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03/12/1990 - 4964 OFRIDLEY CITY COUNCIL FETING av ATTENDENCE SHEET MONDAY MaAch 12 , 1990 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER i vo l4 LQhe. — 7-'-t\ o Z T"cijlv MIcc tiG �- WILLIAM W. BURNS CITY MANAGER COUNCIL MEETING MARCH 12, 1990 FRIDLEY CITY COUNCIL I[ARCH 12, 1990 - 7s30 P.M. PLEDGE OF ALLBGIl�NCE: PRESENTATION OF PROCLAMATION: Girl Scout Week March 11 - 17, 1990 APPROVAL OF MINLTTESs � Council Meeting, December 18, 1989 Council Meeting, February 26, 1990 � Special Council Meeting, March ?, 1990 ADOPTION OF AGENDA: OPEN FORIIM, VIBITORB: (Consideration of items not on agenda - 15 minutes) PDBLIC HEARING: Public Hearing on an Ordinance Amending Sections 7.04, 7.05, 7.07, and 7.09 of the Fridley CityCharter . . . . . . . . .P . � � '� � '�" � . . . . 1 - 1D FRIDLEY CITY COIINCIL 1dE$TING, MARCH 12, 1990 OLD BIISINEBS: Variance Request, VAR #89-19, Front and Side Yard Setback Requests by Orville and Jeannine Sachs . . . . . . . . . . . . . . . . . 2 - 2CC � -. ,{� � � � � � ��l/ _/ NEW BIISINESS: Approval of Contract for Canada Goose Control Program � � � �� U :� , Paqe 2 �� � . . . . . . . . . . 3 - 3N � First Reading of an Ordinance "" Adopting New Chapter 407, Entitled, "Excavations in Public Streets, Rights-of-Way and Easements" . . . . . . . . . . . . . . . . . 4 - 4E +`�'� - � \ i* ?i � r� _� ��`'� �� �;. �� � �� , � � �'�' S � � � ✓ , �� � � _ � �r � �� Approval of Recommendation �/ for Tax Forfeit Parcel No. 54 . . . . . . . ° , . 5 - 5A 1 ��� � , �' ��'" FRIDLEY CITY CODNCIL 1�BBTINa, MARCH 12, 1990 NEW BII8INE88 (CONTINITED): Change Order No. 16 for Fridley Municipal Center Improvement Project No. 189 . . . . . . . . . . . 6 - 6C i � t �Iv � � Approval of Recommendation to Award Contract for Repair of Well No. 3 . . . . . . . . . . . . . . . . . . 7 � , �� �� � Appointment: City Employee . . . . . . . . . . . 8 Claims Licenses � �v" -n . . . . . . . . . . . . . . . . . . . . . 9 / J d r� i�!✓ . . . . . . . . . . . . . . . . . . . . 10 - l0A 2 v,� , / � Estimates . . . . . . . . . . .� . . . . . . . . . 11 - 11A 1 � ADJOURN: / . Paqe 3 ♦ GIRL SCOUT WEEK MARCH 11-17,1990 VYilliam J. Nee Mayor Fridley, MN WHEREAS, Girl Scouts of the United States of America recognizes that ioday's girls will be tomorrow's leaders; and WHEREAS, Girl Scouts of the United States of America is the largest voluntary organization for girls in the world and draws upon a large resource of positive adult role models; and WHEREAS, the Girl Scout movement continues to emphasize leadership and personal and career development for girls; and, WHEREAS, Fridley and the world will be the direct benefcciaries of the skilled young women who are Girl Scouts; NOW THEREFORE BE IT' RESOLVED, that I, William J. Nee, Mayor of the City of Fridley hereby proclaim March Il -17,1990, as: GIRL SCOUT WEEK 1 do further call upon all citizens of this communiry to give to the Girl Scouts, now and through all of 1990, the continued interest, enthusiasm, cooperation, and support necessary to bring Girl Scouting to every girl in Fridley who wishes to join. IN WITNESS WHEREOF, 1 have set my hand and caused the seal of the City of Fridley to be affi�ed this 12th day of March,199�0. WILLIAM 7. NEE, MAYOR TH$ MINIITSS OF THB FRIDL$Y CITY COII�TCIL KE�TI�G OF D$CEMBBR 18, 1989 THE MINIITES OF T8E REGIILAR METTING OF TH$ FRIDLBY CITY COIINCIL OF DECEMBER 18, 1989 The Regular Meeting of the Fridley City Council was called to order at 7:44 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: - '�iayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, DECEMBER 4. 1989: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following resolution was added to the agenda as part of Item 4: Resolution Authorizing Participation in the Minnesota Rental Rehabilitation Program. MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilwoman Jorgenson. Ugon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: KEN ORTTEL. LEAGUE OF MINNESOTA CITIES: Mr. Ken Orttel, representing the League of Minnesota Cities, presented a check to the City for $61,019 from returned dividends. He stated three things are taken into consideration in determining the amount to be returned to cities; the length of time a city has been in the program, the amount of premiums paid, and the adjusted losses. He stated about $7,000,000 in dividends is being returned to all cities participating in the program. �RIDL$Y CITY COIINCIL MEETING OF DBCEMHER 18, 1989 PAGE 2 o„T.D BUSZNESS : 1. QRDINANCE NO 939 ADOPTING THE BUDGET FOR THE FISCAL YEAR 91 90: . MOTION by Councilman Fitzpatrick to waive the readinq and adopt Ordinance No. 939 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �JEW BUSINESS• 2. ADVERTISING FOR BIDS FOR A 1.5 MILLION GALLON ELEVATED WATER STORAGE TANK• Mr. Flora, Public Works Director/City Engineer, stated the City retained the services of HNTB to conduct a study of the entire water system. He stated as a result of this study, it was determined the City needed additional elevated water storage. Mr. Flora stated in comparisons with 14 other cities of our size, it was found that Fridley ranked last in providing elevated storage. He stated the City's low, intermediate and high level water distribution systems were reviewed to determine how to provide satisfactory water storage. Mr. Flora stated in evaluating a potential site for an elevated tank within the three zones, emphasis was given to the availability of public land, open land, elevation and access to existing major water lines. He stated three sites were identified in the intermediate zone, but were eliminated from consideration due to the type of land use. He stated because an adequate site could not be found in the high level zone, focus was on a low level area. Mr. Flora stated three separate areas were evaluated. He stated one site was adjacent to the Locke Park filtration plant, another area adjacent to the corporate yard, and an area adjacent to the NSP transformer site. He stated it was felt the area adjacent to the filtration plant was too close to neighborhoods and might have an adverse impact on homes south of the site. He stated the corporate yard was not close to residential neighborhoods, but the elevation was a little low. He stated the area adjacent to the NSP transformer had sufficient elevation and was substantially removed from residential neighborhoods and close to a water line. He stated it was determined this would probably be the preferred site to construct an elevated water tank. Mr. Flora stated in reviewing the various elevated vessels that are available, the ellipsoidal, the waterspheroid, and the fluted tanks, the ellipsoidal would be the most costly and, while the waterspheroid was the simplest, it was determined that the fluted tank would probably be the most economical to construct, provide for a 1.5 MG tank and advertise for bids. FRIDLEY CITY COUNCIL MEBTING OF DBC$MBER 18. 1989 PAGE 3 Mr. Flora stated after considerable discussion with the consultant, IiNTB, and reviewing needs identified in the plan, it is proposed the City construct a 1.5 MG elevated water storage tank west of Highway 65 in Locke Park, considering adding one new well for the system and upgrade its booster pumps to move water from one zone to another. He stated he believed this tank would provide sufficient storage to meet the City's needs and the site is sufficiently removed from the residential neighborhoods and accessible for easy maintenance. He requested the Council authorize staff to work with HNTB to prepare plans and specifications and investigate the site as a location for the tank. Councilman Fitzpatrick asked why Fridley has a high daily water usage. Mr. Flora stated the City has a large industrial base and a greater need for water than some of the "bedroom type" communities. He stated the average daily water use is a computed average based on the total gallons of water pumped per year. Councilman Schneider stated in reviewing the total gallons of storage per capita, Fridley is at 166.67, or somewhere in the middle compared with other cities. He stated, however, in the percent of daily demand, Fridley is close to the bottom compared with other cities. He stated he assumes this is based on the daily average use. Mr. Flora stated that is an average figure for the year. He stated the City does not have a very large volume of water available in a storage vessel to satisfy the daily demand. Councilman Schneider asked why the tank should be elevated. Mr. Flora stated it is elevated so that you obtain the necessary head and pressure. Mayor Nee stated the City of Coon Rapids has a lot of on-ground storage and not much in the way of elevated tanks. Mr. Flora stated Coon Rapids has almost three times as much elevated storage as Fridley. Mayor Nee asked the benefits and economic impact of an elevated tank. Mr. Flora stated with the additional elevated water storage tank, equalized pressure would be provided throughout the system and provide water storage to meet the needs for any major fire that should occur. He stated if another tank needed repair, water pressure could still be maintained while it is out of operation. FRIDLEY CITY COIINCIL 1S8$TINQ OF DBCB�MB$R 18. 1989 B�GE 4 Mr. Flora stated the water rate Btructure is currently being reviewed as a means of financinq this project as well as the other projects identified in the five year capital improvement plan. Mayor Nee questioned the estimated cost for such a storaqe tank. Mr. Flora Het stated since this is a 1.51million gallon tank n the storage. cost would be about $1,300,000. Mayor Nee stated he was under the impression the City was in good shape as far as water storage, however, he realizes alot of study has been done on the City's water distribution system. Mr. Flora stated the City qets by on a patch and band-aid process. He stated if two wells were ever down at the same time in the summer it would be difficult to maintain the water level and pressure. He stated it is important the City have some elevated storage to deal with these demands in the summer. Councilman Schneider stated prior to the drought, the Council but been assured that the water system was in qreat shape, eventually some storage would be needed in the northern part of the City. He stated in reviewinq the charts, it looks like the Council has been totally irresponsible over the past years. He questioned if this was the case and if information was intentionally withheld or if something drastic has surfaced that the Council was not aware of. Mr. Flora stated a nulaber of things have happened over the years. He stated when wells were first installed in the City, they were deep wells. He stated as the City continued to grow, some shallow wells were added. Mr. Flora stated since 1976, when the first water system study was conducted, the need for additional storage was identified. He stated the City had 13 wells at that time and was using 8 or 9 million gallons a day so there was adequate capacity. He stated in the mid-1980's, FMC and Webb Publishing came on line and are the largest water users. He stated FMC quit using their wells because of water contamination, and shortly thereafter, Webb Publishing began operations and their presses called for a large amount of water. He stated the water demands were increased substantially to 16 million gallons a day. Mr. Flora stated the dry summer also increased demand. He stated if there is a major power outage or failure of two wells, the City could not meet the demand for water. Therefore, it is important to have some elevated storage. Councilwoman Jorgenson stated she has a concern about storing water as she felt it gives the idea there is plenty available. She felt there should be some conservation measures. She questioned if Webb Publishing or FMC recycles the water. FRIDLEY CITY COIINCIL MEETINa OF DECEMBER 18. 1989 PAGE 5 Mr. Flora stated Webb Publishing recycles their press water three times, but he did not know if FMC does any recycling. Mr. Burns, City Manager, stated a study of the rate structure began this week. He stated one of the goals is to produce a rate�system that encourages conservation. He stated the present system does not encourage conservation as the rates go down as more water is used. Councilman Schneider stated if additional storage is necessary because of heavy industrial users, it would seem those users should carry their fair share of the cost. Mr. Flora stated by implementing a summer sprinkling ban, it would eliminate excess use during high demand periods. Councilman Schneider stated the City has required businesses to install sprinkler systems and he could see where there may be a problem if they were not allowed to use them. Mr. Flora stated sprinkling systems can be timed so water is used during the late evening or early morning hours which does not impact our demand periods. Councilman Schneider felt the specifications should be drafted in such a way to insure there would not be a large number of change orders. Mr. Flora stated it should be a fixed cost for the steel and construction of the tank. He felt the area which may involve some changes would be in the footings. He stated soil borings are being done to determine what type of footings are necessary so the design can be finalized to support the tank. Councilman Schneider stated his concern was how the City establishes accountability. Mr. Flora stated some incentives are being considered as far as expediting the project. He felt that by bidding the two types of tanks, the City will get the best possible price. He stated by taking soil borings, the best type of base to support the structure can be identified. Mr. Burns stated this project is more simple than the Municipal Center project. Mr. Herrick, City Attorney, felt the organizational process should be kept simple and not have an architect, a project manager, and a multitude of contracts. He felt there was not a direct line of accountability with the Municipal Center project. Mr. Herrick felt this should be taken into consideration when the specifications are drawn and advertised and when the contract is reviewed. � • 1 �I _ : t • � . 1: " r f : Mr. Flora requested the Council consider the area adjacent to the NSP transformer site west of Hiqhway 65 as a priority location, and to continue soil borings and the preparation of plans and epecifications for the design, in order to attempt to have this tank in use by January, 1991. _. Councilman Schneider stated he would like somethinq highliqhted along the lines of accountability or incentives. MOTION by Councilman Fitzpatrick to approve the preparation of plans and specifications for the 1.5 MG elevated storaqe tank. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to authorize the advertisement of bids for both a waterspheroid and fluted type tank. Seconded by Councilman Fitzpatrick. Mr. Iierrick asked if there would be additional expenses and if separate plans and specifications are designed for the two different types of tanks. Mr. Flora stated the type of soil on the site will be identified and requirements given for the site, and bidders will be allowed to bid either type of tank whether it be waterspheroid or fluted. Mr. Herrick stated he understands then that the design of the tank and supporting structure comes from the bidders. He stated the City will not be providing plans and specifications on how it is constructed, but the bidder will outline how they would construct it given the site and footings and the type of tank the City desires. He stated there would not be any additional cost to bid the two different styles of tanks. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Billings asked the height of the tank. Mr. Flora stated it is 140 feet above the ground. Councilman Billings asked how visible it would be from the residential area. Mr. Flora stated the NSP power lines are about 100 feet high so this tank would be 40 feet higher. He stated the closest residential area is on the south side of Rice Creek. Councilwoman Jorgenson asked if the City has access to the site. Mr. Flora stated the City has access and is obtaining an easement from NSP to put a water line along the north proprty line. FRZDLEY CITY COIINCIL MEETING OF DECEMBER 18. 1989 PAGE 7 MOTION by Councilman Billings to consider the area adjacent to the NSP transformer site west of Highway 65 as the primary location of this storage tank. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -� 3. RECEIVING THE MINUTES FROM THE PLANNING COMMISSION MEETING OF DECEMBER 6, �989: MOTION by Councilman Billings to receive the minutes of the Planning Commission meeting of December 6, 1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. APPROVING AND AUTHORIZING EXECUTION OF MEMORANDUM OF UNDERSTANDING FOR RENTAL REHABILITATION PROGRAM: AND RESOLUTION NO. 97-1989 AUTHORIZING PARTICIPATION IN THE MINNESOTA RENTAL REHABILITATION PROGRAM: Ms. Dacy, Planning Coordinator, stated the Rental Rehabilitation Program is a program sponsored by the Minnesota Housing Finance Agency to allow owners to improve their rental units. She stated entering into this agreement allows the City to participate in the program. Ms. Dacy stated a resolution is also included which authorizes participation in the Rental Rehabilitation Program. MOTION by Councilman Fitzpatrick to authorize the City to enter into the Memorandum of Understanding for the Rental Rehabilitation Program for the Fiscal Year 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to adopt Resolution No. 97-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. AWARDING CURBSIDE RECYCLING BID AND EXECUTING CONTRACT: MOTION by Councilman Fitzpatrick to remove this item from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated this item was tabled from the last Council meeting as there was a question raised regarding the bids. Mr. Herrick, City Attorney, stated he has submitted a written opinion which is shown on Page 5E of the Council's agenda. He stated, basically, his conclusion is that the proposed contract with Super Cycle, Inc. is not inconsistent with the specifications or advertisement for bids. FRIDLBY CITY COUI�CZL lL$ETINa O� DBCEKB$R 18. 1989 P�QE 8 MOTION by Councilman Fitzpatrick to award the bid for City-wide curbside collection of residential recyclables to Super Cycle, Inc. Seconded by Councilwoman Jorgenson. Mr. Don Hinz, Ramsey Recycling, Inc., etated he was not here this eveninq to convince the Council to chanqe their opinion, but to try and defend what he feels is an unfair castinq of Ramsey Recycling as outlined in the staff's memo. Mr. Hinz stated he was not here to criticize anyone, since Super Cycle provides wonderful service. He stated that he believes his firm also provides this type of service. Mr. Hinz stated it was obvious the City staff �tanted to recommend Super Cycle for this contract to which he takes no offense. He stated Super Cycle is the current contractor and has a foot in the door and they provide good service and, most important, it is cheaper. He stated those are good reasons why Super Cycle should retain the contract. He felt, however, Ramsey Recycling was treated very unjustly. Mr. Hinz stated that in staff's memo, Ramsey Recycling is referred to as "a loosely organized consortium of seven refuse haulers operating in Ramsey County." He stated they have corporate executive boards and are registered with the State of Minnesota. He stated his firm has many years of collection experience and is not loosely knit. Mr. Hinz stated his company was formed because there was a void by Super Cycle to provide the needed services. Mr. Hinz stated the memo also states that Ramsey Recycling provides service to only 5,700 households. He stated they provide service to 5,700 households in Spring Lake Park and Mounds View. However, they also service St. Paul, North St. Paul, Lake Elmo, Maplewood, and Bayport. He stated the total number of households serviced is probably about 40,000. Mr. Hinz stated the City staff evaluated Super Cycle and his firm on the basis of materials that wou2d be collected. He stated Ramsey Recycling prefers not to collect cardboard because it is getting to be a contamir►ant. He stated if the City wished this collected, they would do so. He stated they also collect drain oil, batteries, and plastic at no increased cost. Councilman Schneider asked Mr. Hinz if the City staff was aware they vould collect these items. Ms. Dacy stated the specifications contained four materials that are now being collected and did not contain plastics, batteries or oil. She stated staff's intent was to maintain the current program and not add any other recyclables at this time. Councilman Schneider asked if staff was aware that Ramsey Recycling would include batteries and oil in their collection. FRIDL$Y CITY COIINCIL ME$TINa OF D$CBMBER 18. 