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'`' f i:.9� � � . . . . - - '�..,� . � . � � � � . . � . � � . . . � .. . � . � . . . . . z � . . � � �� . � . �� r �S.n : �� u',, �� _ � � �z� . . . . .. . . n� ar , �? . � . � . , � . . ... :e 2�� _ . � . � . . � �`;,'�`'��RF . SY� '�y f Y.�.�f r� . bz`s�� ?'.�� '�_� :: . . *;;. � _ , . _ � � , .. ��. � t `, tt �� ,�. �� ; � �°' �' r.' � ?�F A p�r � ,, a ; '�� a �� -ri!�c �� t ±n �E �� t� . �5i . . . . , , , -_ � . • FRIDLBY CITY COIINCIL MEETING ATTENDENCE SHEET MONDAY A�1ta�:,�. 26 , ] 9g0 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEAR Y) ADDRESS NUMBER �� I� �e�d�h /�"3 i'U�r �`� e�-r ��1� , � G � � �'> �,��' � � � �': , ��9QoL � C � �,z i � (��i � 1 a-d � S� rv . G , �rw � �` � ,/ � r�c �/a, t d J� � ' �o � � a � � 4�. �U �. � � � n� � .� �d ��1 -�-� �.:� �'� � � �� . � ��n� - �- �U �Y�. �� . , . �.� � � �c� �.�i V .�� - ! �I � - a-�. �l ve i�� C�( �--� �5"- s �j , i �O l r �' �� r1 Yl.� �/J-C�0 �� v' � e�►�; t rc� � � � � .� va r /r vr� � s? -`'r� -e r� � n � l v � �4 �c� � ' � r �� e� � T� �c,� d i�r.-C: CQ �(o t � uJ r,�c..�< u l�lZc= uA�� t% �/�f C� i4 � PR ; c.. H Ul �- /� �iE' c �.�6 � c r NC ✓ St' �- �-- t.l . � .� v../ ,��,J ;� �� ' .�� ? a � S � � c� �� . - 3j� C��ryl �� #.:3 . FRIDLEY CiTY COIINCIL MEETING, MARCH 26, 1990 Paqe 2 OLD BIISINE88: Second Reading of an Ordinance � Adopting New Chapter 407, �,�, Entitled, "Excavations in ��- Public Streets, Rights-of-Way and Easements" . . . . . . . . . . . . . . . . . 1 - lE ! Uv � Consideration of Appointments to City Commissions . . . . . . . . . . . . . . . 2 - 2A NEW BUSINE88: Resolution Providing for Payment of Prevailing Wages . . . _.---�-r—.--�-..� . . . 3 .� Uv � � �� I First Reading of an Ordin e � f�" Amending Sections 7.04, 7.05, 7.07, and 7.09 of the Fridley City Charter . . . . . . . . . . . . . . . . . . 4 - 4B / FRIDLEY CITY COIINCIL MEETING, MARCH Z6, 1990 NEW BIISINESS (CONTINUED): Receive the Minutes of the Planning Commission Meeting of March 14, 1990 . . . . . . . . . . . . . . . . . . 5 - 5FF A. Special Use Permit, SP #90-02, to Allow a Day Care Center in a Church, the Same Being 755 - 73rd Avenue N.E. (Grace Evangelical Free Church), by 123-ABC Learning Center ....... 5 - 5D 5P - 5W �� B. Set Public Hearing for April 9, 1990, for a Rezoning, ZOA � #90-01, to Rezone From R-1, � Single Family Dwelling, to C-1, Local Business, Generally Located at 6443 East River Road N.E. (Spur Station), by Murphy Oil Co. ................ 5D - 5F 5X - 5FF Receive an Item from the Minutes of the Appeals Commission Meeting of March 6, 1990 . . . . . . . . . . . . . . . . 6 - 6F A. Variance Request, VAR #90-03, to Reduce the Parking Lot Setback from any Street Right-of-Way from the Required 20 Feet to 18.5 Feet and 8 Feet, on Lot 1, Block 4, University Industrial Park, the Same Being 8090 Rancher's Road N.E. � .� � �� Paqe 3 FRIDLEY CiTY COIINCIL MEETiNG, MARCH 26, 1990 Paqe 4 NEW BIISINE88 (CONTINIIED): Receive Bids and Award Contract for Corridor Maintenance Project �'' No. 199 . . . . . . . . . . . . . . . . . . . . 7 - 7B � / � � Receive Bids and Award Contract �,�"- for Purchase of Two (2) Park Diesel Tractors and Brooms . . . . . . . . . . . 8 - 8B � ` � � �� Approval of Contract with Howard, Needles, Tammen & � Bergendoff (HNTB) for the Design and Improvements to � Well No. 12 and 63rd Avenue `a� Booster Station Project No. 204 . . . . . . . . 9 - 9H � � U Approval of Yard Waste Transfer ,� _ Contract . . . . . . . . . . . . . . . . . . . . lo lOB d V' f ___ FRIDLEY CITY COIINCIL MEETING, MARCH Z6, 1990 Paqe 5 NEW BIISINESS (CONTINOED)t �� Authorization to Trade 1990 Community Development Block Grant Funds with Burns Township . . . . . . . . . 11 i Resolution Ordering Improvement �,� and Advertisement for Bids for � the Flannery Park Shelter Project No. 206 . . . . . . . . . . . . . . . . . . . . 12 - 12D Claims . . . . . . . . . . . . . . . . . . . . . 13 � Licenses . . . . . . . . . . . . . . . . . . . . 14 - 14C � Esti.mates . . . . . . . . . . . . . . . . . . . . 15 - 15E � � ADJOIIRN: / � ♦ FAIR HOUSING MONTH APRII.,1990 Wiliiam J. Nee Mayor Fridley, MN � WHEREAS, twenty-one years ago in Title VIII of the Civil Rights Act of 1968, the Fair Housing Law, Congress declared a national policy of providing fair housing throughout the United States; and WHEREAS, on March 12, 1989, Federal Fair Housing Amendments eztended fair housing protection against discrimination; and WHEREAS, these laws make discrimination based on race, sex, color, religion, or national origin illegal in connection with the sale or rental of housing; and WHEREAS, the ANOKA COUNTY ASSOCIATION OF REALTORS is a signatory to the Voluntary A�rmative Marketing Agreement, a contract with the Department ofHousing and Urban Development, to implement Title VIII of the Civil Rights Act of 1968; and WHEREAS, the Anoka Counry Community Housing Resource Board was established to assist the ANOKA COUN7Y ASSOCIATION OF REALTORS in implementing the Voluntary Affirmative Marketing Agreement; and WHEREAS, the ANOKA COUNTY ASSOCIA770N OF REALTORS and the ANOKA COUMY COMMUNITY HOUSING RESOURCE BOARD are committed to a joint e, fj`'ort to prevent discriminating housing practices in the City of Fridley; and WHEREAS, the ANOKA COUN7Y COMMUNI7Y HOUSING RESOURCE BDARD and the ANOKA COUNTY ASSOCIATION OF REALTORS are joining fellow Resource Boards and Realtors nationwide in this year's observance called Fair Housing Month; NOW THEREFORE BE IT RESOLVED, that I, William J. Nee, Mayor of the City of Fridley, hereby proclaim April, 1990, as FAIR HOUSING MONTH I urge my fellow citizens to join with theANOKA COUN7Y COMMUNI7YHOUSING RESOURCEBOARD and the ANOKA COUN7YASSOCIATION OF REALTORS in this observance by taking an active part in programs sponsored by these two organizations, who this month and throughout the year, are taking an active role in helpi»g make Fridley a better place to live and work IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 26th day of March,1990. WILLIAM J. NEE, MAYOR -:�; a; �% � ��.�' � = � �,'� . . 3 '' T�.;� k.� � . :�..t t�� . . � .. . S_, R �•�y'�,�, ": . ' �� . � 5 , �,�� r� = . . . � . � .. . 3 /.; � . . . ...��, -�. ..�'..; ?,'�. . ., �'� � � � . .- . . � .. . . � - . . . . � - �" �'$ °- �.`� . . . . . � - . . � '7'. T88 l�iI�1IIT88 OF T� ''RZDLEY CIT!Y C00�!fCZL �� i�f" ;; � � , ti lt�1RC8 12, 18.90 ': � � .'` � ' . : x ,, , Pr£�f '#y �;, .� „ - � � .'� ..� t, , �: ., , : '� `�- ; � ��:: ' .� : �:_ . �;;; .� � 4, � � �: 4 . . . . 1'.` ; .t�^ t;. '�G T � . �. � � � .� �:.�� Y � . . . � ' � � � . �� ♦^ � � � � � , a. _ . � . , . . � . . � � l « � �aF- *�3 . � � � Y s,� a. � � . �I' . � . .. . . Y ._ _ . . - . .. � . F * � }§ - - _ . ' ... _., _ _ s.+�.1u31'.siti'�-_�n � .,. � THE MINIIT88 OF THB REGIILAR MEETING OF TH$ FRIDLLY CITY COIINCIL OF MARCB 12. 1990 The Regular Meeting of the Fridley City Council was called to order at 7:34 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, Councilman Billings, Councilman Fitzpatrick, Counczlman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None PRESENTATION OF PROCLAMATION: GIRL SCOUT WEEK - MARCH 11 - 17. 1990: Mayor Nee issued a proclamation proclaiming March 11 through 17, 1990 as Girl Scout Week in the City of Fridley. He asked that this proclamation be forwarded to the Girl Scout representatives. APPROVAL OF MINUTES: COUNCIL MEETING� DECEMBER 18, 1989: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING, FEBRUARY 26. 1990: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SPECIAL COUNCIL MEETING, MARCH 7. 1990: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETINQ OF MARCH 12. 