projec:t No. 182 (Tabled 9/12/88) . . . . . . . . . 4 - 4 E
R�.eceived and awarded to low bidder Sevcon Inc.
f'or $15, 476
PUBLIG WORRS--ACTION TAREN: Notified residents on Moore Lake what
the ae.rator will accomplish and how the City will try to minimize
the visual impact and send map
Consideration of a Resolution Ordering
Preliminary Plans, Specifications and
Estimates of the Costs Thereof: Water,
Sanitary Sewer & Storm Sewer Project
No. 183 . . . . . . . . . . . . . . . . . . . . . . 5 - 5 B
Resolution #84-1988 adopted
PUBLIC WORRS--ACTION TAREN: Proceeded as authorized
Consid�eration of an Amendment to the Solid
Waste ,Abatement Joint Powers Aqreement 1988-89 .... 6- 6 H
A�pproved
COMMUN;ITY DEVELOPMENT--ACTION TAREN: Proceeding as authorized
Council Meeting, September 26, 1988 Page 5
NEW BUSINESS (CONTINUE � :
Consideration of a Resolution Signing an
Agreement for Certain Employees Represented
by Local No. 49, AFL-CIO (Public Works)
for 1987 - 1988 . . . . . . . . . . . . . . . . . 7 - 7 Z
Resolution #85-1988 adopted
CITY MANAGEMENT--ACTION TAREN: Proceeded as authorized
Consideration of a Resolution Authorizing
Payment of Lump Sum Payments to Certain
Employees Represented by the International
Union of Operating Engineers, Local No. 49,
AFL-CIO for 1988 and 1989 . . . . . . . . . . . . 8 - 8 C
Resolution #86-1988 adopted
CITY MANAGEMENT--ACTION TAREN: Proceeded as authorized
Consideration of a'Resolution Designating Official
Signatures for the City of Fridley ....... 9- 9 A
Resolution #87-1988 adopted
CENTRAL SERVICB--ACTION TARBN: Proceeded as authorized
Council Meeting, September 26, 1988 Page 6
NEW BUSINESS (CONTINUED):
Claims . . . . . . . . . . . . . . . . . . . . . . 10
Approved
CENTRAL SERVICE--ACTION TARFN: Paid claims
Licenses . . . . . . . . . . . . . . . . . . . . . 11 - 11 A
Approved
CENTRAL SERVICE--ACTION TARBN: Issued Licenses
Estimates . . . . . . . . . . . . . . . . . . . . . 12 - 12 E
Approved
CENTRAL SERVICE--ACTION TAREN: Paid estimates
Consideration of an Agreement for Water Easement for
N.W. Orthopedic Clinic . . . . . . . . . . . . . . . 13
Approved
PUBLIC WORRS--ACTION TAREN: Proceeded as authorized
Consideration of Contribution to Association of
Metropolitan Municipalities . . . . . . . . . . . . 14
$1,000 authorized to ANIlK
CENTRAL SERVICE--ACTION TAREN: Proceeded as authorized
Consideration of Selection of Carpet for
Civic Center. . . . . . . . . . . . . . . . . 15
Approved carpet in original specifications
COMMONITY DEVBLOPMENT--ACTION TAREN: Proceeding
as authorized
Juan Salas - Soccer Field at Locke Park - will
submit a letter to the City Manager. Advised
him to go to the Park & Recreation Commission
Adjourn: 10:12 p.m.
a:\wp\AT0926.DOC
Council Meeting, September 26, 1988
PUBLIC HEARING•
Page 2
Public Hearing on the Review of a Special Use
Permit, SP #85-01, by Community Options ....... 1- 1 S
NEW BUSINESS•
Consideration of First Reading of an Ordinance
Adopting the Budget for the Fiscal Year 1989 ..... 2
Receiving the Minutes of the Planning Commission
Meeting of September 14, 1988 . . . . . . . . . . . . . 3 - 3 AAA
A. Consideration of a Special Use Permit,
SP #88-12, to Al1ow an Air Conditioning,
Heating and Electrical Contractor Office
in an S-1, Hyde Park Neighborhood, Zoning
District on Lots 27 and 28, Block 12,
Hyde Park, the Same Being 5973 - 3rd
Street N.E., by Donald Dickson .............. 3H-3K
Planning Commission Recommendation: Approval & 3Q-3EE
with Stipulations 3BB-3FF
Council Action Needed: Consideration of
Recommendation
_ - -___
Council Meeting, September 26, 1988
NEW BUSINESS LCONTINUED):
(PLANNING COMMISSION MINUTES CONTINUED)
B. Consideration of a Resolution Approving
a subdivision, Lot Split, L.S. #88-04, to
Split a 4 Foot by 50 Foot Triangle Off
the Southeasterly Corner of Lot 2, Block 2,
Marian Hills Second Addition to be Combined
with the Property to the East, Lot 1, Block
2, Marian Hills Second Addition, All to
Correct a Certificate of Survey Done in
1969, Generally Located at 1350 52nd Avenue
and 1340 52nd Avenue, by Stanley and Phyllis
Prokopowicz .... ............................. 3G-3H
Planning Commission Recommendation: AQbroval 3GG-3NN
with Stipulations
Council Action Needed: Consideration of
Recommendation
C. Consideration of Supporting Systematic
Code Enforcement in the City of Fridley ...... 3K-3L
Item from the Appeals Commission
Meeting of August 30, 1988
A. Consideration of a Variance, VAR #88-22, to
Reduce the Side Yard Setback from 15 Feet to 5
Feet; to Reduce the Rear Yard Setback from
25 Feet to 7 Feet; to Reduce the Minimum
Hardsurface Setback from a Public Right-of-way
from 20 Feet to 7 Feet; to Reduce the Minimum
Hardsurface Setback from 5 Feet to 0 Feet at
the Side Lot Line, to Allow an Air Conditioning,
Heating and Electrical Contractor Office on
Lots 27 and 28, Block 12, Hyde Park, the Same
Being 5973 - 3rd Street N.E., by Donald
Dickison .. . .............................. 3S-3AA
Appeals Commission Recommendation: Approval 300-3AAA
with Stipulations
Page 3
Council Meeting, September 26, 1988
NEW BUSINESS (CONTINUEDL:
Page 4
Consideration of Receiving Bids and Awarding the
Contract for the Moore Lake West Basin Aerator
Project No. 182 (Tabled 9/12/88) . . . . . . . . . . . 4 - 4 E
Consideration of a Resolution Ordering
Preliminary Plans, Specifications and
Estimates of the Costs Thereof: Water,
Sanitary Sewer & Storm Sewer Project
No. 183 . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5 B
Consideration of an Amendment to the Solid
Waste Abatement Joint Powers Agreement 1988-89 .... 6- 6 H
Council Meeting, September 26, 1988 Page 5
NEW BUSINESS (CONTINUED,):
Consideration of a Resolution Signing an
Agreement for Certain Employees Represented
by Local No. 49, AFL-CIO (Public Works)
for 1987 - 1989 . . . . . . . . . . . . . . . . . 7 - 7 Z
Consideration of a Resolution Authorizing
Payment of Lump Sum Payments to Certain
Employees Represented by the International
Union of Operating Engineers, Local No. 49,
AFL-CIO for 1988 and 1989 . . . . . . . . . . . . 8 - 8 C
Consideration of a Resolution Designating Official
Signatures for the City of Fridley ....... 9- 9 A
Council Meeting, September 26, 1988 Page 6
NEW BUSINESS (CONTINUED):
Claims . . . . . . . . . . . . . . . . . . . . . . 10
Licenses . . . . . . . . . . . . . . . . . . . . . 11 - 11 A
Estimates . . . . . . . . . . . . . . . . . . . . . 12 - 12 E
Adj ourn :
THE MINUTES OF ZiiE FRIDLEY CITY Q7IJNCIL ME'�I'ING OF'
SEPTEI�IDER 12, 1988
THE A'LLNCI�!'ES OF THE REC�(JLAR MEETING OF 'PfiE FRIDLEY CITY OOUNCIL OF SEPTEI�ER
12, 1988
Tt�e Regular Meeting of the Fridley City Council was called to order at 7:42
p.m. by Mayor Nee.
PLIDGE OF AL�LE�GIANC� •
Mayor Nee led the Council and audience in the Pledge of Allegiance to the
Flag.
ROLL CALI.,:
MEN�BERS PRESENT: Mayor Nee, Councilman Billings, Councilman
Fitzpatrick, Councilman Schneider and
Councilwanan Jorgenson
MEI�FRS ABSENT: None
APPROVAL OF DZINUTES:
SPECIAL C1�LTNCIL ME,�,TING, AUGUST 19, 1988:
Councilrnan Billings rec�uested that under Item 1, 4:00 p.m. be changed to
3:00 p.m. and Richard O'Neill's name be added af ter Patrick Reilly.
MOTION by Councilman Scizneider to approve the minutes with the an ove
correction. Seconded by Councilwoman Jorgenson. Upon a voice vote, all
voting aye, Mayor Nee declared the rrotion carried unan.u�ously.
OONrIIVUF.D SPECI�L OOUNCIL MF�,�I'ING. AUGUST 20. 1988:
Gouncilman Billings requested Terry Sharp's name be added as one of the
candiaates who was re-interviewed.
DIOTION by Councilman Schneider to apprave the minutes with the a.bove
correction. Seconded by Councilwoman Jorye.�son. Upon a voice vote, all
voting aye, Mayor Nee declared the mation carried unanimously.
RF�G[1I,AR tX3C1i1CIL MEETT7i�, AUGUSi' 22. 19 88 :
Councilman Biliings requested a correction an Page 8, regarding special use
pernu t, SP #88-08, that he voted against the motion to grant this permit.
MOTION by Councilman Fitzpatrick to apprave the minutes with the above
correction. Seconded by Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the r�ntion carried unanunously.
C�ONI'INUID SPECIAL CJOUNCIL MEETING, AUGUST 29 , 19 88 :
MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilwcman Jorgenson. Upon a voice vote, all voting aye,
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Anyor Nee declared the n�tion carried unaninx�usly.
INrRODUCTION OF NEVJ CITY MAI��ER:
Mayor Nee introduced the new City Mariager, Dr. William Burns, who will sper�d
a r,r�ntn in indoctrination before assuming his duties as City Manager.
MO'I'ION by Councilm�n Scnneicier to authorize execution of the employment
contract with William W. Burns and approve payrrient of iroving and relocating
e,xpenses. Seconded by Councilman Fitzpatrick. Upon a voice vote, all
voting aye, Mayor Nee declared the nx�tion carried unanuriously.
ADOPTION OF AGF�IDA•
Councilman Sct�neider requested the follaving item be added to the agenda:
(23) O�nsicieration of Restoration of the Nbore Lake Water Level.
MOTION by Councilman Fitzpatrick to adopt the agenda with the above
addition. Secondeci by Councilman Schneider. Upon a voice vote, all voting
aye, blayor Nee declared the motion carried ur��nunously.
OPEN FORUM, VISITORS:
SOIL REFORT FOR THE AFtF'.A OF HORIZON CIRCLE:
i�Sayor Nee stated the City has receiveci the report frcm Braun Enc�ineering on
the soil san�les taken ir. the area of Horizon Circle.
I�Y7TION by Councilman Fitzpatrick to receive the report on the soil samples
frcrl Braun Engineering. Seconded by Councilwcinan Jorgenson. Upon a voice
vote, all voting aye, Mayor IVee declareci the mption carried unanimously.
Mr. Flora, Put�lic Works Director, stated a.bout a month ago, the City
received inforn�ation fran residents on Horizon Circle regarding problems
with their hanes. He stated Braun Engineering was retained to conduc t soil
sarn��les and analyze the soil characteristics. Mr. Flora stated ten soil
borings were taken along Horizon Circle, Horizon Drive, and 53rd Avenue. He
stated Mr. Rabert Janssen of Braun Engineering was here this evening to
review their report.
Mr. Janssen, representing Braun Engineering, stated his f irm was hired to
perform soii borings in the area of Horizon Circle in an effort to determine
tne soil encountered and the reasons for the problems experienced by
residents. He stated in their report they have outlined the conditions they
encountered, explained sane of the causes, arid renedial measures which could
be ta)cen.
Mr. Janssen stated soil borings were conducted in the roadway in front of
hanes experiencing scme settling. He stated what was f ound was a three to
six foot layer of fat clay interbedded with sandy materials. He stated fat
clays are subject to shrinking and with the drought, shrinkage has occurred.
bir. Jansen stated, in most cases, large trees were observed near the portion
of the structure where rmst of the settling has occurred. He pointed out
that trees can absorb as much as 100 gallons of water per day.
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FRIDLEY CITY QOUNCIL MEE,'TING OF SEPTII�ER 12. 1988
Councilir�an Schneider asked for a definition of fat clay.
Mr. Jansen stated fat clay has extrenely fine grain garticles and based on
te�ts �erfo�ned, it was found that witlz just a 15 percent reduction in water
content, in soils 4 feet thick that contain 65-70 percent water content, as
much as four inches of shrinkage could occur. He sta.ted s�ne of the clays
tested exh.i.bited 60-70� m�isture content. Mr. Janssen stated soil borings
were done only in the roadway so he did nr�t knaN the moisture content next
to the hcmes.
Mr. Jansen stated a solution to the prcablan, which irrvolves scme risk, is to
replace the water in the clay. He stated if the water is replaced, it would
tend to swell to the clay's natural voltune. He stated this method has been
used in Chicago, Green Bay, and Canada where these conditions are more
typical.
Mr. Janssen stated another alternative is to remave the trees. He stated
fran their observations, the hames where most of the cracking has occurred
have rather large trees. He stated with renaval af the trees, this may be
st:fficient to allaa the clays to regain their moisture content.
Mr. Janssen stated another alternative would be to cut a trench between the
trees anci structure in order to renove the existing roots and replace the
trench with clean sand and same polyurethane lining which would not allaw
Lne roots to graa.
Mr. Janssen stated still another alternative is to drill four to six inch
auger holes into the clay, spaced at five foot intervals around the home,
and bacitfill the Yu�les with a granular type sand ar� gravel, and then water
the clay to allaw it to swell. He stated to reduce the risk of wet
basenents, as a result of adding this water to the clay, he would recommend
installing sane PVC pipe. Mr. Janssen stated this alternative would require
the haneawner, when there is a ciry period, to water the holes to increase
the moisture in the clay. He stated there is the risk it may npt work or it
may overswell. He stated he would suggest scme gauges to monitor the rate
of swel l ing.
A1r. Janssen stated if the founcl,ation aF a home is extended belaw the clay
(underpinning) , it would rsnedy the prc�blan so hcnieowners would not have to
worry in the future.
A gentlanan in the audience asked if statistics were available on whether
these alternatives would work.
Mr. Janssen stated there has been much success in other areas of the country
wieh underpinning. He stated tt� auger hales and replacing the water in the
clay has not always prwed successful.
Mr. Janssen stated the clay thickness in the area varies f ran 3 to 6 f eet
and the depth varies fran 5 feet to 18 feet. He stated it is ii�ortant f or
each individual hanec7wn,er to detennin�e exactly where the clay is located.
Mr. Janssen stated of the ten soil borings taken, clay was encountereci in
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°IDL,EY CITY C'IJUNCIL MF�,'TING OF SEPTF�]BER 12, 1988
six.
A gentl anan in the audience asked what was unique about this area f or this
type of clay to be found in the soil.
Mr. Janssen stated you generally have a silty clay, hcaaever, this f at clay
is usually fran a la}ce deposit.
A gentlanan fran the audience stated he heard there was an underground creek
in this area and when excavation was done for the basenents of these homes,
they filled up with water.
Mr. Janssen stateci he would not be sur�rised if there was a perched water
condition on top of the clays. He stated this was not encountered withir.
the depths of their soil borings.
Councilw�anan Jorgenson stated one of the alternatives suggested was to
ren�ove the trees. She asked D1r. Janssen if he was referring to the
boul evard trees or trees within a close proxunity of the haries.
I�Ir. Janssen st.ated a typical rule of thl,unb is to ranove any trees tnat are
within a tree length of a structure. He felt if the trees were renwed, the
clays would, in time, swell back to their natural volume. Mr. Janssen
stated trie trenchiny would accamplish about the same as remwing the trees,
since it would ctisallow the roots to grav next to the foundation.
Councilman Schneider asked if the trees would have to be removed, if the
auger riole alternative was cnosen.
Mr. Janssen stated by replacing the water in the clay, there would be eiwugn
for the trees, assLmling the auger iwles are maintained which would require
the use of 15 to 100 gallons of water a day.
A gentl enan in the audience asked if certain trees absorb more water.
N;r. Janssen stated pine trees will, generally, absorb the least �nount of
water and the leafy trees absorb the most water.
i�1r. Flora, Publ ic Works Director, reviewed the resul ts of the ten soil
boring tests. He stated fran these tests, it is apparent that two of the
homes were built in the Clay and the remaining homes have some clay
sanewhere below the footings.
A gentl�ti,n in the audience asked if the construction being done on the
freeway could t�ave drained the area.
Mr. Janssen stated there were sa�r�e pile driving being done in the freeway
area and studies have shavn that these drivings have nr� affect on the clays
and satxls.
A lady ir. the audience asked if these soil borings could be used. to proceed
in having the probl ans corrected or if each haneaaner would need additional
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FRIL)LEY CITY QOiJNCI.L MEE.TING OF SEPTII�ER 12, 1988
soil borings.
Mr. Janssen stated in the area tested, clay was found in 60 percent. He
felt it would be advisable for the hcmeavners to have additional testing,
paxticularly in the areas where clay was encountered.
The hanecxNner at 148 Horizon Circle stated hen c�me is built an the clay and
asked hav this happened.
Councilwarian Jorgenson asked staff if soil samples are taken for residential
housing.
Mr. Flora stated they are not, as you do not have that much weight for a
typical residential structure. He stated in any of the larger structures,
su�h as apartment canplexes, soil borings are taken.
Mr. Janssen stated structures are built on clay, however, this type of clay,
or e�tr�nely high plastic clays, are susceptible to shrinking and swelling.
A la.dy in the audience asked if special footings are nee�ied in clay.
Mr. Janssen stated unless the contractor feels there is a prablem with
builcling capacity or settling, generally the same type of footings are
installed as in �ny other soil. He stated it is difff icult to detennine
this clay fram another clay. He stated very seldan soil borings are taken
for a single family hane.
Mr. Janssen stated it is important that repairs r�t be undertaken until the
ha'�eavner is sure of the approach he wishes to follaa.
Mr. Flora stated an option may be for the hcmeowner to consider insulating
the foundation for the winter and installing same auger holes. He stated
assLUniny this works, t,he clay should extend to its original condition and
then the hameaaner can evaluate if anything further has to be done.
Mr. Janssen stated if the hcn�arvners begin with the auger holes, it is a
relatively cheap aption in canp�ariscan to the underpinn.ing and the clays may
swell to their natural state. He stated if this did not work, other
alternatives could be considered by the hameaaners.
A laciy in the audience asked Mr. Janssen if he felt this was a sinkhole cr
hazardous area.
Mr. Janssen stated he feels it is hazardous wher�ever structures are built on
fat clays, but would not classify it as a sinkhole. He stated a sinkhole is
a void beneath the structure and the hanes do not have a void, but shrinkage
due to loss of iroisture.
Councilman Schneider f el t it may be helpf ul to prwide a non-technical
explanation of the al ternatives and make this available to the residents.
Mayor Nee felt sane est�mates for the types of alternatives discussed should
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FRIDLEY CITY Cl�LTNCIL MEErING OF SEPTEI�ER 12, 1988
be made available.
�uncilwanan Jorgenson requested staff to checic on the possibility of a
reduced or gro� rate for soil samples and if there might be a reduced rate,
if the residents wished to drill auger holes.
The Council scheduled a special meeting f or Monday, September 19, 1988 at
7:30 p.m. at the CaYUnunity Fducation Center to discuss tliis issue further.
PROBLF�IS AT SHOR�WOOD INN •
Mr. Nicklaw, aaner of the Shorewood I.nn, stated his business has experienced
a n�unber of pr�ulc-�ns since construction started on the project to the north
of tzis establishment. He introduced Yvonne Tauer to report what has taken
place wer the last several weeks.
Ms. Tauer stated since construction began, adj acent to the Shorewood Iru�,
there l�ve beer� five electrical failures necessiting the need for thert to
reset all their equi�znent which is a nuisance, as well as an expense. She
stated they t�ave been without water at the restaurar.t several times. Ms.
Tauer stateci the most recent occurrence was the flood.ing of their basement
with raw sewage. She stated this not only caused a bad odor, but ruined
their supplies.-
Ms. Tauer stated there are also probla,ls with access to the Shorewood Inn
due to the construction. She a_uestioned what could be expected ir� the
future and the length of the construction period. Sne stated they also wish
to avoid ariy recocurrence of the problans they have had in the past.
Mr. Nic�c.lc�a stated he understands this is a large project, but felt it would
be of benefit to all parties if there was better camiunication. He stated
they have receivecl no crnununication fran aayone as to what they could expect
during this construction.
Mr. Qureshi, City NSa��ager, stated the road construction is un�ler the City' s
jurisdiction and N1r. Flora, Public Works Director, should be contacted
regarding any concerns or questions. He stated the City will pravide the
narne of the contractor and will advise th�n of the prc�blems with the sewer
line so another backup does not re-occur. Mr. Qureshi stated he would
request staff to work with Mr. Nicklaw on signage that would be helpful to
th�n in order to try and min�mize the impact on their business during this
construction period.
Mr. Nicklaa stated he is not here to camplain, but to let the City know what
pr�ablems they are experiencing.
PUBLIC HF�RSNGS•
1. PUBLIC HEARING ON 1989 BUDGET:
MCITION by Councilman Schneider to waive the reading of the public hearing
notice and open the public hearing. Seconded by Councilwaman Jorgenson.
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FRIDLEY CITY OOUNCIL ME�,'TING OF SEPTFI�'�ER 12. 1988
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unaninu�usly and the public hearing opened at 9:28 p.m.
Mr. Qureshi, City Mar�ager, stated this budget prwides for a General Fund of
$7;892,525 which is a 3.9 percent increase wer the 1988 budget. He stated
the same level of services would be pravided with sane minor acij ustment in
special operations in the Police f unctions. He stated a full-time Crime
Prevention Specialist and a Code Enforcenent Officer are authorized in the
budget.
Mr. Qureshi stated under Capital Impravanents, the Council has directed that
construction of another satellite fire station be scheduled for 1989, rather
than 1990, and is included in this budyet. He stated a firing range for the
Pelice Department is also pravided for in�the budget.
Mr. Qureshi stated funcls for a g3rk shelter in CYeekridge Park has also been
pravided which aan�unts to about $10,000.
Mr. Qureshi stated this year the State Legislature has changed the whole
levy calculation formula, referred to as tax capacity.
Councilman Schneider asked if this budget was based on mills, as ir� the
past, what would be the variatian as car►�ared to last year's budget.
Mr. Qureshi stated over the last several years, the Council's position has
been to maintain a mill rate between 14 and 15. I�e stated the present mill
rate is 14.992 and it is estimated this budget would be in the area of 15.3,
if mill rate was used in the calculations. He stated there are so many
variables, it is difficult to provide an exact figure. Mr. Qureshi pointed
out that the City last year received about 12.6 percent of the total taxes
collected and if this budget is adopted, the percentage will ranain in this
general area.
Councilman Schneider asked if there are f unds allocated for additional
wells. Mr. Qureshi stated the Utility Fund would provide for these wells
and it would not cane out of Capital Improvements.
Councilwanan Jorgenson stated the VFW Post 363 recently donated a pickup
t.ruck for a grass fire vehicle. She noted in the Fire Department budget,
funds were not included to pravide equignent for t,his vehicle.
Mayor Nee suggested possibly funds be used fran the Unappropriated Reserves
for 1988. He felt the truck should be adequately equi.pped.
Mr. Qureshi stated the Fire Department has an old grass fire vehicle that is
fu�ly equip�d and sane of this equignent will probably be used on the new
truck. He stated it has been sugggested that possibly sane organizations in
the City may contribute to this equipment. He felt if the City is to
provide all the equignent, funds frcm the 1988 budget should be used.
Mr. Aldrich, Fire Chief, stated there have been problems with the vehicle
th�y have as it is 30 years old. He stated the cost to equip the new truck
-7-
FRIDLEY CITY COUNCIL MEETING OF �EPTEI�ER 12, 1988
would be less than $10,000 which would include scme modification work.
Mr. Qureshi stated the specifications could be prepared ar�d quotes obtained.
He felt staff should also check tne possibility of donations to equip the
vehicle and if this cannot be acccmplished, the Council f und the equipment
fran the 1988 budget.
No persons in the aud.ience spoke regarding this proposed 1989 budget.
MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, May�r Nee decla.red
the motion carried u�animously and the public hearing closed at 9:48 p.m.
2. PUBLIC HF�RII�IG ON STREET IMPROJII��NI' PROJECT SI'. 1987-1:
MC71'IOIv by Councilrnan Fitzpatrick to waive the reading of the puL�lic hearing
notice and open the public hearing. Secondeci by Councilman Schneider. Ltpon
d voice vote, all voting aye, Mayor Nee declarect the motion carried
ur�u-�imously anci tne public hearing openeri at 9:48 p.m.
I�ir. Pribyl, Finance Director, stated this project involved a variety of
rruscelluneous projects in the City. He stated about half of the projects
were the final overlays fram previous projects, which have already been
assessed. He stated the one exception is the final overlay on the East
River Raad Service Drive f ran 51st to 53rd and �etitioned for by River Road
Irivestors. NIr. Pribyl stated the other half of the proj ects involved
projects on beYialf of the City itself such as construction of Camnunity Park
Parxing Lot II, an averlay of the Farr LaJce Bikeway/Walkway and an averlay
of the Ca�ur�ons Park Teruiis Courts.
DZr. Pribyl statea the total cost of these proj ects is $224, 928.65 and the
only property to be assesseci is River F.r�ad Irrvestors at a cost of $20, 750.
He stated the assessment will be spread aver a ten year period at an
ir.terest rate of 8-1/2 percent.
No persons in the aud.ience spoke regarding ttLis assessnent.
MOTION by Councilman Billings to close the public hearing. Secondeci by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor r�ee
declareci the motion carried unarLimously and tne public hearing closed at
9 :50 p.m.
3. PUBLIC HEARING ON 1988 SERVICE CJUI�II�IECTIONS:
M,7PION by Councilwaman Jorgenson to waive the reading of the public hearing
notice and open the public hearing. Seconded by Councilman Fitz�atrick.
Upon a voice vote, all voting aye, Nlayor Nee declared the motion carried
unanuriously and the public hearing opened at 9:50 p.m.
Mr. Pribyl, Finarice Director, stated each of these properties have connected
to-City water ar�d/or sewer without having previously gaid a lateral charge.
He stated all property avners irrvolved in this assessment roll have signed
�
FRIDLEY CITY QOiJNCIL MEEI'ING OF SEPTII�ER 12, 1988
agreanents agreeing to the principal of these lateral charges. Mr. Pribyl
stated the total ampunt to be assessed is $10,150.66 and will be spread aver
a 15 year period at an interest rate af 8-1/2 percent.
No persons in the audience spoke regarding this assessment.
M(7I'ION by Councilman Fitzpatrick to close the public hearing. Seconded by
Councilwaman Jorgenson. Upon a voice vote, alI voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing closed at
9:51 p.m.
4. PUBLIC HF�AR.ING ON STORM SEWE',R AI�ID WATER MAIN PRATECI' N0. 169:
MfJTION by Councilman Fitzpatrick to waive the reading of the public hearing
notice and apen the public hearing. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unaninr�usly and the public hearing opened at 9:51 p.m.
Mr. Pribyl, Finance Director, stated this project involved construction of
watermains to connect the mains servicing the businesses north of 694 with
the existing mains south of 694. He stated requests were received fran F1�C,
Maxwell Graphics, Longview Fibre, and LaMaur for installation of these
watermains. Mr. Pribyl stated the total cost of the project is $365,009.73
and the CiL'y's share is $160,880 which will be paid from the Water Utility
Fund. He stated a snall portion of this project irrvolved the extension of
an existing sto�n sewer systan to correct an erosion prablem on a slope on
Glen Creek Road and this portion of the project cost of $8,019 will be paid
frcm the Storm Water Utility Fund. Mr. Pribyl stated the cost will be
assessed wer a 20 year period at an interest rate of 8-1/2 percent.
No persons in the audience spoke regarding this assessment.
MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried �usly and the public hearing closed at 9:54 p.m.
5. PUBLIC HEAR.ING ON SI'RE�fi
TECT ST. 1988-1 & 2, ADDENDUM
MC7I'ION by Councilman Schneider to waive the reading of the publ ic hearing
notice and open the public hearing. Seconded by Cbuncilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unaniirx�usly and the public hearing opened at 9:54 p.m.
Mr. Pribyl, Finance Director, stated this project involved the decorative
stxeet lighting on Viran Road and the widening of Hiqhway 65 East Senrice
Drive f ran 73rd Avenue to the north side of 73-1/2 Avenue; and installation
of curb and gutter along the west side of Viron Rraad.
Mr. Pribyl stated petitions were received fran the property aaners for these
�mprov�nents ar�d the total cost of the proj ect was $52 , 096 which wil l be
assessed wer a 10 year period at an interest rate of 8-1/2 per�cent.
�
FRIDLEY CITY COUNCIL MEErING OF SEF�EN�ER 12, 1988
No persons ir the audience spoke regarding this assessment.
MOTION by Councilman Schneicier to close the public hearing. Seconded by
Councilwaman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the mr�tion carried unanimously and the public hearing closed at
9:56 p.m.
OLD BUSINESS:
At this time, Item 7 was considered before Item 6 as both these items
involve the same property. Item 7 was the rezoning and Item 6 was a
variance.
7. ORDINANCE NO. 916 APPROVING A REZONING, ZOA #88-01, TO REZONE FROM R-3,
GFnrF'RAT. �,TIpLE DWELI,ING 'Ib CR-1, GEI�RAL OFFICE, ON PART OF i3OTS 2 AND 3,
AUDI�R' S SUBDIVISION N0. 25, 'li-� SAME BEING 1001 HILLWIND ROAD N. E. , BY
C�RYL STINSKI•
I�Ir. Rnbertson, C.armunity Develognent Director, stated the Council approveci
the first reading of this ordinance, with stipulations, at their August 8,
1988 r,leetirg. He stated the City Attorney was asked to review the process
for ur:�l �rienting Stipulations 2 and 3. Mr. Rnbertson stated the Council has
a copy of the City Attorney's response and suggestion to add Iteris 7 and 8
as a conciition of the rezoning.
D1r. Newman, Assistant City Attorney, reviewed Stipulations 7 and 8
pertaining to Restrictive Covenants and the Certificate of Occupancy.
Counciln�n Schneider stated ne understands the intent of Stipulation No. 8,
but if ttie building is constructeci and a Certif icate of Occupancy has not
been issued, an office building would be located on R-3 property.
Mr. Newman stated it would be a non-conforming use, however, it may be
necessary for the Council to extend that deadline of June 1, 1990.
Councilman Schneider stated once construction begins on the building, it
would be awkward f or the rezoning not to proceed.
Nir. Ne�nnan stated he is trying to give the discretion to the Council by
ad�iing Stipulations 7 and 8.
Mr. Rcabertson stated there is no on-street parking in this proposal. He
stated the petitioner brought in a copy of an agreement to provide the
entire �rking on-site.
Councilman Schneider stated Council requested a copy of the agreement with
the apa.rtment aaner regarding parking and asked if it was available.
Mr. Rabertson stated it was his understanding the Council was satisfied witri
the agreanent the petitioner has with the tenant. He stated he did not knav
the Council wished a copy of the agreenent with the apartment avner.
-10-
FRIDLEY CITY QOLTNCIL MEErING OF SEPI'E�4B�ER 12, 1988
Councilman Schneider asked if there was a problem with the parking haw it
would be resolved.
Mr. Newman stated it would be difficult. He stated he assumes bef ore the
plans are appraved, there has to be sufficient evider�ce that staff believes
there will be suffficient on-street parking.
Mr. Rr�bertsan stated there has been a change in the final bua.lding plans and
the square footage has been reduced fran 32,000 square feet to 28,000 square
feet.
Gouncilman Schneider asked if this building meets all the code requirements
for parking with the mixed use that is proposed. Mr. Robertson stated it
does meet all the requiranents. -
Councilman Billings stated the parking problem that could occur is when
Merrill Lynch Realty conducts their meetings with their sales
representatives. He felt with reducing the square f ootage, there is less
d� for parking by the other tenants. He stated the petitioner also has
an agre�nent with Merrill Lynch Realty that they would not use any more
�arking than what they were allotted. He felt also with the restrictive
cwenants it adequately protects the City.
Ms. Stinski, the petitioner, stated she did not have a signed agreenent, but
a verbal agreanent frcm the Resident Manager of the apartment complex that
they can use ten spaces, if they are need,�d.
b9ayor Nee stated the rezoning is contingent an certain restrictive cavenants
and if the Council appraves the second reading this evening and it is
publisheci, will or will r�t the property be rezoned.
Mr. Newn�an stated it is contract rezoning and rez oned f or this particular
use. He stated to make sure this is understood by any third party is why
the City is requiring the filing of the restrictive covenants. He stated
the rezoning, for all practical purposes, will take effect af ter the
Council's action to approve it, but the building permit will not be issued
until the restrictive cwenants are filed. He stated there are real estate
title questions to be considered a.nd if the financing should f all through,
the City is not encwmbering the property.
Councilman Schneider questioned if the City will either have ttlis particular
building or the property will remain as it is presently zoned. Mr. Newman
answered in the af f irniative.
MOTION by Cbuncilman Schneider to waive the reading and adopt Ordinance No.
916 on the second reading and order publication, with the following
stipulations: (1) the vacated house on the rezoned parcel shou].d be renaved
fram the site prior to the publishing of the rezoning ordinance; (2) the
proposed rezaning is for the c3.evelognent as outl ined on the attached si te
plans and elevations only; (3) the petitioner or her agent agrees to manage
the leasing of the office space in a fashion which would not create a need
for on-street Lxrking. Should on-street garking result, the City may sign
-11-
FRIDL�EY CITY OOUNCIL MEErE!'II�IG OF SEPTEI��ER 12, 1988
the street as "no parking" and require that additional stalls be made
available or the need be reduceci; (4) petitioner to work with staff on
landscape refinanents and have an agreed upon plan; (5) petitioner to supply
a sto�n drainage plan which r�ets staff apprwal; (6} petitioner to supply a
perforn�ance bond or letter of credit in the amount of three percent of the
construction value prior to issuance of a building permit; (7) that this
rezoning is contingent upon the property owner filing Restrictive Cavenants
against the subject property praviding f or the follawing; (a) that the
property will only be used for the construction of a building that fully
confozms with and canplies with those site plans and elevations which are c�n
file with the office of the Director of Ca�nunity Development for the City
of Fridley; and (b) that the property owner warrants that all tenants,
visitors, or occupants of ariy building constructed on the pr�ises will not
park in the street while using or visiting the building. Further, the avner
will take any and all steps which are r�ecessazy so as to insure that there
is not any on-street �rking; and ( 8) in the event that a Certif icate of
Occupancy is not issued on or before June 1, 1990 by the City for the
building described above, then this rezoning shall be automatically
terrrunated and the zoning classification for the property shall revert to
the original zoning classification of R-3, General Multiple Dwelling.