1989 PAG$ 9 Mr. Burns stated staff has only known for a few days that Ramsey Recycling would collect these items. Ms. Dacy stated these items were not included in the bid package and staff was made aware that they would collect these materials when they met with Ramsey Recycling several days ago. Mr. Hinz stated as far as weighing the loads, all trucks are weighed at Waldorf. He stated their weiqhing procedure of subtracting the tare weight to determine the weight of the other materials is an acceptable method. He stated if the City wished some other means of weighing, this could be done. Mr. Hinz stated in reference to their billing being late, the requirements for Spring Lake Park were for monthly billings. He stated the billings could be submitted in a day if the City wished. Mr. Hinz stated in regard to the reference that staff was unable to reach them by phone, Ramsey Recycling was formed after the telephone books were published. He stated they have secretarial staff and telephone lines to respond to problems at all times. He stated missed collections are not a problem. He stated by corporation regulations, trucks call in for any missed stops before they leave an area. He stated there is a big discrepancy between a miss and what is a late set out. Mr. Hinz stated because they are fairly new in the industry, there certainly will be a transition period. He stated their collection rate has improved dramatically and in the six months they have been providing service to Mounds View, they have not missed any pickups. Mr. Hinz stated Ramsey Recycling does have different trucks because they are seven different companies, however, only the end result should be a concern of the City. Mr. Hinz stated in response to the paper crisis, and the reason they did not submit any contingencies in their bid, they are searching out other markets such as using newspaper to make animal bedding. He stated they are taking steps in the event there is another newspaper glut by finding other markets. Mr. Hinz stated he felt Ramsey Recycling was cast in an unfavorable light and they could offer better service than what was outlined in staff's memo. Mr. Burns stated three members of the City staff visited Mr. Hinz's operation in Newport last week. He stated Mr. Hinz was asked to name the cities to which Ramsey Recycling provides service. He stated Mounds View, Spring Lake Park, and District 14 in St. Paul were the only ones mentioned by Mr. Hinz. Mr. Burns stated Mr. Hinz was asked if he took exception to any of the items to be collected and he mentioned cardboard. He stated in regard to the radios in vehicles, Mr. Hinz was unclear whether they had radios FRIDLEY CITY COIINCIL MEETINa OF DBCSMBBR 18. 1989 PAGE 10 in all the vehicles. He stated Mr. Hinz never offered infonaation that his firm collects oil and batteries. He stated staff learned about this when references were checked. Councilwoman Jorgenson asked Mr. Hinz if Ramsey Recyclinq was awarded the bid, if someone could be reached at their office over the weekends. Mr. Hinz stated probably not, but someone would be in the office on Monday. Councilwoman Jorgenson asked if the City could continue with Friday pickup if Ramsey Recycling received the bid. Mr. Hinz stated this could be done, but he would prefer to offer a weekly service. Councilman Schneider stated he read the staff report and was comfortable with awarding the bid to Super Cycle. He stated even though it was not intentional, he felt the memo may have been misleading. Mr. Tom Glander, Vice President of Super Cycle, Tnc., stated Super Cycle has a staff of 24 people and operates out of St. Paul. He stated they are owned by a firm in Denver, Colorado, RECOMP, Inc., which is in the business of waste processing and recycling. Mr. Glander stated Super Cycle has been collecting in Fridley for some time and recently completed a re-routing of the City. He stated they like to operate on the same basis as the postman or school bus and have regularly scheduled times they pick up recyclables at various households. He stated they know the problem areas in the City and deal with this in the best way possible. Mr. Glander stated Super Cycle, Inc. has met all the requirements of the bid specifications. He stated every truck and load is weighed. Mr. Glander stated their quality of service is at 99.8�. He stated they have no sub-contractors and all their vehicles are marked and equipped with two-way radios. He stated Super Cycle is an affirmative action employer. He stated they offer multi-unit recycling and were instrumental in implementing the Proctor Gamble disposable diaper project. Mr. Glander stated Super Cycle does collect cardboard and will collect plastics by July of this year. He stated, however, they cannot collect plastics at the exact same fee they proposed. He stated as far as collecting batteries and oil, they do not collect these materials because of the liability. He stated they feel it is not a good option to have batteries and waste oil at the curb and a majority of the gas stations wi17. take these materials. He felt this was a better option for the City. Mr. Glander stated with any missed collection, if the call is received by il a.m., they pick it up the same day. He stated if FRIDLEY CITY COIINCIL M$$ INQ OF D$CBMBER 18. 1989 PAGB 11 the call is received after il a.m., they pick it up the following Monday. He stated they have a phone number dedicated only for calls from residents. Mr. Glander stated a redemption center is open on Saturdays to also take phone calls. Mr. Glander stated they are looking at new markets for newspapers. He stated in terms of animal bedding, he felt the metropolitan area should take advantage of the industrial opportunities and let the outside areas deal with animal bedding. Councilman Schneider stated if there is no market for paper and the City stops collecting it, if Super Cycle's fee is renegotiated. Mr. Herrick stated in talking to staff, it seemed if the City was paying $3,800/month to pick up paper, aluminum, glass and cardboard and, for economic reasons, they ceased picking up newspaper, which is more than half the total tonnage, the City would be overpaying. He felt, therefore, there should be a clause, if newspaper pickup would cease, to renegotiate for a lower price. Councilman Schneider asked if the amounts to be paid Super Cycle are included in the contract. Ms. Dacy stated Super Cycle's bid was $84/ton or approximately $57,456 for the contract period based on 57 tons per month. She stated the monthly minimum payment is contained in Exhibit A or B and is, obviously, not attached. Mr. Herrick stated the Council did not have to vote on the contract at this time, only on awarding the bid. Ms. Dacy stated the contract could be included on the Council's January 8 agenda. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilwoman Jargenson, Councilman Billings and Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 6. CHANGE ORDER NO. 15 FOR FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189• Mr. Flora, Public Works Director/City Engineer, stated this change order adds Proposal Requests No. 104 and 113 to the Municipal Center and Proposal Request No. 103 to the Fire Station. He stated it also amends Proposal Request No. 97 and Work Order No. 1960 which were previously incorporated in Change Order No. 13. Mr. Flora stated this change order finalizes the various contracts with the Municipal Center, Fire Station and Ramp contractors to identify the final costs associated with the work that has been completed and the net result being a deduction of $6,565.31. FRTDiBY CITY eom�tciL MEBTINQ OF DBCEMBER 18. 1989 PAG$ 12 MOTION by Councilman Schneider to authorize Change Order No. 15 for the Municipal Center Improvement Project No. 189 for a deduction of $6,565.31. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -. �� �F.SnTTTTTON N0. 98-1989 REOUESTING AN EXTENSION TO THE NINE MONTH RE UIREMENT TO COMPLETE A COMPREHENSIVE PLAN AMENDMENT: MOTION by Councilman Billings to adopt Resolution No. 98-1989 and authorize the Mayor to send the letter to Chairperson Keefe. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 99-1989 ORDERING PRELIMINARY PLANS. SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST. 1989 - 1(SANITARY SEWER LINE - 7570 HIGHWAY 65): Mr. Keith Poppenhaqen, tenant of the building at 7570 Highway 65, stated he would like to know the City's plans for this property. He stated he plans to purchase the building and needs direction on what has to be done and a time frame for completion of the improvements. Mr. Poppenhagen stated the reason improvements have not been done was because it was not known who actually owned the property. He stated he has been turned down for a loan to purchase the property because improvements are not completed. Mr. Poppenhagen stated he plans to buy out the contract, but is still working on the financing. Mr. Poppenhagen stated he understands that the sewer needs to be connected by July. He stated he did not feel he could install the blacktopping by this date. Ms. Dacy, Planning Coordinator, stated she has talked to Mike Thompson on the time schedule and about the objective to have the sewer completed and trailers removed in 1990 and the blacktopping completed by January 1, 1992. Mr. Poppenhagen felt he could live with that time schedule. He stated he could get the taxes paid off and sewer connected by July. He stated as far as the other improvements, if financing is obtained, the improvements will be completed. He stated if he is part of the ownership of this business, he wanted to make sure what is required. Councilman Schneider stated the primary concern is the sewer issue. Mr. Herrick, City Attorney, asked Mr. Poppenhagen if he understood that the assessment could be paid off over a period of years. FRIDL$Y CITY COtTNCIL ME$TING OF D$CBMHER 18. 1989 PAQE 13 Mr. Poppenhagen stated he is aware of this, however, the estimated cost for the blacktopping is $8,400 and back taxes are $27,000. Mr. Herrick stated the questions Mr. Poppenhagen has raised were probably addressed to Mr. Thompson. He felt if Mr. Poppenhagen wanted these answers in writing, this could be done. Councilman Schneider asked if Mr. Thompson will still be the principal owner. Mr. Poppenhagen stated he would be part of the partnership which involves four persons. He stated if the ownership is in their name, a second mortgage could probably be secured for the improvements. Mr. Herrick stated he advised Mr. Thompson that from the investigations he has done, it appears the title is confusing. Ae stated he would recommend that an attorney be retained for a title opinion. Mr. Herrick stated a public hearing would be held in regard to the sanitary sewer improvements, and the City will attempt to notify every person whose name appears on the title. Councilman Billings stated he would encourage Mr. Poppenhagen to communicate with Ms. Dacy of the City staff as to what improvements are needed for this business to meet all the City code requirements. Mr. Poppenhagen stated he had the City inspectors out to his business. Ms. Dacy stated she would confirm what Mr. Thompson was told last week, in writing, to Mr. Poppenhagen. MOTION by Councilman Schneider to adopt Resolution No. 99-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 100-1989 RECEIVING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING FOR JANUARY 22. 1990 ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT NO. ST. 1989 - 1(SANITARY SEWER LINE - 7570 HIGHWAY 65): MOTION by Councilman Schneider to adopt Resolution No. 100-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COQNCIL ME$TINa OF DBCBMB$R 18. 1989 PAQE 1� 10. RESOLUTION NO. 101-1989 ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR THE REPAIR AND MAINTENANCE OF WELL NO. 5, PROJECT NO. 198: MOTION by Councilman Fitzpatrick to adopt Resolution No. 101-�989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 102-1989 ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR THE REPAIR AND MAINTENANCE OF WELL NO. 10, PROJECT NO. 198: MOTION by Councilman Schneider to adopt Resolution No. 102-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 103-1989 CERTIFYING TAX LEVY RE4UIREMENTS FOR 1990 TO THE COUNTY OF ANOKA FOR COLLECTION: MOTION by Councilman Fitzpatrick to adopt Resolution No. 103-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 104-1989 DESIGNATING TIME AND NUMBER OF COUNCIL �'iEETINGS • MOTION by Councilman Schneider to adopt Resolution No. 104-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. CLAIMS• MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 29727 through 29960. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. LICENSES• MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: FRIDLEY CITY COIINCIL 1dE$TINQ OF DBCEMBER 18, 1989 PAGB 15 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, 1+IIJ 55432 Services rendered for October, 1989 . . . . . . . . . . . . . . . . $ 8, 222 . 00 Bruce A. Liesch Associates, Inc. 3020 Harbor Lane Minneapolis, l�i 55447 Water Quality Study (Hydrogeologic Analyses) Project No. 195 Estimate No. 2 . . . . . . . . . . . . . . . $ 7,910.66 Gammon Bros., Inc. 13845 Northdale Blvd. Rogers, MN 55374 Street Improvement Project No. ST. 1989 - 1& 2 Estimate No. 10 . . . . . . . . . . .. . . . .$13,851.32 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 18, 1989 adjourned at 9:38 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: T8E I+iZNQTSB OF T8B FRIDLEY CITY COIINCIL ILEETI�iG OF FEBRIIl1RY Z 6� 19 9 0 THE MINtJTES OF T8E REGIILAR MEBTING OF THB FRIDLEY CITY COIINCIL OF FEBRIIARY 26. 1990 The Regular Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PRESENTATION OF PROCLAMATIONS: VOLUNTEERS OF AMERICA WEEK - MARCH 4- 10, 1990: Mayor Nee read this proclamation celebrating 94 years of service by the Volunteers of America to the people of Minnesota and the nation. Ms. Joanne Demko, Director of Congregate Dining for Seniors in Fridley, accepted this proclamation on behalf of the Volunteers of America. WOMEN'S HISTORY MONTH - MARCH, 1990: Mayor Nee read this proclamation proclaiming Women's History Month, March, 1990, and encouraged residents to research their family to see how women have contributed to the development of the City of Fridley and the nation. Ms. Kay Bonner Nee accepted this proclamation and stated there are many different events going on in the community and schools in celebration of Women's History Month. She stated there is an art event in which students from kindergarten through high school will be asked to depict, in any art form relevant to them, women who have made the most difference in th�ir lives. Ms. Nee stated this community has given real warmth, energy, and support and extended her thanks for this proclamation. FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 26, 1990_ PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 12, 1990: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee stated it has been requested that Item 16 be deleted from the agenda and that the word "Reordering" be changed to "Ordering" in Item 13. MOTION by Councilman Schneider to adopt the agenda with the above amendments. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS• VFW POST 363 PRESENTATION: Mr. Ron Saba, Quartermaster of the Fridley VFW Post 363, presented a check for $22,500 to the City to be used for a vehicle and additional training in the Fire Department. He stated it is possible to provide this donation using funds generated from charitable gambling. He stated it seems the Legislature wants to remove any donations for fire, police, and school projects. He stated he would like the Council's support so that they can continue their work in providing funds for community service. Mayor Nee and City Council members extended their thanks to Mr. Saba for this donation. He was reminded of the caucuses to be held on February 27 where he could address his concerns on this charitable gambling issue. PUBLIC HEARINGS• 1. PUBLIC HEARING FOR NORTHCO PHASE III DEVELOPMENT OF 2.4 ACRE LOOP-BACK SITE• MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:44 p.m. Mr. Robertson, Community Development Director, stated Northco is proposing to purchase and develop this 2.4 acre site for an 18,400 square foot, one story, block commercial and office building. He stated the developer proposes to begin construction this spring FRIDLEY CITY COIINCIL MEgTINQ OF FEBRIIARY 26. 1990 PAGE 3 with a bank as the anchor tenant and other tenants to include businesses such as printing, computer sales, and insurance offices. Mr. Robertson stated because wet soil will have to be removed and the site backfilled, the cost for the soil correction is estimated at $70,000 plus an additional $25,000 to elevate the site for proper drainage. He stated with normal soil conditions, the site preparation costs would be about $6,000. Mr. Robertson stated the Housing & Redevelopment Authority has recommended the Council establish a short term economic development district for the purposes of assisting this project with a$70,000 pay-as-you-go grant. He stated the qrant would be in the form of a revenue note for an amatant not to exceed the $70, 000 required for soil correction. He stated preliminary estimates indicate this would be approximately the first two years of taxes, therefore, this district could be retired in three or four years at the Council's discretion. Mr. Carlson, Executive Vice President of Northco, stated he was pleased to report that, at this time, they have sold one eight acre parcel in their business park to Robert Larsen Partners who will be developing the multi-tenant building. He stated they have another seven acre site, under option, and hoped to announce a user for this parcel in the next several months. Mr. Carlson stated he would like to give a brief presentation on the site plan and concept for the small corner parcel. He stated this parcel is 2.4 acres currently owned by the Soo Line Railroad. He stated as the owner and developer of the adjacent parcel, they became concerned when a service station was proposed for this site. He stated it was felt that if something could be worked out with the railroad, they would approach the City Council with a development they felt would be favorable for this site. He stated their proposal is fo� a 18,400 square foot building for use as a branch bank facility, with an auto bank facility, and the balance of the space would be divided into smaller spaces that could be leased. He stated these spaces, basically, may be used for a restaurant, computer sales, insurance offices, or travel agencies. Mr. Carlson stated the site has 124 parking spaces and meets the City code and they have asked that a riqht turn be allowed off 73rd Avenue with several driveways along the frontage road. Mr. Carlson stated the building would be brick with tinted glass windows and an accentuated roofing system. He stated they are working with Mr. Robertson on this issue. Mr. Carlson stated there is a soil problem on the site because a substantial amount of soil will have to be removed and the elevation raised in order to make the project function and drain properly. FRIDLEY CITY COIINCIL I�E$TING OF F$BRIIARY 26, 1990 PAGE 4 Councilman Schneider stated the market for office space is very slow and wondered if the developer would be able to lease these spaces. Mr. Carlson stated he has had discussions with several potential users, but until construction is further along, it is difficult to obtain leasing commitments. He stated the building is fairly small and different from the general office market in that there is parking at the front door, accessibility on the first floor level, and visibility from University Avenue. Councilwoman Jorgenson asked what type of signage is proposed. Mr. Carlson stated there would be signage primarily on the building, but they might apply for a pylon sign that would identify the project. Mayor Nee asked staff to explain the type of assistance the Housing & Redevelopment Authority is recommending. Mr. Robertson stated this would be a short term economic development district with a pay-as-you-go approach. He stated the grant would be given to the project over a four year period based on the taxes received, rather than being given up-front at the time the project is completed. He stated the tax base does not remain frozen, but must be inflated at the rate of surrounding property. He stated the original tax capacity inflates at a rate of about 31 percent which means that by the sixth year, the original tax capacity rate overtakes the estimated value of this property. Mr. Robertson introduced Ms. Mary Molzahn, Financial Advisor on HRA projects, to answer any questions from the Council. Ms. Molzahn stated the original tax capacity is normally frozen, in time, at the current value of the parcel of land ($9,695) for the whole term of the district. She stated an adjustment factor is required in an economic development district and, in this case, it is 31 percent which was based on figures over a five year period. She stated, therefore, every year the tax capacity will increase by 31 percent and, in 1997, the base will surpass the estimated value so no tax increment could be generated. Councilman Billings capacity. Ms . Mol z ahn stated t if a district is not the estimated tax $41,250. She stated is being inflated a asked Ms. Molzahn to explain original tax he original tax capacity would remain the same, created. She stated if a district is created, capacity upon completion of the project is beginning in 1992, the estimated tax capacity t a three percent inflation factor. FRIDLEY CITY COIINCIL ME$TING OF FSHRIIARY 26, 1990 PAGE 5 Councilman Billinqs asked why the inflation factor only qoes up three percent and the adjustment factor goes up thirty percent. Ms. Molzahn stated the thirty percent is based on historical figures and is fairly conservative. Councilman Billings asked if the Housing & Redevelopment Authority assisted with this project, if taxes would go up thirty percent a year. Ms. Molzahn stated that is not the case and those taxes will continue to be paid forever on the $9,695 value (original tax capacity). She stated, however, the total tax liability, once the building is completed, would be based on the $41,250 figure, the value of the new project. She stated they would be paying about 97 percent of this figure in taxes. Councilman Billings stated the taxes generated would be divided between the City, County, school districts, and other taxing authorities. He stated if development does not occur on this parcel, it is reasonable to assume that no new taxes will be generated for a long time. He stated, on the other hand, if the Housing & Redevelopment Authority assists with this project, the taxing authorities gain an immediate benefit because taxes will be increasing thirty percent a year. Councilman Billings stated it is confusing that Senator Frank favors eliminating tax increment financing because he feels it has a negative impact on the school district, when this shows there is an immediate positive impact to the school districts. He stated he would like to know Senator Frank's reasoning why this is not a good idea. Ms. Molzahn stated when this terminates in 1997, taxes will be going to the school districts, City, and County on the increased value that has accumulated. Councilman Schneider stated the thirty percent is based on the historical increase of the land tax value. He stated it seems fairly clear the property would not increase thirty percent if it was vacant. He stated as soon as the property is locked into a development district, a fairly high increase on value is guaranteed. Mr. Robertson stated this does not happen in a redevelopment district where there is a freeze, but, in this case, it would be an economic development district. Councilman Schneider questioned what would happen if an economic development district is created, but plans fall through several years later. FRIDL$Y CITY COIINCIL ME$TING OF FEBRIIARY 26, 1990 PAGE 6 Ms. Molzahn stated if nothing happened in the district, it would probably be de-certified. She stated they re-adjust the adjustment factor every year. Mayor Nee stated he understands the developer would be liable if a district is created and development did not occur. No other persons in the audience spoke regarding this Northco Phase III development. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:10 p.m. 2. PUBLIC HEARING FOR 1990 COMMUNITY DEVELOPMENT BLOCK GRANT: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:10 p.m. Ms. Dacy, Planning Coordinator, stated the City was notified by Anoka County that $104,000 in Community Development Block Grant funds is available for 1990. She stated the proposed allocation of these funds are as follows: $70,000 for the Riverview Heights Project; $33,291 for Human Services; and $1,000 to the County for administrative fees. Ms. Dacy stated a later agenda item requires action by the Council to submit the City's request for these funds to the County by February 28, 1990. Ms. Dacy stated the Planning and Human Resources Commissions have recommended approval of the allocations as outlined. No persons in the audience spoke regarding the allocation of these funds. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:12 p.m. FRIDLSY CITY COIINCIL ME$TINQ OF FBBRIIARY 26, 1990 PAGE 7 OLD BUSINESS• 3. ORDINANCE NO 944 RECODIFYING TiIE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJiJSTMENT OF SALARIES �'OR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2 07 OF THE CHARTER OF THE CITY OF FRIDLEY: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 944 on second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. SPECIAL USE PERMIT REQUEST FOR KEITH'S AUTO BODY. 7570 IiIGHWAY 65 N.E.: Ms. Dacy, Planning Coordinator, stated this property is located at 7570 Highway 65 and zoned M-1. She stated there are two existing buildings on this parcel that contain a variety of industrial uses. Ms. Dacy stated the Council considered this request on August 28, 1989 and tabled action until identification of the fee owner could be established and staff was to work with the petitioner on some code violations. Ms. Dacy stated in working with the petitioner and City Attorney's office, it has been determined that American Trustee Life Company is the owner and they are trying to sell the property to a partnership. She stated they have refused to sign this request, however, the City Attorney recommends the City proceed on this special use permit request because of its unique nature. Ms. Dacy stated the Council has authorized the sewer improvement project for this property which was the most significant code violation. Ms. Dacy stated it is recommended the special use permit be approved with seven stipulations which she outlined. Councilman Schneider asked what improvements were contained in Darrel Clark's letter of August 30, 1989. Ms. Dacy stated they basically involved handrails and some electrical items. Councilman Schneider asked Mr. Poppenhagen if he understood all the stipulations. Mr. Poppenhagen stated he was not aware of the stipulations for the front of the building. Ms. Dacy stated these were outlined in a letter to Mike Thompson and a copy could be furnished to Mr. Poppet�agen. FRIDL$Y CITY COIINCIL MEETINQ OF FEHRIIARY 26, 1990 PAGE 8 Mr. Herrick, City Attorney, asked if there are any new developments in the purchase of this property. Mr. Poppenhagen stated he should know more this week as they have been waiting for financing. He stated because there was no sewer service, at this time, no one wanted to provide the financing, however, he has approached his bank and should be obtaining a loan. Mr. Herrick stated the ownership of the property is not critical because the special use permit is given to Mr. Poppenhagen as the operator of the business. Mr. Poppenhagen stated if he wished to sell his business, he would like the special use permit to be transferrable. Mr. Herrick stated the procedure would be for a potential buyer to request a transfer and, at that stage, it is reviewed by the Council. He stated a transfer would not automatically occur. Mr. Poppenhagen stated he would feel more comfortable if something could be added to the effect that the special use permit is not transferrable except by approval of the City Council. Councilman Schneider stated he felt this wording could be added to the stipulations. MOTION by Councilman Schneider to grant Special Use Permit, SP #89-08, with the following stipulations: (1) The special use permit shall be limited to Keith's Auto Body, and is not transferable to another tenant without City Council approval; (2) The special use penait shall be reviewed on an annual basis by staff, with a report to the City Council. Should a hearing by the City Council be necessary due to lack of compliance by the petitioner, the item shall be scheduled for City Council consideration as soon as possible; (3) The connection to City sewer shall be completed within four months after provision of the sanitary sewer line to the property; (4) The building code improvements outlined in Darrel Clark's letter of August 30, 1989 shall be completed by January l, 1991; (5) Trailers in front of the building shall be removed by July l, 1990, or a special use permit for exterior storage must be requested and approved prior to July l, 1990; (6) The storage area for the auto body outdoor storage must be screened by a six foot opaque fence in compliance with the City Code within one month of completion of the sanitary sewer connection work on the property; and (7) The parking lot shall be hardsurfaced, striped, lined with concrete curb, and landscaping installed as per the staff recommended plan by January 1, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCZL MEETINa OF F$BRIIARY 26. 1990 PAQE 9 5. VARIANCE RE4UEST V #89-15 FOR KEITH'S AUTO BODY 7570 HIGHWAY 65 N.E.: Ms. Dacy, Planning Coordinator, stated staff is recommending denial of this variance on the basis that the petitioner has the opportunity to place the sign in a position that would not violate the City Sign Code. She stated the Appeals Commission recommended approval by 3 to 1 vote with the following two stipulations: (1) the variance is approved pending approval of the special use permit; and (2) the variance is approved for this sign, and this tenant only. Mr. Poppenhagen stated he felt if the variance is not granted it would reduce his visibility for persons traveling northbound on Highway 65. He also stated it would be better to locate the sign in the area he is proposing because it is not, as yet, blacktopped. Councilman Schneider stated he felt there was no real hardship since the petitioner could meet the code requirements. Mr. Poppenhagen stated if the sign was installed now to meet the code requirements, it would be in the middle of the parking lot. Councilman Schneider stated once the driveway was constructed, it would not be in the middle of the parking lot. MOTION by Councilman Schneider to�deny Variance Request, VAR #89-15, on the basis that there is no hardship indicated. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked if the other businesses on the property wanted exterior signage where it would be located. Ms. Dacy stated only one pylon sign would be permitted. Councilwoffian Jorgensan stated if a pylon sign is located towards Lampert Lumber ancl there were other requests for signs of equal visibility, it would create a problem in the future. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 6. APPROVAL OF RELEASE OF TAX FORFEIT LAND: Mr. Winson, Assistant Public Works Director, stated notice has been received from the County that seven parcels of land in Fridley will become tax forfeit as of September 1, 1990. He stated they have requested a response from the City by March 16, 1990 regarding these parcels. FRIDL$Y CITY COIINCIL ME$TING OF FBBRIIARY 26. 1990 PAGE 10 Mr. Winson stated Parcel No. 48 consists of right-of-way along Highway 65 north of 73rd Avenue. He stated staff is recommending this parcel be transferred to the City as fee property, as it would be useful for the City's Viron Road extension. MOTION by Councilman Schneider to concur with staff's recommendation for Parcel No. 48 to be transferred to the City as fee property. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Winson stated the next four Parcels No. 49, 50, 51, and 52 are condo sites. He stated staff is recommending these parcels be combined and sold for construction of a single unit as defined in the Innsbruck Plat. MOTION by Councilman Schneider to concur with staff's recommendation for Parcels 49 through 52 to combine these parcels and sold for construction of a single unit. Seconded by Councilwoman Jorgenson. Councilman Schneider felt the Townhouse Association should be notified of this action. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Winson stated Parcel 53 is an empty lot on 2nd and 48th Streets. He stated the parcel is not buildable by itself and should be combined with Parcels 13 and 14. MOTION by Councilman Fitzpatrick to notify Anoka County the City has no interest in Parcel 53 and that this parcel is unbuildable by itself. Seconded by Councilman Schneider. Councilman Fitzpatrick asked about the location of dwellings adjacent to this parcel and staff stated there is a home on the property line between Lots 13 and 14. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Winson stated Parcel 54 is an empty parcel on Liberty Street east of Ashton Avenue. He stated the parcel is unbuildable by itself and should be combined with Parcel 10 or 12. Councilman Fitzpatrick questioned the location of dwellings adjacent to this parcel and requested staff to research this information. MOTION by Councilman Fitzpatrick to table action on Parcel 54 for further information from staff. Seconded by Councilman Schneider. FRIDLEY CITY COIINCIL lL$$TINQ OF FBBRIIARY 26. 1990 PAGE 11 Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 14. 1990: A. APPROVAL OF 1990 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL• Ms. Dacy, Planning Coordinator, stated the proposed use of the 1990 Community Development Block Grant funds is to allocate $70,000 for Riverview Heights; $33, 291 for Human Services; and $1, 000 for Anoka County's administrative fee. She stated the anticipated costs to relocate the owners of Parcel 5 is $100,000 to $110,000. She stated in order to make up the difference between the City's allocation and the projected estimate, two communities in the County were found that would trade their 1990 funds. She stated these are Burns Township for $39,400 and Ramsey for $26,000. Ms. Dacy stated there would then be monies available to consummate the purchase in 1990. She stated, however, in 1991, those funds would have to be returned so Parcel 4 could not be purchased until 1992. Ms. Dacy stated another consideration is that CDBG funds may not exist in the future. Councilman Fitzpatrick stated the owners of Parcel 4 are very interested in the City purchasing their property. He stated the owner of Parcel 5 has not made it known if he is interested in selling. Ms. Dacy stated Parcel 4 could be acquired rather than Parcel 5. However, staff was recommending Parcel 5 be purchased first because when the park plat is developed, Parcel 4 is at the corner and would not be near the middle of proposed activities. Councilwoman Jorgenson asked what would happen to the home if the City acquires it. Ms. Dacy stated the ACCAP is interested in relocating the home to another location. Councilman Fitzpatrick asked the status of Parcel 6. Ms. Dacy stated the relocation analysis has been completed and a purchase agreement is ready to be executed for final action by June. Councilwoman Jorgenson asked if there were no CDBG funds next year, what would happen if the City had traded funds. Ms. Dacy stated if there were no CDBG funds, the City would not be held responsible and the funds traded would not have to be repaid. FRIDLEY CITY COIINCIL MEETING OF F88RIIARY 26, 1990 PAGE 12 Councilman Fitzpatrick asked if the Parks and Recreation Commission has made a recommendation as to the acquisition of Parcel 4 or Parcel 5. Ms. Dacy stated, as of this date, the Commission has taken no position on this issue. Ms. Dacy stated the Iverson's want to know the City's ultimate plans and felt they wanted some direction this year, if possible. Councilman Fitzpatrick stated some members of the Council may not have been exposed to the Iverson's problem. Ms. Dacy stated the action for the Council this evening, however, is to approve the allocation of the 1990 Community Development Block Grant funds. MOTION by Councilman Fitzpatrick to approve the following allocations for the 1990 Community Development Block Grant funds: Riverview Heights, $70,000; Human Services, $33,291; and Anoka County administrative fee, $1,000. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Council received the minutes of the Planning Commission meeting of February 14, 1990. 8. APPROVAL OF OFFICE PAPER RECYCLING CONTRACT WITH AAGARD SANITATION• Ms. Dacy, Planning Coordinator, stated when the Super Cycle collapse occurred in May, 1989, the City discontinued its office paper recycling. She stated to begin the office paper recycling program, Aagard Sanitation can provide weekly pickup of a 1-1/2 cubic yard container at $35.00 per month. She stated this is a cost of $23.00 per ton and will be reimbursed by the Anoka County grant. MOTION by Councilman Schneider to authorize the City Manager to execute a contract for service with Aagard Sanitation at a start- up cost of $72.57 in March and $35.00 per month thereafter for a total annual cost of $457.57. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDL$Y CITY COIINCxL MEETINQ OF F88RIIARY 26. 1990 PAGE 13 9. RESOLUTION NO. 17-1990 MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO 1 TO REFLECT INCREASED PROJECT COSTS AND INCREASED GEOGRAPHIC AREA AND MODIFYING THE TAX INCREMENT �INANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 1 THROUGH NO 9 TO REFLECT INCREASED PROJECT COSTS AND INCREASED GEOGRAPHIC AREA WITHIN REDEVELOPMENT PROJECT NO. l: AND ESTABLISHING PROPOSED TAX INCREMENT FINANCING DISTRICT NO 10 AND APPROVING AND ADOPTING THE PROPOSED TAX INCREMENT FINANCING PLAN RELATING THERETO: Mr. Robertson, Community Development Director, stated staff recommends the Council consider adoption of this resolution to establish Tax Increment Financing District No. 10 for Phase III of the Northco plat. He stated an 18,400 square foot building will be constructed resulting in approximately 25 new jobs, and the facility will add over $850,000 of additional market valuation to the City's tax base. Mr. Robertson stated in order to proceed with construction of this building, soil correction is needed and tax increment will assist with the increased costs to correct these conditions. He stated without this assistance, development would not be economically feasible and would not proceed in the near future. Mayor Nee stated there have been several proposals for development of this site, however, when the costs were figured for the soil correction, it was not economically feasible. MOTION by Councilman Billings to adopt Resolution No. 17-1990. Seconded by Councilman Fitzpatrick. Councilwoman Jorgenson stated she understands this will be a short term tax increment financing project and the property will increase in value, with inflation as judged over the previous five years, and will correct itself each year so the school districts and County will be receiving their appropriate share of the increases generated by development of that property. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 18-1990 APPROVING PLAT, P.S. #90-01, NORTHCO BUSINESS PARK 2ND ADDITION: Ms. Dacy, Planning Coordinator, stated this property abuts the University Avenue service road on the west and 73rd Avenue on the north. She stated this lot was one of the original lots of the Northco plat, however, this plat is necessary in order to obtain financing. Ms. Dacy stated the Planning Commission has recommended approval of the plat with five stipulations attached as Exhibit A to the FRIDLEY CITY COIINCIL MESTINQ OF FBBRII!!RY 26, 1990 PAGE 14 resolutian of which she outlined. She stated the Planning Commission stipulation regarding the joint driveway easements was to resolve the setback issue. She stated because the proposed joint driveway is located centered on the proposed lot line and the Building Inspector, City Attorney, and Planning Staff has concurred that the setback, as proposed, meets the spirit and intent of the ordinance, it is recommended this stipulation be eliminated. MOTION by Councilman Billings to adopt Resolution No. 18-1990 with the stipulations attached as Exhibit A. Seconded by Councilman Fitzpatrick. Councilwoman Jorgenson stated with this development and the one to the north, there would be a curb cut on 73rd Avenue. She asked if there would be another curb cut on 73rd Avenue to access the future development on the north portion of Parcel 2. Ms. Dacy stated one driveway cut was to be shared and authorized by the development agreement. She stated in the second phase of this proposal, there could be a curb cut on to 73rd Avenue, but that would preclude Lot 1 from having the driveway. Ms. Dacy stated on the basis of previous plat approval, there is only one driveway cut on Lot 1 or 2 or shared. Councilwoman Jorgenson stated there was only to be one curb cut on 73rd Avenue to be shared by all three of those properties. She stated they are now looking at two, possibly three. Ms. Dacy stated the loop-back was not part of the Northco Business Plat and was owned separately by the Soo Line Railroad. Councilwoman Jorgenson stated in discussions with the neighbors, the Council assured them there would only be one curb cut to insure the residents' access to their properties. Ms. Dacy stated when the development application is received, the City could evaluate whether an access would be appropriate. Councilman Billings stated Councilwoman Jorgenson has raised a very valid point. He stated he would like to table this item to the next meeting and request staff to review the stipulations that were on the original Northco plat and forward them to the Council so that any that are appropriate can be applied on this plat as well. MOTION by Councilman Billings to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Carlson, Executive Vice President for Northco, stated the issue whether the plat would be approved does not seem to relate to the driveway. He stated the one driveway in their plat that is �RIDLEY CITY COIINCIL 1�E$TING OF FSBRIIARY 26, 1990 PAG$ 15 permitted has already been established. He stated if this item is tabled, it would delay construction of the project. Mr. Carlson stated this issue does not relate to the separate development in which they are involved. He stated it is not a full access driveway. Councilman Billings stated he is concerned with the fact that throughout the discussion on the replatting of this particular lot of the Northco development, he has not seen the stipulations on the entire Northco development. He stated he wanted to make sure that the original stipulations that pertain are made part of the stipulations of this plat. Ms. Dacy stated when they evaluated the plat, they did qo through the development agreement. She stated the development agreement has been assigned to the Robert Larsen Partnership and the responsibilities assigned to the new property owners. She stated the development agreement requires that subsequent purchasers have to abide by the stipulations. Councilwoman Jorgenson asked if there was a time constraint for beginning construction. Mr. Doran, representing Robert Larsen Partnership, stated he needed to start construction shortly. Councilwoman Jorgenson stated the Council will be meeting on March 7 and asked if the item could be brought to the Council at that time. Mr. Doran stated he felt from research of the development agreement, it states there is only to be one curb cut from those two lots on 73rd Avenue. He stated they have complied with this requirement. He stated in the course of the land sale, there is an easement provision that provides for common access and use for that curb cut, as well as to the curb cut on the south. He stated he would propose, in lieu of coming back to the Council, to allow staff to review this matter to make sure the plat conforms to the development agreement. Councilwoman Jorgenson stated she is only looking at one curb cut on 73rd Avenue whether it be with the Northco property or Soo Line property. Mr. Robertson stated the loop-back was not part of that plat. Councilwoman Jorgenson stated with the short stacking space, the timing of the stoplight, and the close access to the adjacent residential area, she felt there would be a major problem going east and west. She stated she is concerned about two driveways that close to the intersection. FRIDLEY CITY COIINCIL MEETINa OF F$BRIIARY 26, 1990 PAQ$ 16 Mr. Robertson stated as he understands, there is a difference in the congestion when you have a right in and right out and a full movement driveway. Mr. Winson, Assistant Public Works Director, stated that is generally true and with improvements on 73rd Avenue, there probabZy will be additional median work. Mr. Doran stated as part of the Planning Commission's recommendati.on for approval, there was a stipulation for a joint driveway easement. Mr. Carlson stated he would have no objection if the Council reaffirms that there would be only one driveway. He stated there is no change whatsoever in the manner Larsen Partners are developing this parcel from the way it was originally presented to the Council. He stated there would be only one driveway access between the frontage road and the Carter Day entrance. Mr. Carlson stated it is contained in the development agreement and he did not believe it could be changed without coming before the Council. MOTION by Councilman Billings to reconsider this item and remove it from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to adopt Resolution No. 18-1990 with the following stipulations, attached as Exhibit A: (1) Storm water calculations shall be submitted prior to issuance of a building permit; (2) Joint driveway easements shall be filed against both parcels prior to issuance of a building permit; (3) A separate ponding easement(s) shall be dedicated by separate document prior to the issuance of a building permit; (4) The landscaping plan shall be revised to include additional screening at the southwest corner of the site. The revised site plan shall be reviewed and approved by staff prior to issuance of a building permit; and (5) Payment of park dedication fees prior to issuance of a building permit. Seconded by Councilwoman Jorgenson. MOTION by Councilman Billings to amend the stipulations by adding Stipulation No. 6 to read as follows: "Any driveway access to 73rd Avenue shall be a joint driveway between Lot 2, Block 2 of the 2nd Addition and Lot 1, Block 1, of the Northco Business Park plat. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF F$BRIIARY 26, 1990 PAGE 17 11. RESOLUTION NO 19-1990 ORDERING THE IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS• STREET IMPROVEMENT PROJECT NO ST 1990 - 1(OVERLAY): Mr. Winson, Assistant Public Works Director, stated this resolution orders the improvement, approval of plans, and authorizes advertisement for bids for this overlay project to include placement of the final asphalt on several City streets. He stated funds are available in the City's Street Maintenance Account. MOTION by Councilman Schneider to adopt Resolution No. 19-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO 20-1990 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: REET IMPROVEMENT PROJECT NO. ST 1990 - 10 lSEALCOAT): Mr. Winson, Assistant Public Works Director, stated this resolution orders the improvement, approval of plans, and authorizes advertisement for bids for the City's sealcoat project. He stated funds are available in the City's 1990 Street Capital Improvement Fund. MOTION by Councilman Fitzpatrick to adopt Resolution No. 20-1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO 21-1990 ORDERING ADVERTISEMENT FOR BIDS: REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK - 1990: Mr. Winson, Assistant Public Works Director, stated this resolution orders the improvement, approval of plans, and advertisement for bids for miscellaneous concrete curb, gutter, and sidewalk repair for 1990. MOTION by Councilman Schneider to adopt Resolution No. 21-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. �tESOLUTION NO 22-1990 ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR THE REPAIR AND MAINTENANCE OF PHASE II OF THE 3 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 200: MOTION by Councilwoman Jorgenson to adopt Resolution No. 22-1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLSY CITY CODNCIL MEETINa OF F$BRIIARY 26. 1990 PAGE 18 15. RESOLUTION NO 23-1990 TO ADVERTISE FOR BIDS FOR ONE (1) 1250 GPM PUMPER1AERIAL TOWER: Mr. Larson, Deputy Fire Chief, stated this pumper will replace a 1964 pumper that cannot be refurbished or brought into compliance with current OSHA requirements. He stated the OSHA requirements do not permit firefighters to ride on the outside of the apparatus. Mr. Larson stated the purchase of this unit is in keeping with the Department's equipment planning that provides a reasonable time span between purchases of major pieces of apparatus. MOTION by Councilman Schneider to adopt Resolution No. 23-1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. YEAR END ADJUSTMENT. GRANT NO. 8025: This item was deleted from the agenda. 17. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 30762 through 30946. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. LICENSES• MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTIMATES• MOTION by Councilman Schneider to submitted: JMG Contracting 5141 Abbott Avenue South Minneapolis, MN 55410 Phase I- 3 MG Concrete Repair Project No. (Contractor) AMENDED FINAL ESTIMATE . Reservoir 192 approve the estimates as . . . . . . . . . . $ 1, 000. 00 FRIDLEY CITY COIINCIL 1I8ETIHG O� �BBRQl1RY 26 1990 PAGE 19 AEC Engineers & Desiqners 511 - llth Avenue South Minneapolis, I+IId 55415 Phase I- 3 MG Concrete Reservoir Repair Project No. 192 (Inspection Services) Partial Estimate . . . . . . . . . . . . . . $ HNTB 6700 France Avenue South Suite 260 Minneapolis, l�I 55435 55.00 Design of 1.5 MG Elevated Reservoir at Locke Park, Project No. 196 Partial Estimate . . . . . . . . . . . . . . $15,600.00 Twin City Testing 662 Cromwell Avenue St . Paul , I�1 55114 Soil Borings for the 1.5 MG Elevated Reservoir at Locke Park, Project No. 196 Estimate No. 1 . . . . . . . . . . . . . . . $ 4,684.23 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of February 26, 1990 adjourned at 9:31 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: William J. Nee Mayor T8B MINOT88 OF T88 8P8CIllL a'RIDLBY CITY COtJ�iCIL 1i88'1'I�tG O!' ItA�CB 7, 1990 ��. ;;;.. � Y : .3 - _ . ..; . . . , : ,: � _ �} { _ � y; � �. � � ,, �' � <•�� '` ,�`"..� '� �, , � � - vf �'`' „ . ,. : ,. �r� . _ .. -� -�:� ., THE MINIITES OF THB SPECIAL MEETING OF THE FRIDLSY CITY COUNCIL OF MARCH ?, 1990 The Special Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Billings and Councilman Fitzpatrick (arrived at 7:47 p.m.) MEMBERS ABSENT: None The purpose of this meeting was to receive the bids and award the sale of general obligation refunding bonds. Mr. Burns, City Manager, stated recent tax increment financing amendments passed by the Legislature have caused a review by the City of tax increment bonds. He stated the impact of these amendments is that no tax increment financing from pre-1979 districts could be used after the year 2001 unless it is needed to pay debt service on bonds issued before April l, 1990. Mr. Burns stated in order to accomplish the City's redevelopment objectives, and comply with the law, it was decided the City should refinance the existing debt. He stated that on February 12, 1990 the Council adopted a resolution to proceed with the sale of tax increment refunding bonds. Mr. Burns stated the purpose of this meeting is to award the sale of these bonds. He stated information before the Council includes a resolution accepting the bid for the sale of these bonds; a bond facsimile; a copy of the Tax Increment Pledge Agreement that will be considered at the Housing & Redevelopment Authority's meeting on March 8, 1990; the City Clerk's certificate attesting to the authenticity and completeness of the minutes of this meeting; a proposed escrow agreement between the City and First Trust, its proposed escrow agent; and five exhibits that are to be used by the escrow agent in the disposal of bond proceeds. Mr. Burns stated there is a change in the amount of the bonds from $9,445,000 to $9,485,000 which Mr. Casserly will address. He stated Mr. O'Meara will also present information regarding Section 26 of House File No. 2209. Mr. Casserly, Miller & Schroder Financial, Inc., stated the bid for the sale of these bonds was opened at 11 a.m. today. He stated the following bids were received: FRIDLEY CITY COUNCIL MEETING OF MARC$ 7, 1990_ PAGE 2 Bidder Norwest Investment Services, Inc. Allison Williams Company FBS Investment Services, Inc. Merrill Lynch Capital Markets Piper, Jaffray & Hopwood, Inc. American National Bank of St. Paul Cronin & Company, Inc. Robert W. Baird & Company, Inc. Dougherty, Dawkins, Strand & Yost, Inc. John G. Kinnard & Company, Inc. Marquette Bank Minneapolis, N.A. Shearson Lehman Hutton, Inc. Prudential-Bache Capital Dean Witter Reynolds, Inc. Tucker, Anthony & R.L. Day, Inc. Dain Bosworth, Incorporated Edward D. Jones and Co. Miller, Johnson & Kuehn, Inc. Smith Barney, Harris Upham & Co. The Northern Trust Company Park Investment Corporation Blunt, Ellis & Loewi, Inc. Clayton Brown & Associates, Inc. Griffin, Kubik, Stephens and Thompson, Inc. Net Interest Cost 6.9587$ ($10,397,401.73) 6.9850� ($10,436,681.53) 6.991012$ ($10,445,650.42) 7.0218� ($10,491,713.00) MOTION by Councilman Schneider to receive the above bids. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Casserly stated the difference in interest rates of the top three bidders is within .04 percent. He stated the bond buyer has an index of rated bonds and their index was 7.25�, and the coupon rate on these bonds is 6.86�. He stated this all suggests that this is a very high quality bond rated AA. Mr. Casserly stated these bonds are about a half of a percent under the rate of the bonds which will be replaced. Mr. Casserly stated the par amount of the bonds is $9,485,000 with accrued interest from March 1, 1990 to March 28, 1990 of $48,684.75. He outlined the total uses as follows: underwriter's discount, $139,195.4I; costs of issuance, $76,888.57; deposit to, debt service fund, $48,684.75; and deposit to escrow fund,j $9,268,916.02. i FRIDL$Y CITY COIINCIL ME$TING OF M1�iRCH 7. 1990 PAGB 3 Mr. Casserly presented the debt service schedule of these bonds. He stated the average coupon is 6.86� and net interest cost is 6.95$. At this time, 7:4� p.m., Councilman Fitzpatrick arrived at the meeting. Mr. Casserly presented the debt service comparison schedule. He stated the net present value would be about $24,000-$25,000. Mr. Casserly stated the bids were close and under the national average, which is usually the case in Minnesota. Mr. O'Meara, Briggs and Morgan Law Offices, stated House File No. 2209 is a bill containing proposed tax increment amendments. He stated it seems the bill takes a dim view of tax increment financing and that local officials are not capable of making intelligent or responsible decisions. He stated the bill is also somewhat punitive in areas. Mr. O'Meara stated when the original tax increment law was passed, the termination date for pre-1979 tax increment districts was 2009. He stated two years ago, the Legislature made a change and the tax increment districts were to terminate in the year 2001, the exception being if increment was needed to pay for bonds which were issued on or before April 1, 1990. He stated the bonds the Council is considering utilizes this provision. Mr. O'Meara stated language contained in House File No. 2209 states the bonds would have to be outstanding on March 1, 1990 and, essentially, moves back the effective date. He stated the City has tax increment districts and can continue to take the tax increment, but increment from bonds issued between March 1, 1990 and April 1, 1990 has to be used to pay for older bond issues. He stated current debt service cannot be paid, but the City must bankroll the funds to pay for debt service by the year 2001. He stated excess increment could not be used for current project costs and, in effect, nothing goes beyond the year 2001. Mayor Nee asked how this impacts the City's redevelopment plans. Mr. Casserly stated the City probably would not be affected until after the year 2001, but was not sure how much of an impact it would mean for Fridley. Mr. O'Meara stated there would be some adverse effect on the total benefit, but he did not feel it would be a total renunciation. Mr. Casserly stated hearings are now being conducted on this proposed bill. He felt there would be a tax increment bill, however, it would probably not be anything like the one proposed as it was an absolutely vicious bill. He stated the bill FRIDLEY CITY COIINCIL MEBTINQ OF MARCH 7. 1990 PAGE 4 eliminates all types of projects and destroys the City's ability to proceed with projects. He stated it would eliminate projects like Northco, which the City recently approved. Mr. Casserly stated it is a punitive measure as it impacts the existing districts based on their duration. He stated it is the pre-1979 districts where there is a concern and Center City is the only such district in Fridley. He stated the bill goes against normal procedures to be accomplished in a redevelopment district. Mr. Burns stated he understands the bill would eliminate land writedowns. Mr. o'Meara stated Mr. Burns is correct and property would have to be sold at fair market value. Mr. Casserly stated the City of Minneapolis is in the process of calculating how this bill wou2d affect their tax increment districts. He stated he would like to compare this information with Fridley's tax increment districts. He stated if he can obtain this information, he would share it with the Council. Councilman Schneider stated he spoke with Senator Frank and Representative Simoneau regarding tax increment districts. He stated Representative Simoneau stated they would not hurt the little guys. He stated, however, he did not really know if Representative Simoneau truly understands the impact on cities. RESOLUTION NO 24-1990 ACCEPTING BID ON SALE OF APPROXIMATELY S9 485 000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS OF 1990 AND PROVIDING FOR THEIR ISSUANCE: MOTION by Councilman Schneider to adopt Resolution No. 24-1990, accepting the low bid from Norwest Investment Services, Inc. for the sale of these bonds at a net interest cost of 6.9587�. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Special Meeting of the Fridley City Council of March 7, 1990 adjourned at 8:03 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: MEMORANDUM � cie� •� fri�i•y WYliam C. Hunt _� •1�1 Y�I��r�ity At���• N.E. F� � e �• r. ��� A� • o�• s � a s: Assistant to the City Mena9er 'Aon• (�12)671-��i0 MBMO TO: IiZLLIAM W. BIIRNB, CITY 1+iANAGER :�� L�, - FROM: WILLIAM C. BQNT, 7i1B8I8TANT TO THE CITY MANAGER ,�'/� ✓ SIIBJECT: AMENDMENTB TO CHARTER BECTIONB 7.04, 7.05, 7.07, AND 7.09 DATE: FEBRIIARY 7� 1990 At its meeting of January 29 the Fridley Charter Commission voted to recommend certain amendments to Chapter 7 of the Fridley City Charter which relate to budget schedules and to the matter of passing the budget. The Charter Commission is recommending that in light of recent changes in State Law the budget be adopted by resolution rather than by ordinance. These changes are indicated in the attached ordinance. Also attached is a January 19, 1990 memo from Sharon Fetting to me outlining the rationale behind the proposed changes. The only difference is that in Section 7.04 the Charter Commission chose to retain language about publication even though they agreed to change the consideration of the budget from the first to the last regular monthly meeting in August. At its January 29 meeting the Charter Commission also voted to expedite this matter to the Council for consideration prior to the approval of the January 29 minutes at the February 26, 1990 meeting of the Charter Commission. Accordingly, I request that you present this ordinance to the Council at its meeting of February 12, 1990 with the request to set a public hearing on the proposed changes on the Charter for March 12, 1990. WCH/jb cc: Fridley Charter Commission � 1A ORDINANCE NO. AN ORDINANCB l�MENDING BECTIONB ?.04, T.05� 7.07, l�ND 7.09 OF THE FRIDLEY CITY CHA1tT$R The City Council of the City of Fridley does hereby ordain as f�llows: That the following sections of the Fridley City Charter be amended as follows: Section 7.04. PREPARATION OF ANNUAL BUDGET. 1. The City Manager shall prepare the estimates for the annual budget which shall include any estimated deficit for the current year. The estimates of expenditures shall be submitted by each department to the City Manager. Each estimate shall be divided into three (3) major subdivisions as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay. Salary detail shall show a list of all salaried officers and positions with salary allowance and number of persons holding each. Wages shall be broken down in sufficient detail to justify the request. Ordinary expenses shall be broken down into such detail as the City Manager shall direct. Capital Outlay shall be itemized as to items and amounts. (Ref. Ord. 625) 2. In parallel columns shall be added the amounts expended under similar headings for the two (2) preceding fiscal years, and, as far as practicable, the amounts expended and estimated for expenditure during the current year. In addition to estimates of expenditures, the City Manager shall prepare a detailed statement of revenues collected for the two (2) preceding completed fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted to the Council at its €�st last regular monthly meeting in August and shall be published twice in summary in the official publication prior to �e T��7��c} �^°��~~ November 15. (Ref. Ord. 625) Section 7.05. PASSAGE OF THE BUDGET. The budget shall be �e a principal item of business at the €�s.� last regular monthly meeting of the Council in August, and the Council shall hold subsequent meetings from time to time until all the estimates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable amount of time in which to be heard, and an opportunity to ask questions. The budget estimates shall be read in full and the City Manager shall explain the various items thereof as fully as may be deemed necessary by the Council. The annual budget finally agreed upon shall set forth in such detail as may be determined by the City Council, the complete financial plan of the City for the ensuing fiscal year, and shall be signed by the majority of the Council upon being adopted. It shall indicate the sums to be raised and from what sources, and the sums to be spent and for what purposes, according to the plan indicated in Section 7.04. The total sum appropriated shall• not exceed the total estimated revenue. The Council shall adopt the budget ����g ��e-�Rn�� e€ �e�e�e� �az ■1�: bv resolution in accordance with State Law. The resolution shall set forth the total of the budget and the totals of the major divisions of the budget, according to the plan indicated in Section 7.04. The budget e�d�-��se resolution as adopted shall be published in the official publication. (Ref. Ord. 625) Section 7.07. ALTERATIONS IN THE BUDGET. -. After the budget shall have been duly adopted, the Council shall not have power to increase the amounts therein fixed, whether by the insertion of new items or otherwise, beyond the estimated revenues, unless the actual receipts shall exceed such estimates, and in that event, not beyond such actual receipts. The sums fixed in the budget shall be and become appropriated at the beginning of the fiscal year for the several purposes named therein, and no other. The Council may at any time, by resolution passed by a vote of at least four (4) members of the Council, reduce salaries or the sums appropriated for any purpose by the budget, or by vote of at least four (4) members of the Council authorize the transfer of sums from the unexpended balances of the budget to other purposes. Section 7.09. LEVY AND COLLECTION OF TAXES. 6���� �e€a�e t�e-�� �°��- _-� _•°�^'� � e^a� �•�� In accordance with Minnesota State Law, the Council shall levy by resolution the taxes necessary to meet the requirements of the budget for the ensuing fiscal year. The City Clerk shall transmit to the county auditor annually, not later than the �^*�� date required by Minnesota Law, a statement of all the taxes levied, and such taxes shall be collected and the payment thereof be enforced with and in like manner as state and county taxes. No tax shall be invalid by reason of any informality in the manner of levying the same, nor because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in that case the surplus shall go into a suspense fund, and shall be used to reduce the levy for the ensuing year. (Ref. Ord. 625) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: March 12, 1990 First Reading: Second Reading: Publication: 1C T0: s�ox: czr�r os s�DLaY YE�[Oit71�DD1[ RILLZAI[ C. aQfiT, �88Z8T71�iT TO T8E CITY ��10ER i8l1RO�T lETTI�IG, BTAIrl� �CC0011R'71Z1T ��" BQHJECT: Civ1PTER dEVE1�I O! TSE CITY CS�IRTER Dl1TB : J11N�ARY 19 , 3! 