1990 PAQE 2 OPEN FORUM. VISITORS: Ms. Pat Bender, 100 Satellite Lane, questioned how old a person has to be before they could be employed in a restaurant where liquor is sold. She stated her daughter was employed at Joe DiMaggio's as a hostess, but was dismissed because she was 16. Mayor Nee stated in checking the law, employees must be 18 except for musicians, bus boys, and dishwashers. He stated Ms. Bender asked if she could bring this matter before the Council to see if some accommodation could be made to include hostesses. Mr. Herrick, City Attorney, stated there is a State statute which should be checked. Ms. Bender stated she questions why a bus boy or dishwasher can be under the age of 18 and a hostess cannot. Councilman Billings stated the State statute indicates a person must be 18 in order to serve liquor. He stated there is also a State statute that regulates the working hours of persons who are under age. The Council agreed the City Attorney's office should research this question. PUBLIC HEARING• 1. PUBLIC HEARING ON AN ORDINANCE AMENDING SECTIONS 7.04, 7.05. 7.07, AND 7.09 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Billings to open 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 opened at 7:47 p.m. Mr. Hunt, Assistant to the City Manager, stated the Charter Commission has recommended amendments to certain sections of the Charter relating to the budget. He stated the Charter presently requires that the City budget be adopted by ordinance which requires two readings. He stated the amendment would allow the budget to be adopted by resolution so it could be done at one meeting, rather than a public hearing and two readings. Mr. Hunt stated the amendment would also include that the budget estimates be presented at the last regular meeting in August, rather than the first meeting in August. He stated because the City does not receive information on State Aid until August 1, it would be premature to submit the budget estimates by the first meeting in August. FRIDLEY CITY COIINCIL MEETING OF MARCB 12, 1990 PAGE 3 Mr. Hunt stated the new State law calls for establishing the final budget between November 15 and December 20. He stated, previously, the budget had to be finalized in October. He stated the amendment states the budget has to be completed and levies certified in accordance with State law. Councilman Schneider stated it may be appropriate to take out all language that relates to specific dates. Mr. Hunt stated the Charter Commission did consider that option and rejected it because they felt there was some indication in the Charter that the citizens wanted an early review of the budget. Councilman Schneider stated the reality is the Council does not know in August what revenues will be received from the State which does not make the budget figures very meaningful. Mr. Hunt stated it is required that the figures be available to the City by August ist. Mayor Nee felt that even though this was not the case last year, this would probably change in the future. No other persons spoke regarding these proposed changes to the City Charter. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:52 p.m. OLD BUSINESS• 2. VARIANCE REOUEST. VAR #89-19. FRONT AND SIDE YARD SETBACK REQUESTS BY ORVILLE AND JEANNINE SACHS: Ms. Dacy, Planning Coordinator, stated the last time the City considered this request was September 18, 1989. She stated the request consists of three variances to allow the expansion of an existing garage. She stated the first variance is to reduce the side yard setback from 10 to 9.1 feet to bring the property into compliance with the City Code. Ms. Dacy stated two variances are necessary for the proposed garage e�ansion. She stated one variance is to reduce the front yard setback from 35 to 9.2 feet and the other variance is to reduce the side yard setback from 5 feet to 1 foot. Ms. Dacy stated at the September 18, 1989 meeting, the Council considered a revised request by the petitioner to re-direct the driveway to the west rather than on Hathaway Lane. She stated the petitioner indicated when they purchased their home, the survey they were given was wrong. She stated the Sachses purchased the FRIDLEY CITY COIINCIL MEETINa OF MARCB 12. 1990 PAGE 4 home with the thought they could add on to the existing garage. She stated the Council tabled this request on September 18, 1989, to allow the petitioner to investigate the possibility of expanding the garage into the City owned outlot to the east. Ms. Dacy stated another request was submitted to expand the garage to three stalls. She stated staff determined that approximately 40 feet of Outlot C would be necessary to accommodate the expansion of the garage. She stated the petitioner has determined that the acquisition of additional property is not within their budget plans and have requested the Council to make a final determination on the original request for the three variances. Ms. Dacy stated the Appeals Commission has reconunended that the variance for the side yard setback from 10 feet to 9.1 feet for the existing encroachment be approved and the other two variances be denied. Ms. Dacy stated there is another alternative or compromise that would not necessitate using 40 feet of Outlot C. She stated the Sachses could add on to the existing garage with two stalls which would require using only 10 feet of Outlot C. Mrs. Sachs, 1281 Hathaway Lane, stated at the September 18 meeting, she felt she was not prepared to make the proper presentation. She stated she wants to strictly address the variance for the garage and front of the house. Mrs. Sachs stated when they purchased this home from the Veterans Administration, which was a repossession, they asked the location of the lot and the drawing showed 12 feet so they assumed they had 12 feet to the lot line. She stated when they had the lot surveyed, they found they had only 6-1/2 feet, which did not leave room to expand the garage. Mrs. Sachs stated it was felt the only alternative would be to expand to the front of the home and use the existing single garage as a family room. She stated they would not have to change the roof line. Mrs. Sachs stated the original variance request proposed a driveway to the front and the neighbors objected, but it could be placed to the side. She stated if the garage were lowered another foot, it would be on the same level as the first floor of the home. Mrs. Sachs stated there is a home at 1333 Hillwind Drive which has a similar situation and a variance was granted. She stated she would like approval for the same thing and pointed out there is an adjacent home next to this property and no house located to the side of their home. She stated they could shorten the garage and install trees and the neighbors would not even see into the yard. ��IDLEY CZTY COONCIL MEETINQ OF MARCH 12. 1990 PAQE 5 Councilman Schneider asked what was located across the street from the hame on Hillwind Drive. f � Mrs. Sachs stated it is open land, but they could hide their garage with plantings. Mayor Nee stated the home on Hillwind Drive faces the freeway. Ms. Dacy stated the home on Hillwind Drive was built in 1958 and the property platted in 1964. She stated the plat did not include a different roadway easement and in the survey that was used, it appeared there would be a greater setback, however, there is 9-1/2 feet from the lot line. Mayor Nee asked Mrs. Sachs if they would be willing to purchase the extra land in order for their proposed expansion. Mrs. Sachs stated this was not their idea. She felt this came from Mr. Driggins and her Council representative. She stated they paid $85,000 for their home and had it appraised by Dave Ryan for about $110,000. She felt they cannot get their money out of the house, if they cannot expand. Councilman Schneider asked why they purchased the home with a single car garage if they desired more garage space. Mrs. Sachs stated they thought they had 12 feet to the lot line so they could expand. Mayor Nee stated the Sachses could buy the extra land. Councilman Schneider stated there is a viable option for the petitioner to accomplish the expansion and not need a variance. Mrs. Sachs stated they have not been advised to consider the option of spending any more money. She stated to purchase more land would put another hardship on them and that is the reason they decided to proceed with the variance request. Mr. Ben Ewers, 5680 Matterhorn Drive, stated his side yard looks to the Sachses' front yard. He stated he knows this request is not about the outlot, but when Darrel Farr platted the property, there were a number of parcels deemed unbuildable and the assessments were assigned to the property owners. He felt, therefore, he has some interest in the ultimate disposition of the outlot as he has paid taxes and maintained it. He stated he wants personal notification if the City is thinking about disposing of this outlot. Mr. Ewers stated he believes the City establishes variances for good reasons and did not feel this request is reasonable. He felt the variances would have a significant visual impact for the FRIDLEY CITY COIINCIL MEETING OF MARCH 12. 