Secondeci by Councilwanan Jorgenson. Upon a voice vote, all voting aye,
D9ayor Nee declared the motion carried unarusnously.
6. CONSIDERATION OF A VARIANCE, VAR #88-03, TO REDUCE THE WIDTH OF THE
SCREENI.NG STRIP BEZWEEN CONI�4E'�RCIAL AI�ID RESIDEI�F!'IAL DISTRICI'S FROM 15 FEET TO
5 FF�E'P ON TE� EAST AI�ID NORTH SIDES OF THE PROPERTY '1'0 ALLOW Tf-iE OONSTRUCI'ION
OF AN OFFICE O�I�SPLEX ON L�OT l, BIACK 1, HILLWIND ADDITION, THE SAME BEING
941 HILLWI.I�ID ROAD N.E., AND ON LOT 3, AIJDI'IbR'S SUBDNISION N0. 25, THE SAN�
BEYNG 1001 HILLWII�ID RfiAD N. E. , BY CHERYL STINSKI:
MC7I'ION by Councilrr�an Schneider to concur witri the unanimous recommendation
of the Appeals Co�nmission and grant Variance, VAR #88-Q3. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, b7ayor Nee
declared the motion carried unanunously.
NEW BUSINESS•
8. CONSIDERATION OF SETTING PUBLIC HEARING FOR POSSIBLE REVOCATION OF SP
#77-04. APAC� CAMPING CFNI'ER:
Mr. Rrnertson, Gatununity Devela�nent Director, stateci staff was going to
suggest a public hearing date of October 3, 1988 regarding the possibie
revocation of th.is special use permit. He stated, harvever, that the owner
of Apache Camping Center will be on vacation at this t.ime and requested the
hearing be set for Octaber 17, 1988.
MOTION by Councilman Fitzpatrick to set a public hearing for October 17,
1988 for the possible revocation of Special Use PernLit, SP #77-04. Seconcied
by Councilwom,an Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the �tion carried unariunously.
9. �ISIDERATION OF AN EXTENSION OF A SPECIAL USE PERMIT, SP #86-15, 'I'� ALL�OW A
-12-
FRIDLEY CITY Q�iJNCIL MEE,TING OF �EPTE'.t�ER 12, 1988
Tp AI.,L,(7W AN AUI'QNI(JBILE PARKING I,OT FOR OFF-SPRF•ET PARKING
SPACES; TO ALdAW H ITALS, (3��INICS, NURSING HOMES, �NVALESCENT HOMES AND
HOMES FOR TEIE ELDERLY, TO EXTEND THE COMPLETION DATE OF STIPULATIONS TO
SEPTENID�E'12 30, 1989, BY NORTH SUBURB�AIV HOSPITAL DIS'I'RICT:
Mr. Robertson, Carmunity DevelaFxnent Director, stated the Council granted
special use permiz, SP #86-15, to the North Suburban Hospital District with
certain stipulations, several af which requi.red exterior improvenents to the
property by June 30, 1988. He stated due to delays in acquiring the
property, the District requested, and the Council agreed, to extend the date
for these impr�anents to be campleted to Septanber 30, 1988.
Mr. Rnbertson stated a request has rx�a been received from the District to
again extend the date by which the improvanents requi.red und�er SP #86-15 are
to be completed to September 30, 1989, as the District has not yet
determined whether they will be able to proceed with the renovation and
imprwanents to the church building an the property.
M�'I'ION by Councilman Billings to grant an extension until September 30, 1989
for completion of stipulations 1, 2, 3, 6, 7, 8& 9 under Special Use
Fennit, SP #86-15. Seconded by Cc�uncilman Fitzpatrick.
Councilwaman Jorgenson questioned Betty Wall as to haw their plans were
proceeding for the day care facility.
Ms. Wall stated they were ex�eriencing a lot of prcablans and it is r,�t clear
yet whether they would be able to proceed.
UR�N A VOIC� VCfrE TAKE',N ON TEiE ABWE NI7i'ION, all voteci aye, and Niayor Nee
declared the nlotion carried unanimously.
10. OONSIDERATION OF CHANGE ORDER NO. 3 FOR STREET IMPROVEMENT PROJECT ST.
1988-1 & 2: -
Mr. Flora, Public Works Director, stated this change order appraved by the
HRA at the Septanber 8 meeting is necessary to incorporate changes in the
signal systeqn at Rice C7eek Road and T.H. 65, which have been ordered by the
Minnesota Degar�nent af Transportation; and additional soil corrective work
in R.ice CYeek Road. He stated this change order will increase the cost of
the R.ice CYeek Raad proj ect by $52, 095 . 50 .
MC7I'ION by Councilman Schneider to apprave Change Order No. 3 for 552,095.50
with C.S. McCrossan Construction Co., Inc. for Street Improvement Project
ST. 1988=1 & 2. Seconded by Counci2wanan-Jorgenson. Upon a voice vote, all
voting aye, Ma�or Nee declared the rmtion carried unanimously.
11. OONSIDERATIQN OF TER�IINATIiVG TI� TII"lPORARY WATER BANs
Mr. Flora, Public Works Director, stated when the Council adopted the
resolution for the sprinkling ban, the City was piunping 16 million gallons
of water per day and, with the ban, it dro�ped to 8 million gallons per day.
He stated, presently, the City is piucipiny about 12 million gallons a day.
-13-
FRIDLEY CITY COUNCIL MF��I'ING OF SEPTII�ER 12, 1988
Mr. Flora stated the ground water aquif ier has lost scme depth and i t will
be years before it is replenished, however, the City's wells are not now
adversely affected.
MOTION by Councilman Fitz�trick to apprwe the termination of the t�npora��
watering ban. Seconded by Gouncilman Schneider. Upon a voice vote, all
voting aye, N,ayor Nee declared the rrotion carried unarumously.
Mr. Flora stated there is also an ordinance cwering sprinkling in the City
and asked if the Council wished any changes in this area. It was the
concensus of the Council that the ordinance shoul d be modif i ed to ref el c t
present conditions, and requested staff to submit any changes that may be
necessary.
12. CJONSIDERATION OF A POSSIBLE LOCATION OF A SECOND SATELLITE FIRE STATION
LpC'ATID AL,ONG EAST R.IVER ROAD •
bSr. Qureshi, City Manaaer, stateci the possibility of a second satellite fire
station has been discusseci and the Council included this item in the 1°89
budget. He stated what is being proposed is a second satellite station at
Osborne Way and East River Fccaad.
Councilman Fitzpatrick felt he would like additional time to study this
issue and the proposea location. He felt as far as the impact on the
residential area, it would se�n a fire station at the south location would
have a greater ur�aact than one located on the north.
Councilman Billings also suggested that possibly the parking lot
configuration could be changed by utilizing property to the south.
Councilwan�z Jorgenson asked when construction would begir., if the Council
authorizes appraval.
NIr. Qureshi stated if the Council wishes to proceed, the County would be
contacted regarding the property and bids would be advertised far the
potential construction starting in Novariber of this year.
Councilwcn�an Jorgenson asked if plans may have to be modified due to the
intersection �mprovanents at this location.
Mr. Qureshi stated there probably would only be minor adjustinents.
Mr. Aldrich, Fire Chief, stated his thoughts would be to use the same
materials and design as the new satellite fire station on Central Avenue.
He felt this way, the City would not need an architect.
MOTION by Councilman Bilings to table this item to the next regular meeting.
Seconded by Counciliran Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carri�d unanunously.
13. 00NSIDERATION OF RECEIVI.NG THE FRIDLEY URBAN DESIGN STAI�IDARDS BOOKL,h'�:
-14-
FRIDLEY CITY 00[TNCIL MEE,TING OF SEPTII�ER 12 , 19 88
MOTION by Councilwanan Jorgenson to table this item to the Conference
Meeting. Seconded by O�uncilman Schr�eider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried"unanimpusly.
Councilwanan Jorgenson arid Councilman Schneider voiced concern about these
design stalxiards cavering residential uses. It was their feeling this issue
had to be addressed and th.ey were concerried about the implanentation.
Mr. Qureshi, City Manager, stated this is not what is intended, but to
ackiress only ca�n�erical and industrial uses.
14. RECEIVII�U BIDS AND AWARDING THE CONTRACT FOR THE MOORE LAKE WEST BASIN
AERATOR•
Mr. Flora, Publ ic Works Director, stated three bids were received f or the
Cascade aerator for the west basin of Moore Lake. He stated the law bidder
was Sevcon, Inc. for $15,476, and recaYmend the contract be awarded to than.
Mr. Flora stated this is the type of aerator reca�merxied by the Department
of-Natural Resources and stated the equip�nent is located on land on the
south end of the West Basin.
Councilwat�an Jorgenson voiced a concern about the appearance of this aerator
und indicated she would like to see same pictures of sane.
MOTION by Councilman Schneider to table this item to the next meeting.
Seconded by Councilwrn�an Jorgenson. Upon a voice vote, all votig aye, Mayor
Nee declared the mption carried unaniniously.
15. RESOLUTION NO 77-1988 REQUESTING THE MINNESOTA DEPARTMENT OF
- TRANSPORTATION'S-PARTICIPATION IN THE UNIVERSITY AUENUE �RRIDOR IMPROVF�TI'
PR0.7ECT:
Mr. Flora, Public Works Director, stated this resolution would allaw staff
to work wth the Department of Transportation for participation in the
University Avenue Corridor Imprwanent Project.
MOTION by Councilma�i Fitz�trick to adopt Resolution No. 77-1988. Seconded
by Qouncilman Schneider. Upon a voice vote, all vo�ing aye, Mayor Nee
declared the mption carried unanu�ously.
16. R�SOLUTION N0. 78-1988 OONFIRMING ASSESSMENI' FOR SPREET IMP'RaVF.N�N'I' PROJECT
- ST. 1987-1• -
MOTION by Councilman Schneider to adopt Resolution No. 78-1988. Secondeci by
Councilwaman Jorgenson. Upon a voice vote, all voting ay'e, Mayor Nee
declared the m�tion carried unanunously.
17. RE.SOLUTION IVO. 79-1988 WNE'IRMING ASSESSME�f!' FOR 1988 SERVIC� OQI�II�TEGTIONS:
MOTIQN by Councilman Schneider to adopt Resolution No. 79-1988. SeconcLed by
Councilwo�nan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
-15-
FRIDLEY CITY (�OUNCIL MEErING OF SEPTII�9BER 12, 1988
declared the nx>tion carried unariimously.
18. RE.SOLUTION N0. 80-1988 a�NF'IRMIIVG ASSESSMFd�Tr FOR S'It�RM SIIn1ER AI�ID WATER MAIN
- PRQ7ECT NO. 159-
N3�TION by Councilman Schneider to adopt Resolution No. 80-1988. Seconded by
Councilwcenan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unaninx�usly.
19. RESOLUTION NO. 81-1988 QONFIRMING ASSESSI�N!' FOR STREEI' IN�'�tOVEMENT PROJECT
- ST. 1988-1 & 2, ADDF..I�IDUM N0. 1(VIRON ROAD) :
N10TION by Councilman Schneider to adopt Resolution No. 81-1988. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanunr�usly.
20. CL�IIMS:
MC71'ION by Councilman Billings to authorize payment of Claims No. 22131
through 22432. Seconded by Councilman Schneider. Upon a voice vote, all
voti.ng aye, Mayor Nee declared the motion carried unanimously.
21. LIC�NSES•
MOTION by Councilman Schneider to approve the licenses as submitted and as
on.file in the License Clerk's Office. Seconded by G�uncilwaman Jorgenson.
Upon a voice vote, all voting aye, Ma�or Nee declared the motion carried
unanimously.
22. ESTIMATES•
MOTION by Councilman Schneider to apprave the est�m�ates as submitted:
grs th, Juster, Feikena, Malrron & Haskvitz
6401 University Avenue N.E., Si�ite 301
Fridley, MN 55432 � -
For Sen ices Rendered as Gity Prosecutor
for the Mr�nth of June, 1988 . . . . . . . . . . . . $ 8,263.00
E.A. Hickok & Associates
545-I.ndian Nbund
Wayzata, N�I 55391
Nioore Lake Proj ect
Partial Estimate . . .
Partial Estimate . . .
'Il7I'AL - - -
S`unde L�and Stuveying. Inc.
9001 Bloanington Freeway
. . . . . . . . . . . . .
. . . . . . . . . . . . .
-16-
. . $ 172.89
. . $ 554.11
- 726.90
FRIDLEY CITY OOUNCIL MF�rING OF SEPTII�ER 12, 1988
Bloamington, NYV 55420
Street Impravanent Project 1986-#1
Partial Estimate . . . . . . . . . . . . . . . . . . $ 1, 049 .50
C.S. McCrossan, Inc.
Box-247 -
Maple Grove, NY�I 55369
Street Impravenent Project 1988-#1
Est�mate No. 3 . . . . . . . . . . . . . . . . . . . 5153.238.33
Seconded by Councilman Billings. Upon a voice vote, aZl voting aye, Mayor
Nee declared the motion carried unanurr�usly.
23. �NSIDERATION OF RESTORATION OF THE I�ORE LAKE WATER L�EVEL:
Councilir�an Schneider stated because water useage has decreased in the City,
he felt it would be advisa.ble to try and raise the water level in Moore
Lake.
MOTION by Councilman Schneider to direct staff to begin the process of
slavly raising the level of N3oore Lake and, specifically, not to block the
culvert between the east and west basin. Seconded by Councilwoman
Jorgenson.
Councilwcman Jorgenson stated earlier this year, the City d.id nc�t add water
into Moore Lake thinking the phosphorous level would adversely aff ec t the
lake. She stated it since has been found this is not true.
Councilwcman Jorgenson asked that the residents an West Moore Lake Drive be
rwtified that the Gity is raising the water level in the lake ar�d for staff
to also address the phosphorous issue so residents knav that it does not
affect the water quality of the lake.
r10TION by Councilman Billings to amend the motion to have staff also examine
Harris Lake arrl Locke Lake. MC?TION FAILID FOR LAQC OF A SECb1�ID.
Councilwanar► Jorgenson stated one of the reasons for raisinq the water lev�l
of Moore Lake is because of the Dartek material installed in the lake.
Councilman Schneider stated the City has a significant public i.nvestment in
Nloore Lake and felt it should be protected.
UF�1N A VOIC� VOTE TAKEIV ON TFiE ABOJE NDTION, all voted aye, and Mayor Nee
declared the m�tion carried unanimously.
AA70URIVI�Tr •
MUTION by Councilman Schneider to adjourn the meeting. Seconded by
Councilwaman Jorgenson. Upon a voice vote, all voting-aye, Mayor Nee
declared the motion carried unanimously and the Regular Meeting of the
-17-
FRIDLEY CITY OOUNCIL MEETING OF SEPTII�ER 12, 1988
Fridley City Council of September 12, 1988 adjourned at 11:15 p.m.
Respec Cf u11y sub[tii tted,
Carole Haddad, William J. Nee
Secretary to the City Council Mayor -
��� • -
:
THE NIIN[ITF.S OF TFiE SPECIAL MEE��ING OF
THE F'RIDLEY Q'1'Y aXJNCIL OF
SEPTII�ER 19, 1988
oF � sPF.cr�w r�ruvG oF � r�x.m� crrY aanJCrL oF
The S�ecial Meeting of the Fridley City Coiuicil was called to orcler at 7:37
p.m. by Mayor Nee.
� � .�R OF AI�LF'�GIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance to the
Flag.
ROLL CALI� •
ME,I�3II�S PRESENT: Mayor Nee, Cbuncilman Billings, Councilman
Fitz�trick, muncilman Schrveider and
Councilwoman Jorgenson
MEN�3ERS ABSENT: None
1. DISCUSSION OF THE SOiL INVESI'IGATIQN IN Tf� HORIZON DRNE AI�ID HORIZON CIRCLE
ARF.A:
Mayor Nee stated this special meeting was called by the City Council to
discuss the prc�blans in the Horizon Drive and Horizon Circle neighborhood.
He stated the Council would like to assist in whatever way possible and
realizes this is a difficult situation, however, there are limitations on
the expenditure of public f unds.
Mr. David Ne�nnan, Assistant City Attorney, stated there are strict standards
th� City must adhere to in dealing with the expenditure of public funds. He
stated if public funds are expended, which would benefit particular
individuals, that is an inappropriate expenditure. He stated if the
expenditure of funds benefits the public, as a wlwle, Lhen it is pexmitted.
Mayor Nee stated it is difficult for the Council to become directay
involved, havever, he feels relatively secure that what has been done to
date is in the public's interest.
Mr. Flora, Public Works Director, stated Mr. David Hausler and Mr. Robert
Janssen fran Braun Engir�ering and Mr. Engstrcxn fran Ac3ne Construction were
present this evening to discuss the problems (in the Horizon area) and
possible solutions.
Mr. Hausler stated he has seen same of the h�mes in this area and believed
there was a serious prabl an. He stated he would like to discuss potential
solutions to these prabl ens�and pravide sane inform�tion on soil mechanics.
Mr. Hausler stated there are basically Chree types of soil; sand, silt, and
clay. He stated in Braun's report to the City, the clay was referred to as
fat clay. He stated these fat clays are prone to shrinkage and swelling and
are expansive which is not necessarily the case with sands and silts. He
stated the majority of clays in the City are non-expansive and there are
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FRIDLEY CITY �[TNCIL I�rING OF SEPI'IIr�ER 19. 1988
only a fe�,v areas in the 'Itivin Cities that have exFa.nsive clays.
Mr. Hausler denonstrated haa fat clays swell. He added water to same fat
clay pellets and over a period of about 45 rainutes, it was shown haw the
clay expanded.
He explained when these clays cixy out, they shrink and he bel ieved this is
the prabl an with most of the hanes.
Mr. Hausler stated Braun Engineering conducted ten soil borings in the
neighborhood and sane shawed expansive clays and others only sands. He
stated he did not believe any of the borings shawed clays only and the
predaninant soils are sands. He stated the clays tested were found to be
very expansive. -
Mr. Hausler stated one method of ineasuring the shrinking and swelling
potential of clays is by the plasticity. He stated the clays they f ound in
the borings had a plasticity i.ndex of about 70 which is a very high swell
potential. He stated with the drought, he believed the settlement problem
is associated with the shrinkage of the fat clay.
Mr. Hausler stated there has been discussion about remaval of trees or
limiting the �tent that tree roots can gran�. He sta.ted the trees are not
the problan, but contribute to the prcablan by drawing moisture out of the
clay. He stated trees can draw 100 gallons of water a day out of the soil.
Mr. �iausler stated the real prabl an is the clays in the soil.
Mr. Hausler stated in their report to the City, there was discussion a.bout
rgnedial measures such as ranaval of trees, restoration of water into the
clays, and underpinning. He stated in regard to remaval of trees, many
people place a lot of-value on them for their aesthetics, but it is
scmetimes neeessary to evaluate the prc�blans they may cause. He stated as
an alternative to ranaval of trees, a trench or ditch methoct may be used to
prevent the tree roots frcm c7airiaging the foundations. Mr. Hausler stated
this solution may not be applicable in all cases, especially where the clay
is deep. He stated all the possible solutions discussed should be f urther
evaluated on an ind.ividual basis.
Mr. Hausler distributed same technical information dealing with clays and
wh.ich outlined sane of the alternatives discussed in their report to the
City. He stated the chart shavs the relative success of different methods.
He pointed out that, in sane cases, tree r�naval was very successful.
Mr. Rr�bert Janssen stated it is Braun's apinion that the severe settlement
of-these hames was caused by the drying and shrinkage of the clays. He
stated he would discuss the alternative of the use of auger holes. He
stated the purpose of auger lwles is to restore water to the clays so they
can swell to their original vol�ne. Mr. Janssen stated if this method is
used, it is iiriportant that the haneavner make sure water is available to the
clays, especially during dry periods. He stated these auger hr�les should be
placed around the per�meter of the faurx3ation, filled with a coarse sand or
gravel, ar�d water placed in the holes so the clays can swell. Mr. Janssen
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' 1� •� I�1 • `1 ' � !' �1• • • . .
stated there is soqcie risk when a significant amount of water is added
adjacent to the hane's foundation. He stated in order to reduce this risk,
PVC pipe should be installed within the auger holes to act as a conduit
da.recting the water on top of the clays and away frcm the foundation. Mr.
Janssen stated this method will help miniunize, but rr�t eliminate the risk of
future settlanent. He stated it is a relatively cheap alternative canpared
with underpining.- He stated to virtually eliminate the risk of settl ement,
it would be riecessary to extend foundations below the clay layer and suppqrt
the hane an a new foundation. Mr. Janssen stated Mr. Engstrcen of Acme
Construction was present to di�cuss this methpd. -
Mr. Engstran, Ac�ne Construction, stated his cam�riy had done underpinning on
on� hane in this area and the hccneowner is not having any prcablems. He
stated underpinnuzg means shoring up a hoane, installing columns dawn to
solid ground, and f illi.ng then with concrete and steel in order to tie into
a grade beam on which the wall can be rebuilt. Mr. Engstrom stated the cost
f or this work, assiuning the sol id ground is no more than six f eet bel aw the
bas�nent floor, is about $170 a running f oot. He stated if the clay is
deeper, the cost would increase. Mr. Engstram stated the strength of the
sand belc�r the foundation would detezmine haw far apart the columns would
have to be installed.
A gentl enan in the audience asked if only a portion of a wall is damaged, if
they have to replace the entire wall. Mr. Engstran stated it is best to do
the entire wall. -
A gentl ar�an in the audience asked if only two walls were damaged, if they
had to replace all four walls. Mr. Engstrcro stated only the two walls that
are affected would have to be-replaced.
Mr. Flora asked if an engineer would be necessazy to design the col umns and
beams. Mr. Engstran felt once a drawing was cibtained, the same one could be
used f or each hane.
A lady in the audience asked if the floor had to be replaced at the same
time the underpining is done. Mr. Engstram stated they do not have to
ranave the floor, but it would-be necessary to remave some concrete along
the edges. She asked Mr. Engstram if there is a guarantee for this work.
Mr. Engstran stated their bonding insurance requires them to guarantee the
work for two years.
A lady in the audier�e asked if the basement floor is cracked if it could be
leveled. Mr. Engstran stated there are canp�ar�ies that mudj ack, but he has
no �perience with it.
Mr. Janssen stated, with mudjacking, if water is restored to the clay s, it
map heave the basanent.
Mr. Hausler stated he would suggest four soil borings be taken for anyone
cansidering underpinning. He stated these borings should be at each corner
of the hane and the cost-would be about $1,700. Mr. Hausler stated there
may be same advantage in having this work done as a group, as it may be less
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' 1� •� I�I • `1 � 1•91• • • •
COStly.
Mayor Nee asked the chances of the hcme recovering by natural injection of
water.
Mr. Hausler stated restoring nx�isture to the clays is quite effective. He
stated with a few wet years, it may recaver to very close to its original
volLUne. He stated there are sane hanes where the foundatian walls have been
displaced laterally so they will not line up. Mr. Hausler stated if the
haneavner wishes to proceed with an alternative, other than underpinning, he
would suggest the auger holes with the PVC pipe.
A laciy in the audience asked if they proceed with the auger hole method, if
soil borings are necessary. Mr. Hausler stated he would advise that soil
borings be tak.en. -
Dr. Burns asked the length of time it would take for the auger holes to
prociuce results. Mr. Hausler stated probably several weeks to months.
Dr. Burns asked if the test holes could also serve as auger holes. Mr.
Hauser stated they could, but they should be spaced closer. -
Councilman Schneider asked how much water should be placed in the auger
holes ar� haa one could tell when it is sufficient.
Mr. Janssen stated if PVC pipe is used, it is left full until the m�imum
amount of swelling is achieved. He stated if there is several feet of pipe
into the clay, the hanev,aner can probe and if it is dry, water can be added.
He stated it prc�bably would require several gallons a day in each auger
hole. Mr. Janssen stated it is suggested auger holes be installed at f ive
foot intervals around the affected area.
Dr. Burns asked if too much water could be added and heave the basement
flaor. Mr. Jarissen stated there is that risk, but he did not knav the odds.
A lady asked if there are other areas in the City that have these clays.
Mr. Hausler stated there are, but in the �vin Cities they are rx�t large. H�
stated the glacial history is such that there happens to be a deposi-t in
tYi.is neighborhood.
Mr. Hausler stated 30 years ago, when most of the hames were built in this
neighborYiood, soil testing was in its infancy and only done on very maj or
proj ects.
Mr. Flora stated in the study presented by Braun Engineering, one
al ternative is to stop the tree root penetratian which may contribute to the
loss of m�isture in the clay. He stated ai�other method was to drill auger
lwles into the clay layer and install PVC pipe in order to ac7d water to the
clay so it would swell. He stated it is hoped this method would restore the
footings back to t,heir-�original loc,ation. He stated there is no guarantee
it would be successful, but it is an a�tempt to restore the clay to its
pre-condition before the drought. Mr. Flora stated the ult�mate solution is
-4-
FF2ID� .� CITY apUNCIL ME�,�ING OF SEPTII�ER 19 , 19 88
to bypass the clay, with underpinning,
the clay into another bearing surf ace
which the walls can be constrwcted.
construct a series of col�uz.s through
and construct a reinforced beam on
Mr. Flora stated these options were submitted for the homeowners to
cansider. He stated every situation is dif ferent. H�e f el t each ho�neawner
has to determine the alternative on which they wish to proceed.
Mr. Flora suggested it may be beneficial if gro�s or camuttees were fonned
so-everyone who wished to proceed with the same alternative may check into
the costs ar�d possibly have the work canpleted at a redu�ced cost.
Ms. Carol K�mniers, representing Representative Wayne Simoneau' s of f ice,
st�ted Representative Simoneau would propose an amerx�nent to any legislation
relating to the drought to cover this situation.
Ms. K�iers stated she did not knaw haw much this would help now, as it
seems repairs on these hames have to be made this fall. She stated
Representative S�moneau' s of f ice is continuing the ef f or t to try and f ind
out what assistance may be available to these hcnieowners.
Mr. Doug Johnson, wlwse mother resides at 5325 Horizon Drive, stated several
different proposals have been made for ways to repair these hanes. He
stated sane people have large cracks in their foundations and a lot of
haneowners dr� not have the funds to fix their h�anes by this winter. He
asked what plans the City has to assist than as far as financing.
Councilman Billings stated he would refer Mr. Johnson to the comments made
by the City Attorney regarding the expenditure of public funds.
Mr. Johnson asked about relief as far as t.axation. Mayor Nee stated there
is -a very real possibil ity that the market value of these hcanes may be
af f ec ted.
Mayor Nee stated in terms of financia.l relief, the City does not have any
grant funds available. He stated there is so�ne hope of Representative
Simoneau cabtaining relief fran legislation caveriru,� the drought.
Councilman Fitzpatrick stated he has attempted to try and find a way to
assist the �aneowners. He stated the actual market value on these hames may
very well be laaer which would result in reduced taxes.
Mr. Newmari stated the City is really limited in the use of publc funds for
th� benefit of private property awners. He stated there may be some
exceptions, such as the Housing and Re�evelopment Authority becoming
irivolved, but tends to doubt this would qualify as an HRA project.
Cbuncilwanan Jorgenson stated she f el t caruni ttees have to be f ormed w i thin
this neighborhood in order to have a spokesperson. She stated she wished
the City could help with financing, but legally-the Council's hands are
tied. She stated the City would txy and help in ariy other way possible and
will-work with Representative Simoneau to try and get so2ne legislation
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2.
3.
FRIDLEy CITy p�JNCIL N1F.�'rING OF SEPTFI�ER 19. 1988
passed to benef it the haneaaners.
Mayor Nee stated R�epresentative Simoneau has no active c�unitment, but he
would try to have legislation g�ssed to benefit these property a,vners.
Mr. Qureshi, Ca ty Manager, stated the Minnesota Housing Finance Agency could
pravide lav cost financing for persons within certain incane guidelines.
Councilman Fitzpatrick stated if a person's annual incane is $7,000 or less,
he believed the interest rate is vexy la�.
The Council requested Mr. Flora, Public Works Director, to sukamit additional
information to the resid�nts f or their neighborhood meeting on Tuesday,
Sept�nber 20 at the Fridley Librazy. This infoxmation should include such
itans as costs for repairs and soil-testing and names, addresses, and phone
n�unbers of firms who would be able to provide these services.
A gentl anan in the audience stated there is a lot of truck traff ic on 53 rd
Avenue arx3 was wondering about re-routing this traffic during the period
when hanes were being repaired.
Councilwaman Jorgenson asked staff to check into the possib ility of
re-routing this traffic.
A lady in the aud.ience stated the residents meet Tuesday evenings at the
Fridley Library f ram 7:00 to 9:00 p.m. She stated ariy member of the Council
or staff is welcane to attend. She a�so stated they do have a spokesperson
for the resicients, Joe Dzubak:
RECESS:
A recess was called by Mayor Nee at 9:06 p.m.
- •• i��
Mayor Nee reconvened the meeting at 9:20 p.m. All Councilmembers were
present.
OONSIDERATION OF RECEIVING THE STAT�I' OF CANVASS FOR THE PRIMARY ELECTION
OF SEPTF�'1BER 13 , 19 88 :
NI�TION by Councilman Schneider to receive the State of Canvass for the
Pr�mary Election of Septen�r 13, 1988. Seconded by G�uncilwar�an Jorgenson.
Upon a voice vote, all voting aye, Maynr Nee declared the motion carried
urlanimously.
aQIVSIDERATIQN OF RECEIVING R£.P,DVERTISID BIDS FOR THE FRIDLEY CIVIC CENTER
REM(JDELING •
Mr. Rd�ertson, Cammunity Development Director, stated when the Council
re�eived and awarded bids on August 22, 1988 sc�ie of th� iteqns were rejected
arid readvertised. He stated Itan 05500, Miscellaneous Metals was rejected,
-6-
FRIDLEY CITY GOUNCIL MEErING OF SEPPII�ER 19. 1988
at that time, because staff felt they could obtain a better price. He
stated there were sane procedural irregularities in the Drywall bids and
those were also rebid.
Mr. Rcabertsan stated the bid for the steel work was lower, haaever, the
drywall bid was higher.
He stated, with this set of bids, the City is approximately $4, 000 aver
budget. He stated there is about $27,000 in snall miscellaneous bids to be
awarde�l for the Civic Center and Fire Station and about $55,000 to be
awarded for the Plaza Ramp. He stated Mr. Ken Braun, Bossardt &
Christenson, felt sane of this $4,000 would be offset with the remaining
bids.
Mr. Braun stated the bid fran Minnetonka Iron includes materials and labor
for miscellaneous metals and the bid fran Ki�i Erection and Danny's Erection
includes only the labor for steel erection. He sta.ted in the bid that was
rejected, the cost for miscellaneous metals material only, and no labor, was
$36,000.
Councilman Schneider asked of the $30,106 bid frcxn Minr►etonka Iron, haN much
was f or labor and hav much was for material s.
Mr. Braun stated they are bidding a combined figure for both labor and
materials, but about $22,000 would be for materials.
Councilwoman Jorgenson asked if the bid f or the steel has already been
accepted to which Mr. Braun answered in the affirniative. He stated the bid
for the labor irivolved with the steel erection is before the Council this
evening for consideration.
Ni7I'ION by Councilman Fitzpatrick to receive the bids (attached as �hibit A)
and award the contract for Miscellaneous Metals, Labor & Material to
Nlinnetonka Iron in the amount of $30,106 and award the bid for Steel
Erection to KI�i Erection in the amount of $11,763. Seconded by Councilwanan
Jorgenson.
Mayor Nee stated an ordinary intelligent person cannot distinguish the
reality of these bid results.
Mr. Robertson stated it is unfortunate the way the bids were received that
th�y were rx�t all consistent.
Councilman Schneider stated it is difficult to look at these numbers and
understarxi than.
Mr. Robertson stated the sheet showing the bid resul ts indica ted the
budgeted amount for these items and, at this time, the project is about
$4,000 aver budget, but sar�e funds renain in the fire station and parking
ramp budget.
Mr. Qureshi, City Manager, stated he has asked Mr. Rnbertson to seek legal
-7-
FRIDLEY CITY OOLINCIL 1�.ErING OF SEPI'II�ER 19 , 19 88
assistance, through the City Attorney's Office for all bidding procedures,
and has been assur�d the City is following all the legal procedures.
Dr. Burns asked if the City gained by giving the bidders so much flexibility
and wondered if the bidding process should be tightened.
Mr. Braun stated at this stage, he didn't know if it would work. He stated
the City is benefiting by individual specifications so the lowest bidder can
be chosen. He stated it is a little more work in receiving and tabulating
bids, but-finds it offers the City scme savings.
Dr. Burns stated he wandered if the savings was that great to off set the
Ia�k of clarity an�i confusion that the presentation fonriat seesns to produce.
Mr. Sraun stated maybe the way the bids were i.ndicated to Mr. Rnbertson lent
i tsel f to the conf usion.
UR�N A VOICE VC7I'E TAKEN ON THE ABWE NDTION, all voted aye, and Mayor Nee
declared the motion carried unanunously.
I�Y7I'ION by Councilwanan Jorgenson to awaru the bid for Cold-Formed Metal
Framing to MulcaYry Drywall in the amount of $162, 885 and award the bid f or
�terior Insulation and Finish System to A. E. Conrad in the amount of
$58,900. Seconded by Councilman Schneider. �
Mr. Braun stated when the drywall was first bid, the bid from the lawest
bic�der was ranoved based on procedural errors in the biddiny process. He
stated t,his bidder, Conrad S�stelris, did nc�t rebid and, as he understands,
they made a msstake the first time they bid and rather than submit another
bid sha�aing an increase, decided not to bid at all.
Mr. Qureshi asked for an explanation as to why the drywall was about $25,000
higher than what was budgeted.
Councilman Schneider also asked the amount budgeted for dr��wall when the
plans were approvec�.
Mr. Braun stated there were changes af ter the initial budget. He stated it
could be a nluriber of factors such as additional design itenrs or increased
height of walls. He stated there was also a change f rom acoustical to
dzywall ceilings.
UPON A VOICE VOTE TAKEN ON THE ABOJE NYJTION, all voted aye, and Mayor Nee
declared the motion carried unarumously.
Councilman Billings stated on ariy further bids that are submitted to the
Council, a written narrative may be helpful.
AD�TO� •
MOTION by Councilwaman Jorgenson to adjourn the meeting. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
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FR.IDLEY CITY OOUNCIL �7rING OF SEPI'II�ER 19. 1988
the motion carried unanimously and the Special Meeting of the Fridley City
Council af Sept�nber 19, 1988 adjourned at 9:48 p.m.
Respectfully submitted,
Carole Haddad Willi�n J. Nee
Secretazy to the City Gouncil Mayor -
• �i�� ��� �i
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cinroF
F� ��
C011/iMUNITY DEVELOI'lVIENT
DEPART'MENT
M EMO RAN D UM
r�D Zv : ci ty counc il r��bers
N4�J FRDM: Jock RoUertscm, C.�n�ity Develc�nent Director
N�'IJ DP,TE: September 21, 1988
RDGARDING: Ca�iity Optio�'s S�ecial Use Pezmit, SP #85-01, Review of 5378 -
5384 5th Street N.E.