9 0 As you are aware, trith the passaqe of the property tax bills in 1988 and durinq the special legislative session last year, certain sections of Chapter Seven of the City Charter have been rendered outdated. I have prepared some �uqgested changes for these sections. I would like to review the specific sections with you which should be changed to be in conformance with Minnesota State Law. Section 7.04, Subdivision 2 requires the budqet estimates to be "submitted to the Council at its first reqular monthly meeting in Auqust". I believe this was required to ensure there was enough time for the public to review the budqet prior to it's adoption in October. Because State Law now requires that the budget be adopted in November or December, and, we will not be notified of our levy limit until I►uqust l, the presentation of the budget at the first meeting in August seems to be premature. I have chanqed this to read the "last reqular monthly meeting fn 1►ugust" . This will allow for presentation of the budget prior to the "proposed tax levy" being certified by September 1, as now required by I+IId Statutes, Chapter 275.065, subdivision 1. Section 7.04 also rec;uires that prior to the Auqust meeting. ] the fact all taxpayers will no� property taxes. This should be the property tax notices, we resolution and a summary budget State Law. the budqet be published in 6ummary have deleted this section due to � receive notice of the proposed adequate notification. Along with publish both the final budget statement as required by Minnesota Section 7.05 also refers to having the budqet "be the principal item of business at the first meetinq of the Council in l�uqust." I chanqed this to also read the last meeting in August. Minnesota Statutes, Chapter 275.065, subdivision 6 now requires us to hold a public hearing between November 15 and December 20 to adopt our budqet. The law states we must adopt a final budget and property tax levy at the public hearing and that the final property tax levy shall be adopted prior to passaqe of the budget. These new requirements conflict with Section 7.05 of the Charter which requir�s us to adopt a budget in October by ordinance. As you are aware, passage of an ordinance r�quires two readings at separate a�eetinqs. I believe in order to aeet this requirement, ve will have to pass our Dudget with a r��olution rather than an ordinance. I have cAanqed thie section to read �adopt the budqet by r�solution." Other cities sucb as Robbinsdale, Coon Rapids, Blaine, and Brooklyn C�nter approve their budget6 by resolution. - Section 7.07 also has been chanqed to refer to alterations in the budqet beinq passed by a resolution rather than an ordinance. Section 7.09 requires the Council to levy by resolution a property tax levy by November 5 of each year and to transmit this to the County �uditor by November 10. I have changed these �entences to read "in accordance with lriinnesota State Law". The above is an overview of the attached sections of Chapter Seven and their conflict with Kinnesota Statutes. Z would appreciate it if you would review them with the Charter Commission. I would be happy to answer any questions or provide any other information that may be helpful. cc: william w. Burns, City Hanaqer Richard D. Pribyl, Finance Director 1D � � unroF F� �� C011/tMUNI"['Y DEVELOPMENT DEPARTMENT M EMO RAN D UM DATE: March 8, 1990 � �� � To: William Burns, City Manager�;�'" , FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #89-19, Front and Side Yard Setback Requests by Orville and Jeannine Sachs Background The City Council tabled action on the variance request at 1281 Hathaway Lane N.E. in order for the petitioners to submit a proposal to use a portion of outlot C for a garage. On September 26, 1989, Mr. and Mrs. Sachs submitted a letter and garage expansion plan which would require approximately 40 feet of Outlot C. Under this scenario, the Sachs' would then convert the present garage into living space for the home. Since that time, the Sachs' have decided not to pursue this plan since they would incur additional land acquisition expenses for the expansion onto Outlot C. Therefore, they have requested that the City Council act on their variance requests in the front and side yard setbacks. Analvsis Attached is the updated staff report for the three variance requests which are: 1. 2. To reduce the front yard setbck from 35 feet to 9.2 feet. To reduce the side yard setback from 5 feet to 1 foot. 3. To reduce the side yard setback from 10 feet to 9.1 feet, to permit an existing encroachment for the living area for the house. Appeals Commission Recommendation The Appeals Commission on September 5, 1989 recommended denial of the first two variance requests and approval of the third variance request for the existing encroachment. 2 Sachs' Variance Request March 8, 1990 Page 2 �itv Council Recommendation Staff recommends that the City Council approve the variance to reduce the side yard setback from 10 feet to 9.1 feet. Another alternative does exist for the Sachs' to pursue, which is expansion of the existing garage as part of a two car garage. This would only necessitate using approximately ten feet of Outlot C. However, the Sachs' have stated that expanding on the existinq garage would require them to realign the roof of the existing garage, and they would incur additional expense. Despite the existence of this option, the Sachs' have requested that the City Council take action on the original variance requests. They have also submitted a site plan which locates the driveway to the west side of the proposed garage expansion rather than directly in front of it. This would allow additional area for landscaping in front of the garage. Staff recommends that the City Council uphold the Appeals Commission's recommendation based on the following findings: 1. Another alternative exists to expand the garage to the east without the necessity of a front or side yard variance. 2. Expansion of the proposed garage into the front yard setback poses a significant intrusion into the setback, which is reserved to allow for off-street parking areas, preserve open space, and permit adequate site lines. Should the City Council approve the variance reguest, the following stipulations are recommended: 1. Approval of the vacation request, to vacate the existing six foot drainage and utility easement along the east lot line. 2. A grading and drainage plan be sulimitted for approval by City staff. 3. The addition shall be architecturally compatible with the existing house. 4. The driveway shall be located on the west side of the proposed expansion so that landscaping can be installed along the front of the expanded garage, and to allow for cars parked outside of the building to be parked on the property and not into the right-of-way. BD/dn M-90-166 r�� 2B - � STAFF REPORT A�/�.S DATE : September 5, 1989 CITY OF PLAM�VG COM��ISSION DATE F(Zt DLEY CIl'Y OOI�VCIL DATE September 18 , 19 89 �� �/ dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENStTY PRESENT ZONING ADJACENT LAND USES �i Z�i� ��$ PARK DEDICATION ANALYSIS FNVANC{AL �IIPLICATIONS CONFORMANCE TO COMF�E�NE PLAN t',OMPATBILtTY WITH ADJACENT USES 8� ZONNG ENV�ONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNNG COMMISSION RECOIVMMENDATION VAR 4�89-19 Orville Sachs See public hearing notice 1281 Hathaway Lane I3 .E . Proposed garage addition - 24' x 24' N/A R-I, Single Family Dwelling R-1 to the north, west and south; vacant lot to the east zoned R-1 N/A N/A NJA Yes Yes N/A Denial Denial Staff Report VAR #89-19, Orville Sachs Page 2 A. PUBLIC PURPOSES SERVED BY REQUIREMENT: � Section 205.07.03.D.(1) requires a 35 foot front yard setback. Public purpose served by this requirement is to preserve open space, allow adequate sight lines and to allow for off-street parking areas. Section 205.07.03.D.(2).(a) requires a 10 foot side yard setback for a living space from the side property line. Public purpose served by this requirement is to ensure that an overcrowded condition does not exist and to preserve access to the rear yard for emergency vehicles. Section 205.07.03.B.(2).(b) requires a 5 foot side yard setback for an attached accessory use to the side property line. Public purpose served by this requirement is to ensure adequate separation between structures to prevent fire spreading and to provide adequate space to allow emergency equipment to have access to the rear yard. B. STATED HARDSHIP: "We purchased this house in 1988. Our house is six feet from the property line and has only a single garage. Our realtor told us it was 12 feet. We cannot expand enough on our present garage to make a double garage." C. ADMINISTRATIVE STAFF REVIEW: Request Mr. Orville Sachs is requesting three variances which would allow him to construct a 24' x 24' attached garage in the front yard on Lot 8, Block 1, Parkview Oaks First Addition, the same being 1281 Hathaway Lane N.E. Site The site is a single family lot at the end of Hathaway Lane, which is a dead-end street. The site has a somewhat rolling topography with a steep driveway and to the east of the site is a vacant lot that is currently owned by the City. The petitioner is proposing to excavate the slope in front of the existing garage to allow for the construction of the proposed garage. 2D Staff Report VAR #89-19, Orville Sachs Page 3 Analysis The proposed garage would allow for storage of several family owned cars and would allow the Sachs' to renovate the existing garage and turn it into additional living space. As proposed, the garage would encroach into a 6 foot drainage and utility easement. The Sachs' have applied to vacate this drainage and utility easement. The proposed garage would also encroach into the front yard in such a way that there would not be adequate room for off-street parking for additional cars. The petitioner has three alternatives to the proposed addition. The petitioner could expand to the rear of the house, using the existing garage as a drive-through. However, the dining room and kitchen for the house is located directly behind the existing garage, and would have to be relocated. As was stated earlier, the City owns the vacant Outlot C to the east of this property. This lot measures approximately 7,993 square feet. The Sachs' do have the option, if the City declares this lot excess property, of bidding for and potentially buying this vacant lot. Combined with their lot, this would give them approximately an additional 40 feet in which to expand their existing garage. However, the excess property process (about two months) should occur first. The Sachs' would still have to vacate the existing drainage and utility easement, and reconvey it farther east to accommodate the electric, telephone and cable lines that currently run along the east property line. The Sachs' would also have to relocate these same utility lines to fall within the newly conveyed easement. Their third alternative would be to construct a detached garage in the northwest corner of their lot and move the driveway to the western property line. This would allow space for an adequate size two or three car garage for the Sachs' to store their vehicles and additional tools, equipment, etc. and would allow them to use their existing garage as living space. However, due to excessive slopes and mature trees, staff has determined this is not a viable alternative. The living space (dining room) of the existing house currently is 9.1 feet from the property line. Staff recommends that the Appeals Commission grant the variance to the side yard setback from 10 feet to 9.1 feet to bring the property into compliance. However, staff recommends that the petitioner pursue the excess property process in order to avoid constructing the garage in the front yard. Approving the variance would allow the front of the garage to be 9.2 feet from the front lot line. Area for off-strest Staff Report VAR #89-19, Orville Sachs Page 4 (outside of the vehicles in the qarage) parking would be eliminated. Construction of a garage 25 feet into the front yard setback is a significant encroachment which may establish a precedent in other cases. The petitioner has the advantage of being located at the end of the street; however, given that other alternatives exist, staff recommends further exploration of the excess property option prior to final decision by the Appeals Commission. We understand that the petitioner wants the Appeals Commission to decide on this matter as they feel it is the most cost effective alternative and less time consuming. Further, although expanding to the rear may be more expensive (relocating the dining room), it still remains as an option for the Appeals Commission and City Council to consider. Recommendation Staff recommends the Appeals Commission deny the variance request for the front yard setback from 35 feet to 9 feet and reduction of the side yard from 5 feet to 1 foot. Staff recommends that the Appeals Commission approve the variance from 10 feet to 9.1 feet for living space to the side lot line which would bring the house in compliance with the Code. If the Appeals Commission chooses to approve the variance as proposed for the attached garage, the following stipulations should be required: 1. 2. 3. Approval of the variances pending approval of the vacation of the drainage and utility easement. A grading and drainage plan be submitted for approval by City staff. The addition shall be architecturally compatible with the existing house. Appeals Commission Action The Appeals Commission voted unanimously to approve the variance request to reduce the side yard setback from 10 feet to 9.1 feet. The Commission voted unanimously to deny the variance requests: 1. 2. To reduce the front yard setback from 35 feet to 9.2 feet; To reduce the side yard setback from 5 feet to 1 foot. 2E 2F Staff Report VAR #$9-19, Orville Sachs Page 5 Staff Update Mr. and Mrs. Sachs have also submitted an alternative site plan (see site plan "B") which would change the access to the garage from the south to the west. The garage would still be in the same location and require the same variances. However, this would allow landscaping to be placed along the south side of the garage instead of asphalt. The petitioners created their alternative to respond to the homeowner's concern of visual impact from across the street. City Council Recommendation Staff recommends that the City Council approve the variance to reduce the side yard setback from 10 feet to 9.1 feet. Another alternative does exist for the Sachs' to pursue, which is expansion of the existing garage as part of a two car garage. This would only necessitate using approximately ten feet of Outlot C. However, the Sachs' have stated that expanding on the existing garage would require them to realign the roof of the existing garage, and they would incur additional expense. Despite the existence of this option, the Sachs' have requested that the City Council take action on the original variance requests. They have also submitted a site plan which locates the driveway to the west side of the proposed garage expansion rather than directly in front of it. This would allow additional area for landscaping in front of the garage. Staff recommends that the City Council uphold the Appeals Commission's recommendation based on the following findings: 1. Another alternative exists to expand the garage to the east without the necessity of a front or side yard variance. 2. Expansion of the proposed garage into the front yard setback poses a significant intrusion into the setback, which is reserved to allow for off-street parking areas, preserve open space, and penait adequate site lines. Should the City Council approve the variance request, the following stipulations are recommended: 1. Approval of the vacation request, to vacate the existing six foot drainage and utility easement along the east lot line. 2. A grading and drainage plan be submitted for approval by City staf f . 2G Staff Report VAR #89-19, Orville Sachs Page 6 3. The addition shall be architecturally compatible with the existing house. � 4. 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PIAT DRAWING (T///S /S NOT A SURVEYJ STfiEET A�DRESS: �� O J �A7�,A �� L N ' L -- � -.��- - '____-_. . LEGAL DESCRIPTION: _` vT � �3�V(k _1. .�K U� QAK�Rh �_%�c�d �T �/v � At � � .�� If �IV ��n ,r J'C qLi �� ��� �U.i - I , -� � � . ; , �` � � ��� 1,'� x ,�r4 '„ � � � , Q . . � � � �� �� � � 0 r 1� ' r SP�tt iSir4tf L � �t � ; �'Rnp� � i�- � � M ��•�°� � . �A rtul� t � C� N q � � � � _ � v �O . - -��� :i� %� �'lL .. _ . . __ _ I :i � 2L 1281 Hathaway Lane N.E. Fridley, Minnesota 55432 September 26, 1989 Ms. Barbara Dacy Planning Coordinator City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Barbara: Enclosed is our proposed plan for the extension of our garage unto a portion of the Outlot C which we would need to purchase. In our original plans for a double garage, we reserved the use of the present single garage as living space. We would like to keep this option. However, instead of adding a 24' x 24' garage unto the outlot, we would like to add a 36' x 26' three bay garage, since most of the expenses of purchasing this additional land would be the same, i.e., moving the utility lines, surveying costs, legal fees, etc. We do not want to purchase the frontage along Matterhorn Drive. We do not want to purchase any of the wooded area. This land would be best suited as a screen between our property and the neighbors along Matterhorn. Our thinking is that we would need a maximum of 36' from our present lot line. This would bring our lot line up to the western edge of the wooded area. This would give us a six foot utility easement. These plans will depend on the costs involved in purchasing this property. We will develop further working plans with our contractor when we feel Orville's health permits. At this time we know the approximate size and location of the garage. Also, the location of the driveway would be to the south (front) or our property. Thank you for your help to us in this endeavor. Sincerely yours,—� n � G�tJ�.c� eannine R. Sachs Orville L. Sachs Enclosure: 1 ��0 �,� �1ti�C . � �. Vi� ]an Gr Da .�f� �� � � ��. 2M ,.. � � � � q �� � � ._ pc,�rw � v �—� _��. �yY�t _ P�--� - � � a � _ ' M u � � � ; , � .% �� b i `'J � �� � � � � � � _ . __ �-�? 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Q �� o �� � � J � � � i i� � � j � W '_' q .� ^ � '� t r� �� � J r T � � � � � U � � O � :1 U � � J 1� :' 3f �i D� J . � � v pp �' ; i �� � J � � N v a � � V U � � � 0 .� .i � t� { ;� � � � `!�- � � 2P , %r � f� , `�, • 1 ' i�A. .� � . . � ' , � i % / I I ' � . � %� � � -�� J zQ , � � - �, I(1 %,/ i, , ��/ �' �. � ��/ i� � •� • �,, �� � ��,,�� ,, . ,� ♦ � ��' �� .� / � //, , � i • � � � ' I �' � a• // /�' ' ' � � I � i' -, - . �'� / � �' .� i� v ��� .-�--c�0 , .� i�, -� - % c > � � G'��� �Z � � � ) h� f �3 Z s�� ��� 2R CITY OF litIDLBY 11PPEALB COlQtIBBZOZI l[EETI�iG, BEPTEldBER 5, 1989 ----------------------------------------------------------------- CALL TO ORDER• Chairperson Barna called the September 5, 1989, Appeals Commission �eeting to order at 7:45 p.m. �OLL CALL• Members Present: Alex Barna, Diane Savage, Larry Kuechle Members Absent: Renneth Vos, Jerry Sherek Others Present: Barbara Dacy, Planning Coordinator O�rville and Jeannine Sachs, 1281 Hathaway Lane James and Beverly Wolfe, 1265 Hathaway Lane Bill and Janice Drigans, 1280 Hathaway Lane Kenneth Murphy, Fridley Alano Society Ben Ewers, 5680 Matterhorn Drive (See attached roster for names of people who appeared for variance request, VAR #89- 18 by Wayne Dahl) A�PROVAL OF AUGUST 22 1989 APPEAIS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms. Savage, to approve the August 22, 1989, Appeals Commission minutes as written. IIPON A VOICE VOTE, 11LL VOTZNG 11YE, CSAZRPERBON HlrRNA DECL�RED THE l�tOTION CARRIED IINANIMODSLY. Mr. Barna stated that item �1, VAR �89-18, by Wayne Dahl, would be moved to the end of the aqenda. 1. SONSIDERATION OF A VARIANCE VAR l89-19 BY ORVZLLE AND JEANZNE �ACHS: l. Pursuant tc Section 205.07.03.D.(1) of the Fridley City Code to reduce the required front yard setback from 35 feet to 12 feet; 2. Pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code to reduce the required side yard setback from 10 feet to 9.1 feet; 2S .,. � . . �_ _ � ��_�_�_ : si`ciz-1� ' �� � �_ � __ __— 3. Pursuant to Section Z05.07.03.D.(2).(b) of the Fridley City Code to reduce the required cide yard setback for an attached accessory use trom 5 fset to 1 loot, qaraqe on Lot 8, same being 1281 To allow the construction of Block 1, Parkview Oaks First Hathaway I,ane N.E. a double car l�ddition, the O O by Ms. Savage, seconded by Mr. Ruechle, to open the public hearing. IIPON 11 VOICB VOTE, 71LL VOTZi1G 71YE, C871IAPERBON B�RNA DECLARED T8E PIIBLIC BEARZNG OPEN �T 7t�8 P.I[. Ms. Dacy stated the property is zoned R-1, Single Family Dwelling, and is located at the�end of Hathaway Lane. Outlot C separates the subject property from Katterhorn Drive. Ms. Dacy stated the petitioner is requesting three variances in order to construct a 24 it. by 24 ft. garage in front of their existinq home. Ms. Dacy etated ctaff outlined other options for the petitioner and the City to consider in lieu of qrantinq this variance since the variance request represents a siqnificant encroachment into the front yard. The front yard setback of all the setbacks is typically held more important in order to maintain adequate space between the street and a structure, and to provide adequate area for off-street parkinq, and to provide a visual site distance for adjacent properties. Ms. Dacy stated staff looked at three other options: 1. To build a detached qarage at the rear of the lot, and construct a rew driveway along the western part of the lot. Because of the veqetation and the qrade of the lot, this option vas not leasible. 2. To add on to the back of the existing garaqe toward the rear of the lot. Staff understands that the petftioner'e dining room is in back of the qarage, and it would �eean considerable �ore remodelinq expense; however, in the eyes of the ordinance, it is still an option. 3. To utilize the City property to the east. The property aeasures approximately 7,993 sq. it. This is below the square footage for a buildable lot. The City retained the lot in order to saintain the deadend turn-around for 8athaway Lane. Given the property is unbuildable because of lot area and the slope on the property, staff felt it miqht be prudent to go throuqh the sale of excess property prxess and have the 2T - h• ��s. • �- - � i��t-���- - 'T`��`a _ , Council evaluete whether or not to convsy a portion or all of the outlot to the Sache. This prxess usually antaila a two- sonth period and a public bsaring befors th� Council before. final determination. The petftioner would be rasponafble for relocatinq electric, telephone, and cable lines that now run along the eastern property line. If the petitioners were to receive a portion of Outlot, they would have to relocate those lines probably toward the east. Mr. McPherson met with an NSP representative on site last Friday. He was to have an estimate available for this �eetinq, but did not do so. Ms. Dacy stated staff's recommendatfon on the three variances is as follows: 1. Approval of the side yard variance trom 10 feet to 9.1 feet for living space area along the ride lot line. 2. Denial of the front yard setback from 35 feet to 9 feet and the side yard setback from 5 ieet to 1 ioot, besed on the fact that the eale of excess property option is available as well as the option to expand to the rear. Ms. Dacy stated if the Appeals Commission recommends approval to the Council, staff recommends three stipulations: 1. Approval of the variances pendinq approval of the vacation of the drainaqe and utility easement. 