1990 PAGE 6 neighbors and did not feel a hardship exists. Mr. Ewers stated if the property was misrepresented when it was sold, perhaps legal action could be taken. He stated in regard to the home on Hillwind Drive, it is across from the noise barrier of the freeway and it does not have a deck. Mr. Ewers stated the Sachs' deck would face into his yard. He stated he cannot say he represents all the residents on Matterhorn Drive, but thinks they probably would have the same feelings regarding the outlot. He felt, however, if a mistake was made in granting the variance on Hillwind and the Sachses' variance request is granted on this basis, two wrongs do not make a right. In reference to Mr. Ewers statement, Councilman Schneider asked Mr. Ewers if he did not receive proper notification. Mr. Ewers stated he received notification in the mail, but stated items sometimes get lost and felt if the City disposes of the outlot, the residents should receive a verbal notification. Ms. Jan Driggins, 1280 Hathaway Lane, stated she objected to the front yard variance. She stated her home is also elevated and they would have a direct view from their dining room table to where the garage would be located. She felt a variance of this magnitude would disturb the aesthetics of the neighborhood. Mr. Stephen Otto, attorney representing Mrs. Sachs, stated if the Sachs are not allowed to improve their property, the City is creating a hardship. Councilman Schneider asked what hardship the City is creating, as the Sachses bought the home and did not bother to have a survey done. Mr. Otto stated the City is not allowing them to use the property that is best suited to their needs. Councilman 5chneider stated this was "rubbish" as the City has Code requirements. Mr. Otto stated the Sachses bought the property with the understanding they could construct the garage. He stated the garage they are proposing to construct would be very nice looking and improve the value of the neighborhood and their home. Mr. Otto stated Mrs. Sachs has shown a similar situation where property a few blocks away was allowed to construct a similar garage and by not allowing the Sachs to proceed, unless it can be shown that the property is very different, would be considered arbitrary and capricious. He stated the Sachses want to improve the value of their property and request the variance be granted. FRIDLEY CITY COUNCIL MESTING OF MARCB 12• 1990 PAGE 7 Councilman Schneider asked what unique hardship exists for the variance to be granted based on the lot. Mr. Otto stated what is unique is the Sachses circumstances. He stated they bought the home with the intent of constructing an additional garage. He stated they exercised due diligence on purchasing the property and relied on the advice of their realtor and that has created a hardship on them. Mr. Herrick, City Attorney, stated the general rule of law in granting a variance is that there has to be something unique about the property that would justify the variance. He stated it has to be a situation that is not self-induced or one that would not have been known at the time this property was purchased. He stated whether this situation exists in this case is for the Council to decide once the facts are reviewed. Mrs. Sachs stated the hardship is a single garage and they only have room for one vehicle. She stated parking outdoors in winter is no fun. She stated they would like a double garage and thought they had 12 feet so this could be accomplished. She stated if the deck roof is a problem, the pitch could be such to match the rest of the house. Mayor Nee stated whether or not the City made a mistake on Iiillwind Drive, does not mean all the criteria for setbacks in the City is changed. Councilman Billings questioned if the hardship has to be a hardship of the property or of the occupant of the property. He asked if there is a hardship merely because someone wants more space than what the Code allows. Mr. Herrick stated this would not be considered a hardship. He stated the basic rule is that there is something unique to the property and was not self-induced by the owner. Councilman Schneider stated he does not believe there is a demonstrated hardship as exhibited in the discussions before the Appeals Commission and City Council. MOTION by Councilman Schneider to concur with the unanimous recommendation of the Appeals Commission and deny the portions of VAR #89-19 to reduce the front yard setback from 35 to 9.2 feet a�d� reduce the side yard setback from 5 feet to 1 foot. Further, approve that portion of the variance to reduce the side yard setback from 10 to 9.1 feet in order to bring the house into compliance with the City Code. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF MARC$ 12. 1990 PAGE 8 Mrs. Sachs asked about her vacation application and if she could receive a refund of the fee. Ms. Dacy stated Mrs. Sachs applied for the vacation, but it has not been processed pending the outcome of the variance request. MOTION by Councilman Billings to direct staff that if Mrs. Sachs requests withdrawal of the vacation request, within the next two weeks, that the filing fee for this vacation be refunded, if staff has not done any work to process the request. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 3. APPROVAL OF CONTRACT FOR CANADA GOOSE CONTROL PROGRAM: Mr. Jack Kirk, Director of Recreation and Natural Resources, stated for several years there has been a growing concern about the large number of Canadian geese at Moore Lake beach and park. He stated with the investment the City has made into Moore Lake for recreational purposes, it does not seem compatible to allow the large number of geese. Mr. Kirk stated the Parks and Recreation Commission and the Department of Natural Resources is recommending the City enter into a contract for a goose control program. Mr. Kirk introduced Mr. James Cooper, Associate Professor, Department of Fisheries and Wildlife, University of Minnesota, to explain this program. Mr. Cooper stated the goose is a native species of Minnesota. He stated in 1972, there were less than 1,000 in the Twin Cities. However, the numbers have grown in excess of 20,000 birds. He stated the Department of Natural Resources has a hunting season. However, the most effective program for areas like Moore Lake is relocation to move the geese from Minnesota to Oklahoma, Mississippi, or Kentucky. He stated the adult geese are moved to other states and the young geese moved to other outlying areas in the state of Minnesota. Mr. Cooper stated Canadian geese go flightless when the young are five weeks of age and this is somewhere between the second week of June and the first or second week of July. He stated when the geese are flightless, nylon netting is used to drive them into a trap. He stated they are humanely handled and brought to the Carlos Avery Game Farm and then transported to other states. He stated about 50 percent would be reduced the first year; 60 percent the second year; and 85 to 90 percent the third year. He stated it takes three years to reach the 90 percent reduction. Mr. Cooper stated the young geese do not nest for two years. They go to the north shore or into Canada. He stated it is necessary to capture the geese for a number of years in order to catch the breeders. Mr. Cooper stated other nter S Shore iewe New Br ght n Columbia program include Brooklyn Ce , Heights, and Robbinsdale. He stated they have had a lot of success with the program. Councilman Schneider asked if there would be a siqnificant reduction this year. Mr. Cooper stated at a site like Moore Lake, they would capture 95 to 100 percent of the geese at the site when they make the drive. He stated, however, geese in