On Februasy 24, 1986, the City Council approved a Special Use Permit for
Ca�tmity Optica�s which allaas the aperatio� of a Residential l�iental Health
Program located in an ag�rtrnent buil ding at the abave ref erer.ced property .
This pezmit is to be reviewed annually for the first two years of operation.
Staff has arrg�leted a review and faund that Carm�uzity Optians has not viol�ted
ar�}� stipulaticros attaci�ed to this pernlit. TY�e stipulations are as follvws:
1. Opera ti� to be revi�aed annual ly wi tr� a publ ic hearing f ar the f i r s t two
years.
2. Resident autrnnbiles be restricted to five or less.
3• Rear Yard to be fenced with a six foot high solid wood f ence which is to
be ccsr�leted pri� to occup�rx.y.
4. Proposed advisozy oarnuttee to ir�clude City representatives, for example,
Human Resources Coi�unission member and/or Police Special Operations
Divisi� sta,f f .
5. Petitialer to pz,wide land.scaping plan and install prior to May 31, 1986.
6. Contingency plan be initiated with Unity Hospital to cover any
eresgenc ies .
7. Facility will car�Iy with the loc.al and State fire coc�es.
8. Qient characteristics will be c�sistent with petiticaier's contract with
Arnka County.
A review of the site doa�e in August bY the Fblice Departn�esit detennined that
all police calls were regarding medical emergencies, miscellaneous
info�t.iai, mental illness energencies and lock auts. 'Ilze depaztznent has not
resI,xanded to ariy calls which were out of the o�dinary, therefare, the facility
has mt had a detriir�ental affect cei the r�eighborhood.
JLR/kc
I�-88-141
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-���� STAFF REPORT
APPEALS DATE
C�TY OF PLAN(VING CON�AISSION DATE
FRlDLEY CITY COUNGL DATE : September 26, i9ss .
REQUEST
PERMIT NUMBER
APPLIC ANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
PARK DEDICATION
ANALYSIS
FINANCIAL IMPUCATIONS
CONFORMANCE TO
ADOPTED LAND USE
COMPATIBlLtTY WITH
ADJACEN7 tJSES 8� SERVIC
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATIOI
PLANNING COMMISSION
�� F C Ol�-: �I E iV D A T l O t�
i�:�� .�.:;�_. � •r:�ar
1A
FR.II7LE,'Y CrI�Y (X7[JN�II, P�rIldG OF AUQ15T 22, 1988
i•
or �mderstood it. He stated after meeting with City staff, he fviuid the
ordinance is more flexi.ble far permitting ten�orary signs t�'�'�r► rhe,.- Previous
ordinance. He stated the questio�n which arises is if businesses could hav e
sane input into the ardinance. Mr. Ficken stated it is diff' ult for the
business aaners to keep abreast of these itens when they c10 t live in the
City. He stated this sign ardinance really restricts the gns and hampers
businesses in shopping centers where it is difficult to ertise.
Mr. Ficken stated he would like to recommend a mmittee be formed to
discuss any ordinances which affect the busir�ess ity and request that
the Qzrmunity Develo�nent Departrnent advise and ssist then. He stated the
Ch�mber of Gcnrnerce wauld also like a busines person frcm the oaRUnunity to
attend the Planning Catmission meetings as rioirvoting advisory menber to
offer the busiress person's viewpoint.
Mr. Ficken stated he wished to
Council to attend a,ny of their m
he feels more canfortable with
input frnm the business ca�ammit
irnri any members of staf f or the City
�ti gs each mc�nth. He stated even though
's ordinance, he would still like soir,e
Councilman Bil l ings stated wanted the Q�amber of Commerce to know tha t
the sign ordinance relat' e to portable signs was a comprarnise on the
Council's p3rt. He stat the ordinance was passed by a 3 to 2 vote, with
two Councilmenbers voti g to ban portable signs altogether. He stated there
is a prablan with enf canent af these sigr►s and at one time he abserved
five portable pane signs in a 25 foot strip of property advertising
activities at M311. Cbuncilman Billings stated as far as a person
fran the busines catmunity attend.ing the Planning Gacmission meetings, he
would encourag these people to s-��nit their names for appointment to the
Catrttussion, stated he looks forward to better cvmmunications and more
involvenent tween the Q�amber o£ C.c=rmerce and the City.
Mr. Fi� stated he realizes the prablen with enf orcenent of these signs.
He sta ed if it creates a cluttered appearance, it gives the City a bad
Nee stated staff would work out a plan to meet with the Chamber of
ce regarding this subject.
CL'Y�TNITY OPI'IONS:
Ms. Irene Vasecka, 5427 4th Street, asked when the City renewed the special
use permit far Cam�ninity Options.
Mr. Qureshi, City Manager, stated the Council reviewed the stipulations
attached to this special use permit to determine if Canrn�nity Options was in
ca�l iance with the stipulations.
Ms. Vasecka stated the stipulations were to be reviewed at a public hearing.
I�yor Nee stated staff felt an internal review wauld be sufficient; haaever,
the question was raised if the stipulations were to be reviewed at a public
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FRIDLEy CITy Q7CTI�ICII, I�TIlVG OF AUQ15T 22, 1988_
hearing and this was found to be oorrect.
Mr. Herrick, C� ty Attonbey, stated everyone lmows this matter went to court
and the judge ardered the City to issue the special use permit. He stated
he does not have a problan with the City conducting a public hearing to
review the stipulations af the special use permit, but wanted Ms. Vasecka
and the audience to }mow this matter is controlled by State law arid the City
has very little discretion. He stated the anly way the ,special use permit
could be revaked is if there were extrenely serious violations and then he
would not recarr�end it be done tmtil it went back to the court.
Ms. Vasecka stated she felt the Council should hold the public hearing which
was part af the stipulations.
NDTION by Councilman Fitzpatrick to instruct staff to schedule a public
hearir.g for Septenber 26, 1988, to review the stipulations of the special
use permit for C.cimlunity Options. Seconded by Councilwanan Jorgenson. L�n
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
F7ROBLEMS ON HORIZON CZRCLE:
I�. Ihubak, 129 Horizon Circle, requested a progress report regarding the
prablens with the harties on Horizon Circle.
Mr. Fl ora, Publ ic Works Di rector, stated the City has retairred the se ' ces
of Braun Engineering to analyze the soil conditions in t��is area. e stated
ten soil borings have been taken and are being evaluated. Mr. ora stated
upon caripletion of these tests, it is 2-nped information can e obtained as
to the ;ocation and extent of arYy materials in the ground suggestions to
deal k•rth arcy soil problen. He stated preliminary find' gs indicate there
was no clay in three af the soil borings and clay in tMe other borings. He
stated a report on the soil analysis will probably be presented to the
Council at their SeptanUer 12 meeting.
Mr. Flora stated the Ci ty of C'h�mpl in has experien,ced a simil ar probl em Gnd
sane soi� geologists frcm the University of Diinnesota will be meeting in
C.'Z-��nplin. He stated the City of Fridley will have a representative at the
r.�eting to discuss this issue and to try and determine sane causes•
Mr .�i ubak a sked i f the prabl ens we re due to the f reeway cons t ruc t i on . N's .
Flora stated the response the ity has received to this question is that it
should have no effect.
Mr. Daubak asked if th e are City records which show if soil samples were
taken when hanes wer 'lt in this area 30 years ago. Mr. Flora stated no
soil sainples were n.
I�. Dzubak if he muld obtain the name and address of the developer
for this ar . Councilman Billings stated the name and address of the
contract is prabaUly oa�► the building permit, but that w�ould nr�t guarantee
the ractar could be located.
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FRIDLEY CITY Q7CINCII.� I�I'IlVG OF ALIGfJSI' 22, 1988
N�. Dzubak stated he would like to i�ress on the Council the sev�rity of
the prablen. He stated one resident had a gas leak and another ot close
his door. He stated he would appreciate it if the City w�o keep the
residents �3ated on the progress.
O�uncilman Fitzpatrick stated staff has advised them that ey would keep
the residents informed when the City receives any informati . He stated he
believes further infonration is expected by Septenber 7.
I�. Rafferty, 148 Horizon Circle, stated when he questi � why soil samples
were not taken closer to the homes instead of on t e boulevard, he was
advised that drilling could not be done o�n private p rty. He stated this
could have been done, if permission was obtained f r the property vwner.
He stated he had a soil analysis done on his prope and th2 results were
that the boulevard tree was taking all .the wat out of the ground. He
stated the tree is still there and destroying hi hr.�ie.
N�. Qureshi, City Manager, stated other hom are experiencing the same
problan where there are no trees. He stated/ e City wants to determine the
cause before cutting any trees. ,
N�. Steve Redert, 4539 2-1/2 Street, �ated he purchased his home in
October, 1982, and decided to sell in il, 19$6. He stated they found a
buyer in r�y and when this prospective uyer checked with the City, the City
Inspector stated there was sanething �„� ong with the foundation. He stated
he then talked to his neighbor wh� s ted he �ew that the perscns who ownen
the house in 1976-78 did a lot af tching on the hAUSe, psrticularly on the
north side where there was a large crack in the f oundation. He stated he
alsc contacted the person acr s the street who advised him she knew
samething was wrong with the h� , but didn't knav the details.
Mr. R,edert stated the Ci ty In�pector caQCie aut in 1973 , at the request of the
c�mers, and the City ordered�the owner to have a soil test done. He stated
i t was f aund that because inadeqt�a te f il l, i t waul d be nece s sa ry to di g
daan 12 feet in order to rrn�ide adequate fill. He stated the property
owner was advised he had to d� this work at his oan e�xpense.
Mr. Redert stated in 1.84 he had the City Inspector ccane out to check the
f oot ings f or a c He f el t if there was a maj or probl en, the Inspector
weuld not have app� ed it.
Mr. Redert stat he did not feel the realty co�npariy was fair because
everyone lmew re was samething wrong with this house and that a lot of
patching had b�en cbne to a7ver the cracks.
Mr. Redert stated he can either pay to have the hause fixed, give it up, or
pay $5,000 tq begin a lawsuit and then there would be no guarantee if he
wauld win qr lose. He stated there is a list of ten different persons who
vwned the irn� sir�e it was buil t. He stated ac�e af the owr�ers told him to
get rid ,cif it, as they had been in the hrnise fo� a year when there were big
cracks ,fn the basanent. He stated the aaner deeded the house back to HUD
and F?UD sold the house, as is, and believed it was sold to a realty crn�ar?y.
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��.1��11 v!?��+�1�_ �,' �', " ' :f
[rD2'iDN by �incilman Fitzpatrick to acbFt the agenda with the abo�ve addition
and changes. Sea�nded by Councilman Goodspeed. Upon a voice vote, all
voting aye, Mdyor Nee declared the motion cerried uzanimously.
QPEN FQRC�I� __VISIRC)RS: �
I�s. Irere Vaeecka, 5427 4th Street, ap�peared before the Council regarding
the problens in the alley between 4th arxi Sth Streets. 5t�e presented photos
of the c�b�is and trash and statrd there is only one dumpster for the two
a�arta►ents at 5420 and 5428 5th Street.
Mr. Bob Schmidt, 6001 4th Street, representing the Fridley Jaycee's,
requested a rvaiver � the fees for a e�ftbnll tournement in mrrj�nction with
the Fiic�ey iioclaey Association. He stated the tournament is scheduled for
the 1 ast weekend of thf s month and they have thei r a�rn �ran �op insuranoe.
Mayor Nee stated this was not an agenda item for this evening a*�d since
there will be ar�other Gb�ncil meeting on May 18, he stated the ��ncil would
consic3er the iten at that meeting.
PtJBLIC FffAR�I3C�S:
2. �L�IIEW OF A SPEC18L USE PESMIT. SP �85-01. BY COMMUI3ITY 4PTIONS. TO
Q�vr+T�� c.��D rr Tc Tta r�vr.TAi�x'F. wr�t ��pQi,,�TIQNS OF THE SPECIAL
USE PERMIT•
I�DTION tr� m�ncilman F7tzpatrick to waive the reading of the pu�lic hearing
notioe and open the ptahl ic he�ring. Semn�d by Cbu�cil�n Gooclspeed. Up�n
a voice vote, all vnting aye, Mayor Nee c3eclared the motion carried
unanimo�sly and the publ ic hearing opered at 10:03 p. m.
(�ayor Ivee stated the purpose of this public hearing is to review the special
use permit for Cdnm�nity Options to determire if the applicarit has vomplied
with the stipulations.
Ms. Robertson, O�ntnity Develognent Direc�or, reviewed the stipulations as
follaas:
1. Ab more than five resident a�amobiles on the site.
2. �xnpletion of �nstruction of a six foot hic� s�l id wood rear
yard fenae.
3. Whether a Qoma�inity Advisory Committee has been created and is
being alla+ed ir�put in the operation of the fadlity.
4. Iandscapdng vom�eted in soa�rc�nae with the previously
sutm itted pl �►s.
5. Adequate �ntingency plan been implener�ted for dealing with
medicaal energencies.
6. Facil ity lioensed and being operated in aca�rc�nae with all
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���l��f, V�'��T � � y� � •�
applicable State and County rules and regulations.
7. Fadl ity in mmpl ianoe with the Fi re Gbde.
8. Are the cfiaracteristics of the facility's clients aonsistent
with ti►e facility's �rYtract With Anoka CbtntY•
He stated staf f has rev iewecl all these sti pu�l ati ons, inspected the pr en ise s
and oonsulted with the organizations, and Canm�nity Options is in oanplianoe
with the stipulations. 1Kr. Bill Aunt, Assistant to the City Manager,
reviewred a letter �ted April 20, 1987 reoeived from Patrick Donahue,
Assistant Ac�ninistrator o� ��nity Options, which indicated oompl ianoe
with these stipulations.
Q��ncilman Fitzp�trick stated the so�pe � review by the mir►dl is 1 imited
to the stipulations, but stated the ryeic�b�ring resi3ents wi�ed to express
some af their cnnaerns.
Mrs. Marge Otten, 5311 5th Street, presented photos shawing the parking
aro�.s�d Comn�nity Options at various times and dates. 5he statec3 there were
delivery trucks parked on both 4th and 5th Streets and one of the visitors
at Com�mnity Options parked in frorit of a resident's driveway and blocked
the acoess.
Mrs. Otten stated at the time Car�n�nity Options applied for the special use
pennit, residents were told this was not going to be an intensive care
facility. 5he stated in the progran �.toposal fran the County, they wanted
an intensive treat�nent facility for individuals 18 and over who have a
primary diac�osis of iner►tal illrress that prohibits their admission to less
restrictive facilities. l�rs. Otten stated there has been a problen of a
r�naway fran Community Options and it was necessary to call the P+ol ice
DeFa rtrnent.
Mrs. Otten stated resic3ents in their area have relocated and there have been
at least four raids in apartments where new residents have maved. She
stated the criminal elenent in their neic�borhood is prevalent as all the
persons who cared about their properties have left. She stated residents
have installed greater security measures as they are af raid of the
transients in the reic�bort�ooci.
F,s. Terry Buckridge, datxj�t+er o� i+�s. Otten, stated the �ilc�en in the area
are af raid to go to the neighboring park as now they cbn't know thei r
r�eic�bors. 5he stated the area used to be peaoeful and quiet, but there is
increased criminal activity where the Fbliae Depart�nent has to be called.
Ms. Buckridge stated parking is a pcob�len and one day there were about 18
cars Ferking on the street. 5he st:ated Co�rmunity Options pranised not to
change the reic#►b�rhood, but to enhanae it and felt they have ciestrayed it.
I�s. Vaseclm, 5427 4th Street, stated St. Wil l ia�n' s
drivers to transp�rt resider�s of Crnmm�ity Options to
they fo�nd out this was not a rorrgo�it organization,
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Church was providing
cfiurch, however, wher.
it was c�so�ntinued.
1F
�
��.1�.M! ���±�IY � �,' . ; ' LI�f)
1G
t+ls. Wric�t, representing Comm�ity Options, stated she was aware of the
incident where a resident's c3riva�ay Was hlocked and stated this occurred
when they r+ere in the prooess of rr-roo�ing the building. Ms. Wric�t stated
as far as the additia�al parking, this may t�ve occurred when they had their
open house. She a18o �tated weekl� from 3:00 to 4:30 p. m, there is a staff
meeting which increases their Farking needs cluring this period.
Gbu�cilman Fitzpatrick felt perhaps the min�es of the Advi�ry Board could
be more widely distributed to keep resider�ts inforn►ed of the activities at
C�m�.aiity Optiona Ae stated the purpcse of the A�dvis�ry Board was to secve
as a liai9on with the oo�mnnity.
Ms. Wright stated Mr. Dick Byers setves as the o�mnuity liai�n and felt the
resider�ts may be more oomfortahle appcoacfiing Mr. �yers and he oould share
the minutes.
Cb�ncilman Fitz�atrick felt the appearanoe of the structure which houses
Comn�nity Options has not c3ianged. Ms. Wright stated they have repainted
and installed laridscapdng and fencing. m�ncilman Fitzpatrick stated the
structure imprwed somewhat, but felt there was still room for additional
unprw eneryt.
Mrs. vasecka stated there should be a way to ir�orm residents that O�mn�nity
Options is in the neic�rhood. She stated new residents whu mwed into the
area relocated to arother area, onae they fo►,aid out Gommnity Options was in
the reicjiborhood.
Cbincilman Fitzpatrick stated the residents have stated there is a great
deal af change in the reic�borhood and an increased nunber of pol ice cal l s,
however, there is rn argtm►ent that Cdnm�nity Options is in v�mpl ianoe with
the stipulations which is the so�pe of this publ ic hearing.
A gentle�an in the audienoe stated this is a classic case of slun dispersal.
MJTION by ��ncilman Fitzpatrick to close the public hearing. � Seoonded by
Co�cilman Goocispeed. Up�n a voiae vate, all vating aye, t�yor Nee cieclared
the mc�tion carried unaninwusly and the pualic hearing closed at 10:44 p.m.
OLD BUSI�•
3. nRnIN.ANCE NO 881 RE DIFYING THE FI�IDLEY CITY CODF BY AIX?PTING A NEW
�iAp►r�R 30 F�IZ'I�ID "CZi�RTTABLE G�l�BLII�". REPF�+LII� 4La Cf�APt'ER 29 ENrIT1�
"BII�O" . AAD OIa 31 E1�ITL� "G�BLIRG DEVIC�S" AAD F'[Jit'li�ER AP'IE,'[�IDII�
QiApI'FR 11 ENTILID "GE�RAL P!�'JVISION6 AAD FEFS"_SECTION 11.1Q:
Mayor Nee stated this ordinanoe was amended on the first reading, �+s
outlired in the Apcil 20 minutes, and an�ther minor change under Section
30.03, Iten 8, is to delete the words "$5.00 per hour" and substitute the
worc�s, "508 abave Federal minimun wage".
I�. Hill, Puhlic Safety Director, stated the Lions Club has expressed an
ir�terest in two prenises to operate the diartiahle cpmtil ing. He stated the
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..�,_ ,��t�� . - }- • ,. -.
�
�asanimously and the public hearing opered at 8:03 p.m. �
Mr. Flora, Public Works Director, srtated this plat is for the developnent af
the 100 Tain Driv�In praperty. He stated the plat ideritifies rune garcels
associated with the plat and four outlots. He stated theie is a lot for
every building ar�d its associated parking. l� ,
r-
Mr. Flora stated a public hearing was held before ti� Planning Comnission on
January 22 and they rec�mnenied appraval with th �e stipulations which he
outlined.
Mr. Flora stated once the roadway is finar y designed, there would be a
little different realic�nent of the roadwa� to coincide with the entrance
into the develognent.
Mr. Dave Weir, Woo�ridge Properti , stated they had a fea items to add and
asked Mr. Eric Nesset to review tXese changes.
Mr. Nesset stated they intenc}�o change the right-of-way of Lake Pointe
Drive to make it consisteryL� at 60 feet wide. He stated the other item
ooncerns a lot line going,�t►rough a parking lot. He stated they intend to
make a separate lot for��the parking structure and separate lots for the
buildings. Mr. Nesse ��stated the physical composition of the site didn't
change, but only the-�orm in which it is c�haracteriaed lec�lly.
No �ther persons 'n the audience spoke regazding this prop�sed glat.
NDTION by Co ilman Goodspeed to close the public hearing. Seconded by
��mcilman Sc�r�eider. [lpon a voioe vate, all voting aye, Mayor Nee declared
the motion,�arried �a�animously and the public hearing closed at 8:10 p.m.
Mr. Wei��stated the neighboring residents gave then a lat of support and he
wished; to thank then for their ir�volvement. He also recognized the City
staf �'who worked very hard to make this all happen in a short period of
tim . He stated it makes a difference to do business in a City where
ev Lyone is 000perating to make this develognent possible.
3� �N�IDERATION OF A SPDCIAL USE PERMIT. SP #85-01. ZO OPERATE A RESIDENTIAL
MF�ITAL I�'AI�TH PROGRAM I N AN APAKCMEt1I' BUI LD I NG Gh'ERALI�Y IDC�TID AT 5 37 8-5 3 S� �
�TH STREET N. E. , BY �'II�'1LJNITY OFrIONS. LTD: °� __-_ _
Mr. Qureshi, City Manager, stated there was a request last June for a
special use permit blr C7ann�nity Options to open a merital health facility on
Sth Street. He stated the Co�mcil denied this request which was challe�ged
in Disrict Court. Mr. Qureshi stated a oourt ozder was received last week
which directs the ��a'►cil to issue the special use penait.
Mr. Herrick, CZty Attorney, stated it is rather diff icult for him to give
any specifics because, even though the judge issued the order, the findings
and o�nclusions have rnt as yet been reoeived. He stated his reoatrnendation
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��J,, ��+ �� • �- •� ►• •a
would be for the Coimcil to issue the special use permit, with the same
stipulations �ntained in the discussians when it was previously before the
O»cil. Mr. Herrick stated he would not rec�amne�d appealing this decisirn
as he fP1t the Appelate Court would uphold the District Court's decision
and, therefore, would not warrant the c�st of the appeal.
I�DTIO�] by Co�mcilman Fitzpatrick to apprwe special use permit, 'SP #85-01,
with the following stipulations: (1) Operation to be reviewed annually-�
with a public hearing for the first two years; Resi ent au omo i es
restricte�t-o-five ��; -T3T-�Rear- yard��o�be fe�ced with a six foot high
solid wood fence which is to be oompleted prior to occupancy; (4) Proposed
Advisory Committee to include City representatives, for example, H�anan
Resouroes Ca�nission menber and/or Pnlice Special Operations Division staff;
(5) Fetitioner to pravide a laridscaping plan and install prior to May 31,
1986; (6) Contingency plan be initiated with Unity Hospital to cover any
snergencies; (7) Facility will oanply with the local and State fire codes;
and (e) Client characteristics will be aonsistertt with petitioner's aontract
with Anoka Co�ty. Seoonded b� Co�cilman Goodspeed.
Ms. Vagovicyh, 5400 4th Street, felt the mly thing that oc�uld be cbne is to
have the laa changed and contact thei r State rep�esentatives.
Ms. Vaserko, 5427 4th Street, stated she went to oourt twice and it was
postponed both times, ar�d f elt they should have been mtif ied.
Mr. Herrick, (�ty Attorrey, stated the Gity had no control over when this
case was heard.
Mr. Qureshi, City Manager, stated the issue wasl't decided on the feelings
of the r�eighborhood and the Council's action has been pre-empted by the
State statute. He felt State represern.atives would have to be o�ntacted to
change the law.
UPON A\10I� VOTE TAI�3�I Qd �lE ABaVE I�DTIDN, ALL VOTED AYE, AND MAYOR NEE
DEQ�ARID T�iE IrDT7DN CARRIED UNANIlrDIJ3�Y.
Mr. Herrick stated he would send oopies of the findings and conclusion to
the Co�cil when thc� are reoeived.
•� � u �; : • � • � •%}�. • • • ►� • s� � • �.
:,� • n • a� � • �� �.� � �!�►
Mayor Nee stated he would appoint Jot��;eyer to replaoe Mr. Prieditis, who
requested he be replaced. Mayor Nee ��Mr. Meyer has substantial
expertise in evaluating planning in the rede�el.p,pment area. Mayor Nee
stated Mr. Meyer was previously a menber of the HRA a?P}-i�_strict 14 School
Board. ��
IrDTD^x] by Coincilman Fitzpatrick to �ncur with Mayor Nee's appointment -of
John Meyer t,o the HRA. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the mation carriec7 �animously.
_5-
11
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�-�,�
DATE
FROM
SUBJECT
POLlCE DEPARTMENT
c�ty of F��diey
RHinnesote
OARHILLS NEIGHBORHOOD
COMMUNITY OPTIONS
nn�r�o�an��un�
MR. HILL
TO
1L
ACTION� INFO
I ran a check on police calls for service to the area bounded
by 53rd (south), University (west), 7th Street (east) and I694
(ncrth) for 1988.
I did nct include the apartment buildings at 5430 7th which
has had 103 police calls for service so far in 1988, none of
wnich are related to Community Options in any way.
There ha•�e been 128 police calls for service in the above named
area (pius 103 at 5430/60 7th) in 1988. Of that number there
were 47 that were enforcement related. The remainder were service
type calls or traffic (medi.cals, animal complaints, etc.).
The 47 e�forcement type calls are:
Burglar�-
Thefts
No Pays (gasoline)
Assaul�s
Domestics
Suspicious Person/
Activity
Criminal Sexual Cond
Harassing Phone calls
Warrant Arrests
1
1
4
7
8
11
1
1
5
Discrderly conduct;
Public Peace
Ordinance violation
Damage to Property
TOTAL
L
1
1
47
Of the 47 listed cases k'�ere we know the perpetrator of the
crimes none are fro�z, or associated with Community Options.
This includes the assault, the criminal sexual conduct, domestics,
no pays, ordinance violation, harassing phone calls, warrant
arrests, and the disorderly conduct/public peace. The other
cases (burglary, damage to property, and theft) give no indication
that there was any involvement from a resident of Community
Options. There was one assist to Another Department which was
continued
1M
MEMORANDUhi
August 19, 1988
Director Hill
Page #2
a search warrant and arrest on a na�rcotics violation. This
had nothing to do with residents from Community Options.
The only calls for service to 5384 5th (Community Options) in
1988 have been 3 medicals and one miscellaneous officer where
one of the officers gave one of the residents a ride home from
the bus stop.
DHS/sa
_
_
CITYOF
F[ZiDLEY
CIVIC CENTER • 6431 UNIVERS[TY AVE. N.E. FR[DLEY, MINNESOTA 55432 • PHONE (612) 571-3450
July 11, 1988
Ccxtmuni ty Opt i ons
Pat Donahtle
53 80 - 5th Street N. E.
FYidley. NS�1 55421
RE: Review of Speci.al Use Pe�ut, SP #85-01, 5380 - 5th Street N.E.
Dear Mr. Donahwe:
Special Use Permit, SP #85-01, which allows the operation of a residential
mental health program at the abwe referenced address was reviewed as
required by its stipulations. Z9�e review consisted of an on-site inspection,
research, contact with the o�'ganization itself and an informal presentation
to te City Cotu�cil. The review clarified that C�ununity Options has not
violated any stipulations attaci'�ed to the pernut (see attach�ed) .
If you have ariy questio�s re�rding this iten, please call me at 571-3450 x
168. Thank you fc� yair ooq�eratian.
Sincerely,
Kathlyn Castle
P1371T11Z1J ASS1StdIIt
K�'�C3T1
C-88-298
1N
, � ► �
�
5384 NE FIFTH STREET
FRIDLEY, MINNESOTA 55421
612-572-0009
:tay 26, 1988
Kdthleen Castle
Planning Assistant
Comriunity Development Department
b431 University Avenue i�ortheast
Fridley, :finnesota 55432
R�: Special Use Permit
SP;� 85-01
Dear :iiss Castle:
We have reviewed the stipulations that we were required to fulfill in order
to be issued our Special Use Permit.
G7e �re in full compliance with the speciiied conditions for ret�ining the
permit.
If t-here are any questions, please telephone me at 572-0009.
Lhank you,
��
P�trick Don�hue /�
ASSistant Administratur
PD/po
10
/I
�
Fro+n a+. e�Mc o�t
NASIM QURE$MI
CfTY MANAQER'S OFFtCE
DATE April 19, 1988
, sus,�cT:
Review of Community Options
1P
MEMORANDUM ,TR-52
TO ACT10N UPDATE
Jock Rober[son 4/22/8
The City Council advisecl that the s[aff should make an administrative staff
report on the comunity oDtions property as part of our annual special use
per�it review.
If theze are no serious problems at this time, they do not wish to have a
public hearing.
Thank you for your assistance.
NMC?/la
T0: Nasim Qureshi, City Manager FROM: Jocl: Robertson, CD Director 4/18/88
Please see the attached memo.
NOTE TO JIM:
ON APRTL 19, THE CITY MANAGER WROTE A MEMO TO
JOCK TO REVIEW THE PROPERTY AND IF THERE ARE
NO SERIOUS PROBLEMS, A PUBLIC HEARING �IOULD
NOT HAVE TO BE flELD.
UNLESS THERE IS AN UPDATE FOR COUNCIL, THIS
ITEM CAN BE REMOVED FROM THE CONF. MTG. AGENDA
FOR APRIL 25, I988.
THANK YOU.
LYNDA
� PLANNING DIVISION '
�
MEMORANDUM
ci�r oF
FRIDLEY
F'£ND ZD: Jock Robertson, C,onunimity Developnent Director
t��t�p FROt�t: Jim Robinson, Planning Coordinator.;�.
t,c.hD �TE: A�ril 1, 1987
RE�PP.DING: Comrn�nity Options Special Use F�rmit Review
On February 24, 1986, after a lengthly review and adjudicatory process, the
Fricley City Council officially appraved a request for a special use permit,
SP �85- O1, to allow a Rule 36 Resiaential Mental Health farility to be
located in the four plex at 5376-5884 - 5th Street N. E. �e Special U�e
F�•rmit was issued with nir�e stipulations. �e first stipulaticn state� that
the operation should be reviewed annually with a public hearir.g for the fir�t
twe yEars.
ke have re�i�aed the facility as to the other eiaht stipulaticns anu found
that they are in o�npliance. In addition, with tr,e help of Tim Turnbull of
the Fblice De�artrnent, we have reviewed the police files in an effort to
determine ar�� adverse effect on the r�ighborhooci. Althouc?h there have been
nur,-,ercus calls, nore of �e call� reflected a protle:; where the residents of
the tacility were impcting the neic�bors. h'ost of the calls dealt with are
r�E�iical t��ge protl�s wrich would be expected in a facility of this type.
At this time the r,�in question wrich needs to be considerec is whethEr to
havE a formal p�blic hearir.a with Fublicaticn and notices sent to the
neic�,t�ors er sir��Fly to have a Fuhlic meeting with a p�:blicaticn If notices
are sent, should we go out the nonn�l 200 feet or use the petition which was
su�r,��itted during ti:e prooess. If we were to use the petition, it would t�
197 narnes. If we were to use the norm�l 200 feet, it would be 20 ra.;,es. I
a� a�sunino alse that Council will want to hold this hearir.c rather than the
Flanning Corrunission J
Attached are the stipulations as aFpraved by Council and a letter f ron Pat
Dor�hue, the Com.m�ity Options a�ir�istrator.
JLF�c�n
rr87-79
, __
� _
�
CI1rYOF
fR1DLEY
CIV[C CENTER • 6a31 UNIVERSITY AVE. N.E. FR(DLEY. MINNESOTA 55432 • PHONE (612) 571-34i0
Ranae Nanson
Community Options, Ltd.
4408 - 69th Avenue North
Brooklyn Ce�ter, MN 55429
CITY COUNCIL
ACTIOP� TAKEN NOTICE
February 25,'1986
On February 24, 1986, the Fridley City Council officially approved your request
for a Special Use Permit. SP �85-01, to allow R!�?e 35 Res��+e^t�a' Mer,±al ��a?t�
Program for Anoka County in a 4-plex located on Lots 1 and 2, Block 14,
Hamilton's Addition to Mechanicsville, the same being 5378-5384 - 5th Street NE
with the following stipulations:
1. Operation to be reviewed annually with a public hearing for the first two
yea rs .
Z
3
Resident automobiles be restricted to five or less.
Rear yard to be fenced with six foot high solid wood fence. This is to be
completed prior to occupancy.
4. Proposed advisory committee to include city representatives. (i.e. Human
Resources Commission member and/or Police Special Operations Division staff.
5.
6.
7.
Petitioner to provide a landscape plan and install prior to May 31, 1986.
Contingency plan be initiated with Unity Hospital to cover any emergencies.
Facility will comply with all State and County rules and laws and be fully
licensed.
8. Facility will comply with the Local and State fire codes.
9. Client characteristrics will be consist�nt with petitioner's contract with
Anoka County.
If you have any questions regarding the above action, please call the Planning
Department at 571-3450.
Sincerely,
0'. • .
i_;,-,, ��; „
James L. Robinson �oncur with action taken
Planning Coordinator
JLR/dm
Please review the noted stipulations, sign the statement above and return one
copy to the City of Fridley Planning Department by March 11, 1986.
1R
����.al �1���� � �7�� ']�����v �d�..]a
ATTORNEYS AT LAW
`` Virgil C. Herrick M E M 0
;:`<r David P. Newman
<�" James D. Hoeft
��e' Gregg V. Herrick
T0: FRIDLEY CITY COUNCIL
FROM: DAVID P. NEWMAN �Y�---
DATE: SEPTEMBER 23, 1988
RE: COMMUNITY OPTIONS
Dear Honoraole Mayor and Mernbers of the City Council:
I have been informed that there will be a public hearing for
the purpose of reviewing Special Use Permit SP #85-01 for
5378 - 5384 5th Street Northeast.
The City Council's authority in conducting this public
hearing is limited to reviewing whether or not the property owner
is in compliance with the stipulations which were contained in
the original Special Use Permit. The Council is without
authority to consider any evidence or items which do not directly
relate to those stipulations.
DPN:jeb
Suite 205, 6�101 L'ni��ersity .-��•enue ;V.E., Fridley-, '�Iinnesota �543?, 61?-571-38�0
1S
oanue�c$ ao.
�lt ORDLLIICB �DOPlI11G ?HB BIIDf�f FOE ZHB FISCAL ZB►E 1989
The City Council of the City of Fridley hereby ordains as Pollorrs:
1. That the annual budget of the City of Fridley for the fiscal year beginning January 1, 1989
Khich has been submitted by the City Manager and modiFied and approved by the City Council is
hereby adopted, the total of said budget and their major divisions thereof being as follovs:
2. That the City Manager be directed to cause the appropriate aecounting entries to be made in
the books of the City.