2. A grading and drainaqe plan be submitted for approval by City staff. 3. The addition shall be architecturally compatible with the existinq house. Ms. Savaqe asked if there were some trees on Outlot C that would have to be cut down in order to construct the qaraqe. Ms. Jeannine Sachs stated there were three mature Oak trees and one Cottonwood tree that would have to be cut down in order to provide access for emerqency vehicles such as a fire truck. The trees are placed in Buch a way that they would all have to be cut down. 14z�. Orville Sachs atated he is not interested in buyinq more property in order to build a qarage. It was his understandinq that in order to purchase the property, it would have to qo out for bids and who knows what the prfce would be. Irlr. Barna atated he thouqht bids were necessary only on tax forfeit properties. Since this property has been �aintained as an outlot and has not been tax forfeit, he believed the City can sell the 2U _ _. s�� . � �. _ � . ��!-+_s!_ - property directly to an indivfdual. Thfs would have to be confirmed by leqal counsel. lte. Sachs stated that she vas told by Iris. Dacy that the sinimum value was $5,700 wfth taxes of 5142 a year, unimproved. � l�ir. Sachs �tated that in addition to that cost would be the �oving of the overhead power lines. It fs just too expensive. Mr. Bill Drigans, 1280 Hathaway Lnne, stated they live dizectly across from Mr. and Mre. Sachs. tiis understandinq of the outlot is that it continues from the back of the Sachs' lot all the way across Hathaway Lane adj oininq the Ewers' property ( 5680 Matterhorn Drive). He believed the $5,700 cost was for the entire outlot. Ms . Dacy stated the City �issessor looked at the outlot north of what they would convey to reserve a rfqht-of-way. If they added that full extra lenqth, which could be 60-80 feet, the value of that piece alone is $5,700 and added on to the Sachs' existing value could result in an increase of $150 a year in taxes. Through the excess property process, the City Council can determine whether they want to convey all of the outlot or part of ft, depending on what the Sachs vanted. Mr. Driqans stated his property has a very steep driveway. In the wintertime when it is icy, they have literally slid across the street fnto the Sachs' driveway. They have taken out mailboxes across the street, their naflbox, and a hedge. Mr. Driqans stated when he served on the Pippeals Commission and Planninq Commission, they looked very hard at front yard variances, and he is eure the City still does when there are other options available. Since there are other options., he is opposed to the front yard variance. He felt the Sachs should Beriously look at the outlot as a solution. Mr. Sachs stated their house is a repossessed V.A. house. It was their understandinq at the time that the house was built to Code with the proper setbacks. i�lhen they looked at the possibility of building a qarage after one winter, they had a aurveyor survey the property, and that is when they discovered the house was not built to Code. l�Ir. Sachs stated when they first purchased the house, they had asked if the outlot was for sale, and they were told by someone at City Hall that the property was not for sale and that it was unbuildable piece of property. l�ir. Sachs stated the proposed qaraqe is not goinq to be the same heiqht as the house. It fs goinq to be down fnto the hill, so the garaqe will not stick out up in the air. Since there i6 no one on BID PROPOSALS FOR _ REPAIR AND MAINTENANCE FOR WELL NO. 3 PROJECT NO. 203 WEDNESDAY� MARCH 8, 1990 11:00 A.M. BID TOTAL PLANHOLDER BOND BID COMMENTS E.H. Renner 15688 Jarvis Elk River, MN 55330 Layne Minnesota 3147 California Minneapolis, MN 55418 Mark Traut Wells 151 - 72nd Ave. St. Cloud, MN 56301 Keys We11 Drilling 413 N. Lexington St. Paul, MN 55104 Bergerson-Caswell 5155 Industrial Maple Plain, MN 55359 The Prest 4904 Lincoln Dr. Edina, MN 55436 Thein Well Co. P.O. Box 429 Clara City, MN 56222 5$ 5% 5$ 5% 5$ $ 22,956.00 $ 26,186.00 $ 32,857.00 $ 32,875.00 $ 33,145.50 NO BID NO BID 2V �PPE�L8 COI4�II86ION 1[BETZ�a. BEPTEKBR 5. 1�9 p�GE 5 the other side of them, he did not know why anyone would object to this proposal. Ms. Savage asked what the petitioners thouqht of the options suqgested by staff. Mr. Sachs stated a couple of the options are really not viable options. There is also another 5 foot drop on the other side of the property. In the back yard is another 8 foot drop. So, he would have to drive uphill out of his back yard. Why would he want to buy some property that would just increase his taxes? This is not the first proposal of this type. It has been done in Fridley before, and it was a for a front yard setback in the middle of a b2ock. Ms. Sachs stated about three years ago a front yard variance for a qarage similar to theirs was granted to 1333 Hillwind Road. Ms. Savage asked Mr. Sachs' response to Mr. Drigans' concern about sliding across the street into the Sachs' driveway. Mr. Sachs stated he did not think that was his problem. Mr. Drigans could correct that problem. If the neighbor slides down the hill and hits his car, it did not matter whether the car is parked at the end of the driveway or up by the garage. Mr. Drigans stated their home is higher than the Sachs' home. From their kitchen and living room, they look down at the Sachs' property on a daily basis. His main objection was the front yard variance. Visually, the qaraqe will just be too close to the street. Ms. Dacy stated the variance referred at 1333 Hillwind was variance request, VAR �86-18, by Gary and Sharon Parker, to reduce the front yard setback from 35 feet to 28.5 feet and to reduce the side yard setback from 5 feet to 1 foot to allow the construction,of an attached accessory building. Mr. Sachs stated he was just not interested in purchasing any additional property. He stated he was trying to improve his property and correct his problem, and this is the most affordable option for him. Mr. Drigans stated the Sachs work hard to maintain their property. He stated they are also maintaining a considerable portion of the outlot which is unbuildable. The Sachs are trying to improve their property, and he did not see why the City could not sell the Sachs a portion of the property for a small monetary amount. It could be a trade-off for the Sachs maintaininq a portion of the outlot. It just seemed there are solutions that are not beinq discussed. 2W .,. �. - . . �_ _ � � ��_ �_ : � - �� 1 - - -- -- Mr. Barna aqreed wfth l�[r. Driqans, but �tated this i4 something that is definitely up to the City Council to decide. Kr. James Wclfe, iZ65 Hathaway Lane, stated he liveB riqht next door to the Sachs . 8e stated he has no ob j ection to the -Sachs buildinq the qarage. He stated no �atter where the Sachs build the qaraqe, there is still goinq to be the hazard of the neiqhbor directly across the street sliding across the �treet in the wintert ime . Ms. Jan Driqans stated che can underetand that their driveway is not the Sachs' problem. Her �ain concern ie visual. Coming out Bo far from the house toward the curb fs goinq to be a qreat inconsistency with the other houses in the neiqhborhood. The City has defined the front yard setback as 35 feet, and any inconsistency in that front yard setback impacts a neighborhood. MOTION by Ms. Kuechle, seconded by Ms. Savage, to close the public hearing. IIPON 71 VOZCE VOTE, �LI. VOTI�IG 71Y8, CHAIRPER80�T B11RNA DECLl1RED THE P�BLZC HEARING CLOSED 11T 6:30 P.M. Ms. Savage stated this is the most difficult front yard variance they have had to deal with. She assumed the Sachs have a need for a double car garage. There seems to be a lot of problems with the options. She thouqht this is a unique lot in that it would be very difficult to expand in the back yard because of the steep hill. They are on the end of a lot which does reduce the problem of the sight line. She is not too concerned about the problem of the neighbor's driveway, but she is concerned about the neighbors' difficulty with the visual aspect of the garaqe being fairly close to the street. However, she did think the plans as presented by the Sachs seemed very nice. She just did not see any solutions to the problems involved. Mr. Kuechle stated he liked the desiqn. It would be attractive; however, he is very concerned about encroachinq 23 feet into the front yard. iie is not totally satisfied that the possibility of buildinq to the side had been completely explored. It would 6eem that something could be worked out with the City. The trees are another problem that is difficult to resolve at thfs time. Because there are so many unanswered questions, he would not be in favor of the variance request. He would sugqest the petitioner explore a little more carefully with the City the possibflfty of buyinq part of the outlot and what the price would be. Isr. Barna stated he sympathized with th� Sachs and the neiqhbors• 8e has been on the �ppeals Commission for 12 yeare and they have never allowed a front �ard setback to this deqree under these circumstances. There really bas to be an established hardship 2X ]1PPEALB COI�4iI88ION 1[EETIId�i. BEPTElIBR S. 1989 � P!�►GB 7 where there are no other alternatives. He stated he is not opposed to the side yard variance, but he is opposed to the front yard variance. MOTION by Mr. Kuechle, seconded by Ms. Savaqe, to recomIDend to City Council approval of variance, VAR #89-19, by Orville and Jeanine Sachs, pursuant to Section 205.07.03.D.(2).(a) of the Fridley City Code to reduce the required side yard �etback from 10 feet to 9.1 feet, to allow the construction of a double car garage on Lot 8, Block 1, Parkview Oaks First Addition, the same being 1281 Hathaway Lane N.E. IIPON ]1 VOICE VOTE, 71LL VOTI1dG ]1YE, CB7�ZRPERBON BARNA DECLli►RED THE 1�[OTION Cl1RRIED IINl�NZAtOUBLY. OTION by Mr. Kuechle, seconded by Ms. Savage, to recommend to City council denial of variance, VAR #89-19, by Orville and Jeanine Sachs: 1. Pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the required front yard setback from 35 feet to 9.2 feet; 2. Pursuant to Section 205.07.03.D.(2).(b) of the Fridley City Code to reduce the required side yard setback for an attached accessory use from 5 feet to 1 foot; To allow the construction of a double car qarage on Lot 8, Block 1, Parkview Oaks First Addition, the same being 1281 Hathaway Lane N.E., with the recommendation that the petitioner pursue the possibility of acquiring all or part of Outlot C from the City. OPON !► VOICE VOTE, 11LL VOTING 71YE, CSAIRPERBOId Bl�RNA DECI.PIRED THE liOTION Cl�RRIED IIN�NIMOIISLY. 2. CONSIDERATZON O A V ANC RE U ST VAR 89- 0 BY FRIDL Y ALANO SOCIETY• Per Section 205.14.05.0. 5).(a) of the Fridley City Code to reduce the setback for all arkinq and hard surface areas from 20 feet from any street r ht-of-way to 9 feet, on Lots 18 through 24, Block 13, Ben ett Palmer Addition, generally located directly north of th �former Zantigo Restaurant. MOTION by Ms. Savage, seconded by hearing. IIPON ]► VOICE VOTE, 11LI+ VOTZNG ]1YE, PIIBLIC 8E7�1RING OPEN ]1T 8:45 P.lt. Ruechle, to open the public BARNl1 DECL�RED THE Ms. Dacy stated this property is located jus'� south of 60th Avenue, east of University Avenue. The University Avenue Service Road runs 2Y �, iDLEY CITY COCDICIL lLEBTI�G O! 6EPTEKBER 18. 1989 P�GE 6 I►Ir. Burns, City Iianager, asked if staff was required to mit this request to the Council in three �onths. Councilman Schneider stated it did ave to be submitted within the three months or if the S id not contact staff. _. OPON � VOICE AREN ON THE �►BOVE MOTION, all voted aye, and Mayo eclared the motion carried unanimously. B. SONSIDERATION OF SETTING A PUBLIC HEARING FOR OCTOBER 2 1989 FOR THE SALE OF EXCESS PROPERTY. OUTLOT C INNSBRUCK NORTH ADDITION. ADJACENT TO 1281 HATHAWAY LANE N.E.: Mrs. Sachs stated her husband was concerned how the City would proceed with a sale of Outlot C and if it would be on a bidding basis. Mr. Herrick, City Attorney, stated bids are not required, but in cases of buildable sites, the City has, on some occasions, requested bids. He stated in this case, where it is a non- buildable site, the property is usually cplit with adjacent property owners. Councilman Schneider stated he realizes there are some concerns with the residents on Matterhorn Drive regarding the sale of this outlot. He stated the Council should probably not proceed with setting the public hearinq for this potential sale of Outlot C, but when the petitioner submits a plan and if it fs appropriate to sell a portion of this outlot, the hearing could be scheduled at that time. Mrs. Sachs asked what restrictions would be placed on the construction of the garage. Councilman Schneider stated it would depend on how much property is acquired. Councilwoman Jorgenson 6tated there were concerns of neiqhbors if the bikeway/walkway would be retained if a portion of the outlot is sold. Councilman Schneider etated the City is not desperate to sell this outlot, but may consider it to accommodate the Sachs'. He stated he could not promise that it would not go out for bid. He stated there may be others interested in purchasing this outlot in order to retain the aesthetics of the neiqhborhood. He 6tated in any case, a public hearinq would be necessary before the property could be sold. 2Z lRIDLEY CITY COII1�iCZL ILEETI�G O! SEPTEMBBR 18. 1989 P�GE 7 Mrs. Sachs stated if there is a chance the property would go out for bids, che would like to see this item tabled. MOTION by Councilman Schneider to table this item and instruct ataff to notify affected persons that the public hearinq has been tabled. Seconded by Councilman Billings. Upon a voice vote, all voting aye, l�ayor Nee declared the aotion carried unanimously. MOTION by Councilman Schneider to instzuct staff that when the Sachs contact the City regardinq their qarage construction, staff should request a plan and work with the petitioner and then prepare the necessary documentation so that the minimal portion of Outlot C that would necessary to accommodate the qarage construction be scheduled for a public hearing as excess property. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated a petition has been submitted in opposition to the City sellinq Outlot C and asked that this be received into the minutes. MOTION by Councilman Schneider to receive Petition No. 15-1989 in opposition to the sale of Outlot C, Innsbruck North. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. CONSIDERATION OF A VARIANCE REOUEST. VAR #89-20. TO REDUCE THE SETBACK FOR ALL PARKING AND HARD SURFACE �r.L.�e� �.+r�r.v �n t+t�i�en s�nnv n�TV cTDL'L'T DTf'_L7T�AF�L1�V T[1 � f _1:1Si�� Ms. Dacy, Planning Coordinator, stated t Fridley Alano Society is constructinq a 7,000 square foot bui ing for their assembly or meeting place for 1�A activities. S stated they have requested a variance to reduce the hard surf e setback from the required 20 feet to 10 feet alonq the eervi road. Ms. Dacy stated all the City's but they wish tc in order to inc recommended to t however, the Co the petit' er has submitted a survey that meets code re rements as to the parking requirements, i h 10 feet into the 20 foot required setback their parkinq capacity. She stated staff :als Commission that this variance be denied, i recommended approval because all the other i properties i the area are built to the ten foot setback or, n some case , to the front lot line. She Btated the l�ppeals Commiss' 's recommendation was subject to the petitioner submi ing a landscape plan for staff approval and a six foot scr ning fence to be constructed along the rear property line. �iDLEY CITY COIII�CIL �LEBTZNG O! 6EPTE�tBBR 18. 1989 PaGE � components detailed in the specifications. I+Ir. Pribyl stated the specifications vere written so that the City could accept all or part of any bid. He stated it is, therefore, recommended that the bid for file folders be awarded to Mid-lilsmerica for 56,573.81 a the bid for labels be awarded to i�riqht-Line for S1,831.00. MOTION by Councilman Schneider to award the contra for file folders to the low bidder, Mid-America, in the amou of S6,573.81. Seconded by Councilman Billings. Upon a voic ote, all voting aye, Mayor Nee declared the a�otion carried nimously. MOTION by Councilman Schneider to awar he contract for labels to the low bidder, Wright-Line, in the ount of 51,831.00. Seconded by Councilman Fitzpatrick. Upo a voice vote, all voting aye, Mayor Nee declared tbe motion rried unanimously. 9. A. � 0 MOTION Councilman Billings to set the public hearing on this vacat' n request for October 2, 1989. Seconded by Councilman F' patrick. Upon a voice vote, all voting aye, Mayor Nee declared he motion carried unanimously. 10. CONSIDERATION OF RECEIVING ITEMS FROM APPEAIS COIrIIriISSION �lEETING OF SEPTEMBER 5. 1989: A. CONSIDERATION OF A VARIANCE REQUEST VAR �89-19, TO �niirF �r+uF i2FntlTRFn SETBACK FROM 35 �'EET �O 9.2 FEET: TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 10 FEET TO 9.1 �EET. TO REDUCE THE RE UIRED SIDE YARD SETBACK FOR AN �iTTACHED ACCESSORY U�E FROM 5 FEET TO 1 FOOT. TO ALLOW �'HE CONSTR CTION OF A DOUBLE CAR GARAGE ON LOT 8. BLOCK ARKVIEW OAKS RST DDITION HE SAME EING 8 jiATHAWAY I1�,NE N.E BY ORVILLE AND JEANN�NE SACHS: Hs. Dacy, Planninq Coordinator, stated this is a request for variances to allow the construction of a garage at 1281 Hathaway Lane. She stated the petitioners, Kr. and Mrs. Sachs, purchased the property from HUD and were led to believe they had 12 feet between the qarage and �ot line. She stated they have since had the property surveyed and found this is not the case. Ids. Dacy stated the variance requests are a reduction in the side yard setback from 10 to 9.1 feet; a reduction in the �ide yard setback for an attached accessory use from 5 feet to 1 foot; and a reduction in the front yard setback from 35 to 9.2 feet. She stated the Appeals Commission recommended approval of the variance for the existing encroachment, but recommended denial of the other . . � : lRZDLEY CITY COIII�ICIL 1LEETI�G O� 8BPT8KHER 18. 1989 p�GE S two variances to reduce the required attached accessory use from 5 feet to front yard setback from 35 to 9.2 feet. side yard setback for an 1 foot and to reduce the Ms. Dacy stated it ie recommended the Sachs' pursue the potential of expanding their existing home to the east on the City's Outlot C. She stated staff recommends the Council uphold the recommendation of the �ppeals Commission. Councilman Schneider asked if there were any other variances of this maqnitude qranted fn the City. Ms. Dacy stated that there were none. Mrs. Sachs, the petitioner, stated the property at 1333 Hillwind would be two feet closer to the street than what they are requesting. Ms. Dacy stated a variance was approved for this property and the request read that it was to reduce the setback from 35 to 28 feet. She stated, in actuality, the edge of the garage is approximately 26 feet from the curb line. She stated it could not be determined where that front property line was located and there was no certificate of survey on file. Councilman Schneider asked the petitioner if they had considered expandinq to the east if property was available. Mrs. Sachs stated they have not ruled out this possibility. She stated her husband was not able to attend the meeting this evening as he is in the hospital recoverinq from a heart attack. She stated this option has not been fully discussed. Mrs. Sachs stated they would like to utilize the land they now have, however, they may consider other options on purchasing additional land. Councilman Schneider stated he would be reluctant to grant a front yard variance of this magnitude. He stated if the Sachs' were willinq to purchase additional property, they probably would not need the entire outlot. He asked Mrs. Sachs if she wished the Council to act on the variance request this evening or if she wished it tabled. Mrs. Sachs stated she felt this was for the Council to decide, but stated their plans were not to begin immediately to construct the qarage. Councilman Billinqs stated if the City agreed to the sale of a portion of this outlot, the variance �ay not be needed. He stated the Council could delay action and qive the petitioner time to submit some alternatives. MOTION by Councilman Schneider to table consideration of this variance request, VAR #89-19, for three months or until the petitioner contacts staff. Seconded by Councilwoman Jorgenson. . �.�, �_ � . ��-- I�lr. Burns, City l�tanager, asked if staff vas required to re-cubmit this rsquest to the Council in thr�e sonths. Councilman Schneider stated it did not have to be sub�itted within the three �onths or if the Sachs did not contact staff. UPON 11 VOICE VOTE Tl�►I�N ON THE 11BOVE MOTION, all voted aye, and Mayor Nee declared the aotion carried unanimously. 