adjacent areas would come to this site. He stated he knows that surroeese nat Moore nLake would controlling their geese, so most of the g be at levels that can be tolerated. Councilwoman Jorgenson stated the goose problem would not only be controlled at Moore Lake, but at adjacent sites such as St. Phillip's Church, the high school, and the old drive-in area. Councilwoman Jorgenson stated the City had P oblem s� Sheaaskedaif on Moore Lake to try and combat the goose p the goose population Wa oore Lake ntrol, if it would be effective to place live swans on M very aggressive towards humans and areas of the country. He stated the to humans are those who were fed by Mr. Cooper stated swans can be have become a nuisance in some swans who have become threats humans. Councilman Schneider asked if the program could be extended after the three-year period. Mr. Cooper stated the program is a University of Minnesota experimental program.en H n Sit for seven or e ghtMyearsp and they Golden Valley have be have a capture about every third year. Councilwoman Jorgenson asked if the beach needed to be closed during the capture of the geese. Mr. Cooper stated with the park and problem. this would not be necessary and they would work recreation personnel so there is not any safety Councilwoman Jorgenson asked if young children witnessing the capture would think the geese were being hurt. Mr. Cooper stated their crews are well-trained and usually youngsters who observe He stated he would inv t ea y ne to observe handled very humanely. the capture. FRIDLEY CITY COIINCIL MEETIN OF MARCB 12, 1990 PAGE 10 MOTION by Councilman Schneider to authorize entering into this contract with the Regents of the University of Minnesota for the Canada Goose Population Management and Ecology program. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider thanked Jack Kirk for bringing this program to the Council's attention. 4. FIRST READING OF AN ORDINANCE ADOPTING NEW CHAPTER 407. ENTITLED "EXCAVATIONS IN PUBLIC STREETS, RIGHTS-OF-WAY AND EASEMENTS"• Mr. Flora, Public Works Director, stated this draft ordinance was prepared for the purpose of covering the repair of utility cuts made in the City streets by other agencies. He stated because of past poor compaction and adequate strength in utility cuts, the City has experienced depressions and settling in trenches and cuts in the streets. He stated the ordinance establishes an improved system of patching, as well as recording and minimizing the time of disruption. Mr. Flora stated the ordinance also establishes a permit fee of $100 for every utility cut that is requested and provides for some security, if the agency should not complete the work as requested. He stated this proposed ordinance has been submitted to the utility companies that work in the City. He stated Mr. Henningsgaard, a representative from Minnegasco, is present this evening to address the issue. Councilman Schneider asked if the $100 permit fee was adequate to cover all the City costs. Mr. Flora stated about $108 in costs was identified, but the figure was rounded to $100. Councilman Schneider asked how the various agencies know where the utility lines are located when they make cuts in the streets. Mr. Flora stated the Gopher State One Call notifies all the utility companies and they have to go out and inspect the site to identify any utility lines they may have in that area. Mr. Herrick, City Attorney, asked if this proposed ordinance was the one reviewed by his office. Mr. Flora answered in the affirmative. Councilman Billings asked if the $1,000 security deposit is to make sure all the necessary repairs have been accomplished. Mr. Flora stated it is, essentially, a one year performance bond. He stated after a patch has been made, the City probably would not know until several months later if there was any settlement. He stated if this was the case and the agency did not respond to the � est to make a satisfactory patch, funds would be City s requ available for the City to proceed to have this complete . Councilman Schneider asked how often a major utility makes an excavation. Mr. Flora stated Minnegasco had over 300 patches in the City this past year. Councilman Schneider asked if the $1,000 security deposit was sufficient to cover the City's costs. Mr. Flora stated the ordinance applies to anyone who digs a hole in the streets. He stated with some of the larcostsfthecCity companies, he felt this is sufficient to cover any may incur. Mr. Flora stated this ordinance also provides can be made and the permit applied for within that emergency cuts two days. Mr. Henningsgaard, Director of Local Government Relations for resented a paper on Minnegasco's position. He stated Minnegasco, p a their fair Minnegasco wants to be a good corporate citizen and p y share of what is expected of them. He stated Minnegasco provides programs that add value to the communities they serve. Mr. Henningsgaard stated Minnegasco was opposed to any fee or license that increasesl�ement c�heS asked thatethis begwa ved for construction bond requ . franchised utilities. .n e the a f anchiseasordinanceat He stated concerns are covered i ears and Minnegasco has done business with the City for over 30 y completion of excavations has ��o r o in and r pai �it and ifethey they dig up a street, they wan 9 do not do an adequate job, they will come back and do it right. Mr. Henningsgaard stated Minnegasco felt the $100 fee was exces��i� for a permit. He stated most communities do not charge a p fee and those that have such a fee, the average is between $15 i� $20. He stated it is felt He stated1Minnegasco supports Fridley should be within that range by paying taxes and over $167,000 was paid in 1989 Herstatednhe property taxes for use of the public righs-thisatype of money to did not believe a plumbing contractor pay the City. Mr. Henningsgaard stated Mi e� co ts would mean cutbacks toathese value to the City and any n programs. He stated some oframefor the�needy t a d�safety watchafe energy use, assistance prog FRIDLEY CITX COIINCIL MEETING OF MARCH 12. 1990 PAGE 12 Mr. Henningsgaard stated Minnegasco would request the construction bond be waived and to review the $100 permit fee to make it more reasonable. Mr. Flora stated the way the ordinance is written, the applicant would apply for a permit and indicate what work would take place at a particular place, certain dates, and times. He stated the City would then know where the work is being done, at what times, and when the patch would be done. He stated after the patch is completed and if there is a failure and the applicant did not respond, the City could make the correction and use the security deposit for this purpose. Councilwoman Jorgenson stated she understands if there are no failures on the patches, that the $10,000 security bond would be returned at the end of the year. She stated if the City needed to make any repairs, it would be deducted from this $10,000. Mr. Henningsgaard asked if the City has had any problems with Minnegasco's repairs in the last several years. Mr. Flora stated there have been several patches by many persons that have failed, not only Minnegasco. Mr. Henningsgaard asked if Minnegasco was notified the repairs were not satisfactory. Mr. Flora stated the City really did not have a vehicle to have the corrections accomplished. Mr. Burns, City Manager, asked if Minnegasco was making a cut on several different streets in the City the same day, would they obtain a permit for each cut. Mr. Flora stated the way the ordinance is written, they would indicate the patch cuts and it would be one permit. Mr. Henningsgaard stated safety is most important to Minnegasco and they would not batch repairs to save the permit fee. He stated he understands the fee is for pavement cuts and cuts on the boulevard would not be subject to the $100 fee. Councilman Fitzpatrick stated the ordinance does not address this issue. Councilman 5chneider asked why it is not covered in this proposed ordinance. Mr. Flora stated the ordinance focused on asphalt, concrete, and curb cuts. Councilman Fitzpatrick as s� red t assurances the City would have for the boulevard being r Mr. Flora stated this isated the�ordPnance� dresses tunn 1 gtor boulevard areas. He st excavation within a paved surface. Mayor N e e s t a t e d i f d ias the sstreets,m this�issuefs hou l d p r b a b l y inspect the boulevar be addressed to recover the City's cos ts. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. MOTION by Councilman Schneider to amend the ordinance bY Councilman the permit fee from $100 to $110. Seconded by Fitzpatrick. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick, Councilman Billings and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson vota ��Qainvote he motion. Mayor Nee declared the motion carried by MOTION by Councilman Schneider to delete the words "public streets on" in the first line of Section 407.01. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The purpose of the above amendment is to revise the wording to reflect a permit is required for any work within the public right- of-way or easement. Councilman Billings stated under Section 407.08 regarding security for completion of the excavation, the language should be reviewed to clarify the costs. Councilwoman Jorgenson felt the °ablea to do bus ness ne the restrictive that agencies are not community. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Henningsgaard stated Minnegasco makes repairs all over the metropolitan area and no other community requires a construction bond. He requested the Council waive this requirement based on their past record. Councilwoman Jorgenson est�eSadents andurecoveruthe costsltoathe responsible to the Fridl y City for the agencies that operate in the community. Mr. Henningsgaard stated if there was a problem in the past, he could see the requirement for the bond. He suggested making 1990 FRIDLEY C TY COIINCIL MEETING OF MARCH 12. 1990 PAGE 14 a trial year and if there is a problem, then initiate the bond requirement. Mayor Nee stated only applies to the City has to responsible who possible at the the Council coul franchises. the City is tryin utilities, but to be able to recou cuts holes in t second reading of d revise the issue g to establish a system that not contractors as well. He stated p their costs and make everyone he streets. He stated it is the ordinance on March 26 that on the bond for those who have Councilman Billings stated he may be willing to look at reducing the bond for those who have above-ground workmanship. 5. APPROVAL OF RECOMMENDATION FOR TAX FORFEIT PARCEL NO. 54: Councilman Fitzpatrick stated the staff's recommendation for this parcel is that it be combined with adjacent parcels. Mr. Flora stated the County will be notified of the Council's action regarding this parcel and the County Commissioner then attempts to dispose of the property per the City's recommendation. MOTION by Councilman recommendation and that with adjacent parcels. voice vote, all voting unanimously. Fitzpatrick to concur with the staff's this tax forfeit Parcel No. 54 be combined Seconded by Councilman Schneider. Upon a aye, Mayor Nee declared the motion carried 6. CHANGE ORDER NO. 16 FOR FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189• Mr. Flora, Public Works Director, reviewed this change order with the Council covering contract adjustments for sub-contractor's final billings for the Municipal Center. MOTION by Councilman Schneider to approve Change Order No. 16 in the amount of $2,682.65 for the Fridley Municipal Center Improvement Project No. 189. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. APPROVAL OF RECOMMENDATION TO AWARD CONTRACT FOR REPAIR OF WELL N0. 3. PROJECT NO. 203:_ Mr. Flora stated bids were opened on March 8 for the repair of Well No. 3 and five bids were received. He stated the low bidder was E. H. Renner and Sons, Inc. for $22,956.00 and staff recommends they be awarded the contract. MOTION by Councilman Schneider to receive the bids for the repair of Well No. 3, Project No. 203: E. H. Renner 15688 Jarvis Elk River, 1rIId 55330 Layne Minnesota 3147 California Minneapolis, MN 55418 Mark Traut Wells 151 72nd Avenue St. Cloud, MN 56301 Keys Well Drilling 413 N. Lexington St. Paul, MN 55104 Bergerson-Caswell 5155 Industrial 55359 Maple Plain, MN Seconded by Councilman Mayor Nee declared $22,956.00 $26,186.00 $32,857.00 $32,875.00 $33,145.00 Billings. Upon a voice vote, all voting the motion carried unanimously. aye, MOTION by Councilman Schneider t oa�hea ow bidderaCE.f Hr RennerPand of Well No. 3, Project No. 203, t Councilman Sons, Inc. in the amount of $22,956.00. aee° Mayor Nee declared Fitzpatrick. Upon a voice vote, all voting Y• the motion carried unanimously. g. APPOINTMENT• CITY EMPLOYEE: MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Name Starting Starting position Sa ar ate James Sewer Brindley Foreman Range 6 Exempt Seconded by Councilman aye, Mayor Nee declared 9 . CLA�_ $2�9g2�q5 Mar. 13, per month 1990 $35,789.40 per year Ren�lages Arthur Silseth Schneider. Upon a voice vote, all voting the motion carried unanimously. MOTION by Councilman Schneider to 30947 through 31180. SecendMayor voice vote, all voting ay , unanimously. authorize payment of Claims No. Councilwoman Jorgenson. Upon a Nee declared the motion carried FRIDLEY CITY COIINCIL MEETING OF MARCH 12, 1990 PAGE 16 10. LICENSES: MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Herrick & Newman 6401 University Avenue N.E. Suite 205 Fridley, MN 55432 Services rendered as City Attorney for the month of February, 1990. ......$ 4,162.35 Civic Center Remodeling Pay Application No. 16 Through February 28, 1990. . . . . . . . . . $103,233.65 Seconded by Councilman Schneider. 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 March 12, 1990 adjourned at 9:32 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: En9ineermg Sewer Water Parks Sireels Maintenance MEMORANDUM �' � TO: William W. Burns, City Manager_��•�'� PW90-114 FROM: John G. Flora�, Public Works Director DATE: March 20, 1990 SIIBJECT: Ordinance 407 - Utility Cuts During the first reading of Ordinance No. 407 entitled, "Excavation of Public Streets, Rights-of-Way and Easements", the Council at their March 12 meeting requested certain changes to be made. I have incorporated the recommended changes and the attached Ordinance includes excavations in the boulevard within the right- of-way or easement area as well as requiring a separate permit for cuts in front of each property. I have also included a letter of credit as an authorized security form. Request the City Council consider this amended ordinance as their second reading and order publication. JGF/ts Attachments 1 •, � • .,�,.... �- . .,•�. . ,. «- � .. • . is^ �:r • :�• � .� �+� i •; �_ ■ • � : •�� r:� : •i_ i, i� :�• tis i� Zhe City C�auncil of the City of Fridley does herlyy on�air► as follcxas: 407.01 PUtZ�OSE The puYpose of this ordinance is to gwern excavatiar�s ar�d oor�stYUCtion within public streets e�e, rights-of-way ar�d ease�r�ents by utility oa�anies, develapers, oontractors, and other persons within the City of Fridley. 407.02 1�3(�JIATI�T In order to protec.-t public health, safety, ar�d wplfare, ar�d to pre.serve the public baul�vard, streets, utilities ar�d oth�r prapezty of the City, the Directror of Public Works is authorized ar�d direct'.ed to establish regulations pert'aining to excavations within public ' ric�t-of�aays ar�d easements within the City. 407.03 DEFIIIITI�S Applicant shall mean utility ccxnpanies incl�, but not limited to, Mir►negasco► Inc.: Northexn States Pr�aer Ca�►�any: all develc�pexs, oontractors, builders, pr�erty owners, or other persons requesting an excavation ��;t to do wnrk � on public right-of�aays ar�d eas�zts within the City. Director shall mean the person holding the offioe of Director of Public Works, or ariy person assigned by him to enforoe the tsrms of this oYdinance. 407.04 EX(?iVATIO�T PEI�IIT 1A No applicant shall di5 uP, break, excavate, tuivzel ur�dex, w�dexmine, or in ariy other manner do any excavation upon any street, alley, sidewalk, bikeway, curb or gutter, driveway, ba�levard, or other public place, or mak�e, or cause to be made, ariy excavation in or undex the surfaoe of said public street, eFr-a ric�t- of�aay or easement, or leave upon the surfaoe any soil or other excavated material obstructing, or terr3ing to interfere with, the free use by the public of the public s#�ee� riqht of wav or easement, without obtainuxJ an excavation permit. 