GSYBRAI. FQ11D
�''�'i � �s! � � :? �'i :i'� ��' lf� :�
Taxes and Special Assessments:
Current Ad Valorem
Delinquent, Penalties,
Forfeited
Special Assessments
Licenses and Permits:
Licenses
Permits
Intergovernmental:
Federal
State -
Homestead Credit (Current
Ad Valorem)
Local Government Aid
All Other
Charges for Services
Fines and Forfeits
Interest oa Investments
Miscellaneous Revenues
Other Financing Sources:
Municipal State Aid Fund
Liquor Fund
?02AL REYENQSS A1TD OTHBH
FINA�C7.�iG SOIIECSS
Fund Balance:
General Fund Surplus
TOiAL GSliBItAI. FWID
SPBCIAL ESYSNQB FIIHDS
State Aid Pund
Cable TY Fund
Grant Management Fund
TOTAL SP$CIAL EBYSlNS FW1DS
CAPIiAL PROJSCT FIIITDS
Capital Iaproveaent Fund
Property Tax - Current
Ad Valorem
Interest
Fund Balance
TOTAL CAPITAL ZlIPHOY&�!1? FWID
CIYIC CENTBfl IlIPHOY�IT FWiD
?OTAL C11PIiAL PHOJB�CT FIIYDS
ACsSNCY PUIiD
Siz Cities Yatershed Fond
Property Tax - Current
� 2,895,000
84,061
4,802
122,973
187,144
574,430
2,3a�,usu
359,671
162,923
275,975
331,342
116,372
138,860
10,000
# 7,6�5,037
2#T,488
t 7,892,525
503,728
157,488
116,355
i 777,571
85,550
125,000
f,756,b17
1,967,167
400,350
i 2,367,577
Legislative:
City Couneil
Planning Commissions
Other Commissiona
City Management:
General Hanagement
Personnel
Legal
Finance:
Elections
Aecounting
Assessing
Civic Center
Police:
Police
Civil Defense
Animal Control
Fire:
Public Yorks:
Teehnical Engineering
TraPfic Engineering
Street Lighting
Public Works Maintenance
Recreation:
Naturalist
Recreation
Community Development:
Code Enforcement
Plartning
Reserve:
Emergency
�PPAOPRI►?IOflS
; 157,795
37,819
19,531
232,518
67,349
183�390
17,598
311,915
163,564
183,2u�
Z,u�z,2uu
59, 9�►4
17,996
559,918
182,316
84,354
122,751
1,734,335
199,593
435,368
191,024
190,546
327,4t3
i 7.892,525
503,728
757,488
116,355
= 77T,571
7,967,167
1,96T.167
#0�,350
� 2,367,517
Ad Valorem 8,597 8,597
� roTeL ar�ct Fo�n = 8,597 � 8,597
PASSED AND ADOPTED BY TFIE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3� DAY OF OCTOBER, 1988
iiILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
Public Hearing: September 12, 1988
2
3
CITY OF FRIDr,�
PLANNING CC�'IISSION D'IEETING, SEP'I'alE3F�Z 14, 1988
CALL TO ORDER:
Vice-Chairperson Kondrick called the Septe�er 14, 1988, Planning Cammi.ssior�
meeting to order at 7:36 p.m.
RCLL CAL�:
MemY�ers Preser�t: David Kondrick, Dean Saba, S�ie Sherek, Alex Barna,
Paul Dahlberg
Meml�ers Absent: Donald Betzold
Others Present: Jock Robertson, Community Development Director
Kath lyn Castle, Planning Assistant
William Burns, Incoming City Manager
Nancy Jorgenson, City Council
Dennis Schneider, City Council
Steve Billings, City Council
John Arkell, Arkell Development
Carol Slavick, Arkell Development
f�Iark Clemens, Arkell Development
Dennis Kroll, architect for Arkell Development
Phyllis Prokopowicz, 1350 - 52nd Avenue N.E.
Donald Dickison, 1321 - 26th Avenue N.W.
See attached list
APPROVAL OF AUGUST 10, 1988, PLANNING CONINIISSION P�IINiJTES:
r�arzoN by Mr. Saba, seconded by Mr. Barna, to approve the August 10, 1988,
Planning Corrurtission minutes as written.
UFON A VOICE VOTE, ALL VdI'ING AYE, VICE�HAIRPII2SON KOI�IDRICK DF�LARID THE
MOTION CP,RP.IID UNANIr10USLY.
l. CONSIDERATION OF A SPDCIAL USE PERMIT, SP #88-11, BY ARF�LL DEVEL�OPI�'IEN'I':
Per Section 205.07.O1.C.8 of the Fridley City Code to allaw tawnhodnes for the
elderly in an R-1, Single Family Dwelling zoning district, and per Section
205.09.O1.C.7 of the Fridley City Code to allow tawnhanes for the elderly in an
R-3, General Multiple Dwelling zoning district, generally located north of
I-694, east of Central Avenue and west of Fill.mr�re Street (legal description
available at City Hall); and per Section 205.07.O1.C.8 of the Fridley City
Code to allaw townhar�es for the elderly in an R-1, Single Family Dw�elling
zoning district, on Lots 10, 12, and 14, Block 2, Spring Valley Addition,
generally located north of Rice Creek Road, south of 64th Avenue, east of
Central Avenue and west of Arthur Street.
MOTION by Ms. 5herek, seconded by Mr. Barna, to waive the reading of the public
hearing notice and open the public hearing.
UPON A VOICE VO'I'E, ALL �IOTING AYE, VICE�HAIRPER.SON KONDRICK DDCI�ARID THE
��IOTION CARRIID UNANIMWSLY AI�ID TI� PUBLLIC HEARING OPIIV AT 7:33 P.M.
3A
pLANNING CO�'Il�'IISSION r'IEETING , SEPTE�MBER 14 , 19 88 __ PAGE 2
Ms. Castle stated the petitioner is prapasing single stozy rental taanhcmes
for the elderly in two locations in Fridley. The first site is the Rice
Creek Road location, on Rice Creek Road, east of Central Avenue. This site
is located in an R-1, single family dwelling zoning district; to the northeast
and sou�h is R-1, and to �.he west is C-3, ccncrercial zoning district. !
Ms. Castle stated that because of tY�e high densities of this develapment, sane
variances are needed. 'It� variances are needed for the Rice Creek Road site.
The Appeals Conmission will be reviewing these varianoes on Sept. 20. The
first variance is to increase the maximian lot coverage allawed from 25� to 29�,
and the second variance is to decrease the lot area per unit fram 1 unit per
9,000 sq. ft. to 1 unit per 3,254 sq. ft.
��s� Castle reviewed the site plan of the proposed development. The tcx+�rihanes
are basically grouped in fours. Same of the units ha�ve attached garages, and
some do not. The total land area of the Rice Creek site is approximately 2.6
acres. There will be 32 rental ta�mhanes on this site. This canes up to a
density of 12,3 units per acre.
Ms. Castle stated the City requires 61 parking spaces, and the developer is
praviding 63 parking spaces.
r'Ls. Castle shaoed a grading and drai.nage plan for the site. She stated this
is only a concept plan at this time.
Mr. Robertson stated the developer has not yet furnished City Staff with a
final drainage plan; therefore, staff caruzot approve tY�e drainage plan. Because
of this, staff is going to rec�nd to the Planning Commission that they table
action until the final drainage plan is submitted.
P1s. Castle stated the second location is the Hillwind site located northeast of
Hillwind Road, west of Fillmore, and south of Po1k Street. This site is located
in both an R-3, general multiple zoning district, and an R-1, single family
dwelling zoning district. Approximately 2.3 acres are in the P.-1 district,
and approximately 4.7 acres are in the R-3 district. Once again, because of
the high density develc�rent being located in an R-1 district, four varianc�s
are needed. These variances are:
1. To increase the m�im�nn lot caverage allowed from 25o to 25.Sg.
2. To reduce the lot area per unit from 1 unit per 9,000 sq. ft. to
1 unit per 4,864 sq. ft.
3. To reduce the minimtnn hard surface setback from public right-of-
way from 20 ft. to 3 ft.
4. To reduce the building setback frcm public right-of-way fro�m
35 ft. to 15 ft.
Again, the Appeals Coar�dssion will be reviewing tY�ese variances at their
Sept. 2Q meeting.
Ms. Castle stated 60 units are prc�posed for this site, about 9 units per acre.
The City requires 113 parking spaces, and the developer is praviding 115 parking
spaces.
3B
pI.ANNING COMNIISSION NIE�TING, SEPTIIKBER 14, 1988 PAGE 3
Ms. Castle reviewed the preliminary drainage plan.
Mr. Robertson stated, again, this is only a prelimin�y drainage plan. As
people in this area know, there is a natural drainag�way that drains dcx�m the
center of the site and into the detention and treatment pond. That draina�e
will essentially remai.n the same. The developer has not yet furnished the
staff with any of the details of hvw that run-off is going to be detained so
the run-off will be the same as when the site is empty. Again, this item will
have to be tabled until the engineering staff has reviewed the drainage plans
in detail.
Ms. Castle stated that for the Rice Creek Road project, staff reca��ends
denial for two reasons:
1. It does not conform to the R-1 zoning requirements.
2. This development encroaches upon a road easement to the north.
This would interfere with the long range plans of the neighborhood.
Ms. Castle stated the long range plan for why the City got this easement is
to create an extension of Camelot along the rear property lines and then have
the neighboring lots split their lots and have single family houses built on the
new lots.
Ms. Castle stated that for the Hillwind project, staff rec�nds approval
with 9 stipulations:
1. Approval of the special use permit is contingent upc�n approval
of the associated variances.
2. The developer agrees to execute a restrictive covenant agreement
which limits �-he age of residents to 55 years of age and older.
3. A maintenance agreement be executed between the develot�er and the
City which ensures the City that the buildings, landscaping,
streets, and utilities be maintained to the City's satisfaction.
4. A perforniance bond/letter of credit be issued to the City for 30
of the construction value prior to the building permit.
5. Soil correction tests are required prior to the issuance of the
building permit.
6. Autoanatic irrigation to be installed to maintain landscaping.
7. Landscaping to be installed per City approved plan.
8. Driveway to be paved according to City �gineeri ng specifications.
9. Six-inch concrete curbing to be installed around the perimeter
of driveway and off-street parking areas.
Mr. Robertson stated the City Council has directed city staff to prepare same
policy alternative analyses on senior housing in the City of Fridley. The
housing portion of the City's Ccmprehensive Plan does not specifically address
senior housing. The Ccxnprehensive Plan talks about providing a variety of
housing types and housing ranges--rental and awner housing--but it does not
3C
PL�ANNING CC�IMISSION MEETING, SE�'IBE�t 14, 1988 PAGE 4
specifically address the senior housing issue. For instance:
l. 4�at senior housing types exist?
2. To what extent should the City assist senior housing financially i
,
(Mr. Robertson stated the developer has approached the HRA for financial assistance
for "The Cottages" development.)
3. The location of senior housing. Should it disbursed throughout
the City, should it be concentrated in location, should any excep-
tions in density be made:
Mr. Robertson stated the Council has directed staff to prepar.e this information
for their review at their October 24 conference meeting.
P•�s. Sherek asked if staff had any measure at all of what the typical density
is for this type of housing, both in Fridley and the metropolitan area as a
w�ole .
Mr. Robertson stated townhouse develoFxrent generally is fram about 8-14 units
per acre. This development is consistent with that general density. Also,
this develaper is in the process of doing a similar project in Stillwater. The
Stillwater project is about 11 1/2 units per acre, so it is co�arable to the
projects being proposed for Fridley.
Ms. Sherek asked if the developer has any intention of offering rent subsidies
or was this intended to be law moderate inoame type rousing?
Mr. Robertson stated the proposal to the HRA is for a subsidy program over
the first 12 years of the project. The target rental ranges are $385/month
for a one bedroan and $485/month for a tw�o bedroan.
Ms. Sherek stated that regarding the restrictive covenant recatmiended in
stipulation #2, is that beinq reccx��ended to run with the property in
perpetuity so they are not looking at this beccaning converted to strictly
rental housing at sare time in the future?
Ms. Castle stated that is correct.
P�Lr. John Arkell, Arkell Development, stated the bottom line is that the project
will not be built if they do not find mr�re land in Fridley. The land in Fridley
is too expensive for 60 units. Staff has reco�m�ended they drop from 90 units
to 60 units. They will have to find additional land, and that will put a deZay
on the project.
Mr. Arkell stated this will be their fifth project. TY�ey have had a tremendous
amount of suocess in leasing the units. As stated by Mr. Robertson, the units
will rent for $385/m�nth for a one bedroom unit and $485/month for a t�ao bedroocc�
unit. Arkell Develo�ment will not be doing the project. A conpany called
Equitec, which is a large New York Stock Exchange company, will be doing the
project, and Arkell Dev�elopment will be werseeing the project.
3D
PI�NNING CON�'SSISSION N�ErING, SEP'1'IIKBER 14, 1988 _ PAGE S
Mr. Arkell stated they have asked the City for assistance in an intexest rate
reduction program which means tY� increase in t�es that are generated by the
project will be used to reduce the mortgage on the property, thus creating the
$385/month rental range. Most senior housi.ng today is suf�stantially higher
than that. The general range today for senior housing is $65Q-1,200/montl�.
Mr. Arkell stated the project exists in Stillwater. They have built tw� of
three phases there. Their first phase was 64 units, and the second phase had
a waiting list for the 60 units. They are naw in the process of building an
additional 56 units to rourid it out at 180 units.
Mr. Arkell stated they have agreed with the City, at least initially, on the
landscaping which is a big part of "The Cottages", �
Mr. Arkell stated they have built or are in the process of builc�ing projects
in r'Iadison, Wisconsin; Chisago City; Maplewood; St. Paul Park, and there are
another dozen co�rnznities like Frid].ey tzying to decide if this is the kind of
project they want for their seniors.
A citizen asked haw long it would be before the rents went higher than the
$385 and $485.
Mr. Arkell stated that is a difficult question. The financing they are using
is FHA, and FHA has scme restrictions on who they can rent to (must be a
senior). The tax credits today restrict how much they can charge for rent,
and that goes for the next 15 years. If the project is sold, the restrictions
go with the units.
Ms. Sue Messick, 6257 Ben More Drive, asked if the restrictive covenant s
perpetuate that this property is only available to seniors at the end of
what period of time?
Mr. Robertson stated this property will only be for seniors in perpetuity.
A citizen stated he had visited the project in Stillwater, and there is no
written agree�nent there as to who can live there.
Mr. Arkell stated that is correct. In Stillwater's case, the City of Still-
water has the develaper's word that they will rent to seniors. Fridley is
going to be a lot tougher than that. It is going on two years for the Still-
water project, and they have lived up to their word.
Mr. Arkell stated that when people sign a lease, they tell them that each year
they have to go to a 5g increase in rent. So, the r�nt in Stillwater is naw
$404 because it is over a year old. They hope to not ever have to exceed that 5�
year�y increase,
Mr. Mark Schwartz, 1372 - 64th Avenue N.E., stated he is concerned about
the property value of the hcanes dropping because of multiple dwellings in an
R-1 district.
3E
PLANNING C�ISSION N�rING, SEP'T'II�1Bgt 14, 1988 PAGE 6
Ms . Delores Orr, 1100 Lynde Drive N. E. , asked abrnzt the road accessi.bility to
the Hillwi.nd project,
Mr, Arkell stated the road accessibility will be fr�n Fillmore Street and
Polk Street. It was discussed at great length to keep the traffic off Po�k
Street, but there is no other way.
Ms. Orr stated Fillmr�re Street is heavily traveled with school buses because
there is an elementary school across the street fran this complex.
Mr. Arkell stated this was discussed at great length at a neighborhood meeting.
He thought the general concensus was that a senior project was the lesser of
all evils. There will not be the traffic an apartscient building_will generate.
He was proposing 60 units on this site, aild he believed the zoning would allaw
40-44 units between single family and an apartrnent c�lex that ooulc� be built
there.
Mr. Curt Dahlberg, 1384 - 64th Avenue N.E.�� stated he has two lots adjoining
the property proposed for develop�ent on Rice Creek Road. If this develognent
goes through, it will landlock these two lots.
Mr. Arkell stated he was not aware of that, and they would definitely giv�e that
soire consideration. It se�med logical that the City would not allow them
to landlock anybody's property, and it is certainly not their intent to land-
lock property so it could never be used.
Mr. Joe Nelson, 1357 - 64th Avenue N.E., stated this is residential, R-1
property, and he would like to see it renain single family.
Mr. Arkell stated he could understand the neighborhood at the Rice Creek site
wanting that property to r�main single family. He just did not believe it
would ever be sold as single f�nily because of the Work �at has to be done to
correct the soil.
Mr. Barna stated it seened the main concern to the Rice Creek neighborhood is
the density. It is going to be an expensive project for any develop er, but
he did not think it w�uld be single family in the present ecorr�mic market.
Staff has recosm�ended a decrease in the nim�ber of units, and the neighbors
border�ng the north property line might want to split their lots off at same
future tiur�e. He asked Mr. Arkell if the site plan is redrawn so the layout
of t-he buildings is restructured for a cul-de-sac ending in the northwest
corner, could they then meet the density require��ents feasible for the develognent
on this site?
Mr. Arkell stated it certainly made sense to leave the easezner.� in back and
have a cul-de-sac so they would not landlock any property. He stated they
are willing to try to work with less units if they can. They do not want to
lose Fridley because of the economics.
Mr. Robertson stated staff has been directed to also look in the vicinity of
Central Avenue and Osborne Road at an industrial property there. In the Co�rr
prehensive Plan, they did leave the door open for housing in an industrial area
if there is excessive industrial pr�perty to look at, especially for a tawn-
house developrnent.
3F
pLADif1ING CONINIISSION MEETING, SEP'I'II�IBII� 14, 1988
PAGE 7
There were a n�nber of seniors in the audience who were at the meeting to get
information on both cattplexes. '
MOrI'ION by Ms. Sherek, seconded by Mr. Barna, to close the public hearing.
UPON A VOICE VCII'E, AIZ VOTING AYE, VI�E-CHAIRPERSON KOI�IDRICK DDCI,ARF� THE �
MOTION CARRIID LTNP,NIl�IOUSLY.
Ms. Sherek stated she agreed with Mr. Barna, and that the developer should take
another look at this site. Obviously, they do not want to see a develognent
that is going to landlock any properties. On the other hand, she was not
ready to say "no" to the Rice Creek project. This is at least the thiYd
proposal for the Rice Creek site in the last three years. It is not a feasible
single family site, and they have to look at scxnething. `I'he density is same-
what high, but this is a difficult piece of property to develop. She would
agree they should table this item until the developer can work with staff to
see if there is the possi.bility of dawnsizing the project to allow the easement
and lawer the density on the site, She is real uncanfortable with the lack of
a final drainage plan for that site, because this is a bad spot for water
probl�n.s .
MOTION by Ms. Sherek, seconded by Mr. Barna, to table SP #88-11 by Arkell
Development until the developer has lc,oked into the possibility of reducing
the density on the Rice Creek site and leaving the easement in place for the
roadway and until the developer has submitted final site and drainage plans
for both the Hillwind and Rice Creek sites.
Mr. Saba stated he agreed with P9s. Sherek, except he did not think this type of
housing belonged on the R.ice Creek site. They do not need to develop every
single acre of land in Fridley. He felt they really have to take a careful
look at the undeveloped sites in Fridley and decide whether they want to develop
all of them. He thought e�ty pieces of land in the City loaked nice. It gives
the City a little natural area, and there is very little of that left in the
City.
AZr. Saba stated this type of housing would fit much better on the Hillwind site,
although he did share Ms. Sherek's ooncern about the drainage, and that should
be addressed before the Planning Caimtission can vote on the project
Mr. Barna stated he is not willing to say that a senior housing project would
not fit on the Rice Creek site. It might fit there if done properly. He stated
he, too, did want to see the final drainage plans, and he would like to see
a different site plan for the Rice Creek site.
Mr. Dahlberg stated at this t�me it is inappropriate for the P1anrLing Co�nmission
to take any kind of action. Al1 the information on this project for both sites
has not been st�bmitted to the City in order for the PlanrLing Co�nission to take
any action. Drainage is the key issue. ��en buildings are put onto sites, they
are not only talking about the buildings and th,e bas�rents of those buildings,
but also the amount of paved surfaoes onthe land. Water does not soak into the
soil any longer, and it runs off, and the effect that kind of developm�nt has on
the adjacent parcels of land is a major concern to the Planning Co�nmission.
3G
pLANNING COMMISSION ME�rING, SEPTF�1BF�t 14, 1988
PAGE 8
Mr. Dahlberg stated when the Conmission has further information and conplete
information, then they will be better able to judge what to reca��end to the
City Council.
Mr. Robertson stated it is appropriate to table any action at the Planninz�
CcxrIInission, not only because of the lack of final drainage plans, et�c, _but also
because the City Council is going to review senior housing policy at the end
of October. It might take the Council several weeks before a decision is
made after that meeting. The Planning Canmission might want to consider
tabling this action until they receive same policy direction from the City
Council,
Mr. Kondrick stated he agreed. He believed each member of the Plaruiing
Cce�mLission agreed there is a need for more housing for seniors in the City of
Fridley, but he did feel they do not have enough information at this meeting
to make a reco�rendation to the City Council. This itPSn will be tabled until
the Coa�unission receives more information fram the City Council and irnre infor-
mation frcan staff.
Mr. Robertson stated the City will renotify the neighborhoods when this is
back before the Planning Conmission.
Councilmember-at-Large Nancy Jorgenson stated she would like to have all the
people who attended this meeting notified, in addition to the people who were
previously notified.
UPON A VOICE VOTE, ALL VO`I'ING AYE, VICE-CHAIRPERSON KOI�IDRICK DDCLARID THE
MC7I' ION CARRIID UNAIVIMOU SLY .
2. CONSIDERATION OF A IAT SPLIT, L.S, #88-04, BY STAI�EY AI`ID PHYLZIS P1mKOPOWICZ:
To correct a certificate of survey done in 1969 in relati.on to the lot line
between Lot l, Block 2, Marian Hills Second Addition and Lot 2, Block 2,
Marian Hills Second Addition, aenerally located at 1350 - 52nd Avenue N.E.
and 1340 - 52nd Avenue N.E.
r2s. Castle stated this property is located in an R-1, single family dwelling
zoning district. ��fiat is being proposed to be split off is a little
triangular piece of property in the southeast corner of Lot 2 which will then
be combined with Lot l. The reason for the lot split is due to an incorrect
survey done in 1969. This split will not cause Lot 2 to bec.rome out of cozn-
pliance with the zoning oode.
Ms. Castle stated staff is reco�mending approval with the follaaing stipulation:
1, A division/coanbination form be signed by the fee awner and
returned to the City by Dec. 2, 1988.
Ms. Phyllis Prokopc�wicz stated that when they bought the property, they had
it surveyed. In 1969, when they put up a retai.ning wall, t�e prol�ertY stake
was removed by the contractor. They asked the City if the City could replace
the surveyor's stake so they could put up the retaining wall. The City did
replace the stake, but it was put in 5 ft. into the neighbor's property•
The retaininq wall went up, and about � years later, when the people to the
west built, they had their property staked and found the stake was 5 ft. on
3H
RI,ANNING COD9NIISSION MEETING, SE�MBER 14, 1988
PAGE 9
their property on the retaining wall. She stated th�ey are just trying to
sirr�lify this mistake rather than taking down the retaini.ng wall, fences, etc.
MOTION by Ms. 5herek, seoonded by Mr. Saba, to recomt�end to City Council
approval of Lot Split, L.S. #88-04, by Stanley and Phyllis Prokopowicz, t�
correct a certificate of survey done in 1969 in relation to the lot line
between Lot 1, Block 2, Marian Hills Second Addition and Lot 2, Block 2,
Marian Hills Second Addition, generally located at 1350 - 52nd Avenue N.E.
and 1340 - 52nd Avenue N.E., with the following stipulation: A division/
combination fozm be signed by the fee awner and returned to the City by
Dec. 2, I988.
UPON A VOICE VOTE, ALL VOTIIVG AYE, VICE-CHAIRPERSON KOI�IDRICK DDCI� 'I'F�
MOTION CARRIID LJI�NIMOUSLY.
Mr. Kondrick stated this item will go to City Council on September 26.
3. CONSIDERATION OF A SPDCIAL USE PII�NIIT, SP #88-12, BY DO[�1I� DICKISON;
Per Section 205.05.04 of the Fridley City Code to allaw an air conditioning,
heating and electrical contractor office in an S-1, Hyde Park Neighborhood
zoning district on Lots 27 and 28, Block 12, Hyde Park, the same being
5973 - 3rd Street N.E.
MOTION by Ms. Sherek, seconded by P�Ir. Barna, to open the public hearing.
UPON A VOICE VOTE, ALL VO►I'ING AYE, VICE-CHAIPERSON KOI�IDRICK DDGL,AI2ED Ti�
PUBLIC HE',ARI,IG OPEN AT 9:05 P.M.
Ms. Castle stated this property is located south of 58th Avenue an 3rd
Street, north of 59th Avenue, and just to the west of University Avenue.
The property is located in an S-1, Hyde Park neighborhood zoning district.
To the north, south, and west is also an S-1 district. This property was
discussed recently for use as a church by an Orthodox Church.
Ms. Castle stated the petitioner has no plans to do any exterior work on the
facade, but he does plan to expand the lot to 9 parking spaces and do some
landscaping to provide sar� screening for the parking area,
D1s. Castle stated the proposed use does not co�ly with the use for a special
zoning district. Despite this fact, special use permits were previously
granted for different co�nercial uses in 1985 and 1985. The 1985 pezmit
was passed with four stipulations concerning site i.�ravements. Due to
extenuating circ�unstances, the petitioner never used the special use pexnut
and never oo�leted the stipulations.
Ms. Castle stated rZr. Dickison's business will have a minimaZ effect on the
surrounding canrninity. His office will employ approximately tw�o people with
the hope of adding two to three more e�loyees in a year. Due to the nature
of the business, no retail activity will occur so there will be no custamer
traffic. Repairs are done off-site.
Ms. Castle stated staff is recamlending denial because this use does not
co�ly with the intent of the Hyde Park, special zoning, area. Denial is
based on Section 205.04.03E which states: "whenever a lawful nonconforming
use of a structure is abandoned for a period of 12 m�nths, any future use of
31
PLANNING CONfl"IISSION P�ETING, SEP'I'II�4Bgt 14, 1988 _ P�GE 10
said structure or land shall be in confozmity with the provisions of this
Chapter."
Ms. Castle stated the petitioner wer.t before the Appeals Cormiission on
August 30 for sane associated variances . The Appeals Commission reco�c�nc�ed
approval of four variances and denial of one variance contingent upon nine
stipulations.
Mr. Robertson stated that even though the S-1 zoning does not specify any
uses with a special use permit, the i.m�lication of the zoning is that it is
to be treated simi.lar to R-1 zoning, and in an R-1 zone, there are other
uses that are allo�wed with a special use permit; for instance, hospitals,
schools, etc.
Mr. Ba.rna stated the City Council is going to hav�e to look at what they want
to see along University Avenue--c�rcial or residential.
Mr. Dahlberq asked if the possibility of rezoning this particular parcel of
property had been aonsidered by city staff to ma�Ce it appropriate for the
oor�rercial use.
Mr. Robertson stated the staff has not considered that possibility. They are
still going with the policy direction of an S-1 district. There is an addi-
tional problem in that they could not rezon2 just one piece of land; they
would have to rezone a strip or a node of scRne sort.
Councilmember Steve Billings stated that regarding Mr. Dahlberg's question
about rezoning, at the time the area was zoned S-1, consideration was given
to whether or not the block imrediately adjacent to University Avenue should
be S-1 or ccaurercial. The thought process was that rezoning is not short tertn,
but essentially is forever, and that at some point in t�me the existing comm�ercial
woula, for whatever reason, stap being used as conmercial and would then revert
to the S-1 zone which requires single family housing. Three of the Council
�ers on the City Council at the time the S-1 zoning unaniirouslY Passed
are presently on the City Council. Unless one of those three would be changinq
his/her viewpoint fran what it was 5 y�ears ago, he felt the odds of a rezoning
to comnercial passing at this time were very slim.
Mr. Dahlberg stated the reason he raised the rezoning issue is because this
particular parcel will likely never be a residence. Are they encouraging
occupancy of vacant properties in the City or are they trying to discourage it by
allawing archaic planning rec�ndations that might have been made years ago
because it seemed like a good idea at the time?
Ms. Sherek stated she would rather see the property occupied by a responsible
business awner rather than sitting vacant and an eyesore the way it is nvw.
These vacant buildings just becane a nuisance, and there are others around the
City.
Mr. Barna stated he had a probl�n with �his whole procedure. He was involved
in the S-1 zoning procedure as a menber of the Appeals Co�nission, and he
attended quite a few of the neighborhood meetings, and there was an intent
for this area to be residential only 8 years ago. Nvw the Plaz�uiing Co�nnission
is being asked to issue a special use permi.t, which is very logical for that
3J
PLANNING CCN�lISSION MEErING, SEpI'II�IBER 14, 1988 PAGE 11
site and that building, but not for an S-1 zoning district, because they are
being asked to issue a special use permit to run a cvmne�ial business in
an R-1 zoning area. He could not vote in fawr of issuing a special use
permit for a oo�nercial business on this lot. �
Mr. Dahlberg stated he agreed with Mr. Barna. As far as the zoning was con-
cerned, it is not appropriate to issue a special use permit for this zoning.
That is why he had suggested rezoning this parcel to make the parcel
appropriate and the building on that pa�el appropriate for a comrercial use,
unless they tear dawn the building and have a vacant site that is available
for residential. He thought this property should not be zoned S-1, and it
is unfortunate that it is zoned S-1, but he also agreed i.t should not be
given a spECial use permit under the S-1 zoning. He did thinlc it was appro-
priate that the building be used for this or another cocrrtnercial purpose.
He stated this is a vezy difficult decision to make.
rZr. Dick�son stated a precedent has been set because two special use perntits
were granted for this property in the gast, He stated he either has to get
into this building or he will have to go sare�where else. The building is
set up to be used as a comrercial building. He would like to go in on this
site and fix it up so it looks c�od.
MOTION by Nir. Saba, seconded by Ms. Sherek, to close the public hearing.
UPON A VOICE VOTE, ALL VO'I'ING AYE, VICE�HAIRPERSON KONDRICK DDCLARID THE
PUBLIC HEARING C7ASID AT 9: 35 P.M ,
MO'rION by Ms. Sherek, seconded by Mr. Saba, to recom�nd to City Council
approval of Special L'se Permit, SP #88-12, by Donald Dickison, per Section
205.05.04 of the Fridley City Code to allow an air conditioning, heating,
and electrical contractor office in an S-1, Hyde Park Neighborhood zoning
district on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd
Street N.E., with the s tipulation that the special use pe�ni.t run with this
business only, and if the property is sold, the special use permit will
e�ire .
UPON A VOICE VOTE, KOI�IDRICK, SHEREK, SABA, DAHI�BERG VO'I`ING AYE, Bd1RNA V�`I'ING
NAY, VICE—CHAIRPIIZSON KOI�IDRICK DECLARID THE MOTION CARRIID BY A VOrI'E OF
4—l.
MOTION by Mr. Dahlberg, seconded by Mr. Barna, to recomnend to the City
Council that consideration be given that the pa�el of property at 5973 -
3rd Street N.E. be rezoned by the City, not by the awner of the property,
to an appropriate zoning so a co�mercial business (C-1) can continue to
stay in this location.
Mr. Saba stated maybe there is another option here. Maybe they should
recognize that this area and the other comrercial businesses along University
Avenue in the S-1 District are going to be like that for some t�me, and maybe
the City should look at the possibility of modifying the S-1 zoning to allaw
a wider range of special use permits than are allowed in the R-1 zoning.
3K
PLANNING CCY�P'IISSION MF�,TING, SEPTEMBER 14, 1988 _ PAGE 12
MOTION TO �ID by Mr. Dahlberg, seconded by Mr. Barna, to recorrmend to the
City Council at they consider rezoning and/or modifying the S-1, Hyde Park
Neighborhood Zoning distric� to permit a wider range of special use pennits
than are allaw�d in an R-1 district.
�
UPON A VOICE VO'I'E, ALL VOTING AYE, VICE-CE�AIRPERSON KOI�IDRICK D�LAR�D THE �
AN�IDID D1CII'ION CARRIID UNANIl�4C[T6LY .
4. RDCEIVE AUGUST l, 1988, PARKS & RECRFATION C�ISSION MINUTES;
MOrI'ION by D'Ir. Dahlberg, seconded by Mr. Saba, to receive tl�e August 1, 1988,
Parks & Recreation Conmission minutes.
UPON A VOICE VO'I'E, ALL VOTING AYE, VICE-CH��FRSON KOI�IDRICK DDCI�FtID THE
MdI'ION CARRZID UNANIlKW SLY .
5. RDCEIVE AUGUST 4, 1988, H[Jf9AN RESOiJRCES C'ONA4ISSION P�INCTTFS_:
MOTION by Ms. 5herek, seconded by Mr. Barna, to receive the August 4, 1988,
Htunan Resources Conmission minutes.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-Cf�tPII�SON KOI�IDRICK DDCLARID THE
MOTION CARRIID UNANIMOUSLY.
6. RECEIVE AUGUST 11, 1988, HOUSING & RIDEVEI4 AUTHORITY MINUTES:
MOTION by Nir. Saba, seconded by Ms. 5herek, to receive the August 11, 1988,
Housing & Redevelopment Authority minutes.
UPON A VOICE VOTE, ALL VdI'ING AYE, VICE-CHAIRPERSON KOI�RICK DDCL,ARED THE
P�lOTION CARRIID UNANIMOUSLY.
7. RECEIVE AUGUST 30, 1988, APPEALS C�'Il`4ISSION MIlVU'I.�S:
MOTION by Mr. Barna, seconded by Mr. Dahlberg, to receive the August 30, 1988,
Appeals Commission minutes.
UPON A VOICE VOrl'E, ALL VOTING AYE, VICE-CHAIRPERSON KOI�IDRICK DDCL,ARID THE
MOTION CARRIID UNANIl�'IOUSLY.
8. OTI�R BUSINESS:
a. Ne�a Staf f Report
Mr. Dahlberg stated he would like to ccermend staff on the new Staff
Report that is naa included with each agenda iteqn. It is a great
idea, and it certainly helped simplify the things the Co�ussion mani�ers
are looking at and helped thezn in their decisions.
Mr. Robertson stated Kathy Castle is the author of this new Staff
Report.
PLANNING CONJNIISSION MEE.Z'ING, SEPTII�IBER 14, 1988
b. Code Etiforcement in the City of Fridley
PAGE 13
Ms. Sherek stated she was one of the vocal people calling City Hall
over the last five years cce�plaining about obncxious sites in the �
neighborhood. 5he is really getting to feel that the only places '
that get hit with any requests to corcply with City Codes in Fridley
are people that are either requesting some type of building permit
or special use permit or whose neighbors �lain to City Hall.
Ms. Sherek stated that in Minneapolis once or twice a year they flood
sdne of the neighborhoods with code ccxr�liance situations. They write
warnings to all people not in ocmpliance with city codes. She stated
she would like to see the City of Fridley do so�nething similar and
then follow through with the oode enforcement. The citizens could be
notified via the media prior to this city-wide code enforcment search.