8. �'ONSIDERATION OF SETTING A PUBLIC HEARING FOR TO 1261 HATHAWAY IJ�NE N.E.: Mrs. Sachs �tated her husband was concerned how the City would proceed with a sale of Outlot C and if it voul be on a bidding basis. Mr. Herrick, City �►ttorney, stated bids cases of buildable sites, the City requested bids. He 6tated in this c buildable cite, the property is us� property owners. � ar not required, but in , on �ome occasions, e, where it is a non- ly cplit with adjacent Councilman Schneider ctated he re izes there are come concerns with the residents on Matterhorn ive reqarding the sale of this outlot. He.stated the Council hould probably not proceed with setting the public hearing for is potential 6ale of Outlot C, but when the petitioner submits a an and if it is appropr�ate to sell a portion of this outlot, hearinq could be scheduled at that time. Mrs. Sachs asked what /restrictions would be placed on the constructior► of the gar��qe . Councilman Schneider tated it would depend on Aow �ouch property is acquired. Councilwoman Jor nson stated there were concerns of neiqhbozs if the bikeway/wal ay vould be retained if a portion of the outlot is aold. Councilman S hneider stated the City is not desperate to sell this outlot, bu �ay consider it to accommodate the Sachs'. He ctated ne could ot promise that it would not go out for bid. He stated there aa be others interested in purchasing this outlot fn order to ret n the aesthetics of tbe neiqhborhood. He ctated in any case, public hearing would be necessary before the property could be s d. 2CC CITY OF FRIDLEY Recreation & Natural Resource Departmen 6431 Univs�sity Avenus NE� Frldley MN 55432 .. — March 7, 1990 �. h TO: William W. Burns.,'� �i� City Manager ' FR: Jack Kirk J�� Director of Recreation & Natural Resources RE: CANADA GOOSE CONTROL PROGRAM 3 Please find attached a proposed contract between the University of Minnesota and the City of Fridley for the Canada Goose Control Program at Moore Lake Beach. This is a four year program commencing in 1990 and extending through 1993 with a cost of $1,000 per year. Having reviewed the articles of the proposed contract, I recommend that the City Council authorize entering into the Goose Control contract with the University of Minnesota. JK:sj attachment FIXED-PRICE CONTRACT BETWEEN THE REGENTS OF THE UNIVERSITY OF MINNESOTA MINNEAPOLIS, MINNESOTA (hereinafter referred to as the UNIVERSITY) /:�1� THE CITY OF FRIDLEY, MINNESOTA (hereinafter referred to as the SPONSOR) CONTRACT Title: Canada Goose Population Management and Ecology PRINCIPAL INVESTIGATOR: James A. Cooper CONTRACT AMOUNT: $4,000 EFFECTIVE DATE: March 15, 1990 EXPIRATION DATE: March 15, 1993 IN WITNESS OF the agreements and covenants contained in this contract, the authorized representatives of the UNIVERSITY and of the SPONSOR have hereunto set their hands, each warranting that he/she is empowered and authorized to execute the same. REGENTS OF TI� UNIVERSITY OF MINNESOTA .� Mary Lou Weiss Assistant Director TITLE: Research Administration DATE: SFONSOR : TITLE: DATE: 3A ARTICLE I- Statement of Work The UNIVERSITY hereby agrees to exert its best efforts to perform the work set forth in Appendix A, attached. Any change in the scope or objective of the work requires prior written approval of the Principal Investigator and the authorized representative - of the SPONSOR. ARTICLE II - Consideration and Payment Presently, after the authorized representatives of the UNIVERSITY and SPONSOR have fu11y executed this contract, the UNIVERSITY shall submit to Mr. Jack Kirk, City of Fridley, 6431 Unversity Ave. NE, Fridley,. MN 55432, as authorized representative of the SPONSOR, an invoice for that year's fee as set forth in Appendix B. Said invoice shall be submitted on or after March 15th of each year. The fee shall be paid within 60 calendar days to the authorized representative of the UNIVERSITY, and in full consideration of a11 work to be performed, as set forth in ARTICLE I, above, and all costs, direct and indirect, of labor, materials, equipment, supplies, services, and all other costs of whatever nature to be incurred in the performance thereof. ARTICLE III - Budget Appendix B, attached, contains the approved budget for this contract. The budget provides for goose management at one location within the City of Fridley. A location is defined as an area where adult and young Canada geese concentrated during June. If the SPONSOR, after reviewing the status of goose populations, requests that management be done at fewer or more than one location, the budget will be revised under the provision provided for in Article V. ARTICLE IV - Reports A. The Principal Investigator shall submit to the authorized representative of the SPONSOR program reports as set forth in Appendix A. B. The UNIVERSITY shall not submit to the SPONSOR financial reports for this fixed-price contract. ARTICLE V - Modi�cations C�1_�� 3C Any modifications, variations, or waivers of the terms of this contract, and any change in the amount thereof as set forth on page 1, above, shall become effective only upon being reduced to a written amendment hereunto, signed by the authorized representatives of the LJNIVERSITY and of the SPONSOR. ARTICLE VI - Termination A. Either the UNIVERSITY or the SPONSOR may terminate this contract by notifying the authorized representative of the other thirty (30) days in advance of a specified termination date. B. Upon receiving a termination notice from the SPONSOR, the UNIVERSITY shall exercise reasonable diligence to cancel orders, obligations, and commitments relating to this contract, and to cancel or redirect commitments for personal services. C The SPONSOR shall remain liable for all costs incurred by the UNIVERSITY pursuant to this contract, including uncancelable orders, obligations, and commitments, made prior to receiving a termination notice. Upon payment of all such costs, the Principal Investigator shall deliver to the authorized representative of the SPONSOR such incomplete Subject Data, in its extant format, as ARTICLE XI, below, requires. ARTICLE VII- Records and Inspection A. The UNIVERSITY shall maintain books, records, and other evidence of costs incuned and revenues received under this contract, to document fully all net costs, direct and indirect, of labor, materials, equipment, supplies, and services, and a11 other costs of whatever nature. B. At all reasonable times during the retention period, Paragraph C, below, the SPONSOR, or any authorized audit representative, shall have access to such pertinent UNIVERSITY books, records, and other evidence, to audit and examine them. C The UNIVERSITY shall preserve all such books, records, and other evidence pertaining to this contract for three (3) years after the contract period. 3D D The UNIVERSITY shall retain all materials relating to any litigation or claim resulting from this contract, or to contract costs questioned upon inspection or audit, until such litigation, claim, or question has been settled. ARTICLE VIII - Subcontracts A. The UNIVERSITY shall obtain written approval from the authorized representative of the SPONSOR before subcontracting any of the work set forth in ARTICLE I, above. However, this ARTICLE shall not be construed to apply to the purchase by the UNIVERSITY of materials, supplies, equipment, and services incidental but necessary to perform the work set forth in ARTICLE I, above. B. All subcontracts shall incorporate the pertinent provisions of this contract, by reference or otherwise. ARTICLE IX - Assignments The UNIVERSITY and the SPONSOR each shall obtain written approval from the authorized representative of the other before assigning this contract in whole or in part or any monies due or to become due under this contract, to any third party or parties. ARTICLE X - Publication A. The UNIVERSITY and the SPONSOR each may freely publish the results of the work set forth in ARTICLE I, above, both Subject Data, as defined in ARTICLE XI, below, and otherwise, so long as any existing or future copyright of the Subject Data is not prejudiced thereby. The Principal investigator and the authorized representative of the SPONSOR each shall submit to the other, copies of all such manuscripts for review prior to publication. B. Publication by either the UNIVERSITY or the SPONSOR shall credit the other for the cooperative nature of the said work. Commercial brands or trade names shall not appear in such publication, except as necessary to describe the said work; nor shall the names of the LJIVIVERSITY or of the SPONSOR be used for advertising purposes. 3E C Prior to publication, either the UNIVERSITY or the SPONSOR shall obtain written approval from the authorized representative of the other before publicizing the results of the said work. ARTICLE XI - Rights in Data and Copyright A. The term "Subject Data" as used herein includes research data and reports, writings, sound recordings, pictorial reproductions, drawings or other graphical representations, and works of any similar nature (whether or not copyrighted), which the - UNIVERSITY shall deliver to the authorized representative of the SPONSOR pursuant to ARTICLE IV, above. The term does not include financial reports, and materials, books, records, and other evidence incidental to contract administration. B. The UNIVERSITY shall own all copyrights arising from the Subject Data. However, if the University chooses not to obtain such copyrights, the SPONSOR may secure them. C In the event that either the UNIVERSITY or the SPONSOR secures a copyright pursuant to ((B) above, such party (the Licensor) hereby grants to the other (the Licensee) a royalty- free, nonexclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, ad to authorize others to do so for the Licensee's use all Subject Data , now or hereafter covered by copyright: Provided that with respect to Subject Data originating outside of this contract but incorporated into the Subject Data furnished hereunder, such license shall be only to the extent that the Licensor has, or prior to the expiration of the contract may acquire, the right to grant such license without becoming liable to compensate others solely because of such a grant. D This ARTICLE shall not UNIVERSITY employee in pursuit of scholarly scholarly or professional future copyright of the be construed to Iimit the rights of s to utilize Subject Data in other formats activities and to publish Subject Data in journals, so long as any existing or Subject Data is not prejudiced thereby. ARTICLE XII - Jurisdiction The SPONSOR agrees to abide by the laws of the State of Minnesota in all matters regarding this contract. ARTICLE XIII - Patents 3F Title to all patentable discoveries and patents therefrom, resulting from the work set forth in ARTICLE I, above, shall vest in the UNIVERSITY. After an invention has been identified, the authorized representatives of the SPONSOR and the UNIVERSITY shall negotiate the nature and scope of the SPONSOR's rights. ARTICLE XIV - Authorized Representatives A. The authorized representative of the UNIVERSITY for notifications and binding approvals shall be: Mr. Anton R. Potami Assistant Vice President �� ; Ms. Mary Lou Weiss Assistant Director •� Ms. Marilyn Surbey Assistant Director �'7 Ms. Win Ann Schumi Assistant Director Office of Research and Technology Transfer Administration 1919 University Avenue St. Paul, Minnesota 55104 U.S.A. B. The authorized representative of the SPONSOR for notifications and binding approvals shall be: Mr. Jack Kirk City of Fridley 6431 Unversity Ave. NE Fridley,. NiN 55432 3G ARTICLE XV - Other Provisions None. ARTICLE XVI - Contract Complete 3H All materials and provisions incorporated into this contract, by reference or otherwise, must be attached hereunto. This contract, including all materials and provisions incorporated herein by reference or otherwise, contains all agreements and covenants between the UNIVERSITY and the SPONSOR. No other understandings, provisions, or materials, whether written, oral, or otherwise, regarding this contract, shall be deemed to exist or to bind the iJNIVERSITY, the SPONSOR, or both. APPENDIX A PROPOSAL 31 Title: Population management of Fridley Canada Geese. Prepared by: Dr. James A. Cooper, Associate Professor, Department of Fisheries and Wildlife, University of Minnesota, St. Paul, MN. (612-624-1223) Date: 4/23/87 Importance: Extirpated by market and subsistence hunting over much of its southern range during settlement, the Canada goose (B ra n ta canadensis) has been reestablished in the midwest and elsewhere. This successful wildlife management program resulted from federal, state, and private efforts (Nelson 1963, Dill and Lee 1970, and Cooper 1978). Contemporary landscaping and farming practices have greatly enhanced Canada goose habitat. Lawns, soybeans, small grains, and pasture sown on lake and wetland shorelines provide a super abundance of brood-rearing habitat in both rural and urban settings. These sites and harvested agricultural crops, especially corn and small grains, are used at other times of the year. This, coupled with refuges created to protect the birds during establishment and the expansion of cities where hunting is not permitted, has lead to a phenomenal population growth in past 20 years. Because Canada geese are highly social and occur in flocks during all periods of the year except nesting (Zicus 1981, Schaltz 1983) and graze extensively on grasses, forbs, and crops, goose flocks, particularly adults with flightless young, began to damage Minnesota crops in 1980 (Rose 1981). Concentrations of geese and their droppings in city parks, on golf courses, and goose flights near airports have lead to a growing number of complaints in urbanized areas, e. g., Denver, Minneapolis-St. Paul, Toronto, Boston, and Westchester County in New York (Laycock 1982, Oetting 1983). While population reductions methods, such as capture and removal and increased hunting kill, have been used, none have be adequately 3J tested or documented in the literature. This project will test further removal and translocation. Objectives: 1. To assist with development of population objectives, i. e., the acceptable number of geese at specific sites. 2. To model populations and estimate removal levels needed to attain and maintain desired population levels. 3. Provide technical expertise and participate in public hearings and assist with public relations. 4. To coordinate and do goose removal in 1990, 1991, 1992, and 1993 as population control procedures. 5. To monitor population levels from 1990 to 1993 to ascertain population reduction effectiveness. Methods: Model--Much of the data necessary to construct a model have been gathered from 1973 to 1983 for the Metropolitan Twin Cities Canada Goose populations (Salyer 1977, Cooper unpubl. data). Parameters that have been measured include participation in breeding by sex and age class, age related productivity, effect of re-pairing, emigration and immigration, gosling, subadult, and adult survival. Additional data are needed on the effect of density reduction on breeding participation, dispersal, and survival. These data will obtained by capturing and neckbanding (Sherwood 1966) flightless, immature geese, and subsequently capturing and removing the breeding segment of the population the next summer. Because Canada geese do not breed until 2 years of age, or older, by monitoring the breeding participation rate of the marked geese in the following 2 years and comparing the rate of participation with existing data (Cooper, unpubl.), the effect of the lowering the density can be determined. Survival and dispersal of will be ascertained from neckband reobservation (Cormack 1964; Cooper 1975). The model will be based on the Jolly method as modified Barry (1977) 3K except that neckband observations will be employed instead of legband recaptures. Removal--The effectiveness of goose removal will be predicted using the model and evaluated by monitoring population growth. Population level objectives will be established in consultation with cooperating city and agency personnel. Selected target populations will be reduced by capturing and removing young and adults during the summer flightless period (Martz et al. 1982). Growth in these populations will be measured by 1) ascertaining nest densities using methods similar to that of Cooper (1978), 2) by conducting brood counts prior arrival of migrants in mid-September, and by doing population counts from August to December. Chronology of Research Activities: 1988 15 May-5 June--identify brood concentrations, model populations and estimate goose removal levels; participate in public hearing and attain permits. 5 June-7 July--coordinate and conduct goose removal. 1 August-31 December--conduct population counts and read markers at goose concentration sites. ' 1989-91 1 January-15 April--summarize data and prepare annual report. 15 April-5 June--conduct nest density surveys and brood counts; estimate goose removal using population model. 5 June-1 July--coordinate and conduct goose removal. 15 August-31 December--conduct population counts and read markers at goose concentration sites. Literature Cited: 3L Barry, C.T. 1977. The mortality of Yorkshire Canada geese. Wildfowl 28:35-47. Cooper, J.A. 1975. Estimating Canada goose survival in an urban environment from neckband observations. 37th Midwesi Fish and Wildlife Conference, Toronto, Ontario. - Cooper, J.A. 1978. The history and breeding biology of the Canada geese of Marshy Point, Manitoba. Wildl. Monogr. 61. 87pp. Cormack, R. M. 1964. Estimate of survival from sighting of marked animals. Biometrika 51:429-438. Dill, H.H. and F.B. Lee (eds.) 1970. Home grown honkers. U.S. Dept. Int., Fish Wildl. Serv,, Washington, D. C. 154pp. Laycock, G. 1982. The urban goose. Audubon 84:44-47. Martz, J., L. Pospichal, and E. Tucker. 1982. Giant Canada geese in Michigan: experiences with translocations and nuisance management. i n Johnson, M. A. (Ed.) Transactions of The Canada Goose Symposium, North Dakota TWS Chapter, 71pp. Nelson, H.K. 1963. Restoration of breeding Canada goose flocks in the North Central States. Trans. N. A. Wildl. Conf. 28:133-150. Oetting, R. 1983. Overview of management of Canada geese and their recent urbanization. in Johnson, M. A. (Ed.) Transactions of The Canada Goose Symposium, North Dakota TWS Chapter, 71 pp. Rose, J. 1981. Fergus Falls goose shortage turns into goose abundance. Minnesota Out-Of-Doors 27(11):22. Sayler, R. D. 1977. Breeding ecology of the Twin Cities, Minnesota, Metropolitan Canada geese. M. S. Thesis, University of Minnesota, 61 pp. Schultz, D. F. 1983. FaII flock behavior and harvest of Canada geese in the vicinity of the Talcot Lake Wildlife Management Area in southwest Minnesota. M.S. Thesis, University of Minnesota, 72pp. Sherwood, G.A. 1966. Flexible plastic collars compared to nasal discs for marking geese. J. Wildl. Manage. 30:853-855. Zicus, M.C. 1975. Capturing nesting Canada geese with mist nets. Bird Banding 46:168-169. Zicus, M.C. 1981. Flock behavior and vulnerability to hunting of Canada geese nesting at Crex Meadows, Wisconsin. J. Wildl. Manage. 45:830-841. 3M ... ,� . : . COSTS PER CAPTURE SITE* Salaries (program coordination and monitoring) Travel and shipping Miscellaneous (phone, boots, etc.) TOTAL 1990 1991 1992 1993 800 800 800 800 150 150 150 150 50 50 50 50 $ 1,000 1,000 1,000 1,000 *The City of Fridley authorizes transfer of funds between subaccounts. 3N Enqineermg s�W<< w.��t� Parks Streets Maintenance MEMORANDUM - ,, ;,� . � �., TO: William W. Burns, City Manager��:'� PW90-94 FROM: John G. Flora', Public Works Director DATE: March 9, 1990 BIIBJECT: Utility Cut Ordinance I have prepared a draft Ordinance No. 407 entitled, "Excavations in Public Street, Rights-of-Way and Easements". The purpose of this ordinance is to govern the repair of utility cuts made in our streets by other agencies. Because of poor compaction and adequate strength in utility cuts in the past, we have e�erienced depressions and settling in trenches and cuts in our streets. The ordinance establishes an improved system of patching as well as recording and minimizing the time of disruption to our travelled ways. We have reviewed the costs of the City in regards to staffs time administering the various requests for work in our rights-of-way and also the costs of operating and responding to the Gopher State One-Ca11 System in establishing a$100.00 permit fee. I have distributed copies of the ordinance to all the utility companies. Minnegasco and NSP are not too happy with the ordinance as written and specifically, object to the security portion of the ordinance which would require a$10,000.00 deposit. I have met with them and expect the Mirinegasco representative to attend the Council meeting to suggest that the franchise utility companies be exempt from providing a security deposit or, in the worse case scenario, be allowed to extend their $1,000.00 initial security over the entire year. Recommend the City Council receive the first reading of this ordinance. They may consider the position of Minnegasco and NSP in regards to the security deposit. Any change they desire we can accomplish prior to the second reading. JGF/ts Attachment 4 � •. � • .,•u � �• «- . `7� •;•�� � r� M' � �• • / I:r" s�•r• • :tl• � :tl :t4� :r1;lr. � . •: �. � ' 1 : 'l:ri` C:i - •)' ,.�, I� :e�� Gi:r I?I 'Ille City �il of the City of Fridley does hereby oYd,ain as follo�ws: 407.01 P[TRF�OBE The p�n�ose of this ordin�nve is to gavern excavations within public streets on public ric�t-of�ways arid easements by utility vc�anies c'ievelapexs oontractors and ather persons within the City of FYidley. 407 . 02 li'�CfJIATIa[d In order to prvtec�t Qublic health safety ar�d w�elfare and to preserve the lic streets utilities and other of the Ci the Direct�or of Public Works is authorized and direc.-�ted to establish reaulations nertainina to excavations within public streets on public ric,�t-of�wavs ar�d eas�nts within the Citv. 407.03 D�'II1ITI�8 Applicant shall mean utility c�anies includina but not limited to Minr�egasco Inc ; Northern States Pbw�er C�o�npany: all develapers vontractors builders. praperty vwners or other pe.rsons requesting an excavation ��+;t to do wnrk in the public streets on public ric,�t-of�ravs and ea.sements within the Citv. Director shall mean the person holding the offioe of Direc.�tror of Public Works, or ariy r.�erson assigned bv him to enforoe the te,tms of this ordirs�nce. 407.04 F�lOQ�VATIO�T PERl�IIT No applicant shall dig ua break excavate tunnel under w�dermine, or in arrv other manner do excavation n street alle sidewalk bikewa curb or c�utter driv�way boailevard, or other,public plaoe or make or cause to be made ariy excavation in or w�dex the surfaoe of said public street on a ric�t- of the public street, withait obtaining an excavation nermit. 407.05 APPLIC�iTI�T An application for the Diractor. The the Dir�ector. 