407.05 APPLICATI�1 An ap�lication the Director. the Director. parcel. for the issuance of an excavation permit shal.l be sui�anitted to The written application shall be on such forms as s��pplied by A separate at�plication will be reguire for each abuttirxt lot or 407.06 I� OF PERI�'IIT If the Director find.s that the applicant has satisfied the requirements of this on�iinance, and if it T�� that the applicar►t can ooa�ly with cur�'ex�t regt�lations established by the Direct.or, then the Direc.�tor shall issue a written permit. oRnn�ru� r�. Page Twn 407.07 EIDQ��TATI�1 PEFtNIIT F'EES For each excavatian in a , public ric�t-ofiaay or easement, a �m+; t fee shall be required. Zhis fee shall be in addition to arry other permits or charges relating to the pronosed ooa�structioaz wnrk. In addition, the applicant shall pay to the City for each reiiLSpectiari required after the ooanpletion of the c�onstxuction as provided in Q�apter 11 of this oode. 407.08 S%3CURITSC FOR O�'l�7PI�T 0�' �iVATI�T Upon approval of an application, the applicant shall deposit with the City, cash in the form of a oertified checJc, Letter of Credit, or a oonstruction bor�d, in the amount of $1, 000. 00 as sec�arity for the praper ocan�letion of the excavation, and the restoration of the site to its previau.s oorydition. If more than er�e ten excavations �s are to be made duririg the caler�dar ye�r, the applicant may, in lieu of individual securities, deposit with the City, $10,000.00 in cash, in the form of a oertified check, Letter of Credit or a$Z0,000.00 �nstruction bor�d. Securities shall be held until the oonstruction is cca�rnleted ar�d for a period of 12 months thereafter to guarantee that the restoration work has been satisfactorily oce�ipleted. After the deposit of the security, the applicant may then proc�eed with the excavation which shall be ccmq�leted pursuant to the terms of the application and permit. When the excavation is coanpleted, the applicant shall request an inspec.-tion by the Direc.�tor. If the excavation work is start:ed but not voa�leted within the time specified in the pexmit, tYie City may pznoe�ed to c�n�lete the excavation and restoration work, arxi the oost of said w�rk plus acbministrative oost shall be deducted frcgn the security. If the restoration work done by the applicant neec].s repaiY', as determii�d bY the Director, during the 12 month guar�te� period, the applicant shall do all neoessary repair work. In the event the applicant fails or refu.ses to do the necessary repair �rk, the City may do said work ar�d the oost of the repair work plus ac�ninistrative expen�se shall be deducted fram the security. Upon vo�letion of the restoration of the site, and aftex the 12 month guarantee period, the security or the balanoe thereof remaining shall be refunded to the applicant. In the everit that ariy restoration c�ost shall exc�eed the amault of the security, the applicant shall be liable for ariy additional oosts. 407.09 Q�T£I'I�T AI�ID ABAI�IDO�NP OF �RR Work shall progress in an expeditiaus manner ar�d shall be ooampleted ac�oon�ir�g to the terms of the ap�lication and perm.it. In the evex►t the work is not being performed in aocord�anoe with applicable regulations, or shall oease, or be abandoned without due cause, the City may, after eight (8) haurs notice iri writing to the pennit holder, vicerg�lete the excavation or fill th�e excavation and repair the surface. In such event the e.ntire oost plus ac�ninistrative expen.ses for such work shall be the liability of, arid shall be paid by, the applicant to whoan the permit was issued. 1B �� . Paqe Three 407.10 STREET , PAVII�G �t I�S�II�G 1C Zhe City of Fridley shall give the utility vanQanies reasoa�able written notive of plans for street i�rwement where paviryg or resurfacing of a permanexit nature is irivolved. The no�tioe shall oontain the nature ar�d character of the i�rovements, the streets to be i�roved, at�d the sdiedule for said ooazstruction. The notioe shall be given to utility oampanies a m?*+�n*� of thirty (30) days in advanoe of construction to allaw the oa�anies t� mak�e arYy neoe�.�sazy additions, alterations, or repairs to its facilities prior to the sc�edulecl street im�raveme.nt. Ariy excavations by a utility oanpany in a street which has bee.n gaved or resurfaoed, ar�d for which the utility ocnq�any Yeoeived the abave notice, within three ( 3) mr�nths after va�letion of the i�rovement shall require an excavation permit arid shall be subject to an additional permit c�aYge of $1,000.00. 407.11 �1C.'Y ALTI�1 A utili'�Y �Y �Y, hvw�ver, apen arid excavate without a�*�;t where an emergency exists requiring the innnediate repair of the facilities. �he utility ooanpany in such event shall request a permit not later than the second wr�rking day after the e�ren�erx.�. All other provisions of this o� shall apply to the e�nergency excavation after the permit has been issued. M 1� • 71' H�I I]I' • '�� •: + I� ' :il�, 11.10 Fees 407. E�ccavation in Public £�ee� Rightsrof�aay ar�d Easemer►ts P�exmit Fee. ....$-��6 •S 110.00 R�einspec�ti� Fee. . . $ 25. 00+ �cavation Security Bond (Cash, certified checJc Iettex of G'Yedit or vonstruction bondl . - • Pezmit Fee. .S l,000.00 , . lo or more. .S10,o00.00 PASSID AND ADOPT'ED BY � CITY OCJUNQL OF THE CI'PY OF FRIDIEY Zi�IIS IaAY OF , 1990. WILLSAM J. NEE - N�,YOR __ Mf� 4�-�� u- n . •. . a « a�- First Readi.ng: Mat�ch 12, 1990 Second R+eading: Marc�h 26, 1990 Publish: Permit No. Actual Completion Date CITY OF FRIDLEY Exeavation 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 : Security Type Amount $ Date Received Date Released READ GENERAL PROVISIONS ON REVERSE SIDE BEFORE BIGNING. Applicant Date AUTHORIZATION OF PERMIT Upon payment of permit fee in the amount of $110.00 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.herehy stated: It is expressly understood that this permit is conditioned of the surface to its proper condition in accordance with rules and regulations and is secured by a$1,000.00 bond o Approved Date Insgection Record Inspection Date By Comments: upon replacement the appropriate r cash. General Provisions 1 ` 1. The City of Fridley does not pusrantee the accurecy of utility locstia�s and elevatio�. This data is for infor�stion anly and should be verified at the site. 2. Permittee shall be responsible for all persorr�el, ineterials, constructio� equipmmt, cleanup and subco�trsctors. 3. Permittee shall be responsible for establisAiny ssfety weasures to protect the pubtic fraa any and all hann durir� tonstruction. Poor vitibility or overniyht use of barricades require tiphted berricades. All treffic eontrol srd safety precautions shall be in confor�ence with the Manual on Unifon� Traffie Control Oevices and subject to review by the Public Yorks Director prior to issuancc of a permit. 4. A pern�it �nust be obtained et least two (2) workinp dsys prior to camencement of work. The Ergineerinp Oept. must be notified one (9) working before bepiming work. S. Permit is valid for the dates �d extent of work listed. Supplemental penaits must be obtained if the tiine of comptetion or extent of work charges fran that listed. 6. The inspector �ney requi�e eanpsction tests at the expense of the Ptnaittee �nd may require nor�eonfon�i►p insterisls or corutruction to be reaaved and �eplaced at the expense of the Permittee. T. Permittee shatl be responsible for the ►rork for a period of one y�ar after caspletion of swrk pursuant to the pennit. 