Ms. Sherek stated they need to do a code conpliance thing, not based
on just somebody's complaints or samebody's request to upgrade a property,
but based on those people making messes in Fridley. She stated her
neighborhood is really getting to look like a du�.
Mr. Robertson stated he appreciated and agreed with Ms. Sherek's remarks.
He stated that the history of code enforcement over the last five years
is that it has been relegated to part-time t�rporary e�loyees. They
have finally been successful in getting a full-time career code enforce-
ment officer, Steve Barg. He has been given a job description to not
only respond to conplaints, but also to design and implentent systenatic
code enforcement throughout the City. Within that, Mr. Robertson stated
he has given Mr. Barg discretion to take a look at the City and to make
sccne recommendations on hvw to pmceed with systematic code enforc�nent.
D1r. Barna stated one of the prablems has been the lack of "teeth" in
the enforcement of a lot of codes.
Ms. Castle stated also the stipulations to builcling permits are not
really monitored. 5he has been working on trying to change that, and
in the past few weeks, she, along with Michele McPherson, the Landscape
Architect, and Steve Barg have gone through all the building permi.ts
designating areas to inspect. 5he is now reviewing those inspections
and in the next week she will start contacting these people. 6�Il'iat
success she will have, she did not kriaw. 5he did knaa that t-he Zoning
Code is not strong in the enforcement of any kind of permits.
Ms. Sherek stated it appears that city staff is going i� the right
direction. 5he felt what is really needed is a total co�liance
inspection of the City.
MCTION by Ms. Sherek, seconded by Mr. Barna, to recarn�end to the City
Council that they support a systematic oode enforanent in the Cit.y of
Fridley.
UPUN A VOICE VOTE, ALL VO'I'ING AYE, VICE-CHAIRPERSON KONDRICK DDCI,�IRID
THE NK)TION CARRIID UNI�NIMOUSLY.
3L
3M
pLANNING CUP�lISSION MEE�ING, SEPTIl�BER 14, 1988 PAGE 14
� � • � i�
MOTION by Mr. Dahlberq, seconded by Mr. Barna, to adjourn the meeting. Upo�n
a voice wte, all voting aye, �iice-Chairperson Kondrick declared the Sept� 14,
1988, P1anrLing Carunission meeting adjourned at 10:10 p.m.
Respectfully submitted,
� � -,, %1 ;
'/ / � �' "! � `� ` ;. /� �'�/�
J - _ _
Lynne� Saba
Recording Secretary
3N
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� PLANNING DIVISION
�
MEMOR�ANDUM
cinroF
F�a�
�
ZD: Jock Robertson, C2�munity Develoiment Director
Plannir,g Qamtission Members
F'R�M: Kathlyn Castle, Flannir�g Assistant
DATE: Septanber 7, 1988
R�ING: Special Use Feanit, SP #88-12, 5973 - 3rd S*_reet N.E.
PFD Ft� SAL
The peti*_ioner, Donald Dickison, is requesting a special use pennit be
granted to allaa an air oorriition, heatirig ard electrical contractor oftice
a*_ 5973 - 3zd Street N. E.
BAQCGF�UI�D
This prvperty is located in an S-1, Hyde Park Neighborhood District, whose
regulations are similar to that of an 1�1, Sirx3le Facr,ily Dwelling District.
This use would be regulated urnier a special use permit. The building and
site r�uirenents for the proposed use were evaiva*_ed urxier the C-1, Local
Busir�ess District regulations because it is similar in rature. Mr. Dicki son
aisc re�uested five variances, faur of which were approved by the Appezls
Cannission. This is scheduled for the Septanber 26, 1988 City Council
meeti r�g.
The Hyde Park Neighborhood was created a Speci.al District for the purpose of
res*oring its residential character. �he Zoning Code states the follawing
four cabj ectives :
1. Q-lange the present "legal, rnr�oor�oaning use" status of the residential
dwellings in the r�eighborY�od to a"corifoanir�g use" status.
2. Re-establish the residential character of the rieic�iborhood.
3. Pro*ect the property rights of all present l�arid aaners as much as
possible, while pranoting the residential development of the
nei�borhoa3.
4. Fstablish a zoning mechanisn for the neighborhood that will encourage
residential ir�es�nent a� develvpnent in Hyde F�rk.
This pr�osed use does rnt oat�ly with the interit of the zonir�g district.
SF #88-12
5973 - 3rd Street N.E.
Fa ge 2 .
3R
Despite this, a similar s�pecial use peanit raquest was previously granted in
1985 arid 1987 which allaaed a different oannercial use in an S-1 zone. The
1987 peanit was passed with four stipulations oorrernir�g site impravenents.
Due to extenuating circ�nstances, the petitioner riever used the special use
peanit ar�d never aanpleted the stipulations. '
Mr. Dickison's business will have a minimal affect on the surrounding
catmuni ty . H i s of f i ce wil l enpl v� appraxima tely two pec�pl e wi th the hopes of
acdirg two to three more anployees in a year. Due to the nature of the
b�ir�ess, rn retail activity will occur so there will be rc� custaner traffic.
ReF..ai rs are done off-site.
�.r,a�:��� IDr� :
S,*aff recarmends denial of sp�cial use peizr:it, SP #88-12, to allow an ai r
cornitior,ir�g, n�*_ir�g and electrical contractor office at 5973 - 3rri Stree*_
r:.E. Deniai is 1-�sed on Section 2C5.04.03E which sta*_es "whenever a lawtul
rnnconfom��ing use of a structur�e is a2�r�doned for a period of 12 months, any�
f�.:*_u:e use of said struc*ure or larri shall be in conformity with *r.e
pru� i si ons cf tr.i s Chapter".
Nt-u8-�i9
� 3S
� STAFF REPORT
APPEALS DATE - August 30, �9ss
�(N QF PLANNING COMMISSION DATE - september � 4,� 9ss
FRIDLEY CtTY COUVGL DAl'E - september 26, 1988
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
PARK DEDICATION
ANALYSIS
FINANCIAL IMPLICATIONS
CONFORMANCE TO
ADOPTED LAND USE
COMPATIBIUTY WfTH
ADJACENT USES 8� SERVIC
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATION
PLANNING COMMISSION
RECOMMENDATION
vAx 41ss-22
Donald Dickison
Because the building has lost legal non-conforming status,
variances are needed to use the building for an air
conditioning/heating/electrical contracting repair business
5973 - 3rd Street N.E.
10,324 square feet
22� lot coverage
S-], Hyde Park Neighborhood
North, S-1, Hyde Park Neighborhood; south, S-1, Hyde Park
Neighborhood; east, C-2, General Business; west, S-1, Hyde
Park Neighborhood
N/A
N/A
Proposed use is not compatible with the purpose of the
Hyde Park zoning district.
Same
Traffic demand, noise.
See staff inemo.
Approved four of the five variance requests.
Approval.
3T
PL�ADIIdIldG 4�NP�iISSIDN MEE.�Il�. J�,Y 27, 1988
U�N A VOICE VO'I'E, AI,L VOTIl�G AYE, Q�iAIRPER90N BEIZQLD DE(3�ARID THE NDTIaJJN
C7�RR� UNANIl�DUSLY.
Mr. Betzold stated this iten w�ould g� to City C,au�cil on August 8.
2. PUBLIC HEARIlaG: O�NSIDERAT�UN OF A SPECIAL USE PERMIT, SP #88-09, BY
OKI'EDDOX CHURC�i OF Tf� �CTIDN OF (3-�LS'I':
Per Section 205.05.04 of the Fridley City Code to allaa a church, parsorsge,
bell tower ar�d religious book store in an S-1, Hyde Park Neighborhood,
zonir�g district on Lots 27 arrl 28, Block 12, Hyde Park, the same being 5973
- 3 xd S treet N. E.
NDTIDN b� Mr. Kor�drick, seconded by Ms. 5herek, to waive the reading of the
fonral public hearirx3 mtice arrl to open the public heari�.
UL�N A VOIC� VOTE, ALL VOTIl� AYE, Q�AIRPER9�N BE�'LpLD DEC3�AR� TIiE NDTIUN
C�RR� UNANIl�DUSLY AI�J THE PIBLIC HF��RIl� OPEN AT 9:57 P.M.
Ms. C�stle stated this praperty was located on 3r3 Street, south of 60th
Avernie arri mrth of 59th Avera.ie. It was located in an S-1, Speci.al District
or Hyde Park District. Churches in S-1 districts were regulated by CI�1,
general office district regulations. 5he stated the buildir�g v�ras currently
existn� and was the former F.r�en� 5hed.
Ms. Castle s`.ated the petitioner was proposing to expand the building by
addir�g an entryway on the west side of the buildir�g arid an apse on the east
side of the building. Tl:e pro�posed parki� lot c7oes encroach about 5 feet
onto city property, Lot 29. This has been cwered by a variance. One of
the stipulations staff was reca�nerriir�g was that the petitioner lease this
portion o£ the pzvperty fram the city.
Ms. Castle reviewed the floor plan.
Mr. Vladimir C'�avhovsk�q,, the architect for the proj ect, stated there was
approxim.�tely 2, 000 sq. ft. of building area. Orie-half of that wauld be for
sanctuary, arxi one-half wauld be for adjoining uses--boak store, parsonage,
arxi i�throccn facilities.
Ms. Castle stated the building would be concrete block and stucco. She
stated the petitioner has applied for several vari.aryces. Those consist of
building variances and hard surface setback variances. The Appeals
Carmission approved all the vari.ances except the variance allowirx� the bell
tvwer in the front yard. The City Code does mt allav accessozy uses in the
front yazrl, only in the rear arr3 side yard. The Appeals Conunission did
discuss the use of the Uni.versity Averue slip-aff. Right mw, it is on Lot
29 arrl 20 which is avr�d by the City.
Mr. Barra stated two neighbors in attendance at� the Appeals Com�►ission
meetirx,� on July 19 agr�ed that the sl ip-of f should be closed. No one in
attendarice at the meeting had an� objection to the use o� the buildirig far a
church.
-15-
PL�AI�III�1G CDI�iISSIDN I�.TIldG. JLJLY 27. 1988
Mr. Fd�ertson stated apparently the slig-off has a long history that goes
back to the time when there were quite a few businesses on 3xd Street. At
the time of the widening of University Avenue, that was a canpramise to
retain access to those busir�esses on 3zd Street. Subsequently, there has
been a char�ge in city polic.y to retain Hyde Park as a residenti.al district.
Mar� of those businesses have been replaced by residences so the need fc�r
the slip-off has been reduced. Also, it should be pointed out that the
City plans the major renwation ar�d �grad.ir�g of University Averrue in this
sectian. �.is is the u�an denonstration o�rridor that will take place r�ext
spring, so i.f the City were to abarx3on the slip-off, the timing would be
apprapriate to make a r�eocnmerr]ation to the City �il naw so that could
be acarnplished next sprir�g.
Ms. Castle stated staff was reconunerr3ing appraval with the following
stipulations:
1. Parking situation to be reviaaed in two years to determine adequacy of
existir,g lot.
2. The church bell shall be only rung at the beginning of each mass on
Sur�day .
3. Reuse of this buildir�g by a different church is required to apply for a
s'pecial use pean.it.
4. A portion of Lot 29, appraximately 1, 604 square feet is being leased
- frnm the City at $1.00.
5. Landscapir�g to be irLStall�i as per plan b� July 1, 1989.
6. A perforn�ar�ce bor�d or letter of credit for 3� of the construction value
be given to the City prior to issuar�ce of the buildir�g peani.t.
7. Install six irr.h oor�crete curbing arourid the entire perimeter of the
�rkirig lot ir�cluding driveway apening by Nwenber l, 1988.
8. Parkirig lot t;o be sealoaated ar�d striped (eic,ht spaces) by Nwanber 1,
1988.
9. Pbsts are to be Y��aved upon iristallation of lar�dscapir�g (July 1, 1989) .
10. Petitioner to Aeintain site inmediately b� cuttirxJ grass ar�d elimiratir�g
weed.s.
Father John Magraam stated that regazdir�g, stipulation #l, he was wondering
if there was any oonr�ection between the two year review arri the amount of
time they wv�L1d be given to lease Lot 29 for the parkir�g.
Ms. 5herek stated that was a pertir�ent question, because if the slip-off is
closed, the City will have to vacate the property arxi Lots 29 ar�d 30 are
goir,g to beoome available for purci�ase. If the� are mt purchased by Father
John's church, then soaneone else could purchase thpsn and build a single
-16-
3U
PL,�AII�III�1G CDN��SSIDN MEErIl�, JiII�Y 27, 1988
family hame there. So, Father John would have to consider that if that
sli�-off fmn University Aver�ue was closed, in o=der to retain the parking
on Lot 29, his church mi�t have to purct�ase either Lot 29 or both Lots 29
arri 30 fran the City.
Father John stated that in the event they would not be able to reach a�n
agreenent with the City to either lease or purchase property for parking,
then they would be against havir�g the sliiroff closed.
Father Jdzn stated that regarding stipulation #2, he would suggest the
word.irg be changed that the church bells be rung only for services arx3
special occasions. They cb have more than one sezvice on a Sunday, arid they
do have services sanetimes on a Satu�3ay, perhaps twice a morith.
Father John stated that regar3ir�g stipulation #4, he v�ras askirig the City to
consider a 10 year lease for �rking. The previaus petitioner was given 3
Years. �
Mr. Betzold stated the Canni.ssion could certainly reca�nerid that amount of
time to the City Cauncil, arri then that could be negotiated with the City
Cour�cil .
Father Jahn stated tl�at he questioned Nw. 1, 1989, in stipulation #8 for
the d�,dline for the sealoa�tirx3 arr3 striping for the parking lot. They
will be closing on the pn�perty in Septat�t�er, arrl that might mt give them
ernugh time. Gould that deadlirie be exter�ded?
Mr. Betzold stated that if the petitioner had problems meeting that
deadline, he could request that the City Caur�cil eacterrl the deadlir�e.
Mr. Dahlberg asked what the function of the parsor�age would be.
Father Jahn stated it would be 2iving quarters for either himself or a
sister. They currently have a priest's resider�ce in Fridley, so this would
be additioral livir�g quarters.
Mr. Chahovsko� stated that app�cimately or�e-faurth of the buildir�g (appinoc.
250 sq. ft. ) would be the parsorsge arm.
NDTIDN b� Mr. Saba, secorr7ed by Ms. Si�ere3c, to close the public heari�.
UF�N A VOICE VOTE, ALL VOTINs AYE, C�N BEIZQLD DECLARID THE P[�LIC
HFARIl�IG QASID AT 10 ; 47 P. M.
Mr. Barra stated he wanted to again point out that the neighbors at the
App�ls CaRmission meetir�g seened quite happ� with the proposal arxi were mt
aPPosed to the church.
Mr. Saba stated he had m problems with the proposal. It seened like a c�ood
pl�n far the use of a currently umiserl facil ity. He would be in favor of
recarcmendir�g appraval of the special use perntiit.
-17-
3V
K�
PL�AI�VIl�1G mNY�iISSIDN MEE,TIl�1G. JLJLY 27, 1988
Mr. Dahlberg stated he had one major eor�cern about the project as proposed
with respect to the buildin� fur�ctionir�g also as a place of resiclence for a
priest or a sister. He thou�t it was lackir,g fran the star�dpoint of what
they mi�t classify as a minimaan requirenent for housing of an ir�dividual.
City ordirar,ce irriicates tl�at the snallest allowable squa.re footage for �
resider�ce in a multiple c�vellir�g district (the least restrictive) was 425
s�. ft. In an R-1 district, that would be 768 sq. ft. He personally felt
that p�rtion of the building that was goir�g to be utilized for a resider�e
siw��ld be sep3rated frcm the rest of the use o� the build.ir�g a� shauld meet
the minimLm► standards (425 sq. f t. , or any other siz e the Planning
Coamission or City Caur,cil deened a�mpriate) . Just fram the starr�point o�
the organization arri the layaut of the praj ect, he did mt feel co�nfortable
that it meets minimtan sta.ridards or miniirnm requiren�ents.
Mr. �bertson stated he oould ask for a deteanination f�c�an Darrel Qark, the
Chief Building Official. There is a kitchen area arrl a bathroan area
adjacent to the sleeping roo�n. When a facility is prwided in a large
building for a watchperson, for example, he did not know haw that
detenniration was made.
Mr. Barra stated Mr. Qark did not sean to have a problen with this, and he
did rnt either, fran the starrlpoirit that the entire 2, 000 sq. ft. was the
residence arrl irore than meets the 1�-1 oode. �
Mr. Dahlberg stated he did not think the issue was that this was a
residence. This is rnt a resider�ce. They are apprwir�g a charige in use for
this build.i� to a church. They are mt sayir�g this is a residerre that can
be used as a church. If they are goi� have multiple uses within a given
stn�cture, then there shauld be a def inite separation between those uses.
Mr. �rtson stated that was an ir�terpretation of the Building Code that
would have to be made, arrl he wauld bring this question to Darrel Clark,
C�ief Buildirig Official arri staff representative tfl the Appeals Cannission.
Ms. Sherek stated there r�eeded to be an apinion before this goes to City
Caur�cil.
Mr. D�hlberg stated there must be a dete�►,iration arrl an opimn rer�dered by
staff relative to the buildir�g oa3e as well as the city orclirace.
I�D'I'IDN by Mr. Dahlberg. secorried by Ms. Sherek, to recarmerrl to City Cour�cil
approval of special use pennit, SP #88-09, by the Orthodox Church of the
Resurrection of Q�rist, per Section 205.05.04 of the Fridley City Code to
allow a church, parsorage, bell tower, ar�d religious book store in an S-1,
Hyde Park Neigt�bori�ood, zoni� district on Lots 27 arr3 28, Block 12, Hyde
Park, the same being 5973 - 3rd Streete N. E. , with the follawing
stipulations: �
1. Parkir�g situation to be reviaved in two years to deteanine adequacy of
- existing lot.
2. The church bells shall be zur�g only for sezvices. _
3• Re�use of this buildir�g Y� a d.ifferent church is required to apply for a
-18-
PIrADINIl� CDI�SISSIDN MEETII�. JLA,Y 27, 1988
special use pennit.
4. A portion of Lot 29, approxiiretely 1,604 square feet, is being leased
- fran the City at 51.00 per year as long as the s�xcial use pennit is in
ef f ect.
5. Landscapirg to be installed as per plan � July 1, 1989. �
5. A perfoanar�ce borri or letter af creciit for 3$ of the wnstruction value
be given to the City prior to issuar�ce of the buildirg pennit.
7. Install six i�h cnncrete curbing around the entire perimeter of the
��rkirg lot ir�cludir�g drivaNay vpening by Novenber 1, 1988.
8. Parkirig lot to be sealooated ar�d striped (ei�it spaces) by Nwgnber 1,
- 1988.
9. A�sts are to be i�enoved upon installation of lar�dscapir�g (July 1, 1989 ).
10. Petitioner to maintain site immediately, upon the closing on the
P�PertY, bY cuttir�g grass ar�d elimirating weeds.
11. If this facility is to be used also as a resider�ce, it should meet the
- apprnpriate minimtan codes, ordirsr�ces, azyd starrlan3s.
UI�N A VOICE VOTE, ALL VOTIl� AYE, Q3AIRPER9�N BEIZQ�,D DECZARED THE NDTTDN
C�.RRIED UNANIl�DUSLY.
rDTIDN b� Mr, Barra, secorbded by Ms. Sherek, to reco�ner�d that the City
Caur�cil look into the possibility of closing the slip-oft at University
Avernie/3rd Street between 59th ar�d 60th Ave.�ues.
UFON A VOICE VOTE, ALL VOTIl� AYE, Q�AIRPER9�N BIIZpLD DECLARID THE NDTION
CARR.,gD UNANIl�DUS[,Y.
3. RDCENE TE� HtJMAN RF9�UR�S CDN�IISSIDN 4�ARI�i�AN FOR 1988-89:
I�DTIDN b1r Ms. Sherek, secrorried 13r Mr. Saba, t� receive the 1988-1989 Him�an
Resources CaYmission Workplan aixi reoatmerr3 apprwal to the City �il.
UF�N A VOICE VOTE, ALL VOTIl� AYE, Q�IAIRPER90N BEIZQLD DEQ,ARID THE NDTIIJN
��,RR7m U1�,NIlrDUSC,Y.
4. RDC:EIVE I�,Y 17. 1988, JOIl�Tr ENJIIi��TrAL 4tJALITY/II��Y CDNMISSIDN N[IlVLTI�:
NDTIDN by Mr. Saba, seconied by Mr. Dahlberg, to receive the May 17, 1988,
Joirit Envirormental Q uality/Er�ergy �nission miraites.
UFi�N A VOICE VOTE, ALL VOTIl� AYE, Q�AIRPER�N BEIZOLD DE(3�ARID THE bDTmN
C�„RR� UNANIl�DUSLY.
5. RDC'EN E JUI� 2, 19 88, HUN�,N 12F�URCFS QJI�IISS IDN MIl�FS :
rDTIDN by Ms. Sherek, seoonied by I�ir. Itondrick, to receive the Jur�e 2, 1988,
Hunan Resources Oaimission mirutes. -
-19-
�
3Y
FRIDLEY CITY COUNCIL i�ETII�iG OF NA/EI�ER 9, 1987
variance, V AR 486-30. Seconded b�(,,,�qy�;,�m�A �-�°���'"`tm�bice vote,
all voting a ec ared the motion carried unanimously.
o. RECENINC TF� MINUTES OF THE PLANNING COMMISSION I�ETING OF OCTO�ER 21
1,�87 : �
A.
ON OF
T. S P #t37-
A DIFFERENT COI+Il�RICAL IISE IN AIi S-1 ZONING DLSTRICT SPECIA
Z UNING DISTRICT FOR HYDE PARR) LOCATED ON LOTS 27 AND 28.
BLOCK 12. HYDE PARK, Ti{E SAI� BEINC 5973 3RD STREET N.E.. BY
JOHN GLYNN:
Mr. F.obertson stated this ia a requeat for a apecial use permit in the S-1
special zoning district for Hyde Park. He stated this particular property
uas the subject of a special uae permit granted in 1985, however� the
petitioner never took occupancy of the building and the operation r+asn't
finalized. He atated !"�r. Glynn ia propoaing a larer intensity use than the
one approved in 1985 and fewer parkin6 apaces will be required.
!',r. Robertson stated the Plannins Comeission at their OctoDer 21 meeting
recoQ..nended approval of thia apecial use permit with four stipulations which
he outl ined.
MOTIOtI by Councilman Fitzpatrick to concur r+ith the recoamendation of the
plannina Co�miasion and grant ap�eial uae permit, SP #87-18. With the
following atipulationa: (1) buildina facade improvement�, �ubject to staff
approval, to be completed by October 3�r 1988i i2) landacape improvenents,
as per City plan dated October 21, 198T, to be in�talleC by October 31 �
�988. Location of planting� on north aubject to Council determination; (3)
parkirg situation to be reviewed in txo years (or sooner if necessary) to
determine adequacy of existing parking lot. If additional stalls are
required, petitioner will install expanded parking xith concrete curbing as
per Gctober 21, 1987 drawing. Contingent upon Council app de Park' 1 ande ( 4)
approximately 1,604 xluare feet of Lot 29� Block 12� Hy ,
petitioner agrees that any tuturt reuse of the building is subject to
finding� through a apecial u�e Dermit procesa, that the reuse r+ould be
coapatible with the surrounding neighborhood. Seconded by Councilr�an
Goodspeed. Upon a voice vote� all voting aye� MaYor Nee declared the motion
carried unanidously. �
B.
BY ROBEAT XIJDLA:
A
Mt�, Robertaon atated thie ueat tor a special use permit to construct
•�sr� in • t'lood zo rict. iw atated all xtback requirementa xill
bt Nt and th� o pulations la�ol�e flood proofing the building to
comply xith menta of th• flood plain zor�. He stated the Planning
Commia�i commended �ppro�sl ot this speeial u�e per�iL with four
stiD ons vhich he outlir�sd.
S��
9.
10.
11.
C� IL i�.ETIt� Car PDVFa�E�t 18. a.985
f�T10N by Councilman Schneider to waive
ordinanae upon first reading. Seoonded by
voi ce vote, all voti ng aye, Mayor Nee
una nimously.
SP #87-18
John Glynn
the readi ng and appr e th i s
Councilman Goodspe . ►lpon a
declared the� m on carried
,r �
r'
0
K�TION by Councilman Schneider to reoeive minutes of the Cha�ter
amnissim meeting of l�rch 18, 1985. Se ded by Councilman Barnette.
Upon a voioe vote, all voting aye, Mayor e declared the motion carried
urianimously.
���:
M�TION by Councilman S ider to ceceive the minutes of the Cable
Tel�isian Carmission ing of October 17, 19@5. Seconded by Council�ran
Barrette. Up�n a v'oe vote, all voting aye, Mbyor Nee declared the motion
ca r ri ed t�anim .
i
�. A/
�l4: ��/ � : �. . ; _ , � 'r Y4,
�73 3RD �,
..._,�._ ., t•.
Mr. Flora, Public works Director, stated this proposal is to allcw a
printing plant at 5973 - 3rd Avenue. He stated the business previously at
this locatirn was The F��erc� Shed. Mr. Flora s*ated the property is in an
S-1 zane in the Hyde F�rk area.
Mtr. Flora stated the petitioner agrees to make substantial si te
improvenents, and the Planning Coraaission reoommended appraval with nine
st i pul ati ons, whi ch he outl ired.
cb�mcilman Goodspeed stated the stipulatian that the City should sell land
to S-1 zrned property was in violatian o�f the spi ri t of the S-1 zoning i n
t.nat these busiresses should�'t expand.
Councilman Fitzpatrick stated he agreed with Councilman Goodspeed on
expansirn of rorroonfocming u�es which they vould have if the petitioner
wete to buy the City land. He stated if the petitioner were to purchase
this land, he belirved it vatld affect a n�►ber of the stipulations. Ne
stated the questian h� had Ma� if the petitioner, Mc. 9nith, wishes to
purcfiase this City pcoperty. Mr. 9oith stated he did not.
Mt, 4��i, C�tY ltir�ager, asked Mr. 9aith hav toany parking speaes he reeded
4n Otdt to c�fld�ct hia busir�ess. Mr. 9oith stated six to eic�t cars would
t�e there an any given dsy. Mr. O�eahi asked Mr. 9mith hw b l�t�epaoaide
pr ov ide the ps rki ng. !t . 9nith stat�ed i t woul dn t be po
the required parking if it haci to be n�rked and striped, without the extra
-25-
3Z
sP # s�-is 3 A �►
John Glynn
..1 ,_ • L� y r �•
1and. I�t. Qureshi etated the questian really is if this is an improvenent
to the building. He stated. if it is, he felt there should be curbi ng to
make it look presentable.
Cb�ncilman Sd�neider stated if City land is used, it precludes anything
being built on the slip-off. Mt. Flora stated there has been scme
discussion befoce the Plaiuzing Coma►ission about the City closing off�th�
sl ip-c�f .
Oa�ncilman Fitzpe�tridc stated there were atatenents to the effect that the
pur�nse of the S-1 zoning was to return the area to residential.
Mr. 3nith stated he ras in agreenent with the stipulations made by the
planning Conmission and would work with the Qty regarding the parkiny and
landscaping. Mr. Flora btated staff can work with Mr. 9nith to bring the
�roperty cl oser into oode o�mpl ianoe, without him aoqui ring addi ti onal
property fran the City. .
Cb�cilman Goodspeed stated he did not want additional land c�ven or �� �1 to
the petition,er. but he would not be opposed to his leasing it.
hDTION by Co�ncilman Goodspeed to grant special use permit SP �85-12 to
alla�+ a different ax�mercial use ir� an S-1 District at 5973 - 3rd Street,
with the falla�ring stipulatirns: �1� exterioc impcavenents be made to the
building, as pet plan, by May 1, 1986; (2) a portion of Lot 29,
approximately 1,604 eq�are feet, be leased fran the Gity for 51.00 per }�ear
with the City's ricj�t to termir�ate the lease with a one yearo�otian� aWitr,
the third year; (3) parking area be pravided, as per pl p
onncrete wrbing and asphalt paving by July 1, 1986; (4) landscaping be
�rovided, as per plot plan, bY Au9ust 1. 1986t (S) a sound insulatc� ch�:bE�r
be provided for the air oompressor, prior to occupancy; (6) a site
imgravenent performanae b�nd be pcwided in the snamt of 55,000, prior to
the issuanae af a building permits (7) expansirn of the P�aPos�d b�'siness,
including the addition of a prirrt.ing press.or buildingeeddi�kons'needs
require a reviev of the special use permit, (8) employ Pa 9.
should not exceed eic�t etalls at any one time. unless additia'�a1 par:.in:3 is
mac3e availat�le; and (9) this spedal use penait is for the �.roposed Wvl�`�`�
only. Seaended by �uncilman Schreider. Upon a voioe vote, all votir:g aye,
t�yor Nee declared the motian carried unanimously.
B. cEI'fII� A R7RLIC f�ARING ON '''�'� "u►'rrF:R OF A FINAL PIAT,
.
,�� fitzpatridc to eet the pualic hearing on this plat fur
�l�I� �' '� n a voioe vcte, all
Devenber 2. 1985... by Cb�ncilman Sd�reider. Upo
voting aye, M�yor N�►e-declar motian cacried unanimouslY•
..,
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Donald Dickison
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sP #sa—�2 3 D D
Donald Dickison
l29.0� �
� � -�
S ITE PLA N
3EE
_
C(iYOF
FIZiDLEY
CIVlC CENTER • 6�131 UNIVERS[TY AVE. N.E. FRIDLEY, MINt�ESOTA 55432 • PHONE (6f2) 571-3450
September 20, 1988
Donald Dickison
1321 - 26th Avenue N.W.
New Brighton, MN 55112
RE: Special Use Permit, SP 4�88-12
Dear Mr. Dickison:
Enclosed you will find the minutes regarding previous special use permits
for your site at 5973 - 3rd Street N.E.
If you have any further questions, please contact either myself or Darrel
Clark at 571-3450.
Sincerely,
Kathlyn Castle
Planning Assistant
KC/dn
C-88-471
Donald Dickison
SP 4�88-12
Stipulations
�=
]. The special use permit run with this business only, and if the praperty
is sold, the special use permit would expire.
3FF
RESOLUTION N0. - 1988
�=
A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S.
1�88-04, TO SPLIT A 4 FOOT BY 50 FOOT TRIANGLE OFF THE
SOUTHEASTERLY CORNER OF LOT 2, BLOCK 2, MARIAN HILLS
SECOND ADDITION TO BE COMBINED WITH THE PROPERTY TO
THE EAST, LOT 1, BLOCK 2, MARIAN HILLS SECOND ADDITION,
ALL TO CORRECT A CERTIFICATE OF SURVEY DONE IN 1969.
WHEREAS, the City Council approved a lot split at the
meeting; and the Planning Commission stipulation attached as Exhibit A; and
WHEREAS, such approval was to split a 4 foot by 50 foot triangle off the
southeasterly corner of Lot 2, Block 2, Marian Hills Second Addition to be
combined with the property to the east, Lot 1, Block 2, Marian Hills Second
Addition, all to correct a certificate of survey done in 1969, generally
located at 1350 - 52nd Avenue N.E. and 1340 - 52nd Avenue N.E.; and
WHEREAS, the City has received the required Certificate of Survey from the
owner; and
WHEREAS, such approval will correct a certificate of survey done in 1969.
NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner
to record this lot split at Anoka County within six months of this approval
or else such approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 1988.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
3GG
3HH
_
� STAFF REPORT
APPEALS DATE
C���F PLAI�1f' CONMSSIOW �ATE � September i4, i9as
F'IZIDLEY CITY COI�iC� DATE: September 26, 1988
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZON�VG
ADJACENT LANO USES
PARK DEDICATION
ANALYSIS
FINANCIAL IMPLICATIONS
CONFORMANCE TO
ADOPTED LAND USE
COMPATIBILITY WITH
ADJACENT USES 8� SER�
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMEI�ATION
APPEALS RECOMMENDATION
PLANNWG COMMtSSION
RECOMMENDATION
L.S. 4�88-04
Stanley T. and Phyllis M. Prokopowicz
This lot split is to correct an incorrect survey done in
1969.
1340 - 52nd Avenue N.E.
11,250 square feet
R-1, Single Family Dwelling District.
north, R-1, Single Family; south, R-1, Single Faomily; east, R-1, Single
F�nily; west, R-1, Single Faomily.
yes
yes
Approval
Approval
� PLANNING DIVISlON
�
MEMORANDUM
cinroF
F���
ZO: Jock Robertson, C1�n[nunity Develqment DirectAr
FR�M: Kathlyn Castle, Planning Assistarit
DATE: Septenber 6, 1988
R�AF7DIl�G: Staff Report
BACSCGr'i�UI�ID
The petitioners, Stanley ard Phyllis Prokopowicz, are requesting to split
approxin�ately 4 feet b� 50 feet triangle off the southeasterly corner of
their lot, Lot 2, Block 2, N�rian Hills, to oorrect an irrorrect 1969 survey.
The lar�d that is split off will then be cambined with the property to the
�st. The new property lines will then correspond to the retai ni ng
walls/fer�ces which are Pxistir�g. The ler�als will both be altered to reflect
the char�ge.
PL�NN ING Q�NS IDERAT IDNS
The prr,�osed lot split/c•anbiration wi11 rnt create substar�dard lots for the
district (R-1, Sir�gle Fa¢nily) it is located in.
REOJNII��IDAT IDN
Staff recannerris apprvval with stipulations:
1. A division/canbination fozm be signed by *he fee vwner and returned to
the City � Dece��ber 2, 1988.
KC/dn
I� 88-217
L.s. ��ss—o4 3JJ
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SURVEY FOR:
Stanley T. & Phyllis Prokopowicz
1350 52nd Avenue, NE
Minneapolis, MN 55421
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Lot 1, Block 2, :�tarian H�lls Second Add�tion, and that na-t of Lot 2, Block 2, :farian
Hills Second Addition described as Follows: Be�inning at a+�oint on the East Line of
said Lot 2, 50 feet north of the Southeast co:ner thereof; thence south along the East
line of said Lot 2 to said Southeast corner; thence west along the South l�ne of said
Lot 2 a distance of 5 feet; thence nortneasterly to the ooint of be�inning; Cit� of
Fridley, Minnesota.
I hcrcby ccrtify tt�at this sun+�y, pfan pl�at, prclimirrary pht or rcport was prcp�arcd by mc or undcr
my dircct supervision amd that t am a duly Rcgistcrcd Land Surveyor under thc laws of the Statc
in,ncsota. �c� �.3 L �b. /, /J $$ 9 F
Re�. No. Date Job No. Book No.
Stanley Prokopowicz
L.S. 88-04
Stipulations
l. A division/combination form be signed by the fee owner and returned to
the City by December 2, 1988.
3NN
300
CITY OF FRIDLEY
APPEALS COhII�iISSION MEETING
AUGUST 30, 1988
CALL TO ORDER:
�'ice-Chairperson Sava6e called the August 30, 1988, Appeals Commission meeting
to order at 7:35 p.m.