407.06 ISS@�ii� OF PE[iNIIT If the Direct.or finds that the applicant has satisfied the rerniire�►ents of this on3inanoe and if it ar.x�ears that the applicant can oonq�lv with current regulations established bv the Director then the Director shall issue a written permit. . � O�DII�1�'E I�U. Page R1�ld 407.07 F�iVATI�T PE[i'NIIT I+EES or c�rctes relatinq to the prapoeed oo�stniction wr�rk. In addition, the applicant shall pav to the City for eac� reinspection reyuired after the oan�le�tion of the constn�ction as prwided in Q�apter 11 of this oode. 407.08 SBCfJRIR'�f F�OR �Z�'1'IOId OF �VATIaId Upon approval of an apQlication the applicant shall deposit with the Citv cash in the form of a certified checJc or a oonstruction bond. in the amount of oonstruction is ooatq�leted ar�d for a neriod of 12 months thereafter to Uuarantee that the restoration w�rk has been satisfaetorilv con�leted. After the denosit of the security the applicant may then pr�ooeed with the within the time specified in the pezmit the City may pY�ooee�d to oonq�lete the excavation ar�d restoration w�ork ar�d the oost of said w�rk nlus ac�ministrative oost shall be cleducted frcan the securitv. If the restoration w�ork done the a licarit needs ir as deteYmined the DirectAr durirXr the 12 morith guarant� period. the applicant shall do all r�ece.ssarv repair wnrk In the ever�t the applicant fails or refuses to do the neoessary repair wurk the City may do said wnrk and the vost of the renair wnrk plus achninistrative expense shall be deduc.�ted fro�n the securitv. Upon c�o�letion of the �storation of the site ar�d after the 12 month guarantee t�ex'iod the security or the balanoe thereof recna;n;� shall be reftu�ded to the avnlicant. In the event that restoration c�ost shall exc�eed the amaint f the securi the a�plicant shall be liable for ariy additi�al oosts. 407.09 O�I�'ilald At�ID Affisit�ID0�1�TP � iiORR Work shall prociress in an expeditiaus manner and shall be vo�leted a000n�ina to the te.rntis of the application ar�d pennit In the event the work is not beirx� perfoYmed in avoordar�oe with applicable reaulations, or shall vease or be ar�d renair the surfaoe In such eve.nt the enti.re oost plus achninistrative expenses for sixh work sha].1 be the liabilitv of and shall be t�aid bv. the applicant to whan the permit was issued. o�un�rx� rx�. �age �ree 407.10 BT� . PAVII� �t R'BS�ACII� Zhe City,of FYidley shall qive the utilit� oca�anies reasonable written natioe of �lans for street itmroveqnent where navinu or resurfacing of a permanent nature advanae of vonstruction to allvw the ocs�wanies tA make arYy neoessaYy additions alterations or r�pairs to its faci.lities prior to the sdleduled street within three ( 3) m�nths after vice��letion of the i.�ro�vement shall reauire an excavation pexmit a�xi shall be subject to an additional p�xmit c•harae of 51,000.00. 407.11 S� ALTI�1 the e�ne.rgency excavation after the permit has been issued. 4'I• 51' C.:� I�I' '.• � •; 1� ':rl:r: 11.10 Fees 407. F�ccavation in Public Streets, Ric�ts-of�ray ar�d E�.sements P�ermit Fee. . 100.00 Reinsgection Fee. 25.00+ (C�.sh oertified c3�ec�Jc or �tn�ction 1�FtCfi, 1990. WILLIAM J. NEE - 1�YOR ATl'ES'T: � �r r. . •. « �. �irst Readilxt• Nlarch 12. 1990 S� R�dinc� Publish• 4C Permit No. Actual Completion Date 4� CZTY OF FRZDLEY Excavation Permit Date of Application Date Permit Issued Applicant's Agency Applicant's Name Business Phone Address Emergency Phone Work Performed By Start Date Tentative Completion Date Location of Work Site Excavation Type: Open Cut Boring Jacking Tunneling Description: Length Width Area Depth Diameter Roadway Surface: Asphalt Concrete Gravel Other Purpose: Water Sewer Telephone Electric Gas Other Traffic Control Traffic Control Required? Attach copy of traffic control plan. Traffic Control Plan approved by: Comments: Securitv Type Amount S` Date Received Date Released READ GENERAL PROVISIONS ON REVERSE SIDE BEFORE SIGNING. Applicant Date AUTHORIZATION OF PERMIT Upon payment of penmit fee in the amount of $100.00 plus $25.00 per subsequent dispatch call and in consideration of the agreement to comply in all respects with Ordinance No. 407 and the regulations applicable covering such operations, permission is hereby granted for the work to be done in accordance with special precautions, as hereby stated: It is expressly understood that this permit is conditioned upon replacement of the surface to its proper condition in accordance with the appropriate rules and regulations and is secured by $1,000.00 bond or cash. Approved Date Insp.ection Record Inspection Date By Comments General Crovisio�s 4E 1. The City of Fridley does not guarantee the accuracy of utility tocations and elevstions. This data ia for informstion only snd s�ould be verified •t tAe site. 2. Permittee shatl be responsible tor all persorrxl, materials, construction equip�mcnt, clearx�p snd subcontractors. 3. Permittce sl+all be responsible for estsDlisAing safety measu�es to protect the public f�om any and all harm durin9 construction. Poor visibility or overnight use of barricsdes require lighted barricades. All iraffic control snd safety precautions shall be i� confora�ance with the Marwal on Unifona Traffic Control Devices and subject to review by the Public Works Direccor prior to issusr►ce of a permit. 4. A permit siust be obtained at least two (2> �orking days prior to commencert�ent of work. The Engineerin9 Oept. must be notified one (t) workin9 before Degi ming work. S. Permit is valid for the dates and extent of ►rork listed. Supplemental permits must be obtained if the time of completion or extent of �ork chenges from that tisted. 6. The inspector mey require caipaction tests at the expense of *.he permittee and may require nonconforming �asteriels or construction to be removed snd replsced at the expense of the Permitiee. T. Permittee shall be responsible for the uork for a period of one year after completion of work pursusnt to the permit. 8. Permittce sgrees to hold the City of Fridley harmless fram any and all claims which might arise fran the construction, maintensnce and any other activities related to the Permittee's work and facilities. In accepting this permit the applicant, representing the Permittee, verifies that all the foregoing provisions have been read and understood. Also, that the applicant has the authority to sign for and bind the Permittee, and that by virtue of the applicant's signature, the Permittee is bound by and agrees to comply with all City ordinances, state laws and provisions herein regarding such construction and activities pursuant to this permit. SAw CUT PAVEMENT EOGE ExlSiir�G CONCRETE Pavir�G 1 "- 0" - - (TYP.) � `:_;�:';;:. -- �:;: COM?a,CrEO BaC�c�L! �r�� `: (95% t�tOC�FIED PROCTORj � _..__.._ ... __ . ............... .._ .__. __ . _ .. .. ... ;� STREET CUT P,EPAIR (CONCRETE STREET) SAw CuT PnvEMENT EDGE EXISTiNC ASPHALT PAVINC /iiiiri/iG f . EXISTiNG GRAVEL -o 0 0-0 BASE °'°°°°°° se� ., _� ��� � � �-0� � COMPACTED 8AQ(FlLL — (957. MODIFIED PROCTOR) " OF NEW CONCRETE PAVINC - SAW CUT PAVE►.�ENT EOGE UNDISTUR6ED SOIL UTIUTY 6" OF NEW ASPHALT PAVING r- SAW CUT PAVEMENT EDCE 8" OF NEW CIASS S BASE (COMPACTED 957. MODIFIED PROCTOR) - � UNOISTURBED SOIL 's�--UTIUTY STREET CUT REPAIR (BITUMINOUS STREET� Engi�Seenng sewe� Water Parks Streefs Ma�ntenance MEMORANDUM ` � .�. TO: William W. Burns,, ity Managerq��� PW90-90 W FROM: Mark A. Winson�sst. Public Works Director DATE: March 2, 1990 SIIBJECT: Tax Forfeit Parcel No. 54 At the February 26, 1990, meeting, the City Council tabled discussion on the recommendation to Anoka County regarding disposition of Parcel No. 54 so that staff could provide more information on the adjacent lots. Parcel No. 54 is a vacant parcel (Lot 11, Block 12, Springbrook Park) on Liberty Street east of Ashton Avenue. The lot and adjacent lots are zoned M-1, Light Industrial. The staff recommendation is tha� the tax forfeit parcel be combined with adjacent parcels. The parcels to the east are currently tax forfeit and the property to the west (Lots 9 and 10) have the same owner. The adjacent parcels are vacant. Recommend the Council approve the staff recommendation MAw/ts 5 / � CfiYOF FiilIX.k.Y �- 7 � � - h ,� - -•�-- � � I � � - _. � � � - � � 5 I 1 -�� � � � ---�-- --�� -- ------�= � �, . . , , :.. ,� N . � • ,�! ^ : � +� A _,�y w ..1...w �..`..= i. � �n �� � ~ N �► �e} , �\ w � t � \ i � �' '� � �/� N � . �• � � � t N l�! � � '^ r � � � � w w' • : s � r : ; t [ , � �+ ' �n ,' � � t � i e t � � !Y' •\ '�` . (~�. �v ` Q', ` � _ � ��� � v � ` . w � . �' � � � \ \ �S� � ' � • : � 3 � � • ; � .I� e �. i � ,' ' �/� v * + � � h M � �f � . �,�, . ,�: � � w � � �/ v , ` , � f � � � I� � � �,�. �� - • ., .� �w• � „� � . �� ., � ���N h � • . � � ,I � & � : ,h � ,,,\ � � � ' , �! 1• : �j , . � � . • � 1 �' � f• . L vr � � p a �1 �' - , , � � � � � � � � . v /� /� , � ; ; � . � • � v v : ii.� � � '1� : ' ' '� . � � � • � `� . ; ! ; ;o � . . : W : a c�f _ �► � � + W r v °� i � �Y �1 �eM w � i qv � ' � . � a s ��SL � \: � � ♦ : rI �,-. � � \, • \ • H�/� � ,�c. S' V/ z �+ �''i� ♦ v � � � � � , V �.� : v! _ � ! t � r . � : . = � e � � V1 ! ��. �� 1p i i r i �q ► • � V1 � � i e � • � �' r � r � � ` �. � ` � � ` � � v^ \ i 'v� � . � U1 r a A a �1 e . lv 4 s � ! � � �N � � � i� � • ��v ? i • ' !1 I � e o� � � • � ii • ... '� � � � '�� .�_ v �♦ �' , 'N '3Ad „. NOlHSd '; � � o •"' ` . • �. � * w �� w k 3 ,� � h � w�.. ; '� � � : � w v � + �� J t, t ,� � � � • . � c � ,.�'� ! � � � . i s � � : �� , : ; �. i � � - � .r_ : , � \ c � � � ♦ � '1 � rt � ' fri► .. 1� ti� c� q� . 3 � � � � � . i_ ti it � . � ` � h �. � •• r �-:r. �."' ..r , � � � v v , �.,� :��.� � a ^ ,,, � � ,� `, .^. "o " ' o. �,,� ^+ ; � ;" �� �� � �� ", � r � ,. � �9 � �' � ~ t • y . �' �� . � w 1 Q � ,- .' �;i i �' � ,� � � t � � � ♦ 0 p � � N �' � � a, � \ � ` . , v � . i �' ` u ; � � ��../ Q � i � �� f \ 'q � �l c. P� i �. � + � � ` � � � \ � q� �./ A m R � � � I �� � C � V /� :,�/ • � , — v . � � : � `l' p� � .� `� � : � v� '1 � � � � •�'� �w a t •� � � ^ + v Or '� �* r1 y T r\ ' � �' • � e� i!� � I �� � � �,� ' � .�+ � �1 `l. o ,i . � w f ` • • L1J `�' ' A o � + ` �• `M � : �! � ' � ^ , , �'' ` v O�T n V� ► � .� , � . .1 �` Yj � �� ` � � •�� ' '�' ~ O 'e ° '^ r W '+ � •� T J � �c o7 � �. • •� �- �� a \ , � ^ r' ' ! . .w. n, + `\` + _ ° �i• � � � •� � �` �" w � �. � ,� i e � ^� � � V • � � � , : � �' �.. 7 S Y � .. � tY � ti � `��� 2 '? �°`' V w � w'� ` � � '',?' + � , . .��• q v ^ r/�� 9 �b, . , rNina •- � - � h. ° � ,J,, .�� a i33als ,� � •� � ,- 'y ., � � � �v , : . " ,�; 4 y 1� ' �� s �' p� k �V � �� � ` N . . : A � � ; �t/ � �� �� O� � /�y� .�b/ L g � f : i �'1 • �J � � � ^ �, b M � �,� . N F 4 ` �{I.� /\ �\ . � 1 �'M �% � � �' a�. 2���.. � � 'a, • • V ` • .�/ h� � ' K ^^ � � as � � ; '�' m � i ~ � . � �• � g w � , � � \ , 7, � •' d ,�� M � •` j k �. �, i '_. 4• y� � c • t i � ^ \ � :� ` � Q, . w 'R� ; Q � � • ,�. ^ R J y , `q • \ ^ � w * v f• � •S * �`. 4�r. ew' ; �A ����' ,�� d '�.` � ti ,� � ` �` � :' --1 � .,, � � � �� _ `� . ' � : v � t ` � � ` � � � • �. � °T °� N . � _ � , , "� : `+ � �, � j t . � � 1 �' i �/ ^ It ° . .t �� � rJ � h : � • � � � �I'� IM_R 5 '^� �, ` {� � � 'Y. �nt � � � v ' f • .� ._ . _ ,. ,;�1 i �. � � 0 : a : f � \ ' ~� � �'�l l _ - � i ..� \ .� _ w� i � �v ` , _. . _ ` Q __... __._ .- __ I� .. � E„�3��,����„�� s� W��� w,��<�� Varks Strtc t5 Ma�ntctie:�ce MEMORANDUM - �r �� . TO: William W. Burns, City Manager��, PW90-93 FROM: John G. Flora,�Public Works Director Bob Nordahl, Operations Analyst DATE: March 6, 1990 SIIBJECT: Fridley Municipal Center Improvement Project No. 189 - Change Order No. 16 Change Order No. 16 consists of contract adjustments for the following subcontractor's final billings. The contract extra to Granote Iron, Inc. for $91�.15 is the final settlement for extra work called for by Bossardt-Christenson to complete the outside steel work. Gammon Brothers, Inc. was a deduct of $632.50 on Change Order No. 15. This was incorrect to process on a change order. By adding this amount back on Change Order No. 16, it will bring the contract back to a zero balance. Also, Environ-Con, Inc. deduct of $1,200.00 on Change Order No. 12 was incorrect. Again, by adding back this amount on Change Order No. 16, the contract will be a zero balance. Change Order No. 16 includes a contract deduct of ($31.00) to Nardini Fire Equipment to adjust to the correct contract amount. Also, this change order includes a contract deduct of ($36.00) to Glewwe Doors to correct sales tax charges to the City. Recommend the City Council approve Change Order No. 16 to the Fridley Municipal Center Improvement Project No. 189. JGF/BN/ts Attachment LJ i- •. � • CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVE., N.E. FRIDLEY. MN 55432 March 12, 1990 � Kraus-Anderson C�nst. Co. 525 So. Eighth St. Minneapolis, MN 55404 SUBJECT: Change Order No. 16 - Structural Steel Extra and Contract Adjustments Fridley Municipal Center Improvement Project No. 189 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Fridley Municipal Center tmprovement Project No. 189 by adding the foliowing work: CONTRACT EXTRA: Granote Iron, Inc. CORRECTION TO CHANGE ORDER NO. 15: Gammon Bros., Inc. CORRECTION TO CHANGE ORDER NO. 12 Environ-Con, inc. CONTRACT DEDUCT: Nardini Fire Equipment. CONTRACT DEDUCT: SALES TAX Glewwe Doors 917.15 Subtotal 632.50 Subtotai 1,200.00 Subtotat 3{ 1.001 Subtotal 36.00 Subtotat . � 917.15 632.50 1,200.00 (31.00) 3l s.00) TOTAL ADDITIONS FOR CHANGE ORDER NO. 16. ...... $2,682.65 10-Oct-89 EXPBOTFi i � CITY 8� HRA BALANCE 19t�5 1986 1987 1988 1989 TOTAL TO FINISH REVENUES TRANSFERS GEN. FUND - ENCUMB 358,304.00 ' r8,�•� CIVIC CTR BOND FUND 599,044.10 599,044.10 GEN. FUND-FUND BAL. 5250,000.00 �467,452.00 � 5717,452.00 CABLE T.V. 340,967.00 540,967•00 CAP.IMPROVEMENT �250,000.00 31,254,410.00 51,504,410.00 CAP. IMP. - FURN. 5333,091.00 5333,091.00 HRA �297,615.16 a417,110.16 5714,725.32 � INTEREST EARNINGS S48,800.00 543,594.30 525,502.09 St 17,896.39 CASHED BID BOND 54,000.00 54,000•00 TOTAL REVENUES 5500.000.00 5107.104.00 �'1d2,636.40 ' 52.423.037.25 5417,110.16 53.589.889.81 30.00 EXPENDITURES a BOARMAN & ASSOCtATES 5600.00 55,475.73 563,229.79 �257,336.64 �30,384.84 $357,027.00 � ELECTRONIC INTERIORS 52,550.00 55,114.87 51,158.00 58,822.87 � 5 �� 5/� �. ELECTROSONIC, INC. 5114,418.22 �t 14,418.22 S40 0 0 � BOSSARDT CHRISTENSON 549,179.87 349,119.87 � 5 s� 3 r, g5 KRAUS ANDERSON 542,500.00 342,500.00 TEXSCAN MSi CORP 56,980.84 56,980.84 PINK COMPANlES 5396,145.91 5396,145.91 528,000.00 CONST. EXP. INCLUDING GENERAL EXPENSES 51,380,402.69 51,859,013.50 53,239,416.19 5570,519.20 MISCELLANEOUS CHA{RS - ROLL CALL 8 MGRS OFFICE ' S10,168.58 510,168.58 CONFERENCE TABLE & VISUAL BOARD 55,158.00 35,158.00 CHAIRS/ CNCIL CHAMBERS $7,115.55 57,115.55 VERTICAL BLINDS �4,572.00 34,572.00 $508.00 FIRE STATION RECLINERS 51,579.00 51,579.00 TWIN CITY TESTING- RAMP 5506.46 5506.46 CARPET TREAD MAT 5957.00 3957.00 ACCESS CONTROL CARDS 5994.42 5994.42 MiSC. 5299.30 a�9•� . WATER METER 3304.53 5304.53 PRINT PARIUNG TICKETS 393.98 �93.98 ADVERTISING - PHONES 5193.45 5193.45 TASK LIGHTING 583.19 383.19 INTERIOR SIGNAGE ���5•� TOTAL EXPEND�TURES < �600.00 475:7 �6,079.09 31.693.353.42 �2.474,94$.12 �4.246.456.36 ' �639.027.20 BALANCE (SHORIFALL) ';499,400.00 3101,628.27 576.559.31 ` !;723,683.83 (52.057.837.96) iS656.566.5Si (S639A27.20) 10-Oct-89 EXPENSE 1985 REVENUES TRANSFERS GEN. FUND - ENCUMB CIVIC CTR BOND FUND GEN. FUND-FUND BAL. 5250,000.00 CABLE T.V. CAP.IMPROVEMENT $250,000.00 CAP. IMP. - FURN. MRA C(TY SHARE 1986 1987 1988 558�304.00 599,044.10 5467,452.00 540,967.00 51,254,410.00 5333,091.00 BALANCE 1989 TOTAL TO FINISH S58 �304.00 599,044.10 5717,452.00 340,967.00 � 1,504,410.00 a333,091.00 �0.00 lNTEREST EARNINGS 548,800.00 S43,594.30 525,502.09 St 17,896.39 CASHED BID BOND 54,000.00 54,000.00 TOTAL REVENUES 3500,000.00 �107.104.00 S'142.638.40 52.125.422.09 �0.00 �2.875.164.49 �0.00 EXPENDITURES BOARMAN & ASSOCIA7ES 3600.00 55,475.73 563,229.79 $217,599:23 327,659.48 a314,564.23 ELECTRONIC INTERIORS 32,550.00 52,530.12 51,158.00 56,238.12 ELECTROSON�C, INC. 5114,418.22 Si 14,418.22 $40,000.00 BOSSARDT CHRISTENSON 549,119.87 549,119.87 KRAUS ANDERSON 542,500.00 542,500.00 TEXSCAN MSI CORP 56,980.84 56,980.84 PINK COMPANIES 5396,145.91 5396,145.91 528,000.00 CONST. EXP. INCLUDING GENERAL EXPENSES 51,125,109.69 51,444,628.70 52,569,738.39 5341,689.00 MISCELLANEOUS CHA1R5 - ROLL CALL 8� MGRS OFFICE 310,168.58 310,168.58 CONFERENGE TABLE 8� VISUAL BOARD 35,158.00 55,158.00 CHAIRS/ CNCIL CHAMBERS $7,115.55 37,115.55 VERTICAL BLINDS 54,572.00 �4.572.00 5508.00 FIRE STATION RECLINERS 31,579.00 51,579.00 TWIN CITY TESTING- RAMP 5506.46 3506.46 CARPET TREAD MAT 5957.00 3957.00 ACCESS COi�fTROL CARDS 5994.42 S994.42 MISC. �299.30 5299.30 WATER METER 5304.53 5304.53 PRINT PARF4NG TICKETS 593.98 393.98 ADVERTISING - PHONES 5193.45 5193.45 TASK LIGFffING 383.19 583.19 1NTERIOR SIGNAGE ���5•� TOTALDff'ENDfTURES :660(f:0a �475.73 �66,079.09 51.409,738.26 �2.057.837.96 �3.531.731.04 �A10,197.00 __ _ BALANCE (SHORTFALL) �499,400.00 51�1,528.27 376.559.31 ;T23.683.83 (52.057.837.96) tS656.566.5�; (5410.197.00) � o-oc�-ss EXPHRA REVENUES TRANSFERS GEN. FUND - ENCUMB CIVIC CTR BOND FUND GEN. FUND-FUND BAL. CABLE T.V. CAP. {MPROVEMENT CAP, tMP. - FURN. HRA INTEREST EARNINGS CASHED BID BOND TOTAL REVENUES EXPENDITURES BOARMAN 8� ASSOCIATES ELECTRONIC INTERIORS ELEC7ROSONIC, INC. BOSSARDT CHRISTENSON KRAUS ANDERSON TEXSCAN MSI CORP PINK COMPANIES CONST. EXP. INCLUDING GENERAL EXPENSES MISCELLANEOUS CHAIRS - ROLL CALL 8 MGRS OFFICE CONFERENCE TABLE 8� VISUAL BOARD CHA1RSi CNCIL CHAMBERS VERTICAL 8L1NDS FIRE STATION RECUNERS TWIN CITY TESTING- RAMP CARPET TREAD MAT ACCESS CONTROL CARDS MISC. WATER METER PRINT PARIaNG TICKETS ADVERTISiNG - PHONES TASK LIGFiTfNG 1985 �0.00 HRA SHARE 1986 1987 1988 1989 TOTAL ao.00 50.00 50.00 �0.00 50.00 50.00 �297,615.16 5417,110.16 $714,725.32 ao.00 ao.00 50.00 50.00 , 3297.615.16 5417.i10.16 �714,725.32 539.737.a� 52,725.36 $2,584.75 5255,293.00 5414,384.80 BALANCE TO FiNISH 50.00 $42.462.77 52,584.75 30.00 $0.00 50.00 50.00 so.00 5669,677.80 5228,830.20 30.00 50.00 50.00 30.00 30.00 50.00 50.00 50.00 ao.00 ao.00 ao.00 50.00 30.00 __. _ _ _ TOTAL EXPENDITURES S(i.00 ;50.�0 SO.QO $297.615.16 5417;110.16 �714.725.3� ;<�228.83Q.20 BAL.ANCE (SHORTFALL) 'i0.00 ` 30.00 ' i0.00 (50.00) �0.00 _ '(30.00) ';(5228,830.20) Tom Sackett Kraus-Anderson Const. Co. Change Order No. 16 March 12, 1990 Page Two TOTAL ORIGINAL CONTRACTS Contract Adjustments Park Settlement Subtotal Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Change Order No. 6 Change Order No. 7 Change Order No. 8 Change Order No. 9 Change Order No. 10 Change Order No. 11 Change Order No. 12 Change Order No. 13 Change Order No. 14 Change Order No. 15 Change Order No. 16 TOTAL CHANGE ORDERS TOTAL CONSTRUCTION CONTRACTS 8 ADJUSTMENTS : MUNICIPAL CENTER 2,204,391.00 (8,049.00) 0.00 2,196,342.00 13,374.00 8,834.00 30,700.00 25,000.00 32,597.43 33,673.00 12,817.00 3,323.00 (9,700.00) 580.00 18,820.00 8,896.00 1,182.00 (6,987.31) 2,050.15 $175,159.27 $2,371,501.27 �• : FIRE STATION RAMP 226,786.00 712,500.00 580.00 4,846.00 0.00 29.202.Ot3 227,366.00 746,548.OQ 2,596.00 8,793.00 6,000.00 4,319.00 1,784.16 3,375.00 549.00 (2,972.00) 3,170.00 375.00 0.00 $27.989.16 $255,355.16 8,975.00 3,530.00 15,220.00 3,859.00 35.00 41,531.00 1,870.00 (6,071.00) 47.00 632.50 $69,628.50 $816,176.50 Subrr �tted and approved by John G. Fiora, Public Works Director, on the 12th day of March, 1990. � � \ c'"�_,''�•`�r�( � ? c.� ti �-�.�� P�epared by 'v� r. ,, . C � d by � ' V/ �' � ��''��/ZL. J . Flora, P.E. Director of Public Works ,• Tom Sackett Kraus-Anderson Const. Co. Change Order No. 16 March 12, 1990 Page Three sc Recommend this day of , 1990, by KRAUS-ANDERSON CONST. CO. Tom Sackett, Project Manager Approved and accepted this 12th day of March, 1990. CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager IEngineenng �ISewer Water ParkS Streets Mainlenance MEMORANDUM - �_ �� TO: William W. Burns, City Manager����y PW90-102 FROM: John G. F1ora,�Director of Public Works DATE: March 8, 1990 SIIBJECT: Recommendation to Award Contract for Repair of Well No. 3 On Thursday, March 8, 1990, bids were received and opened for Repair of Well No. 3, Project No. 203. Five (5) well companies received specifications and bid the Repair of Well No. 3. (see attached bid tabulation) The apparent low bid is from E.H. Renner and Sons, Inc., for $22,956.00. The bids are currently being reviewed by the Public Works Staff and the final recommendation to award the contract will be forthcoming at the Council Meeting on Monday, March 12, 1990. If you need additional information, please let me know. JGF/kn Attachment 7 , ;- • •. � � '� FOR CONCURRENCE BY THE CITY COUNCIL MARCH 12, 1990 ELECTRICAL FMC 4800 East River Road Fridley, MN 55421 By: John Hartman GAS SERVICES Berghorst Plumbing & Heating Co. 10732 Hanson Boulevard N.W. Coon Rapids, MN 55433 By: Keith Zimmerman DelMar Furnace Exchange Inc. 4080 - 83rd Avenue North Brooklyn Park, MN 55443 By: Del Wischmann HEATING De1Mar Furnace Exchange Inc. 4080 - 83rd Avenue Brooklyn Park, MN 55443 By: Del Wischmann PLUMBING Berghorst Plumbing & Heating Co. 10732 Hanson Boulevard N.W. Coon Rapids, MN 55433 By: Keith Zimmerman FMC 4800 East River Road Fridley, MN 55421 Swanson & Schiager Plumbing 9809 Logan Avenue South Bloomington, MN 55431 SIGN ERECTOR Scenic Sign Corp. 828 South 5th Street Sauk Rapids, MN 56379 By: Dennis Waisanen By: Gordon Swanson By: Bob Gruber 10A LICE1�i8E8 State of Minn CLYDE WILEY Bldg/Meci'i Insp • Same CLYDE WILEY Bldg/Mech Insp• State of Minn Same State of Minn DARREL CLARK Chief B�.dg Ofcl t11 Cat < F H IJI U'1 � > � � a U �D ~ (Y 4-+r�0 � A � F- _ Z : Q12 O O 7 O U � O F CJ �0 G < S U F U � .1 M ..J .r W � w n y a .'1- J U O_ O< �+< 41 �. > .-I s co c < i .-, z W ti F 2 W U U > U J < F 0 F N Q� .� B �0 � n � N mmmmmm�m�mmmm�mmmm��mmam Q1mtf18•�f'If'fQ1{�.f7mY7�DY1�0� V' V'9f'�Ot�mY'1 Q1 ('7mm�0•r.r.yC�l�.-�m�9�'Q�1�01�001@ W Q1 a0 � a N a m m.ti B l� �� a N N �0 /A N!� N•� U'1 N m Y7 N ti �O �' � •w ! .r ! � .-i IPl .-� N Y7 W(P a aaawa a aa N IIINN/11 � 6� B B m B B B B � B i B m m m m m A <� c o. �� a� � � � c�•f � C�+ OC � N = �O � T� •� f') GO N .ti r� C N� �0 �Yf a N fV U9 � a m� N N (P 11/ i Q1 i i N � N Q� i ni W f'f F < ('I � .-� x co U VI CO N N � 2 O a' i 1 (i� F'1 � F � C F � M I F-1 �' U � 4. 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