8. Permittee s9rees to hold the City of Fridley harmless from any and sll claims which might arise froai the constnxtion, waintenance and any other activities related to the Permittee's work snd fscilities. tn acceptinp this permit tAe spplicant, representing the Permittee, verifies that all the foregoinp provisions have been resd and urderstood. Also, that the applicant has the authority to sign for and bind the Penaittee, and that by virtue of the appticant�s signsture, tbe Permittee is bound by and egrees to comply with all City ordinances, stste laws and provisions herein reparding such construction and activities pursuant to this permit. EXISTiNG CONCRETE PAVING COMVACTED BACKFILL (95X MOD. PROCTOR} UNDISTURBED- SOIL unurY -- - SAW CUT PAVEMENT EDGE - 8� OF NEW CONCRETE PAVING EXISTINC ASPHALT PAVING COMPACTED BACKFILL (95R ►A00. PROCTOR) UNDISTURBED - SOIL unun -- STREET CUT REPAIR (CONCRETE STREET) COMPACTEL (95Z IJdDIF - SAW CUT PAVEMENT EDGE 6' OF NEW ASPHALT PAVING GRAVEL BASE 8" OF NEW CLASS 5 BASE (COMPACTED TO 95R MOD�IED PROCTOR) STREET CUT REPAIR (BITUMINOUS STREET) d• T^�so� unna R SEE� BOULEVARD CUT REPAIR BE� Sdt COMMISSION VACANCIES AND TERMB TR�►T WILL E%PIRE IN 1990 FOR CITY COIINCIL CONSIDBRATION CIIRRENT MEMBER Planninq Commission At Large - Vacant AQaeals Commission Kenneth Vos 990 - 68th Avenue N.E. (H) 571-2246 (B) 690-6610 Larry Kuechle 202 Mercury Drive N.E. (H) 571-4862 (B) 434-7361 Vacant (Jerry Sherek resigned.) Environmental Ouality and Enerqy Commission Vacant (Wayne Wellan resigned.) Human Resources Commission Susan Sherek 1530 - 73 1/2 Avenue (H) 784-6444 (B) 290-3857 Paul Westby 666 Kimball Street (H) 780-4326 (B) 571-1345 TERM E%PIRE$ 4-1-93 APPOINTEE 4 -1-9 0 � o�1�i� �6-Q� 4 -1- 9 0 �7� uNw� � . ,�c�� 4-1-91 4-1-90 4-1-90 �,u� •��n�,A�/ _ 4-1-90 Parks and Recreation Commission John Gargaro 6615 Fridley Street N.E. (H) 571-6585 (B) 571-2200 4-1-90 �-�In�- � • 2 Cable Television Commission Ralph Stouffer 6065 McKinley Street N.E. (H) 571-1735 (B) 647-5676 Burt Weaver 928 Rice Creek Terrace (H) 571-4237 (B) 571-1249 Police Commission Tim Breider 7550 Tempo Terrace N.E. (H) 786-5341 4-1-90 4-1-90 4-Z-90 2A RESOLIITION NO. - 1990 RSSOLIITION PROVIDING FOR PAYMENT OF PREVAILING WAGES WHEREAS, it is in the public interest that buildings and public works be constructed and maintained by the best means and highest quality of labor reasonably available, and that persons working under contract on buildings and public works be compensated according to the real value of the services they perform; and, WHEREAS, it is the policy of the City of Fridley that wages of laborers, workers, and mechanics on projects financed in whole or in part by City funds should be comparable to wages paid for similar work in the community as a whole; and, WHEREAS, the term prevailing wage rate means the same as defined by Minnesota Statute 177.42, Subdivision 6, and as determined pursuant thereto for the area of Anoka County by the Minnesota Department of Labor and Industry; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that wages paid for all work performed on any project, exceeding $15,000 in value, that is financed in whole or in part by City funds shall be paid in accordance with the prevailing wage rate. BE IT FURTHER RESOLVED, that wages paid for all work on any project that is financed in whole or in part by funds obtained by bonds issued by the City, including but not limited to Industrial Revenue Bonds and Housing Revenue Bonds, and all projects financed by tax increment financing shall be paid in accordance with the prevailing wage rate. BE IT FURTHER RESOLVED, that the City Manager shall promulgate rules and regulations necessary to implement this policy. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 3 MEMORANDUM 4A ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 7.04, 7.05, 7.07, AND 7.09 OF T$E FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: 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, (cj 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 €�� last regular monthly meeting in August and shall be published twi e in summary in the official publication prior to 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 4B budget a��^� } �e��€ As}^.��a•� ^Ya � *��° •-•'� � ^'' 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��i�a�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. � e� �ie€e�e �4-�r��--��•r�e�- •�°�^ �—eas�-�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 ls}'��€ *'^�-�:�� 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 amaunt 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 ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: March 12, 1990 First Reading: March 26, 1990 Second Reading: Publication: �� s*�NIN�i COMMZSSION l�8$TING, ltliRC$ 14. 1990 PAGE 2 Ms. McPherson stated Vi Waite, Director of the 123-ABC Learning Center is requesting a Bpecial use permit for a day care center at the Grace Evangelical Free Church, located on 73rd Avenue near Madsen Park which is owned by the City. The church is in an R-1, Single Family Dwelling, zoninq on approximately 3 acres. Directly across the street to the south is M-2, Heavy Industrial zoning. Ms. McPherson stated the day care center will be operating in three rooms in the lower level of the existinq church. The day care center has already received a license from the State of Minnesota to operate from 6:30 a.m. to 6:30 p.m. and for a maximum of 29 children, predominately preschool children. The day care center will be usinq the adjacent Madsen Park for the outdoor play area. Ms. McPherson stated Section 205.07.O1.C.(4) of the Fridley City Code does allow day care centers in the R-1 zoning district, provided they are located in churches, schools, or other buildings which are located on arterial or collector streets. Seventy-third Avenue is classified as an arterial street, and there is fairly good access from 73rd Avenue to the church site. Ms. McPherson stated the Code also requires one parkinq space for every 100 sq. ft. of day care area. The church lot itself has approximately 200 spaces. In addition, there is area on site for drop-off and pick-up of children and/or parishioners. Two pick-up or drop-off sites have been discussed with the petitioner. The south door is the main entrance to the church. The rear door will also be used as a fire escape and is a little more remote; however, they are intending that this door will be used for late evening drop-offs after the front door is locked for the evening. Ms. McPherson stated currently the entrance and exit driveways are signed "Enter" and "Exit". This could potentially cause some confusion for people unfamiliar with the site; however, staff has not made it a stipulation on the recommendation. Ms. McPherson stated staff is recommending the Planning Commission recommend to the City Council approval of this special use permit request as it does meet all the code requirements for day care centers. There is adequate parking and traffic space, adequate buffering to the neighbors to the east and north of the site with a combination of private fences/vegetation and other types of landscapinq. Also, Madsen Park directly to the west of the site provides more than adequate space for the outdoor play area. Mr. Dahlberg asked if there is a requirement in the State regulations that the day care center must have a fenced outdoor play area adjacent to the building. Ms. McPherson stated that is correct; however, according to Ms. Waite, the people in charge of State Licensing of the day care �1 �] :'..�+"dING CO1+II�[ZBBZON MEETING. 