ROLL CALL:
Members Present: Larry Kuechle, Diane Savage, Kenneth Vos
Members Absent: Alex Barna, Jerry Sherek
Others Present: Darrel Clark, Chief Building Official
Donald Dickison, 1321-26th Avenue �.W., New Brighton, MN
Gerry Messler, 5805 France Avenue S., Edina, MN
APPROVAL OF AUGUST 2, 1988, APPEALS COMMISSION MI\UTES:
�fOTION by Mr. Kuechle, seconded by Dr. Vos, to approve the August 2, 1988,
Appeals Commission minutes as written.
UPON A VOICE ��OTE, ALL VOTING AYE, VICE-CHAIRPERSON SAVAGE DECLARED THE
MOTIOti CARRIED UNANIMOUSLY.
COIr'SIDERATION OF A VARIANCE REQUEST, VAR 4�88-22, BY DONALD DICKISON:
Pursuant to Section 205.13.03.C,(2) of the Fridley City Code to reduce the
side yard setback from 15 feet to S feet; pursuant to Section 205.13.03.C.(3),
of the Fridley City Code to reduce the rear yard setback from 25 feet to
7 feet; pursuant to Section 205.13.05.D,(5), of the Fridley City Code to
reduce the minimum hard surface setback from a public right-of-��ray from
20 feet to 7 feet; pursuant to Section 205.13.OS.D,(5), of the Fridley City
Code to reduce the minimum hard surface setback from the main building
from 5 feet to 0 feet; and pursuant to Section 205.13.OS.D,(5), of the
Fridley City Code to reduce�the minimum hard surface setback from 5 feet to
0 feet at the side lot line, to allow an air conditioning, heating, and
electrical contractor office on Lots 27 and 28, Block 12, Hyde Park, the
same being 5973 - 3rd Street N.E.
MOTION by Dr. Vos, seconded by�Mr. Kuechle, to waive the reading of the
public notice.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSOr' SAVAGE DECLARED THE MOTION
CARRIED UNANIMOUSLY.
3PP
APPEALS COMMISSION MEETING, AUGUST 30, 1988 PAGE 2
MOTIOh by 'Sr. Kuechle, seconded by Dr. Vos, to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, 4:CE-CHAIRPERSON SAVAGE DECLARED THE
PUBLIC HEARING OPEN AT 7:37 P.M. .
Vice-Chairperson Savage read the Administrative Staff Report:
ADMINISTRATIVE STAFF REPORT
5973 - 3rd Street N.E.
VAR ��88-22
A. PUBLIC PURPOSE SERVED BY REQUIREMENT:
Section 205.13.03.C,(2), requires a side yard setback of not less than
15 feet.
Public purpose served by this requirement is to provide for adequate open
spaces around structures, to maintain clear access for fire fighting
purposes, and to reduce conflagration of fire.
Section 205.13.03.C,(3), requires a rear yard setback of not less than
25 feet.
Public purpose served by this requirement is to provide adequate open
spaces around structures for aesthetic and fire fighting purposes.
Section 203.13.OS.D,(5), requires all parking and hard surface areas to
be no closer than 20 feet from any public right-of-way.
Public purpose served by this requirement is to allow for aesthetically
pleasing open areas adjacent to public right-of-ways.
Section 205.13.OS.D,(5), requires all parking and hard surface areas to
be no closer than S feet from the main building.
Public purpose served by this requirement is to provide for adequate open
space areas around structures for aesthetic and fire fighting purposes.
Section 205.13.05.D,(5), requires all.parking and hard surface areas to
be no closer than 5 fe�et from any side lot line.
Public purpose served by this requirement is to provide for adequate open
space areas around structures for aesthetic and fire fighting purposes.
B. STATED HARDSHIP: •
Because the building has lost legal nonconforming status, variances are
needed to reuse the building.
3QQ
APPEALS COI�NISSION MEETING, AUGUST 30, 1988 PAGE 3
C. ADMINISTRATIVE STAFF REVIEW:
Mr. Donald Dickison, the petitioner, is requesting the City to ,grant
several variances which would allow him to establish an air conditioner/
heating/electrical contract business at 5973 - 3rd Street N.E. Variances
must be granted because the building has not been used for one year.
therefore, has lost legal non-conforming status.
This property is located in a special district, S-1, Hyde Park Neighbor-
hood, which the City considers comparable to R-1, Single Family dwelling
district. A commercial use in this district is allowed as a special use
and will be regulated by the C-1, Local business district requirements.
While evaluating the petitioner's variance requests, consideration should be
given to the existing status of the property. Four of the five requests are
either existing or necessary. The variance regarding a reduction of the
five foot hard surface setback from the main building to zero feet is not
necessary. Due to the petitioner's parking lot improvements, the five foot
hard surface setback could be installed and the parking lot would still comply
to the City Code.
If approved, staff recommends the following stipulations:
1. Variance approval contingent upon approval of special use permit.
2. A portion of Lot 29, approximately 1�604 square feet, will be leased from
the City for $1.00 per year as long as the business is in operation at
this site.
3. Landscaping to be installed as per plan b}• September 1, 1989.
4. A performance bond or letter of credit for 3X of the construction value
be given to the City prior to issuance of the building permit.
5. Parking demand shall not exceed ten spaces unless additional spaces are
provided.
6. Install six inch concrete curbing around the entire perimeter of the
parking lot including driveway opening by September 1, 1989.
7. Parking lot to be sealcoated and striped, ten spaces, by September 1, 1989.
8. Bollards are to be removed upon installation of landscaping.
9. Petitioner to maintain site immediately by cutting grass and eliminating
weeds.
3RR
APPEALS C��MISSION �EETING, AUGUST 30, 1988 PAGE 4
Mr. Clark showed the location of the property on the Location Map and Zoning
Map being to *_he southeast of the intersection of 3rd Street and 60th Avenue.
A slip-off comes off University Avenue to 60th Avenue and feeds onto 3rd Street.
The Site Plan shows the parking lot, landscaping and curbing. The parking lot
would have 9 parking stalls rather than 10, as stated in the Staff Report. The
variance is for a sideyard setback on the south from 15 feet to 5 feet: reduce
rear yard setback from 25 feet to 7 feet; reduce parking lot setback from a
public right-of-way in two locations - one from 20 feet to 10 feet and the
other 20 feet to 7 feet; the parking lot would extend S feet into the next lot;
and to reduce the setback of driveways and parking areas from buildings from
5 feet to 0 feet. Staff inet with the petitioner to discuss the variances.
Staff recommends approval of the variances with the exception of the setback
of 5 feet to 0 from the building. This 5 feet is recommended as a bUffer so
that traffic does not hit the building. Fetitioner would prefer not to stay
5 feet away from the building due to the cost.
The stipulations regarding landscape and irrigation are recommended for
completion by September 1989. The petitioner is familiar with the.plan but is
not sure he would get complete� by September 1989. The petitioner plans to
open a commercial shop with little retail sales of materialsfor an air conditioning.
heating and electrical contracting business. Staff would pick up supplies and
then go to another location to inGtall. The area should not get a lot of
commercial traffic other than in the morning and evening. Mr. Clark indicated
tnere has been discussion of closing off the slip-off from University. The
petitioner has no problem if this should be done. The petitioner understands
that, if this is done, he would be provided an opportunity to acquire the two
lotsthat would become available for future development. The Planning Commission
will have a special hearing on this variance request on September 14. Their
recommendation will go before the City Council on September 26.
Dr. Vos asked the reasons for a 5 foot setback from the building.
Mr. Clark stated this buffer is to prevent traffic from coming in contact with
the buildin � This space also provides an area for a walkway and snow storage.
�r. Kuec;lle noted that most of the property would need to be curbed.
Mr. Clark agreed that there is a lot of curb for a small lot.
Mr. Messler sug�ested the elimination of the curb on the entire east side al,ong
the alley. The curb blocks off use for the alley and would eliminate part of the
curbing, from a practical standpoint.
Mr. Dickison stated the curb along the alley was not a problem. There is enough
room for the trucks with tile plan as it is.
Dr. Vos asked if the City had received any calls from nei�hbors.
Mr. Clark indicated he had received no calls.
Mr. Messler requested consideration to not require irrigation. The bulk of
the landscaping will be on City property. The petitioner is being asked to
spend $3,000-�4,000 to sprinkle one bush which seems to be more than what is
required. �
3SS
APPEALS COMMISSIOr MEETING, AUGUST 30, 1988 PAGE S
Ms. Savage asked if the irrigation had been added as a stipulation.
�:r. Clark stated that irrigation should be included because the City requires
irrigation on new construction and buildings being remodeled. The seller has
agreed to cover some of the outside costs. It was his imderstanding that the
petitioner will put it in but may not get the installatiaa done by Sept. 1989.
Mr. Dicicison stated he agreed with the curbing. The landscape and irrigation
is to be done in one year. His suggestion is to blacktop and curb, but he would
like two to three years to get the landscaping done. Mr. Dickison also
requested the bond requirements be waived.
Mr. Messler indicated the property is being purchased on a contract for deed.
The seller has reduced the price to allorr for improvements. The improvements
are equal to 25°1. of the purchase price.
Dr. Vos stated that a lot of the landscaping being requested is in antici-
pation of the slip-off. He felt there was no advantage to put in landscaping
if the decision regarding the slip-off will not be implemented until later.
Mr. Kuechle did not feel the cost for irrigation and landscaping would be a
najor cost item.
Mr. Dickison stated the sprinkling system would cost a minimum of $2,000. His
desire is to make the appearance presentable to the area. He is willing to do
khat is requested but is asking for three years to complete the landscaping
and irrigation. The landscaping would depend on the slip-off and the future
�ecision regarding same. The only reason for the bushes is to prevent li�hts
fron shining into houses at night, and this is a daytime business.
Ms. Savage asked what would be done to the building and when business would
commence at this site.
Mr. Dickison stated the exterior would be refaced and painted. T;�e buildine,
is in good shape and improvement would be cosmetic. He plans to put in the
curbing this fall, if time allows; however, he would do the parking lot
differently if there was no slip-off.
Mr. Clark stated that University Avenue improvements would be made next year
and a decision on the slip-off should be made in the spring. The stipulations
give the petitioner until the following fall which should allow for changes.
If the slip-off is approved, the request with changes can be re-submitted,should
circumstances change.
Mr. Clark indicated that staff is recommending approval of all variances
with the exception of the S foot to 0 foot variance along the north edge of
the building, the only exception being the short Wall along the east and
north where trucks will be loading. The City is trying to get the property
up to code. The commission can make a recommendation if they Wish regarding
the future decision affecting the slip-off.
Dr. Vos asked about the performance bond or letter of credit.
Mr. Clark stated this is a City policy. On a new building, 3X is usually
spent on a performance bond. This is included in the stipulations to inform
the petitioner.
3TT
APPEALS COMMISSION MEETING, AUGUST 30. 1988 PAGE 6
�OTIOti by Dr. Vos, seconded by Mr. Kuectile, to close the public hearing.
UPOti A VOICE VOTE. ALL �'OTIhG AY�. �ICE-CHAIRPERSOr SAVAGE DECLARED THE
PUBLIC HEARING CLOSED AT 8:i2 P.M.
Dr. Vos indicated he did not Wish to put the petitioner in a position of a
hardship due to the question of the slip-off. He agreed with the requirement
of a 5 foot setback along the building, and questioned the necessity of the
curb along the all�y.
Mr. Clark indicated the curb delineates the parking from the alley and detains
traffic.
Mr. Kuechle agreed with the staff recommendations. The cost for landscaping
amounts to approximately 2% of the building cost. If the other lots become
available, this could change the plan. He did not feel the overall cost was
severe. The stipulation sets the date for September 1989. By the time the
proposal goes before the City Council. it will be October. It may be necessary
to wait until next spring before doing work. The money for the improvements
could be saved until next year at which time a decision regarding the slip-off
should be made.
Mr. Clark recommended not doing the work this fall.
Dr. Vos indicated that the plan is under present circumstances which could
change by next year and then the petitioner �oould again have to go through
the process.
Mr. Clark indicated that in this neighborhood parking lots for commercial use
and apartment buildings are allowed with a special use permit. If the parking
lot configuration would change, the petitioner would need to go to the Planning
Commission for a special use permit for an expanded or revised parking plan.
Ms. Savage basically aoreed with the staff recommendations. The area is
residential and the aesthetic considerations are important. The stipulations
leave flexibility to allow the petitioner time to find out what is happening
with the property.
MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend to the City Council
approval of Variance Request, VAR #88-22, by Donald Dickison, pursuant to
Section 205.13.03.C,(2) of the Fridley City Code to reduce the sideyard setback
from 15 feet to S feet; pursuant to Section 205.13.03.C,(3), of the Fridley
City Code to reduce the rear yard setback from 25 feet to 7 feet; pursuant to
Section 205.13.05.D,(S), of the Fridley City Code to reduce the minimum hard
surface setback from a public right-of-way from 20 feet to 7 feet; and pursuant
to Section 205.13.OS.D,(5), of the Fridley City Code to reduce the minimum hard
surface setbacic from 5 feet to 0 feet at the side lot line, to allow an air
conditioning, heating, and electrical contractor office on Lots 27 and 28, Block
12, Hyde Park, the same being 5973 - 3rd Street N.E.; and to den the variance
pursuant to Section 205.13.OS.D,(5), of the Fridley City Code to reduce the minimum
hard surface setback from the main building from 5 feet to 0 feet; with the
follocainb stipulations: �) Variance approval contingent upon approval of special
use permit; 2) A portion of Lot 29, approximately 1,604 square feet, will be
leased fzom the City for �1.00 per year as long as the business is in operation
at this site; 3) Landscaping to be installed as per plan by September 1, 1989;
3UU
APPEALS COI�4iISSION MEETING, AUGUST 30. 1988 PAGE 7
4. A performance bond or letter of credit for 3X of the construction value be
given to the City prior to issuance of the building permit; S) Parkinn demand
shall not exceed nine spaces unless additional spaces are provided; 6) Install
six inch concrete curbing around the entire perimeter of the parking lot
including driveway opening by September 1, 1989; 7) Parking lot to be sealcoated
and striped, nine spaces, by September 1, 1989; 8) Bollards are to be removed
upon installation of landscaping; and 9) Petitioner to maintain site immediately
by cutting grass and eliminating Weeds.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SAVAGE DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Ms. Savage indicated the recommendation would go before the City Council on
September 26.
ADJOURNMENT
MOTION b} Dr. Vos, seconded by Mr. Kuechle, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SAVAGE DECLARED THE
AL'GL'�ST 30, i988, APPEALS COMMISSION MEETI�G ADJOURNED AT 8:22 P.M.
Respectfully submitted,
i /
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Lavonn Cooper `
Recording Secretary
��
.�
C�� OF
FR! DLEY
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
3vv
STAFF REPORT
APPEALS DATE - augusc so, t9ss
PLANIWNG COAAMISSION DATE - september �4, 1988
CITY COUNGL DATE - september 26, �9as .
SITE DATA
SIZE
DENSITY
PRESENT ZONING
ADJACENT LAND USES
PARK DEDICATtON
ANALYSIS
FINANCIAL IMPLICATIONS
CONFORMANCE TO
ADOPTED LAND USE
COMPATIBILfTY WITH
ADJACENT USES 8� SERVI
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATION
PLANNING C4MMISSION
RECOMMENDATION
vax ��ss-22
Donald Dickison
Because the building has lost legal non-conforming status,
variances are needed to use the building for an air
conditioning/heating/electrical contracting repair business
5973 - 3rd Street N.E.
10,324 square feet
22� lot coverage
S-1, Hyde Park Neighborhood
North, S-], Hyde Park Neighborhood; south, S-1, Hyde Park
Neighborhood; east, C-2, General Business; west, S-1, Hyde
Park Neighborhood
N/A
N/A
Proposed use is not compatible with the purpose of the
Hyde Park zoning district.
same
Traffic demand, noise.
See staff inemo.
Approval of four of the five variance requests.
Approval.
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VAR �88-22
Donald Dickison 3 Y Y
LANDSCAP� SITE PLAN
3ZZ
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CITY OF
FRiDLEY
e
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450
August 23, 1988
Dorsld Dickison
1321 - 26th Avenue N.W.
New Bri�ton NN 55112
RE: Varia�e, VAR #88-22, S�eci.al Use Permit, SP #88-12, at 5973 - 3rd Street
N. E.
D�r Mr. Dickison:
Enclosed you will fi� a pzvposed landscape plan for the above referenced
properiy. Landscape impmvements will be required as gart of your zoning
penr,it requests. Fl�se review the attached plan.
If you have any questions or concerns, please contact either myself or
Dlichele N.cPherson at 571-3450. Thank you for working with the City of
FridlEy.
Sincerely,
Kathlyn Castle
Planning Assistant
KC/dn
N88-412
3AAA
Donald Dickison
VAR ��88-22
Stipulations
]. Variance approval contingent upon approval of special use permit.
2. A portion of Lot 29, approximately 1,604 square feet, will be leased
from the City for $1.00 per year as long as the business is in operation
at this site.
3. Landscaping to be installed as per plan by September 1, 1989.
4. A performance bond or letter of credit for 3% of the construction value
be given to the City prior to issuance of the building permit.
5. Parking demand shall not exceed nine spaces unless additional spaces
are provided.
6. Install six inch concrete curbing around the entire perimeter of the
parking lot including driveway opening by September 1, 1989.
7. Parking lot to be sealcoated and striped, nine spaces, by September
1, 1989.
8. Bollards are to be removed upon installation of landscaping.
9. Petitioner to maintain site immediately by cutting grass and eliminating
weeds.
E�,y��,t��,,
s�wt�
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p,qrk5
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Md:n;r�d"<<�
MEMORANDUM
TO: �S� Q�eshi, City Ni3rager Aa88-294
FROM: Jahn G. Flora, rPublic Works Director
DATE: Septenber 7, 1988
SUBJECT: riOOre Lake west Basin Aerator
Hickok and F�ssociates preg3red the plans and specifications for construction
of a Cascade aertor for the west basin of Moore Lake required by *he
Deg�rtrnent of Natural Resources for the Nbore Lake Restor *ion Prnj ec*.
Ten con*rctors had shown an interest in the project. On Septenber 7, 1988,
a* 11 :00 a.m. , the civic center bids were open. Three bids were received
wi *:r. Sevcon, L�c. of Cokato, N�, the lav bidder at $15, 476. 00.
Recannend the City Council receive the bids and award the contract for *he
P•bareLake west Basin Aera*or to Sevcon, Inc. for 515,476.00.
JGF/*s
P.* *a chn ents
i
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4
4A
BID P1a1�SALS FOR
IK� RE L�AKE RES'IO RAT IDN Pi�JDCI'
B ID OPENEIl� 11:00 a.m. Septenber 7, 1988
� s ID � zoT�, � a�r�rr��s
�rxor�nz � BorID I B m I
_ I I I
sevcon, Inc. I I I
Route 1, Box 330 �$1,000 � �
Cokato, NIl�I 55321 � Check �$ 15,476.00 �
I I I
Becklin Bivs. � � � � � �.
Route 1, Box 448A � I �
C�ibridge, NII�1 55008 � 5$ �$ 24, 800. 00 . �
__.__ _ I I _ I �
Park Construction Canpar� � � �
7900 Beech S�reet, N. E. � � �
Fridlc-y, NIIV 55432 � 5� �$ 28, 987 .00 �
_ I I , I
Contracting Services I I I
3339 W. St. Gennain I I I
P.O. Box 1594 � � �
St. Qoud, NII�1 56302 � � NJ B ID �
-- -- � — � — - � — --
Davies Water F�uipment I I I
4010 Lake B re� e Avenue I I I
B rookly n Center, N�1 55 43 0 � � NJ B ID �
� - - � ------ � -- � -----
HRS Construction, In�. I I I
18140 Fer�vay Avenue, N. � � (
Forest Lake, I�1 55025 � � NJ B ID �
---- --- � ,.�_ ( —. �
Hegi's Diving � � �
H& P Interrational � � �
Route 1, Box 65A � � �
Loretto, NII�T 55357 ( ( I�D B ID �
_._ _ I I I_ �
L�netti ar�ci Sons, Inc. I I I
Hugo, NIIV 55038 � � NJ B ID �
I I I
Tri-State P�mp & Control � r( (
P.O. BoX 333 I I I
1�ledira, NIl�I 55340 I I N� B ID I
I i I
xevin vodel I � I I
water Proj ects Cunpar� � � �
15801 W. 78th Street ( I I
Fden Prairie, NID1 55344-1894 I I NJ B ID I
_ ______ I I _ I
3/6/4/13
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RESOLIITION NO. - 1988
A RE80LIITION ORDERING PRELIMINARY PLANB, SPECIFICATIONS
AND ESTIMATES OF THL COSTS THEREOF: WATER, SANITARY
SEWER & STORM SEWER PROJECT NO. 183
NoW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley as follows:
1. That it appears in the interests of the City and of the
property owners affected that there be constructed certain
improvements to-wit:
Street improvements, including grading, stabilized base, hot-mix
bituminous mat, concrete curb and gutter, sidewalks, water and
sanitary sewer services, stona sewer system, and other facilities
located as follows:
UNZVERSITY AVENIIE WEST 83RD AVENIIE TO NORTH 500�
SERVICE DRIVE
2. That the Public Works Director, John G. Flora, City Hall,
Fridley, Minnesota, is hereby authorized and directed to draw the
preliminary plans and specifications and to tabulate the results
of his estimates of the costs of said improvements, including every
item of cost from inception to completion and all fees and expenses
incurred (or to be incurred) in connection therewith, or the
financing thereof, and to make a preliminary report of his findinqs
stating therein whether said improvements are feasible and whether
they can best be made as proposed, or in connection with some other
improvements (and the estimated cost as recommendedj, including
also a description of the lands or area as may receive benefits
therefrom and as may be proposed to be assessed.
3. That said preliminary report shall be Furnished to the City
Council.
PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY T$IS
26TH DAY OF BEPTEMBER� 1988.
WILLIAM J. NEE, MAYOR
ATTEST:
SHIRLEY A. HAAPALA, CITY CLERK
�
P:�rk�, —
Sireet,
Md�n:en,�.,, ,.
MEMORANDUM
TO: John G. Flora, Public Works Director PW88-313
FROM: Mark L. Burch, Asst. Public Works Director
DATE: September 22, 1988
SUBJECT: Water, Sanitary Sewer and Storm Sewer Project No. 183
We received a letter from the owners of the property north of 83rd
Ave. and west of University Ave. requesting that we install water
and sanitary sewer mains and services and extend the University
Ave., West Service Drive from 83rd Ave. north to service their
property. They intend to build a building this winter which will
house a new car dealership.
Please forward the attached resolution to the City Council for
consideration so that we can prepare preliminary plans and cost
estimates for the property owners so that they can determine their
total project costs. If we proceed with this project, it will be
possible to install the water and sanitary sewer mains and services
this fall and place Class V on the street. The concrete curb and
gutter and asphalt surfacing will have to be constructed in the
spring of 1989.
MLB/ts
Attachments
5A
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WATER, SANITARY SEWER & STORM SEWER PROJECT NO. 183
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DA?S:
C011/IMUNITY DEVELOPMENT
DEPARTMENI'
MEMORANDUM
Nasim Qureshi, City Manager
William Burns, Incoming City Manager
�Jock Robertson, Community Development Director
Lisa Campbell �lanning Associate
September 9, 1988
BBGARDIHG: Anoka County Solid Waste Abatement Joint Powers Agreement 1988-89
Attached, please find two originals of Amendment Number One to the Joint
Powers Agreement referenced above. This amendment will allow the City to be
reimbursed for tons of yard waste abated through our compost pile. There is
potential for an additional reimbursement of $1,600.00. This figure is based
on tons abated and will fluctuate with the rate of tona abated at the caoQo�st aite.
Please execute where indicated and return to Lisa Campbell. If you have any
questions or concerns, please feel free to contact Lisa Campbell at er.t. 170.
LC/dn
M-88-222
6A
:�1�.1 L� �:,•� , r��s5.��,�4
�a' rr i'xi. i
�S � i,s a�de ar�d ent,ered irtbo this 21st day of Jt�e, 1988,
the date of the signatures of the parties mtwi �, bY atxi betw�n
the Qau�ty of Anaka, hereinaft�er referred to as the "Dainty" at�d th�e City of
FYidley, hereinafter referreci t�o as the "Nb.uiicipality".
�g�S, a Joint Pew�ers Ac�reHOent has been exacuted by the M�micipality
ar�d the p,noka �ty Board of Oannissioners on JLU�e 21, 1988, for the
puz�ose of reimbursir�g tl�e M�micipality for eligible expenses for local
lar�dfill abatement activities; and
(��2�iS, the parties a�icipated tt�at the JoitYt Pr�wers Agre�ent wvuld
be amerr3ed if th�e oamty allocated additional funds to the I�unicipality for
�a�nit�,-ap�xatQd yard �rastQ vcnpostir�g activities ar�d,/or va�uiity
participatian in ommercial/ir�.strial recycli.r�g activities; ar�d
��g, the l�u�►icipality has been allocated an �dditia�nal $1,600.00
bririgirig the maxim�n aam�t available to the l�uzicipality for activities
list:e�i in F�ibit B fram $20,475.00 to $22,075.00.
NpW, �, in consideYatioai of the m�tval owenarYts arxi pranises,
the parties he.reby amend the JoirYt Pdwers Agre� as follc�rs:
1) The first �AS clause cn pac�e 2 shall be a�e.�x�ad to read as
follows:
Wf�2EAS, the follvwing amaints have been allocated
to the Municipality ur�der the perfom�ar�oe based f�ur3ir�g
program for re' of the Nhuzicipality's eligible
expen.ses listed in F�ibit B:
$1, 076.00 for base r+ecyclir�g efforts
$19,399.00 for $ per to� r+ecycled (includv�g 10� bonus)
$ -0- for oa�uzity ocn�nercial/industrial
recY�lux3 Pro9Y"am
$1, 600. 00 for oomninity yard wa�ste pracJYam
$22 , 075. oo TarAL Perfonroarroe Ba��ea FUnair�g Program: ar�d
2) Se��tion 3, third paragraph st�all be amerr3ed to read as follaas:
7he Anoka pwnty Administrator or his de.signee
st�all have the authority t�o apprvve modificati�s to
�chibit B as requestred by tl�e l�unicipality, as lc�g as
the amamt payable wxler this Agreeznent for eligible
- 1 -
activities set foYth in Ddii.bit B docs rivt e�aoeed
$22,075.00.
3) Sec.�ti� 6, subsec.�tioa� b. shall be amerrcied to re�,d as follaws:
b. Notwithstanding any prwision of this
Aqr'�nexit t;o the c�trary, the m�,Y.�n+± amno�.mt
that the Oamty will reimburse to the
M�icipality for eligible activities list�ed in
�ibit A shall be $19,570.25 arid for eligible
activities listed in F�ibit B shall be
$22,075.00.
4) Section 6, subsectioaz c. shall be amer�ed to r+ead as follaas:
c. Zhe I�uiicipality is entitled to x�eoeive
re' for eligible exper�ses listed in
E�chibit B up to the project �x?m�+!� of
$22,075.00 only if it meets certain
perforn�arioe standarcis. �e actual project
maxinann for eligible expenses listsd in
Ea�dzi.bit 8 shall be c�utred as follows:
5) Sec-tion 6, subsec,�tian C.4 shall be a¢nerrc�ed to Y�ead as follc�rs:
4. $1, 600. 00 for a coarmunity yard waste
composting program sponsored by the
Nhu�icipality.
Il�T idrII�'SS In���F, the parties hereunto set their hands as of the
dates written belvw:
•• i • � •:'�•
�=
�lil � � C�lli[1aI1
Anoka �ty Board of
Ca�nissioners
r a.
John "Jay" McLiryden
County tor
Date:
[Myy •.' �; I�; :,�
�=
�• Nasim M. Qureshi, City rfanager
Tit1e:
Date:
��
�
Approved as to fonu ar�d leqality:
Assistant Anoka Oamty Attort�y
Approved as to foYm and legality:
Nam�e:
Title:
Date:
- 3 -
6C
. �
• � �• �s�� r•�s;, is
A�� 1�A. 1
�S A�!ffi� is made ar�d entered irtto this 21st day of Jw�e, 1988,
the date of the signatures of the parties natwithstandiriq, by and betw�aen
the Caanty of Anoka, hereinafter referred to as the "CauYty" and the City of
Fridley, hereinafter referreci to as the "M�uiicipality".
i��S, a Joirit Pvw�e.rs Agreeqnent has been executed by the I�unicipality
and the Anoka Camty Board of Oca[dnissioners on Jiu�e 21, 1988, for the
�po �e of reimbursing th�e M�icipality for eligi.ble expesLSes for local
lar�dfill abatement activities; arid �
�, the parties anticigated that the Joint Pbwers Agr�ent would
be amerxied if the Ccxmty allocated additional fund.s to the Municipality for
cc�arninity-o�perated yard waste cx�ostir�g activities arr],/or �nity
participation in o�ial/industrial recyclirig activities; arr,i
F��AS, the Municipality has been allocated an additional $1,600.00
bringing the maxinanm amaznt available to the M�micipality for activities
listed in �ibit B firoan $20,475.00 to $22,075.00.
NOW, �, in consideratio� of the �tual oovenants ar�d prcanises,
the parties hereby ame.t�d the Joint Pawpxs AgreemerYt as follaas:
1) The f iYSt Wf�2EAS clause on page 2 shall be amended to read as
follaws:
Wf�REAS, the follawing ama�ants have been allocated
to the N�uzicipality urider the performanoe based funding
program for rei:mlkxixse�me,nt of the M�micipality's eligible
expenses listed in �ibit B:
$1,076.00 for base recyclir�g efforts
$19, 399. 00 for $ per t� rec.ycled (inclt�di.t�g 10� borius)
$ -0- for oce►nnunity oa�anercial/industrial
recycling program
$1, 600. 00 for coatn�unity yard waste program
$22, 075. 00 ZriI'AL Performanoe Based �u�ding Program; at�d
2) Section 3, third paragraph shall be amended to read as follows:
Zhe Anoka Cbunty Achninistrator or his designee
shall have the authority to approve modifications to
E�ibit 8 as requested by the Municipality, as lcmg as
the amount payable �der this Agreement for eligible
- 1 -
activities set forth in E�i.bit B does no�t exoeed
$22,075.00.
3) Section 6, subsec,�tion b. shall be amended to read as follaws:
b. Notwithstanding any provision of this
p�gree�trent to t��e contrary, the max; m� �►n �t
that the Ca�uYty will reimburse to the
Municipality for eligi.ble activities listed in
�ibit A shall be $19,570.25 arid for eligible
activities listed in Exhibit B shall be
$22,075.00.
4) Section 6, subsec,�tion c. shall be amer�ded to read as follaws:
c. The Municipality is e.ntitled to reoeive
re�mbt�rse�nent for eligi.ble expenses listed in
�chibit B up to the project maxinnrm of
$22,075.00 only if it meets certain
perfoYmanoe standards. The actual project
maxiaarm for eligible expenses listed in
Exhibit B shall be o�ted as follaws:
5) Section 6, subsection c.4 shall be amended to read as follaws:
4. $1,600.00 for a community yard waste
composting program sponsored by the
Municipality.
Ild WrII�S F��IZ�DF, the parties hereunto set their harx3s as of the
dates written belaw:
.! �_ 1.11► • _ . A; ;•c
6'�i
D�3ri ErhdYt, CiuliYi[larl
Anoka Ccxinty Boan3 of
Ccernnissioners
r•vMw�:��
John "Jay" McLit�den
County Acfiministrator
Uate:
M4w • ��Iil��`a
�•
Name: Nasim M. Oureshi, City Manager
Title:
Date:
— 2 —
6E
Approved as to form ar�d legality: Approved as to form arid legality:
Assistant Anoka County Attorney
Name:
Title:
Date:
- 3 -
sF
FRIDZ,EX CTTY 47[JNC.�, I�EE,�lI� CF 1�►Y 16; 1988
works Depart�nent suf f ic ient to cwer curb work f or cut on 3 rd St ree t; ( 5)
du�ster to be fully ecr�ened; (6) lar�dscaping to be installed on the east
side of the Qaraye rnce canpleted to screen frcm University Avenue; (7)
proper pa+er line clearar�ce n�ust be maintair�ed upon �.z'age construction (8
feet for over a flat roof, 4 feet over a slanted roof as per NSP
�requiret�nts)s and (8) petitioner to post a bond or letter of credit to
cover driveway improvement. . An escrow for a City contractor installed
drivearay n�y be a�cc�ptatble. Seconded by Councilman Fitzpatrick. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
tia�an�m�ausly.
4. CONSIDERATION OF A �
ACCE.SSORY BUILDIl� CRJ
�
5
SP #88-05. TO ALLOh' A S�
ADDITION, TI� SAME BEING
Councilman Billinqs stated Mr. Lindr�er is aut o£ taan and will no.t be able
to attend this meeting.
NDTION by Cburycilman Billings to table this item. Seconded by Councilman
F �tzgatrick. tTpozi a voice vote, all voting aye, Mayor Nee declared the
r�,otic� carried �animausly.
*T-`�1 SUSIl�SS:
^ONSIDERATION OF ANOKA OOUNTY JOINT POWERS AGREEMENT_FOR RECYCLING,
N�. Robertson, Q�amity Developnent Director, stated this joint powers
agreement with Anoka County cwers recycling, composting, and waste
redu�ction activities betwee:i July 1, 1988 and June 1, 1989, Iie statec'. it is
important to note there has been a change in the County's Solid Waste
Abatement Plan. He stated the City' s rec.ycl ing reimbursenent will be based
o�i tons z�ec.ycled. He stated Lax3er this fimding, the City could receive as
much as 520,475 o� as little as 51,076. I�. Rabertson stated the General
F1uld cantribution to the recycling program, if the tonnage gaal aF 572 tons
plus 10$ is met, waild be 57,170. He stated, however, this figure will vary
with the ama�ult t� tons rec.ycled.
Cbtavcilnan Sci�neider ask�ed what the cost would be if this agreement was in
fozre today. 1�. R,obertsoci stated about $7.000 as the C`ity has met th�e gual
so far.
Cbuncilman Schr�eider stated Lailess sanething drastic happens, the f igures
probably woulch�'t change. Mr. Robertson stated Fridley has been the leader
in the C7oiuity foz� participatian. He stated in the vaorst scenario, the City
would get as little as 51,000 and the City's subsidy would have to be
increased.
Councilman Schneider asked if the agreement
RQbertsai stated it oould, but it is in tine best
participate in order to c�bta.in this subsidy.
-4-
could be texminated. Mr.
interests of the City to
6.
��y CITy qxJNCII, 1�,TII�1G �' I�Y 16. 1988
HD�i*ICN by Cb�rilman Schr�eider to autharize the City l�e►na9er to enter into
this Joint A�ers agreement with Ar�aka �tY fac local landf ill abatement
activiti� 9a�anded bY axmcilma�n Fitzpie'trick. Upen a voice vote, all
votinQ aY�e. li�Y'o�' Ne� declared the moticn carried usanimauslY.
gE(EIVII� Zi� PLARIlVII�IG Q�SSIC[�1 N�ItJIT.S _ OF _ 1�Y 4, 19 88 :
A.
OF
A REZO�Ta]G ZO�A #88-01, TO
� �,n�� To cR i cc�
��
EtOM 1�3
)__ P�uT
s� sEna
MyPIaN by Coaari2man Schneider to set the public hearing on this rezoning
reqvest fo�' Jtu�e 6, 1988. Secocx�d bY Ckxu'ycilman Billings. Upon a voice
vote, all wting aye, Mayor I3ee declared the motion carrled �'�an�nously'
B. I'TF1��S FR(x4 Zi� NIIIVUTF.S OF � APPEALS 4'�'l��IISSIOiJ MEETI2� OF
APR.II� 26, 1988:
B-1. Q'�iSID�tATION OF A VARI�NC� R�C�ES'!'. VAR �i88-04, ZO RF�UCE Zi�
ttm[1ZRID SIDE YARD SE.TBAC.ZC F'F�OM 10 FEE�T TO 5 F'�T O�N TE� EA.S'P A
. .
t�, Robertso�, pan�auiity Develapment Director, stated this variaryce request
had ariginally cwered variar�ces for the two side yat�ds as well as a f ront
�. yard variaryce, however, t1�e peti tioner withdrew hi s request f or the f ron t
yard variance at the l,ppeals CL�missian meetinq. He stated the petitioner
stated the hasr]ship was this ohe sta=y L-shaped ranbler Y�ane _�equires a side
yard variar,ce f�r the main level floor plan and variances would maintain
caitinuity of existing i�ames an the block.
�
Mr, gobertson noted that last year ar�oti�er Persoc� wished to build a house o�
this praperty with six a fo�t aetback and the ApPeals C,c�mission denied the
variaryce, however, the layout was changed of the proposed hane and then
app�� �j, tt� �t�, �.uycll. He stated the petitioner never did build on
the site.
I�r. Robertscs� stated tltie ApPeals Ca�nission has reoacmended denial of both
of these side yard variar�ces ai the east aryd west.
t�. Euchli, the petitioner, stated the Appeals Carmission denied the
variances and stated this ho«se wculd be tco close to neigi�bo�'ing i�nes. Iie
stated the adj acent homes have setbacks of 18 and 35 f eet. He f el t he
wasn't given a valid reaso� why the Clclnnissian felt it w�s too close.
4xa�cilnan Fitzpatrick stated the sethacks to which A'�r• Buchli is referrinq
are m hig neiqt�boac� s px,operty. He stated it is true the distance between
hi,s prop�sed tnre and the anes on either side are 18 and 35 feet, but only
10 feet is on 1�. Buci'�1i's PropertY• He statecl the prablem is Mr. Buchli
wishes to vo�str�uct a Z�ame which is 65 feet wide an a 75 foot wide lot. He
stated it seems there are other possible building plans which wouldn't
-5-
6H
RESOLUTION N0. - 1988
RESOLUTION AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN
EMPLOYEES REPRESENTED BY LOCAL N0. 49, AFL-CIO (PUBLIC
WORKS) FOR 1987-1989
WHEREAS, The International Union of Operating Engineers Local No. 49, AFL-CIO,
as bargaining representative for certain Public Works employees of the City of
Fridley, has presented to the City of Fridley various requests relating to the
wages and working conditions of employees of the Public Works Department of
the City of Fridley; and
WHEREAS, the City of Fridley has presented to the designated representatives
of Local 49 various requests relating to the wages and working conditions of
employees of the Public Works Department of the City of Fridley; and
WHEREAS, representatives of the Union and the City have met and negotiated
regarding the requests of the Union and the City; and
WHEREAS, agreement has now been reached between representatives of the two
parties on the proposed changes to the existing agreement between the City and
the Union;
NOW, THEREFORE, BE IT RESOLVED by the City of Fridley that such agreement is
hereby ratified and that the Mayor and the City Manager are hereby authorized
to sign the attached Agreement including Appendix A relating to wages and
working conditions of employees of the City of Fridley Public Works
Department.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
, 1988.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
�
7A
MEMO TO:
FROM:
DATE:
SUBJECT:
NASIM M. QURESHI, CITY MANAGER
WILLIAM C. HUNT, ASSISTANT TO THE
CITY MANAGER
SEPTEMBER 15, 1988
SETTLEMENT FOR CALENDAR YEARS 1988
AND 1989 WITH THE INTERNATIONAL UNION
OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO
Attached please find an August 31, 1988 memorandum from Jerry
Splinter, Chairman, MAMA-49 Joint Cities Negotiating Committee
regarding the terms of the settlement for Public Works Maintenance
personnel represented by Local No. 49.
In 1987, the participating cities negotiated a three year agreement
with Local No. 49 covering the calendar years 1987, 1988, and 1989.
The contract called for renegotiation of wages and insurance only
for 1988 and 1989. Other provisions of the contract as well as the
local addendum (Appendix B) were not subject to renegotiation
during the three year contract period.
According to the agreement negotiated, the City of Fridley will
make an employer's contribution of $185.00 per employee per month
toward group health and life insurance including dependent coverage
for calendar year 1988. In 1989, the amount will be the greater
of $185.00 or the average amount paid by the employer for nan-
management/non-essential employees.
With regard to wages, workers in the job classificatian of
Maintenance I will receive a 3 1/2� increase over 1987 for 1988
which would bring them to a pay rate of $9.03 per hour. In 1989,
workers in the classification of Maintenance I would receive an
increase of 1 1/2$ over the 1988 rate which would bring them to the
rate of $9.16 per hour. In addition, in 1989 they would receive
a lump sum payment equal to 2� of that base rate for normally
scheduled hours. Payment of the 2$ would be made in three
installments on or about April 15, August 15, and December 15,
1989.
For employees in all other job classifications (Maintenance II,
Specialist, and Maintenance III) there would be a 1 lj2$ increase
in the base rate of pay each year plus a 2$ lump sum payment paid
out according to the schedule in the August 31, 1988 memorandum.
Two resolutions have been prepared for Council action. The first
relates to the changes in the basic contract including Appendix A.
The second resoloution relates to the payment of the lump sum
amounts.
I recommend that these resolutions be presented to the Fridley City
Council for action at their meeting of September 26, 1988.
� �
TO:
FROM
?B
�letropolitan Area nlanac�em�nt Affocic�tion
of the Twin City Area
August 31, 2988
CITY MANAGEHS/ADMINISTRATORS
MAMA-LUCAL 49 JOINT NEGOTIATIONS CITIES:
Blaine
Brooklyn Center
Brooklyn Park
Burnsville
Circle Pines
Columbia Heigl�its
Cottage.Grove
Crystal
Eden Prairie
Edina
Fridley
Golden 4alley
Hopkins
Minnetonka
Mounds View
New Hope
Oakdale
Richfield
Robbinsdale
Roseville
St. Anthony
St. Louis Park
Woodbury
Jerry Splinter, Chairman, MAMA-49 Joint Cities
Negotiating Committee and Brooklyn Center City Manager
SUBJECT: SETTLEMENT FOR CALENDAR YEARS 1988-1989
The 1987-89 MAMA-Local 49 Joint Bargaining Agreement provided for
reopened negotiations on the issues of wage rates and insurance for
calendar years 1988 and 1989.
After many months of negotiations and mediation, the MAI►4A and Local 49
bargaining committees reached a tentative Agreement. The Union has
ratified the Agreement. The ratified Agreement is proposed to the
individual Cities listed above for their approval.
The Agreement is, in the opinion of the MAMA Negotiating Committee,
consistent with the individual Cities' efforts to comply with the
State's 1984 Comparable Worth Law. The Agreement should also be of
assistance to the individual Cities in meeting their statutory
comparable worth goals and helpful in their bargaining and/or
arbitration efforts with other male-dominated employee groups.
The Agreement is as follows:
MA�A-49 JUINT
NEGOTIATIONS CITIES
1.
2.
Wage Rates for 1988
-2-
August 31, 1988
All jobs� except the rate(s) for.the job classilication oY
Naintenance I, listed in each City's wage appendix should be
raised by 1-1/2� effective the first payroll period oi 1988�
and all employees should be paid a lump sum payment for all
hours the employees would be normally echeduled to Mork
(excluding all,overtime hours) equal to 2� oi the employee's
base pay rate. Payment of the lwnp sum should be in t�o
installments:
1. One after the City has approved the contract; and
2. One to be made December 15, 1988 or as clo�e to
December 15 as is practicable.
The �aintenance I 198? starting rate should be raised by 3.5�
unless such an increase Mould place the rate above the City's
110� "all jobs" pay line. In such an event, the rate Mill be
raised by a percentage vhich will not put the rate above the
City's 110� "all jobs" pay line.
Wage Rates for 1989
The base rate for all job classifications should be raised by
1.5� effective the first payroll period in January, 1989� and
all employees should be paid a lump sum payment for all hours
the employees vould be normally scheduled to vork (excluding
overtime hours) equal to 2� of the employee's base pay rate.
Payment of the lump sum should be made in three installments:
1. On or about April 15, 1989 for all hours normally
scheduled (excluding overtime hours) for the months
of January, February� 6iarcl� and April;
2. On or about August 15, 1989 for all hours normally
scheduled (excluding overtime hours) for the months
of liay� June� July and August; and
3. On or about December 15, 1989 for all hours normally
scheduled (excluding overtime hours) for the months
of September� October� November and December.
NOTS: TDe �age rstes for the coeputation of o�ertiae pa�
s6a11 not include the luo sum nts. The overtioe
rate is to cosputed on y on the ne� base rates.
The new APPENDIX A- WAGES (page 19) of the MASTEK LABUIt
AGKEEhiENT is enclosed with this memorandum.
7C
MAMA-49 JOINT -3- Au€,ust 31, 1988
NEGOTIATIONS CITIES
3. Insurance
The City will contribute toward Health ancl Life InsuranCe an
amount equal to the amount the City will ��ay for its
non-management/non-essential employees or $185.00 per
employee per montt�, whichever is greater.
The new ARTICLE XIX - INSURANCE will read (a new page for
your Master Labor Agreement is enclosed):
"19.1 The EMPLOYER will contribute tip to a
maximum one hundred seventy-fi.ve
dollars ($175.00) per month pf�r
employee ior group health and life
insurance including dependent
coverage for calendar 1987.
19.2 The EMPLOYER will contribute tip to a
maximum of one hundred and
eighty-five dollars ($185.00) per
month per employee ( or an ac�otint
equal to that paid by the EMPI.UYER
for the EMPLOYER'S non-management/
non-essential employees, whicYiever is
greater) for calendar 1988 ancl 1989.
19.3 By mutual agreement employees may use
f if teen dollars ($15 . 00 ) of tYie per
month per employee of health
insurance dollars in 19.1 and 19.2
for dental insurance for all �init
employee."
Questions should be directed either to Jerry Splini:er, Chairman of the
h1AMA-49 Negotiating Committee at the City of Brook].yn Center,
561-5440, or to Cy Smythe, Labor Relations ConsultE�nt to MAA�A at
546-1470.
JS: hfc
cc: �Uilliam S. Joynes
C. F. Smythe
Tim R. Connors
Walter I. Nielsen
7D
7E
18.12 have the ability to perPorm the duties aad
responsibilities of the job vacancy.
18•2 Employees filling a hi�her job class based oa the provisions
of this ARTICLE shall be subject to the conditions oP ABTICLE
XVI (PRUBATIONARY PERIOD).
18.3 The EYpLOYER has the rigbt o! final decision in the selection
of employees to lill posted jobs based on qualifications�
abilities and ezperience.
18.4 Job vacancies pithin the designated bargaining unit Mill be
posted for five (5) working days so that �embers of the
bargaining unit can be considered for such vacancies. •
ARTICLE XIX INSURANCE
19.1 The E�PLOYER Will contribute up to a maximum of one hundred
seventy-five dollars ($175.00) per month per employee for
group health and life insurance including dependent coverage
for calendar 1987.
19.2 The EYPLOYER will contribute up to a maximum of one hundred
eighty-five dollars ($185.00) per month per employee (or an
amount equal to �hat paid by the EMPLOYER for the E�PLOYER'S
non=management/non-essential employees, ahichever is greater)
for calendar 1988 and 1989.
19.3 By mutual agreement employees may use fifteen dollars
($15.00) of the per month per employee of health iasurance
dollars in 19.1 and 19.2 for dental insurance for all unit
employees.
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APPENDIX A
WAGES
A-1. The follo�ring wage schedule will be in effect from the first
payroll period in 298? through the last payrol2 period in 1987;
1dAINTENANCE III , . . . . . . . . . $ 12.60 per hour
ItAINTENANCE II . . . . . . . . . . 12.10 per hour
1�AINTENANCE I . . . . . . . . . . . 8.72 per bour
A-2. The iolloving page scbedule Mill be in eflect lrom the first
payroll period in 1988 tbrough the last payroll period in 1988:
ldAINTENANCE III . . . . . . . . . . $ 12.79 per hour
YAINTENANCE II . . . . . . . . . . 12.28 per hour
1[AINTENANCE I . . . . . . . . . . . 8.85 - 9.03* per hour ' �
*The actusl wage rate Mill be between $8.85 and $9.03 per
hour based on individual City comparable worth ' '
considerations.
A-3. The folloMing wage schedule pill be ia effect from the first
payroll period in 1989 through the last payroll period in 1989:
1RAINTENANCE III . . . . . . . . . . $ 12.98 per hour
1dAINTENANCE II . . . . . . . . . . 12.46 per hour
I�AINTENANCE I . . . . . . . . . . . 8.98 - 9.16 per hour
B. All new employees hired after February ?, 1984 may be classified
at the sole discretion of the individual cities covered by this
AGREE1dENT as IdAINTENANCE I and receive Working Out of
Classification pay as provided by Sectioa C of this APPENDIX.
C. WORKING OUT OF CLASSIFICATION PAY
C-1 E�ployees required by the E1dPLOYER and who are adjudged by
the EI�PLOYER to be qualified to operate the following items
of equipment will be paid the I�AINTENANCE III rate of pay
for those hours assigned to the unit:
(Heavy Equipment items are those as listed in the
LOCAL ADDENDUM to this MASTER AGREEMENT.)
-19-
r+�s� � t�RE�r
BE'�TEFN �E
NE�tOPO�,ITAN AREA NIANPGE�@lT ASSOCIATmN (MAI�)
Blaine
Brooklyn �riter
Brooklyn P�rk
Burnsv il le
Circle Pires
Colunbia Heic�ts
Cottage Grove
Cry stal
REPRF5F3�TIl� 4SE CLTIES OF:
Eden Prai rie
Edina
FYidley
Golden Valley
F3opkirLs
Minnetonka
NbLnds View
New Hope
AND THE
Oakdale
Ric3�f ield
Rob4i nsd�l e
Rosev i11e
S� Anthony
St. Louis I�rk
Wooc7bury
i r�•� • �• • i• • • • a�• • � � � ��•� • �
I,OC�,L 1�U. 49,
A�,�IO
JANUARY 1, 198'7 - DE�IrBIIt 31, 1989
7G
ARTIQ.,
I
II
III
�
V
�
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XV I
XVII
XVIII
XI X
XX
XXI
XXII
�• : � . - .•��r��+,�+�-'�
E AAGE
HJRFaOSE OF AGREF,I�ENT . . . . . . . . . . . . . . . . . . . . 1
RE47GN1�ION . . . . . . . . . . . . . . . . . . . . . . . . 1
UND()N S�Q.IRI'i'Y . . . . . . . . . . . . . . . . . . . . . . . 1
II�'1PLOYER SDQJRI7.'Y . . . . . . . . . . . . . . . . . . . . . 2
II�LOYER At1'IIiC�2ITY . . . . . . . . . . . . . . . . . . . . . 2
EMH,OYEE RIGHTS—GRIEVANCE PROCEDURE . . . . . . . . . . . . 2
LEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . 5
SAUINGSQ�AUSE . . . . . . . . . . . . . . . . . . . . . . . 6
WCJRKSQ3E1x7L�S . . . . . . . . . . . . . . . . . . . . . . 6
OVERTINEPAY . . . . . . . . . . . . . . . . . . . . . . . 6
(1AI,L BACR . . . . . . . . . . . . . . . . . . . . . . . . 7
LEGALIaEFENSE . . . . . . . . . . . . . . . . . . . . . . . 7
RIGHT OF S[JBOJN'1:RAGT . . . . . . . . . . . . . . . . . . . . 7
DIS Q H, INE . . . . . . . . . . . . . . . . . . . . . . . . 7
5'ENIDRl'I'Y . . . . . . . . . . . . . . . . . . . . . . . . . 7
F'ROBATIONARY PERmIIi . . . . . . . . . . . . . . . . . . . . 8
SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
JCBPDSTTr1G . . . . . . . . . . . . . . . . . . . . . . . . 8
INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . 9
SOJPE OF AGREEN�iTS . . . . . . . . . . . . . . . . . . . . 9
WAIVII2. . . . . . . . . . . . . . . . . . . . . . . . . . 9
I7URATD�N . . . . . . . . . . . . . . . . . . . . . . . . .10
APPENDIXA — i+�F:S . . . . . . . . . . . . . . . . . . . . .11
APPENDI X B — L�0C�1L P�IENL'IJM . . . . . . . . . . . . . . . .13
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LABOR AGREEMENT
BETWEEN
CITY OF FRIDLEY
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL N0. 49
AFL-CIO
ARTICLE I. PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter called
the EMPLOYER, and the Local No. 49, International Union of Operating
Engineers, AFL-CIO, hereinafter called the UNION.
It is the intent and purpose of the AGREEMENT to:
1.1 Establish certain hours, wages and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this
AGREEMENT'S interpretation and/or application; and
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this AGREEMENT. The EMPLOYER and the
UNION, through this AGREEMENT, continue their dedication to the highest
quality of public service. Both parties recognize this AGREEMENT as a
pledge of this dedication.
ARTICLE II. RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive representative for all job
classifications listed below whose employment service exceeds the lesser of 14
hours per week or 35 percent of the normal work week and more than 100 work
days per year, excluding supervisory, confidential and all other employees:
Maintenance III
Specialist
Maintenance II
Maintenance I
ARTICLE III. UNION SECURITY
In recognition of the UNION as the exclusive representative, the EMPLOYER
shall:
3.1 Deduct each payroll period an amount sufficient to provide the payment
of dues established by the UNION from the wages of all employees
authorizing in writing such deduction, and
3.2 Remit such deduction to the appropriate designated officer of the UNION.
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3.3 The UNION may designate certain employees f rom the bargaining unit to
act as stewards and shall inform the EMPLOYER in writing of such choice.
3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless•against any
and all claims, suits, orders, or judgments brought or issued against
the CITY under the provisions of this Article.
ARTICLE IV. EMPLOYER SECURITY
The UNION agrees that during the life of this AGREEMENT it will not cause,
encourage, participate in or support any strike, slow-down or other
interruption of or interference with the normal functions of the EMPLOYER.
ARTICLE V. EMPLOYER AUTHORITY
S.1 The EMPLOYER retains the full and unrestricted right to operate and
manage all manpower, facilities, and equipment; to establish functions
and programs; to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizational structure; to
select, direct, and deterrnine the number of personnel; to establish work
schedules, and to perform any inherent managerial function not
specifically limited by this AGREEMENT.
5.2 Any term and condition of ernployment not specifically established or
modified by this AGREEMENT shall remain solely within the discretion of
the EMPLOYER to modify, establish, or eliminate.
ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
6.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as to the
interpretation or applicatio�i of the specific terms and conditions of
this AGREEMENT.
6.2 UNION REPRESENTATIVES
The EMPLOYER will recognize REPRESENTATIVES �tesignated by the UNION as
the grievance representatives of the bargai��ing unit having the duties
and responsibilities established by this Article. The UNION shall
notify the EMPLOYER in writing of the names of such UNION
REPRESENTATIVES and of their successors when�so designated.
6.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the [INION and the EMPLOYER that the
processing of grievances as hereinafter provided is limited by the job
duties and responsibilities of the EMPLOYEES and shall therefore be
accomplished during normal working hours only when consistent with such
EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the
UNION REPRESENTATIVE shall be allowed a reasonable amount of time
without loss in pay when a grievance is investigated and presented to
the EMPLOYER during normal working hours provided that the EMPLOYEE and
the UNION REPRESENTATIVE have notified and received the approval of the
designated supervisor who has determined that such absence is reasonable
and would not be detrimental to the work programs of the EMPLOYER.
7K
6.4 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in conformance
with the following procedure:
Step 1.
An EMPLOYEE claiming a violation concerning the interpretation or
application of this AGREEMENT shall, within twenty-one (21) calendar
days after such alleged violation has occurred, present such grievance
to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The
EMPLOYER-designated representative will discuss and give an answer to
such Step 1 grievance within ten (10) calendar days after receipt. A
grievance not resolved in Step 1 and appealed to Step 2 shall be placed
in writing setting forth the nature of the grievance, the facts on which
it is based, the provision or provisions of the AGREEMENT allegedly
violated, and the remedy requested and shall be appealed to Step 2
within ten (10) calendar days after the EMPLOYER-designated
representative's final answer in Step 1. Any grievance not appealed in
writing to Step 2 by the UNION within ten (10) calendar days shall be
considered waived.
Step 2.
If appealed, the written grievance shall be presented by the UNIQN and
discussed with the EMPLOYER-designated Step 2 representative. The
EMPLOYER-designated representative shall give the UNION the EMPLOYER'S
Step 2 answer in writing within ten (10) calendar days after receipt of
such Step 2 grievance. A grievance not resolved in Step 2 may be
appealed to Step 3 within ten (10) calendar days following the
EMPLOYER-designated representative's final Step 2 answer. Any grievance
not appealed in writing to Step 3 by the UNION within ten (10) calendar
days shall be considered waived.
Step 3.
If appealed, the written grievance shall be presented by the UNION and
discussed with the EMPLOYER-designated Step 3 representative. The
EMPLOYER-designated representative shall give the UNION the EMPLOXER'S
answer in writing within ten (10) calendar days after receipt of such
Step 3 grievance. A grievance not resolved in Step 3 may be appealed to
Step 4 within ten (10) calendar days following the EMP[.OYER-designated
representative's final answer in Step 3. Any grievance not appealed in
writing to Step 4 by the UNION within ten (10) calendar days shall be
considered waived.
Step 4.
A grievance unresolved in Step 3 and appealed in Step 4 shall be
submitted to the Minnesota Bureau of Mediation Services. A grievance
not resolved in Step 4 may be appealed to Step S within ten (10)
calendar days following the EMPLOYER`S final answer in Step 4. Any
grievance not appealed in writing to Step 5 by the UNi��T within ten (10)
calendar days shall be considered waived.
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Step 5.
A grievance unresolved in Step 4 and appealed in Step 5 shall be
subm�tted to arbitration subject to the provisions of the Public
Employment Labor Relations Act of 1971, as amended. The selection of an
arbitrator shall be made in accordance with the "Rules Governing the
Arbitration of Grievances" as established by the Public Employment
Relations Board.
6.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify,
ignore, add to, or subtract from the terms and conditions of this
AGREEMEI3T. The arbitrator shall consider and decide only the
specific issue(s) submitted in writing by the EMPLOYER and the
UNION, and shall have no authority to make a decision on any other
issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to,
or inconsistent with, or modifying or varying in any way the
application of laws, rules, or regulations having the force and
effect of law. The arbitrator's decision shall be submitted in
writing within thirty (30) days following the close of the hearing
or the submission of briefs by the parties, whichever be later,
unless the parties agree to an extension. The decision shall be
binding on both the EMPLOYER and the UNION and shall be based solely
on the arbitrator's interpretation or application of the express
terms of this AGREEMENT and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNION provided that
each party shall be responsible for compensating its own
representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim
record of the proceedings, the cost shall be shared equally.
6.6 WAIVER
If a grievance is not presented within the time limits set forth above,
it shall be considered "waived". If a grievance is not appealed to the
next step within the specified time limit or any aKreed extension
thereof, it shall be considered settled on the basis of the EMPLOYER'S
last answer. If the EMPLOYER does not answer a grievacice or an appeal
thereof within the specified time limits, the UNION may elect to treat
the grievance as denied at that step and immediately appeal the
grievance to the next step. The time limit in each step may be extended
by mutual agreement of the EMPLOYER and the UNION.
4 — - --
6.7 CHOICE OF REMEDY
?M
If, as a result of the EMPLOYER response in Step 4, the grievance
remains unresolved, and if the grievance involves the suspension,
demotion, or discharge of an employee who has completed the required
probationary period, the grievance may be appealed to Step 5 of Article
VI or a procedure such as: Civil Service, Veteran's Preference, or Fair
Employment. If appealed to any procedure other than Step 5 of Article
IV, the grievance is not subject to the arbitration procedure as
provided in Step 5 of Article VI. The aggrieved employee shall indicate
in writing which procedure is to be utilized (Step 5 of Article VI or
another appeal procedure) and shall sign a statement to the effect that
the choice of any other hearing precludes the aggrieved employee from
making a subsequent appeal through Step 5 of Article VI.
ARTICLE VII. DEFINITIONS
7.1 UNION
The International Union of Operating Engineers, Local No. 49, AFL-CIO.
7.2 EMPLOYER
The individual municipality designated by this AGREEMENT.
7.3 UNION MEMBER
A member of the International Union of Operating Engineers, Local 49,
AFL-CIQ.
7.4 EMPLOYEE
A member of the exclusivelv rPCOgnized bargaining unir.
7.5 BASE RATE OF PAY
The Employee's hourly pay rate exclusive of longevity or any other
special allowance.
7.6 SENIORITY
Length of continuous service in any of the job classifications covered
by ARTICLE II - RECOGNITION. Employees who are pr��n�oted from a job
classification covered by this AGREEMENT and rrturn to a job
classification covered by this AGREEMENT shall have their seniority
calculated on their length of service under this AGREEMENT for purposes
of promotion, transfer and lay off and total length of service with the
EMPLOYER for other benefit under this AGREEMENT.
7.7 SEVERENCE PAY
Payment made to an employee upon honorable termination of employment.
5
7.8 OVERTIME
7N
Work performed at the express authorization of the EMPLOYER in excess of
either eight (8) hours within a twenty-four (24) hour period (except for
shift changes) or more than forty (40) hours within a seven (7) day
period.
7.9 CALL BACK
Return of an employee to a specified work site to perform assigned
duties at the express authorization of the EMPLOYER at a time other than
an assigned shift. An extension of or early report to an assigned shift
is not a call back.
ARTICLE VIII. SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of
Minnesota and the signed municipality. In the event any provision of this
AGREEMENT shall be held to be contrary to law by a court of competent
jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided, such provisions shall be voided. All other
provisions of this AGREEMENT shall continue in full force and effect. The
voided provision may be renegotiated at the request of either party.
ARTICLE IX. WORK SCHEDULES
9.1 The sole authority in work schedules is the EMPLOYER. The normal work
day for an employee shall be eight (8) hours. The normal work week
shall be forty (40) hours Monday through Friday.
9.2 Service to the public may require the establishment of regular shifts
for some employees on a daily, weekly, seasonal, or annual basis other
than the normal 8:00-4:30 day. The EMPLOYER will give seven (7) days
advance notice to the employees affected by the establishment of work
days different from the employee's normal eight (8) hour work day.
9,3 In the event that work is required because of unusual circumstances such
as (but not limited to) fire, flood, snow, sleet, or breakdown of
municipal equipment or facilities, no advance notice need be given. It
is not required that an employee working other than che normal workday
be scheduled to work more than the eight (8) hours; however, each
employee has an obligation to work overtime or call backs if requested
unless unusual circumstances prevent the employee from so working.
9.4 Service to the public may require the establishment of regular work
weeks that schedule work on Saturdays and/or Sundays.
ARTICLE X. OVERTIME PAY
10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour
period (except for shift changes) or more than forty (40) hours within a
seven (7) day period will be compensated for at one and one-half (1-1/2)
times the employee's regular base pay rate.
R _ _
70
10.2 Overtime will be distributed as equally as practicable.
10.3 Overtime refused by employees will for record purposes under ARTICLE
10.2 be considered as unpaid overtime worked.
10.4 For the purpose of computing overtime compensation, overtime hours
worked shall not be pyramided, compounded, or paid twice for the same
hours worked.
ARTICLE XI. CALL BACK
An employee called in for work at a time other than the employee's normal
scheduled shift will be compensated for a minimum of two (2) hours' pay at one
and one-half (1-1/2) times the employee's base pay rate.
ARTICLE XII. LEGAL DEFENSE
12.1 Employees involved in litigation because of negligence, ignorance of
laws, non-observance of laws, or as a result of employee judgmental
decision may not receive legal defense by the municipality.
12.2 Any employee who is charged with a traffic violation, ordinance
violation or criminal offense arising from acts performed within the
scope of the employee's employment, when such act is performed in good
faith and under direct order of the employee's supervisor, shall be
reimbursed for reasonable attornev's fees and court costs actually
incurred by such employee in defending against such charge.
ARTICLE XIII. RIGHT OF SUBCONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER
from subcontracting work performed by employees covered by this AGREEMENT.
ARTICLE XIV. DISCIPLINE
The EMPLOYER will discipline employees only for just cause.
ARTICLE XV. SENIORITY
15.1 Seniority will be the determining criterion for transfers, promotions
and lay-offs only when all job-relevant qualification factors are equal.
15.2 Seniority will be the determining criterion for recall when the
job-relevant qualification factors are equal. Recall rights under this
provision will continue for twenty-four (24) months after lay off.
Recalled employees shall have ten (10) working days after notification
of recall by registered mail at the employee's last known address to
report to work or forfeit all recall rights.
7
ARTICLE XVI. PROBATIONARY PERIODS
7P
16.1 All newly hired or rehired employees will serve a six (6) months'
probationary period. '
16.2 All employee's will serve a six (6) months' probationary period in any
job classification in which the employee has not served a probationary
period.
16.3 At any time during the probationary period, a newly hired or rehired
employee may be terminated at the sole discretion of the EMPLOYER.
16.4 At any time during the probationary period, a promoted or reassigned
employee may be demoted or reassigned to the employee's previous
position at the sole discretion of the EMPLOYER.
ARTICLE XVII. SAFETY
The EMPLOYER and the UNION agree to jointly promote safe and healthful working
conditions, to cooperate in safety matters and to encourage employees to work
in a safe manner.
ARTICLE XVII. JOB POSTING
18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the
designated bargaining unit shall be filled based on the concept of
promotion from within provided that applicants:
18.11 have the necessary qualifications to meet the standards of the
job vacancy; and
18.12 have the ability to perform the duties and responsibilities of
the job vacancy.
18.2 Employees filling a higher job class based on the provisions of this
ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBATIONARY
PERIOD). .
18.3 The EMPLOYER has the right of final decision in the selection of
employees to fill posted jobs based on qualifications, abilities and
experience.
18.4 Job vacancies within the designated bargaining unit will be posted for
five (5) working days so that members of the bargaining unit can be
considered for such vacancies.
8 __
ARTICLE XIX. INSURANCE
7Q
19.1 The EMPLOYER will contribute up to a maximum of one hundred seventy-five
dollars ($175.00) per month per employee for group health and life
insurance including dependent coverage for calendar 1987.
19.2 The EMPLOYER will contribute up to a maximum of one hundred and eighty-
five dollars ($185.00) per month per employee (or an amount equal to
that paid by the EMPLOYER for the EMPLOYER'S
non-management/non-essential employees , whichever is greater) for
calendar 1988 and 1989.
19.3 By mutual agreement employees may use fifteen dollars ($15.00) of the
per month per employee of health insurance dollars in 19.1 and 19.2 for
dental insurance for all unit employees.
19.4 Employees not choosing dependent coverage cannot be covered at EMPLOYER
expense for any additional insurance than the individual group health
and group life insurance. Additional life insurance can be purchased by
employees at the employee's expense to the extent allowed under the
EMPLOYER'S group policy.
19.5 Individual employees may provide for an increased EMPLOYER contribution
for insurances over that amount stipulated by 19.1, 19.2 and 19.3 by
lowering their salary from the rates stipulated in APPENDIX A to provide
for an increased EMPLOYER contribution which will fully pay for the
employee's health, life and dental insurance including dependent
coverage.
ARTICLE XX. SCOPE OF AGREEMENTS
No addendum to this MASTER AGREEMENT can be in conflict with this MASTER
AGREEMENT.
ARTICLE XXI. WAIVER
22.1 Any and all prior agreements, resolutions, practices, policies, rules
and regulations regarding terms and conditions of employment, to the
extent inconsistent with the provisions of this AGREEMENT, are hereby
superseded.
22.2 The parties mutually acknowledge that during the negotiations which
resulted in this AGREEMENT, each had the unlimited right and opportunity
to make demands and proposals with respect to any term or condition of
employment not removed by law from bargaining. All agreements and
understandings arrived at by the parties are set forth in writing in
this AGREEMENT for the stipulated duration of this AGREEMENT. The
EMPLOYER and the UNION each voluntarily and unqualifiedly waives the
right to meet and negotiate regarding any and all terms and conditions
of employment referred to or covered in this AGREEMENT or with respect
to any term or condition of employment not specifically referred to or
covered by this AGREEMENT, even though such terms or conditions may not
have been within the knowledge or contemplation of either or both of the
parties at the time this contract was negotiated or executed.
�
ARTICLE XXII. DUR.ATION
This AGREEMENT shall be effective as of January 1, 1987 and shall remain in
full force and effect until the 31st day of December, 1989, except that either
party may reopen for negotiations for calendar 1988 and calendar 1989, the
wage rates in APPENDIX A and the amount of insurance to be shown in article
19.2.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this
day of _ , 1987.
FOR THE METROPOLITAN AREA
MANAGEMENT ASSOCIATION (MAMA)
S/Gerald G. Splinter
FOR THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL N0. 49,
AFL-CIO:
S/Fred Dereschuk Business Manager
S/John J. Lackner President
S/John M. Schouveller Recording Secretary
S/Tim R. Connors Business Representative
S/Walter I. Nielsen Business Representative
FOR THE CITY OF FRIDLEY
S/William J, Nee, Mayor
S/Nasim M. Qureshi, City Manager
10
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APPENDIX A
WAGES
A-1. The following wage schedule will be in effect from the first payroll
period in 1987 through the last payroll period in 1987:
MAINTENANCE III . . . . . . . . . . . . . . . .$ 12.60 per hour
SPECIALIST . . . . . . . . . . . . . . . . . . 12.35 per hour
MAINTENANCE II . . . . . . . . . . . . . . . . 12.10 per hour
MAINTENANCE I . . . . . . . . . . . . . . . . 8.72 per hour
A-2. The following wage schedule will be in effect from the first payroll
period in 188 through the last payroll period in 1988:
MAINTENANCE III . . . . . . . . . . . . . . . .$ 12.79 per hour
SPECIALIST . . . . . . . . . . . . . . . . . . 12.54 per hour
MAINTENANCE II . . . . . . . . . . . . . . . . 12.28 per hour
MAINTENANCE I . . . . . . . . . . . . . . . . 9.03*per hour
*the actual wage rate will be between $8.85 and $9.03 per hour based on
individual City comparable worth considerations.
A-3. The following wage schedule will be in effect from the first payroll
period in 1989 through the last payroll period in 1989:
MAINTEI3ANCE III . . . . . . . . . . . . . . . . $ 12 . 9$ per hour
SPECIALIST . . . . . . . . . . . . . . . . . . 12.72 per hour
MAINTENANCE II . . . . . . . . . . . . . . . . 12.46 per hour
MAINTENANCE I . . . . . . . . . . . . . . . . 9.16 per hour
B. All new employees hired after February 7, 1984 may be classified at the
sole discretion of the individual cities covered by this AGREEMENT as
MAINTENANCE I and receive Working Out of Classification pay as provided
by Section C of this APPENDIX.
C. WORKtNG OUT OF CIASSIFICATION PAY
C-1. Employees required by the EMPLOYER and who are adjudged by the EMPLOYER
to be qualified to operate the following items of equipment will be paid
the MAINTENANCE III rate of pay for those hours assigned to the unit:
(Heavy equipment items are those listed in the LOCAL ADDENDUM to this
MASTER AGREEMENT.)
11 ____ _
7T
C-2. Employees hired after February 7, 1984 in the MAINTENANCE I
classification who are required by the EMPLOYER and who are adjudged by
the EMPLOYER to be qualified to operate the following items of equipment
will be paid the MAINTENANCE II rate of pay for those hours assigned to
the unit:
Backhoe - Under 15' Reach
Blacktop Paver
Bobcat - Bombardier or MT Trackless
Boom Truck
Boom Truck - 30' and Over
Brush Chipper
Cement Mixer
Chip SpreaderJSelf-Propelled
Crawler Tractor - Under SO H.P. �
Loader - 1 Yd. or More
�ea�e�;-F�ea�-Ea�;-4-WB---�-��:-�e-2:�-Y�s:
Oil Distributor
Paint Striper - Truck Mounted
Rollers (steel and rubber) Over 6 Ton
Rollers - 6 Ton and Over
Sewer Cleaner, Hydraulic and Vacuum
Steam Boiler
S��ee�-SWee�e�s---P�ek��-�yge
Tandems
Tree Spade
Trucks - 10 Ton, 4 WD
Trucks - Single-Axle Over 24,000 GVW
Any vehicle requiring a State of Minnesota
"Class B" Operators License
C-3. Employees assigned by the EMPLOYER to Utility Operator will be paid the
wage rate of the job classification to which the employee is assigned.
12
APPENDIX B'Ip RFSCI,iTrDDN N0. - 198?
�r�_ • ��s i�i
This suppleaentary agre�enk is erntered irito betraeen the City of Fridley and
the Internatiorsa]. t�ion of Operating Engineers, Lo�l No. 49, AF1rCI0, for the
period beginning January 1, 198'7 and termi�tirig on Deoaaber 31, 1989.
Nothing in this suppleaentary agreenent may be in a�r�lict with any provision
of the NASZER AGREENENT between !�, the City aF FYidley, and I. i� 0. E. . Loaal
No. 49, AFTrCIO. In the event o� a�n£lict the MASZER P�REF��ENT will prevail.
L�0(�L LP,BCR AGREE�IT
BEYWF�3J
�iE QTY OF FRITi,EY
AND
INTERNATIONAL i�]mN OF OPERATIl� II�IlJEF�2.S
I,OQ,L I�U. 4 9
At�i�-CIO
(JANUARY 1, 1987 z0 ��i�BIIt 31, 1989)
ARTIQ,E A. T.EFINITIONS
1. SI'ANLBY PAY: Compensation for standing by at the City's request, or being
available for work on days that are r�rmally aonsic3ered to be emplayee' s
day off.
ARTIQ�E B. ANNCTAL LEAVE
l. Eadi enplayee shall be entitled to annual leave away fran anployment with
�ay. Annual leave may be us�ed for scheduled or anergency absences fran
snplvymerYt. Annual leave �ay shall be oomputed at the regular rate of �ay
to which such an emplayee is entitled; pravided, however, that the amount
of ariy compensation shall be reduced by any payment received by the
enplayee fran workers' oompensation insuranoe, Public Efiplayees Retirenent
Association disability insuranoe, or Social Security clisability insuranoe.
An empla�ee's accunulation of annual leave wi11 � reau�a only by the
amo�t o� annual leave for which the enployee reoeives �mpensation.
2. Seniority shall apply on scheduled annual leave up to May lst of each
year. After May lst, scheduled annual leave shall be on a f irst oome,
first setved basis.
13
7U
3. A beqinning esnployee shall accrue annual leave at the rate of eighteen
(18) days per year for the first seven (7) years (84 successive months� .
An employee who has worked seven (7) years ( 84 successive months) shall
accrue annual leave at the rate of twenty-four (24) days per year,
beginning with the eighty-fifth (85th) mQnth of sucaessive enplayment. An
emplayee who has worked fifteen (15) years (180 sucaessive months) sha11
accrue annual leave at the rate of twenty-six (26) days per year,
beginning with the or�e h�dred eic�ty-first (181st) month of aon�ecutive
enployment, �hese rates are based on a forty (40) hour regular work week.
The actual ano�mt crec�ited to an esnplayee in any given Fay period shall be
p�orated acoording to the actual n�+ber of regular hours worked during
that Fay period. Hours worked on wertime, cal.11�ack, or standtrii shall not
eriter into the ralculation of the accrual o� annual leave.
4. Fbr an employee hired on or a�ter July 1, 1983:
The maximun total accvnulation of annual leave at the end of any given
year sfiall be thi rty ( 30) clays.
Once a year, at a time designated by the City, an employee who has
completed seven (7) years of service with the City will have the
opport�nity to exchange up to three (3) days of acc�nulated annual leave
for cash. At the same time, an enployee who has oompleted f ifteen (15)
years of servioe with the City will have the opportuonity to e�achange up to
5 days of acc�mulated annual leave for wsh.
5. Fbr an englayee hired before July 1, 1983:
Vacation accrued but unused as o£ June 30, 1983 shall be converted to
annual Ieave at the rate of ore (1) day of annual leave for ore (1) day of
vacation. Accrued but unused sick leave as of June 30, 1983 shall be
oonverted to annual leave aco�rding to the following srhechile:
a, lst 45 days @ 1 day af annual leave for 1 day � sick leave
b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave
c. Renainder @ 1 day of annual leave for 3 days of sick leave
In lieu of severanoe Fay, orye hour c� anntal leave shall be credited for
each f ull month of enplaymertt up to a maximun of two hundr ed f or ty ( 240 )
hour s.
�he total ano�t of annual lc�ave credit�ed to the enplvyee' s balanoe as of
July 1, 1983 shall be equal to accrued but uzused vacation glus the amouit
in 1 ieu of severanoe �ay.
If upon o�nversion to the annual leave plan an enployee's acc�anulation of
annual leave e�oceecls thirty (30) days, that amount shall be the maximun
total acclmulation (cap) for that anployee at the end of any subseqta+�ent
year.
Onoe a year, at a time desic�atred tr� the City, an employee will have the
opportinity to e�ochange up to five (5) c3ays of acc�mnulated annual leave
for cash.
14
7V
In addition, onoe a year at a time designated by the City, an employee
with an accunulation of annual leave in excess of thirty (30) days will
have the opp�rt�ity to exchange up to five (5) days of annual leave for
cash. Such an e�ochange �all reduoe the maximun total acc�mulation (cap)
of an enplvyee tr� an equal anotnt.
6. Clp�n se�aration fran snplv�rment with the City, an emplayee will be paid
ore (1) day's salary for each day of accrued annual leave renaining in the
enplayee' s balanoe.
ARTIQ,E C. 3i0RT �RM DISABII�ITY
1. Fach enplayee who has sucaessf ully a�ompl eted the enpl oy ee' s pr oba ti ona ry
period shall be eligible for short term disability benefit. Such an
empl vyee shal l be ent i tl ed t o f ul l pay oommenci ng o n th e tw enty- f i rst
(21st) consecutive working day on which the enployee is absent due to a
physiciarrcertified illness or injury, whether on or off the job, and
coritinuing until the enplayee returns to work able to carry out the full
duties and responsibilities of the snployee's position or through the one
htndred and terith (110th) werking day of absenoe, whichever occurs f irst;
prcuided, hawever, that the aQno�t of any ocmpensation shall be reduoed b�
any payment reoeived by �e disabled employee fran workers' oompensation
insuranoe, Publ ic �nplvyees Reti renent Association di sabil ity insuranoe,
or Social Security disability insuranoe. Fhymerit aF short term disability
benefit tr� the City to an enployee shall not exceed ninety (90) working
days for arly single illness or inj ury, regardless of the nunber and
spacing of episodes. Zhe anrnal leave balanoe of an employee receiving
short term disabil ity benef its shall not be reduced, nor shall such
enplvyee accrue annual leave during that period.
2. Before ariy short term disability payments are made by the City to an
emplayee, the City may request and is entitled to receive f rom any
emplayee who has been absent more than twenty (20) working days in
sucoession a vertif icate sicfied b� a axnpetent Fhysician or ather medical
attendant oertifying to the fact that the entire absenoe was, in fact, due
to the illress or injury and not otherwi�e. �he City atso reserves the
ric�t to have an e�nination made at any time of ariy employee claiming
�ymerit �nder the short term disabil ity beref it. Such e�mir�ation may be
made on behalf o�E the City tr� any oocnpeterit person designated b� the City
when the City deems the same to be reasonably necessary to verify the
illress or irrj ury claimed.
3. If an employee hired before July 1, 1983 has reoeived payments under the
i nj ury-orrduty prav isions of pc ev ious wnt r act s, th e nunbe r of day s f or
which Fayment was reoeived will be deducted f ran the n�nber of days of
e1 igibil ity for onverage inc3er short term di.sabil ity for that same inj ury.
ARTIQ�E D. STAN�Y PAY AND MINIlKTM Q�LLBACR I�R STANLBY EMPL�ES
1. a. Emplayees who are designated by the City Manager to serve in a
"standby" status on behal.f of the City on a Saturday, Sun�y or
Holiday will reveive as mmpensation for such servioe as "standby" two
(2) hours of wertime Fay for each chy served in sudi status.
15
�
b. Dmplayees required to "standby" during the week will receive as
oanpensation for sudi servioe four (4) hours �ey at the avertime rate.
c. If on any sudi day the Dnplayee on "stanc3by" shall actually perform
work for the City, he shall be entitled to �mpensation for each hour
or portion thereaf actually worked at the avertime rate of pay, which
shall be in addition to the standtr� Fay.
2. An bnployee who is on stanc�i and is called out to perform work sha11 be
paid a minimun af ore (1) hour wertime for performing sudl work.
ARTICLE E. II��LOYBE ET�JC1�TmN PR�RAM
1. Zhe City will pay tuition oosts for training courses relevant to the
Efiployee's Frese� or anticiFated career responsibilities at City-apFroved
institutions. The City will pay fifty peroent (50$) of the cost of
tuition in advance and the bnployee will pay the other fifty peroent
(50$) . Zhe Einplayee will be required to presetYt to his Department Head a
c�ertification of satisfactory w�ork when the wurse is ornnpleted.
a. �urses issuing a letter grade: a"C" or above is required.
b. Cburses issuing a nunerical grade: a 70 peroerit grade is required.
c. Gburses not issuing a grade : A certif ication f rom the instructor
c�ertifying that the student has satisfactorily participated in the
activities of the aourses is required.
2. If the Finglvyee satisfactorily oortnpletes the a�urse, he will be reimbursed
for the addi.tior�al. fifty peroent (50$) of the tuition. Zt�e City will not
reimburse the Ffiplayee for fees which are charged for instruction,
associated adninistrative expense, books, student membership, stuclent
health aoverage and other charges for which the studerYt reoeives same item
or serv iae.
3. 'Ihe City will rot reimburse the F�nplayee for expenses reimbursed under
some ather education system or progran, i. e. , G. I. Bill.
ARTIQ�E F. FUNIItAL pAY
In case of death occurring in the immediate family of an EYnployee, such an
E�nplayee may be excused fran work for up to three (3) days with additional
time off grarited tr� the City Manager if additional time is needed. �is time
off shall rot sutrject the �inplayee to loss of pay. Fbr this purpose, members
of the imnediat�e fanily of the rh►plvyee are o�nsidered to be the follawing:
spouse, dlild (Natural or adopted) , parent, grandparent, brother, sister,
mother- iirlaw or f ather- irr law.
ARTI(I�E G. JIlR7i AAY AND WITN�S.S FEES
An Emplvyee who has been duly sutenored for j�uy duty in any �urt, or who has
been duly su�moned as a witress in any prooeeding, shall be e�ocused f ran work
in aca�rdanoe therewith, such enplvyee shatl be entitled to receive as pay a
sun of mor�y equal to the differenoe between what he reoeived as ao�npensation
for such jury duty or witr�ess fees, and his regular Fay.
ARTICLE fl. NBI,ITARY LEAVE
16
7X
Any E�nployee absent fran work in accordance with the order of a duly
established military authority shall reoeive Fay and oompensation during such
aY,isenoe as is prwided ix State Laa.
ARTIQ�E I. INCENTIVE PAY (L�EVI'1'Yi
Inoentive F�y will be paid o�ver and above the base rate of pay for employees
permareritly hired prior to March 31, 1973 aco�rdi.ng to the follawing sciiedule:
After 5 years of Serv ioe : 2-1,/2$ of base slary rounded
to the r�arest cbllar anouit
After 10 years of Servioe: 5$ of base salary rounded to
the r�arest d�llar ano�nt
After 15 years of Serviae: 7-],/2$ of base salary rounc3ed
to the nearest cbllar amoult
The City of FYicIley has agreed to pay inaentive pay to �mplayees hired prior
to March 31, 1973, in reoognition of their prior servioe and contribution to
the City af FYic�ey. Neither the City ryor the tTNIDN will att�mpt to take away
longevity or inoerYtive �ay for those persons hired prior to Mardi 31, 1973, in
future wntracts. Zhe amo�t aF inoentive Xay for eligi4le Finp�vyees will be
r�eg�tiated for the affected �3nplayees.
ARTIQ,E J. Zhe EMPLOXER will prwide eleven (11) paid holidays.
ARTIdE R. iJNIFORNS
Zhe City of Fric�ey will furnisfi �iforms to Dnplvyees of the bargaining unit
free of charge to the �nplcr�ee. 7i�e City reserves the right to sele�t the
type of unifarm to be furnished. The City will agree to furnish rain
equi pnent and special saf ety equignerit f or al l Bnpl c�yees.
ARTIQ�E L. REHtFSFi�]TATIVE Qd AREA WIL'E N�0►I7AT�NS
If the Ut�1IDN chooses to use or�e � the pers�nrel f ran the Fr i dl ey wor k f or oe
as a represeritative on the area wide bargaining unit for more than one year in
th ree, Local No. 4 9 wil l pay the sal ary o� such IInplvyee f or th e se oo nd yea r
for the time sperit on area wide recptiations. Z'he purpose is to spread the
aost of such negotiation among the several oomm�mities involved in joint
r�egotiations.
ARTIQ,E M. IIJSTIRANCE
�e City al s� Frav ides 1 ife insuranoe equal to ann�al sal ary, with a maximua
of $10,000 per Fictployee, ana a1s� will Pravide additional AD & D Insuranae
equal to salary with a maximun of $10,000 per Dnployee, praviding the total
City �st for all insuranoe cbes riot exceed the a�no�nt set forth in the I�hster
O�ntract.
AR'iZQ�E N. $?OIPI�N'P
F�nplcyyees requi red tr� the F�O�XER and who are adj udged tr� the F�LOYER to be
qualified to ogerate the follawing items of equipnent will be paid the
I�Il�3AN� III rate of Fsy for those hours assigied to the uiit:
17
7Y
Austin Westin G rader
1974 Jahn Deere Diesel Driven 30" Backbuclaet Backhoe,
Serial N�mber 198�61
Four Whee]. Drive, FYont End Loader, 1-3/4 Yard or Larger
Pickup �ipe 9weeper (Elgin or EMC or H�uivalerit)
ARTI�E 0. IxJRA'T�k1
Zhis agreenent shall be effective as of January 1, 1987, and shall remain in
full foroe and effect �ntil De�nber 31, 1989.
IN WITNFSS wI�RF]OF, the Fsrties hereto have executed this Agreenent on this
�_ �Y � _�.� . 1987 .
Ft�R �iE QTY OF FRILGEY
Nasim M. Qureshi - City I�+�nager � William J. Nee - Mayor
Ft�R 1NT£RNATIONAL UNTON OF OPERATIl� II� INEII2S, IAC�1L 4 9
Ger al d Long, Steward
18
Tim R Coru�ors, ABR Lowl
No. 4 9
7Z
RESOLUTION N0. - 1988
RESOLUTION AUTHORIZING THE PAYMENT OF LUMP SUM PAYMENTS TO
CERTAIN EMPLOYEES REPRESENTED BY THE INTERNATIONAL UNION
OF OPERATING ENGINEERS, LOCAL N0. 49, AFL-CIO FOR 1988 AND
1989
WHEREAS, The International Union of Operating Engineers Local No. 49, AFL-CIO,
as bargaining representative for certain Public Works employees of the City of
Fridley, has presented to the City of Fridley various requests relating to the
wages and working conditions of employees of the Public Works Department of
the City of Fridley; and
WHEREAS, the City of Fridley has presented to the designated representatives
of Local 49 various requests relating to the wages a��ci working conditions of
employees of the Public Works Department of the City of Fridley; and
WHEREAS, representatives of the Union and the City have met and negotiated
regarding the requests of the Union and the City; and
WHEREAS, agreement has now been reached between representatives of the two
parties on the proposed changes to the existing agreement between the City and
the Union;
WHEREAS, in addition to said agreement the City and the Union have agreed to
certain lump sum payments to be made to employees in accordance with the
August 31, 1988 memorandum from Jerry Splinter, Chairman, MAMA-49 Joint Cities
Negotiating Committee, which is attached as Appendix A;
NOW, THEREFORE, BE IT RESOLVED by the City of Fridley that the City Manager is
authorized to expend funds for the purpose of lump sum payments in accordance
with the provisions of the above mentioned memorandum (Appendix A).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
, 1988.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
�
� 8A
Appendix A
�letropoliton Arec� tnanagement Afrociation
of the Twin City Area
�
FROM:
August 31, 1988
CITY MANAGERSJADIdINISTRATOAS
MAMA—IACAL 49 JOINT NEGOTIATIONS CITIES:
Blaine
Brooklyn Center
Brooklyn Park
Burnsville
Circle Pines
Columbia Heig�ts
Cottage Grove
Crystal
Eden Prairie
Edina
Fridley
Golden Valley
Hopkins
)dinnetonka
Mounds VieM
l
NeM Hope
Oakdale
Richiield
Robbinsdale
Roseville
St. Anthony
3t. Louis Park
Noodbury
Jerry Splinter, Chairman, MADdA-49 Joint Cities
Negotiating Committee and Brooklyn Center City Manager
SUBJECT: SETTLEMENT FOR CALENDAA YEARS 1988-1989
The 1987-89 MAMA-Local 49 Joint Bargaining Agreement provided for
reopened negotiations on the issues of wage rates aad insurance for
calendar years 1988 and 1989.
After many months of negotiations and mediation, the IiAdA and Local 49
bargaining committees reached a tentative Agreement. The Union has
ratified the Agreement. The ratified Agreement is proposed to the
individual Cities listed above for their approval. .
The Agreement is, in the opinion of the �dAMA Negotiating Committee,
consistent with the individual Cities' efforts to comply with the
State's 1984 Comparable Worth Lav. The Agreement should also be o2
assistance to the individual Cities in meeting their statutory
comparable worth goals and helpful in their bargaining and/or
arbitration efforts with other male-dominated employee groups.
The Agreement is as folloMS:
0
MAbfA-49 JUINT
NEGOTIATIONS CITIES
1.
2.
Wage Rates for 1988
-2-
August 31, 1988
All jobs, except the rate(s) for_the job classificatioa oi
A4aintenance I, listed in each City's wage appendix should be
raised by 1-1/2� effective the first payroll period oi 1988,
and all employees should be paid a lump sum payment !or all
hours the employees Mould be aormally scheduled to work
(excluding all overtime hours) equal to 2� oi the employee's
base pay rate. Payment o! the lwnp sum should be in two
installments:
1. One after the City ha.s approved tre contract; a.nd
2. One to be made December 15, 1988 or as close to
December 15 as is practicable.
The t�aintenance I 198? starting rate stiould be raised by 3.SR
unless such an increase Mould place the rate above the City's
110� "all jobs" pay line. In such an event, the rate will be
raised by a percentage which will not put the rate above the
City's 110� "all jobs" pay line.
Wage Rates for 1989
The base rate for all job classifications should be raised by
1.5� effective the first payroll period in January, 1989, and
all employees should be paid a lump sum payment for all hours
the employees Mould be normally scheduled to work (excluding
overtime hours) equal to 2� of the employee's base pay rate.
Payment of the lump sum should be made in three installments:
1. On or about April 15, 1989 for all hours normally
scheduled (excluding overtime hours) for the months
of January, February, Aiarct� and April;
2. On or about August 15, 1989 for all hours normally
scheduled (excluding overtime hours) for the months
of 6isy, June, July and August; and
3. On or about December 15, 1989 for all hours normally
scheduled (excluding overtime hours) Por the months
of September� October, November and December.
NOTS: The �sge rates ior the codputation of ooertisie pa�
shall not include tDe luo sua nts. The overtioe
rate is to coaputed on y on the new base rates.
The new APPENDIX A- WAGES (page 19) of the MASTER LABUR
AGFtEEMENT is enclosed with this memorandum.
8�
MA�A-49 JOINT
NEGOTIATIONS CITIES
3. Insurance
-3-
August 31, 1988
The City will contribute toMard Health and Lite In�u��riCO ��
amount equal to the aa�ount the City Mill pay tox it�
non-management/non-esseatial employees or $185.00 per
employee per montti, �hichever is greater.
The neM ARTICLE XIX - INSURANCE will read (a neM page for
your Yaster Labor Agreement is enclosed):
"19.1 The E1�PLOYER Mill contribute up to a
maximum one hundred seventy-five
dollars (�175.00) per month per
employee ior group health and life
insurance including dependent
coverage for calendar 1987.
19.2 The EYPLOYER �ill contribute up to a
maximum of one hundred and
eighty-five dollars ($185.00) per
month per employee (or an amount
equal to that paid by the EbPLOYER
for the EYPLOYER'S non-management/
non-essential employees, whichever is
greater) for calendar 1988 and 1989.
19.3 By mutual agreement employees may use
fifteen dollars ($15.00) of the per
month per employee of health
insurance dollars in 19.1 and 19.2
for dental insurance for all unit
employee."
Questions should be directed either to Jerry Splinter, Chairman of the
MAMA-49 Negotiating Committee at the City of Brooklyn Center,
561-5440, or to Cy Smythe, Labor Relations Consultant to YAYA at
546-1470.
JS:hfc
cc: William S. Joynes
C. F. Smythe
Tim R. Connors
Walter I. Nielsen
8C
�
RESOLUTION N0. - 1988
RESOLUTION DESIGNATING OFFICIAL SIGNATURES FOR THE CITY OF
FRIDLEY
I, Richard D. Pribyl, do hereby certify that I am Finance Director-Treasurer
of the City of Fridley, a corporation organized under the laws of the State of
Minnesota. I further certify that at a meeting of said corporation duly and
properly called and held on the 26th day oF September 1988, the following
resolution was passed; that a quorum was present at said meeting; and that
said resolution is set Forth in the minutes of ineeting and has not been
rescinded or modified,
IT IS FURTHER RESOLVED that checks, drafts or other withdrawal orders issued
against the funds of this corporation on deposit with said bank shall be
signed by two of the following:
Richard D. Pribyl, Finance Director-Treasurer
William W. Burns, Acting City Manager
Julie M. Burt, Assistant Finance Director
and that said bank is hereby fully authorized to pay and charge to the account
of this corporation any checks, drafts, or other withdrawal orders.
BE IT FURTHER RESOLVED, that The Fridley State Banx as a designated depositary
of the corporation be and it is hereby requested, authorized and directed to
honor checks, drafts or other orders for the payment oF money drawn in this
corporation's name, including those drawn to the individual order of any
person or persons whose name or names appear thereon as signer or signers
thereof, when bearing or purportin� to bear the facsimile signatures of two of
the following:
Riehard D, Pribyl, Finance Director-Treasurer
William W. Burns, Acting City Manager
Julie M. Burt, Assistant Finance Director
and the Fridley State Bank shall be entitled to honor and to eharge this
corporation for all such checks, drafts or other orders, regardless of by whom
or by what means the facsimile signature or signatures thereon may have been
affixed thereto, if auch facsimile signature or signatures resemble the
facsimile specimens duly certified to or filed with the Fridley State Bank by
the City Clerk or other officer of his corporation.
Page 2- Resolution No. _- 1988
BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the
City Council of the Corporation and certified to as governing the operation of
this Corporation's account(s) with it, be and are hereby continued in full
force and effect, except as the same may be supplemented or modified by the
foregoing part of this resolution.
BE IT FURTHER RESOLVED that all transactions, if any relating to deposits,
Withdrawals, re-discounts aud borrowings by or oa behalf of this corporation
with said bank prior to the adoption of this resolution be, and the same
hereby are, in all things ratified, approved and confirmed.
BE IT FURTHER RESOLVED that the signatures of two of the following named City
employees are required for withdrawal of City investment funds from savings
and loan associations, and for access to the safety deposit box:
Richard D. Pribyl, Finance Director-Treasurer
William W. Bruns, Acting City Manager
Julie M. Burt, Assistant Finanee Director
BE IT FURTHER RESOLVED that this resolution becomes effective October 1, 1988•
I further certify that the Council of this eorporation �as, and at the ti.me of
adoption of said resolution had, full po�er and lawful authority to adopt the
foregoing resolutions and to confer the powers therein granted to the persons
named who have full power and lawful authority to exercise the same.
PASSEll AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
, 1988
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
9A
�� FOR CONCURRENCE BY THE CtTY COUNCIL
Se�tember 26, 1988
GAS SERVICi:S
Air One Piechanical Co.
6317�Welco�e Avenue North #6N
t�iinneapolis, MN 55429 By: Sam Breno
Dickey's
J.7139 Verdin Street N.W.
Andover, MN 55304 By: Richard Slayton
Environ-Con, Inc.
Box 1351
St. Cloud, MN 56302 By: Gary Sohlstrom
GENE RAL CONTRACTOR
Johnson Engineering & Construction Co.
2215 Dodd Road
St. Paul, MN 55120 By: Dale Johnson
Marco Construction Co.
2233 Hamline Avenue
St. Paul, MN 55113 By: James Lee
Pacif ic Pools
6922 - 55th Street North
Oakdale , t•1i1 55109 By : Bill Dornseif
Porch Masters Inc.
38 - 104th Avenue N.W.
Coon Ral�i3s , f•IN 55433 By : Greg Johnson
5undown Construction Inc.
11882 Lexin�ton Avenue
Blaine, t�P1 55434 By : Stephen Paulus
Welch, Casey & Forsman Inc.
6333 Cedar Avenue South
Minneapolis, MN 55423 By: Peter Welch
HEATI NG
Air Ctze Mechanical Company
6317 Welcome AVenue North #6N
Minneapolis, MN 55429 By: Sam Breno
Dickey's
17139 Verdin Street N.W.
Andover, MN 55304 By: Richard Slayton
Environ-Con, Inc.
Box 1351
St. Cloud, MN 56302 By: Gary Sohlstrom
Preferred Mechanical Services
712 West 77� Street
Richfield, MN 55423 By: Wayne Johnson
��
�
-- LICENSES
APPRWED BY
WILLIAM SANDIN
Plbg.-Htg. Insp.
Same
Same
DARR�L CLARK
Chief Bldg. Ofcl.
Same
Same
Same
Same
Same
WILLIAM SANDIN
Plbg.-Htg. Insp.
- Same
Same
Same
FOR CONCURRENCE BY THE CITY COUNCIL "
ESTIMATES �
September 26, 1988
Herrick & Newman, P.A.
6401 University Ave., N.E.
Fridley, Mn 55432
For Services Rendered as City Attorney
For the Month of August, 1988 . . . . . . . . .$ 3,441.15
Astech Corporation
P.O. Box 1025
St. Cloud, MN 56302
Street Improvement Project No. ST. 1988 - 10 (Sealcoat)
FINAL ESTIMATE . . . . . . . . . . . . . . . . .$ 8,278.80
Ernst Associates
122 West Sixth Street
Chaska, MN 55318
Lake Pointe Corporate Center
Partial Estimate . . . . . . . . . . . . . . . $ 2,090.00
Eugene A. Hickok & Associates
545 Indian Mound
Wayzata, MN 55391
Moore Lake Restoration Project No. 149
Partial Estimate . . . . . . . . . . . . . . . $ 166.00
H & S Asphalt
1700 Industry Blvd.
Anoka, MN 55303
Street Improvement Project No. ST. 1986 - 1& 2(Phase 2)
Estimate No. 11 . . . . . . . . . . . . . . . . $37, 526. 90
C.S. McCrossan, Inc.
P.O. Box 1240
Maple Grove, MN 55369
Street Improvement Project No. ST. 1988 - 1& 2
Estimate No. 4 . . . . . . . . . . . . . . . . $47, 264 . 78
� �kGM: City of Fridlev Enoineering Givision
T�: Honorable hayor and Citv Council
Citv of fridlev
6431 Universitv Avenue N.E.
Fridley, Minaesota 55432
DHTE: 5epte�ber 12. 19B8
-------------------------------------
CONTkACT ITEM
----------------------------------------
5ed1[oet M1�h fa-� Hoorena±e
5eal�oat Nith FA-3 Aaareaate
5weey 5treets a4ter Sealcoatinc
� j�T��
�IIY GF FRIDLEY PUBLIC YaRK5 LEPARTMENT
6431 UNIYERSITY AVENUE N.E.
FRIDLEV. MINNE50TA 55432
FROJECT l48B-lU - SEALCDATIN6
STATE�ENi Of YORt:
----------------------------------
E5TIMAiEd �NIT
BUANTITY PRICE UNIT
-----------------------------------
14H,?bfi u.33 5q. Yd.
26,695 0.429 Sq. Yd.
175.46: �.ii; 5q. Yd.
12A
RE: Estiaate �o. 2 (FINAI E5TIMAtE
Period Endino:4-9-BB
GODE t 544-UO-Oi�0-86G3
544-U�-Gi�U-8804
FDR: Astech Corporation
P.O. 1425
5t. Cloud, MN 56302
Q�ANTITY THIS TQT�L
ESTIMATE TDTAL AMDUNI
----------------------------------------
137.6?2 131,b?[ 45.431.7b
3b,4B3 36,483 15,ti51.21
1%4�1�J 1�4.�JJ J�Li4.��
-�-------------------------------------�----�--------�---�--�-----�--�--
�--_-___-__-�--�----�--------�--
fo6.3U7.b1
SUMMAkt:
Oriainal Contract A�ount
Revised Contract A�ount
Value Co�pleted To Date
A�ount Retained (OZi
iess A�ount Paid Previouslv
AMUUNT DUE THIS ESTIMATE
CEkTJEICATE UF THE CDNTkACTOk
.
126
565. Bi�9. 22
ib�.804.22
ib6.3i�i, b2
fU.uu
t58,��8.8�
f8,278.BU .
I here�vi certifv that the Mork: pErforsed and the �aterials supplied to date under the terss of the �ontract for this
proiect, and ali authorized chanoes thereto, have an actual value under the contract of the a�ounts shown on this
esti�ate iand the final quantities on the final esti�ate are [orrectt, and that this esti�ate is ju5t and correct and no
oart of the °Aoaunt Lue This Estiwate" has 6een received.
By --- � ----- - ---- 6ate ----�--�---��
Con ic_�r s A thirizc rese ive ITttlei
GEkTIfICATE Uf TNE EN6INEEk
I here�vi certifv that I have prepared or exa��ned this estiaate, as�d that the �antrac#or ia entitled to pay�ent of this
esti�ate under the contra�t for reference project,
CITY OF FRIDLEY. IN5FECi�k
�`y ' --�'-'i--
Lhecked By ______ �li� -�/Jri��,c�
/ PFkf`A5E 1 "A6
RPA6F2`A6F
RPABE3'AGPF
Date
kespec�fully 5u6oitted,
/,/ /
-- ----- --------------- --
�Itn 6. Flora.P.E.
.� Fubli� Morks Dire�tar
L/
Septanber 12, 1988
City of Fridley
Froj ect No. 1988-10, SF�ALCDATING
CERTIFICATE OF �iE QJN!'RAC�It�R
This is �o certify that itsns of the work shawn in the statenent of work
certified herein have been actually furnished and done for the above
mentioned proj ects in accordance with the plans and specif ications heretofore
apprwed. The firal contract cost is $66,307.65 and the final payment of
$8,278.80 for the improvenent project would cover in full the contractor's
claims against the City for all labor, materials, arrl other work done by the
contractor under this project.
I declare under the penalties of perj ury that this statenent is j ust and
correct.
S `fIY �:��� - •� ' • t�
�r � ��'' (J
Bruce Batzer, President
JT/g
3/6/4/9
12C
Septenber 12, 1988
To: Public Works Director
Ci ty of Frid]. Ey
RE1�KI' ON FIl�iAi� II�PECTIDN �R
CITY OF FR.IDLEY
p1�kTECT 1�U. 1988-10, SEALCDATIIVG
we, the ur�dersigi�d, have inspected the above mentior�ed proj ect and f ind that
the work required b� the oontract is substantially ccmplete in confornlity
with the plans ar�d s�ecifications of the project.
All def iciencies have been corrected b� the contractor. A1 so, the work f or
which the City feels the contractor should receive a reduced price has been
agreed �on b,� the contractor.
So, therefore, we r�anerrl to you that the City ap�rwe the attached FIl�tAL
FSTIl�,TE for the contractor and the one-ymr maintenance bond, starting fram
the day of the firal inspection that being Septanber 9, 1988.
�7't
Jon Thanpson. Construction Inspector
�'�' ! • C�'4� �'
Contractor Representative, (Tit1e)
JT/g
3/6/4/10
��
CITY OF FRIDLEY
P(.BLIC WORKS DEPP�MENP
IIVG IlVEERIl� DIV IS IDN
6431 University Avernae N. E.
Fridle�, Minnesota 55432
Septenber 12, 1988
Homrable Nhyor arrl City Cour�cil
City of Fridl�
c/o Nasim NL Qureshi, City Marsger
6431 University Avernue N. E.
Fridle�, NII�I 55432
Council Mstibers:
CERT IF ICATE OF 'II� E II� II�R
We hereby sulznit the Firal Estimate for Project No. 1988-10, Sa3lcoating for
Astech Corporation, P.O. Box 1025, St. C'1aud, NN 56302.
We have viewed the work under contract for the construction of Project No.
1988-10, Sealcoating, and firrl that the same is substantially camplete in
accon�ar�ce with the contract docunents. I recanmend that final gayment be
made u�on acceptance of the work by your Horr�rable Body ar�d that the or�-year
contractual mainterance borr3 caa�ner�ce on the date listed.
Respectfully su�nitted,
John G. Flora
Public Works Director
Prepared
� - _.
JGF/g
3/6/4/11
12E