1LARCH ll. 1990 PAGE 3 center have agreed that the Madsen Park will fit the criteria for the outdoor play area requirement. Ms. Waite has told staff that no more than 10 children at any one time will be qoinq to the outdoor play area with a staff person. Mr. Dahlberq stated that if the State is going to forqive the requirement for a play area adjacent to the buildinq, then that is f ine . Mr. Barna stated that with another day care center which received a special use permit last year, the rooms used for day care were also connected by doors between the rooms. He did not see that with this plan, only a common hallway. Ms. McPherson stated this plan was reviewed by the Inspection Department, and no stipulations were made for this requirement. There is a secondary exit from the first room so there are two exits for two rooms. Only the middle room is a vulnerable room. She stated staff can research this further. Mr. Dahlberg stated that he believed as far as the Building Code, the size of those rooms is probably such that the rooms do not require two exits, as a classroom or a function classified as a gathering space. However, it would be a good idea for the Inspection Department to re-evaluate this. Ms. McPherson stated she had a letter addressed to Mike Happ, of the Grace Evangelical Free Church from Darrel Clark, Building Inspector, outlining the stipulations required by the Building Code. Those stipulations included the installation of smoke and alarm detectors in each room of the day care, in the lower corridor serving the rooms, and at the top of each of the two stairways serving the lower level. The only egress window which needs to be installed is in the room used for sleeping purposes, the third room on the far east of the building. Also stipulated was the approval of the special use permit and the maximum of children at 29. Mr. Saba stated he felt a little uncomfortable with the authorization from the State to not have a fenced outdoor play area. Ms. Dacy stated that before the City Council meeting, the petitioner should have the confirmation from the State regarding licensing approval and the approval of Madsen Park as the outdoor play area. Ms. Waite stated that room 1 which is close to the outside exit will also have an escape window. There will be a connectinq door between rooms 1 and 2. Room 3 is near the wide stairway. 5C ��"slINa COI�D+tI68IOl�i 1[EETZI�TG. �CS 14, t990 P�� Mr. Saba stated the lower level lonq periods of levels. If the the children. that since the day care center will be operated in of the church and since children will be there for time, Ms. Waite miqht want to check into the radon radon levels are hiqh enough, it may be unsafe for Mr. Dahlberg asked where the children will have their exercise space during the day. Ms. Waite stated room 3 is the large muscle area, and all the children will have access to that at different times of the day. Ms. Waite stated the children are their first concern and will always be under the care of a teacher. They will never be left alone. Outside they will use a rope system while going to and from the park. Over the years, she has never had any problems. Mr. Barna asked about the child to adult ratio. Ms. Waite stated the adult to child preschool children and 1 to 15 for the will be 5 teachers with degrees. ratio is 1 to 10 for the school age children. There Mr. Dahlberg asked if the 29 children are just preschool children, and the latchkey children are over and above the 29. Ms. Waite stated they must never exceed a total of 29 children. That includes preschool age and school age children. Ms. Linda Wiltfang, 5885 Tennison Drive, stated she is a full time working parent and a resident of Fridley. She is anxiously awaiting the opening of this day care center. She stated Ms. Waite runs a very beautiful school. She has never questioned the safety of her son or daughter in the care of Ms. Waite and her staff. The children are well taken care of, and there is always an adult in attendance. With Target and Onan expandinq, there is certainly a need in this community for more of this type of day care. O�TION by Mr. Dahlberg, seconded by Mr. Barna, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING I►YE, VICE-CHAIRPBR80N 1CONDRICR DBCLARED THE MOTION Cl�RRIED IINANIKOOSLY 11ND THE PIIBLIC HEARING CLOBED !rT 7:55 P.l�i. OT ON by Mr. Saba, seconded by Mr. Barna, to recommend to City Council approval of Special Use Permit, SP �90-02, by 123-ABC Learning Center, per Section 205.07.O1.C.(4) of the Fridley City Code to allow a day care center in a church, the same being 755 - 73rd Avenue N.E. (Grace Evangelical Free Church), with the following stipulations: 5D pLANNING COI+IIrII88ION 1[SETING. 1tl�RCH 14. 1990 PAGE 5 1. The day care center shall meet the requirements of the Uniform Building Code and fire codes. 2. A letter from the State be submitted before the Council meeting �aiving the fenced-in play area. IIPON !� VOICE VOTE, 71LL VOTING I1Y8, VICE-CRliIRPBRBON EONDRICR DECLl�RED THE MOTION C]iIRRI$D IINl�NIKODSLY. Ms. McPherson stated this item will go to City Council on March 26, 1990. 2. gUBLIC HEARING CONSIDERATION OF A REZONING ZOA �k90-01. BY �+lURPHY OIL CO: To rezone from R-1, Single Family Dwelling, to C-1, Local Business, generally located at 6443 East River Road N.E. (Spur Station) O�,I TION by Mr. Dahlberg, Beconded by Mr. Barna, to waive the reading of the public hearing notice and open the public hearing. IIPON !� VOICE VOTE, l�LL VOTING 1RYE, VICE-CBAIRPERSON 1CONDRICR DECLARED THE I�IOTION CliRRZED l�ND THB PIIBLIC HEARINC� OPEN AT 8l00 P.M. Ms. McPherson stated Murphy Oil currently owns the Spur Station. Lot 3 is currently zoned R-1, Single Family Dwelling, and the proposal is to rezone it to C-1, Local Business. There is additional R-1 zoning to the east. The lot to the north is zoned C-1. East River Road and R-3, General Multiple Dwelling, are to the west. The other two corners of that intersection are zoned commercial. Ms. McPherson stated the petitioner is requesting the rezoning of Lot 33 in order to combine Lot 10 and Lot 33 to create a larger buildable parcel in order to remove the existing structures and construct a new convenience store and gas station with a new pump island. By rezoning the residential lot and creating this larger buildable parcel, there will be a greater conformance to the City's zoning code than there is currently on the existing lot 10 with the existing convenience/qas station. Ms. McPherson stated that before the Appeals Commission meeting where the petitioner requested two variances for this proposal, Mr. Barna had asked how many variances would be needed for the existing convenience store if it was rebuilt today. The answer is seven variances. She stated the Appeals Commission recommended approval of the two variances requested by the petitioner. 5E �LANNING COISMIBBION ltEETINQ. I[l�RCH 14. 1990 P�GE 6 Ms. McPherson stated the rezoning also allows the petitioner to provide for greater screening and buffering from the south and east sides of the parcel to buffer the residential neiqhborhood from this commercial use. The petitioner hopes to be able to utilize many of the existing trees on site and the existinq cedar and lilac hedges along the south and east property lines. In addition, the petitioner is proposing additional landscaping and the required screening fence between the commercial and residential districts. Ms. McPherson stated the rezoning will increase the amount of commercial zoning at this intersection; however, this parcel would be approximately the same size as the Christensen Auto Body and Riverside Car Wash and small retail center, all currently zoned commercial. Ms. McPherson stated the petitioner has submitted for staff review the results of the soil borings that were conducted on site for potential soil contamination from the existing underground tanks. The soil test results were negative for soil contamination, and the City Engineering Department has reviewed those results. Ms. McPherson stated staff is recommending the Planning Commission recommend to City Council approval of this rezoning request with two stipulations: 1. 2. Approval of the special use permit and variance requests The parcels shall be combined into one tax parcel. Mr. Gary Andelin, Murphy Oil, stated they are trying to comply as much as possible with City requirements. They are trying to take a building that was built in the 50's or 60's and improve it to the look of the 90's and become a better business in Fridley. Mr. Kondrick asked if Mr. Andelin had any reservations or questions about any restrictions or limitations being put on the property.. Mr. Andelin stated he did not. He stated it is all part of updating the property. �lOTION by Mr. Barna, seconded by Mr. Dahlberg, to close the public hearing. IIPON !� VOICE VOTB, I1LL VOTING !►YE, VICE-CHAIRPERSON 1CONDRZCR DECLP►RED T8E 1�OTION Cl�RRIED IINl�NIMOUSLY l�I�iD THE PIIBLIC SEARING CLOBED !�T 8:07 P.l�i. Mr. 8arna stated� that by rezoning Lot 33, he did not think they would be takinq�anything away from the existinq R-1 zoning available in the City. This will be an improvement to the existing 5F gj,��NN7NG @AI�ITi4STAN 1f�1�T7tdl� _ I[�RL`H ia . 1990 P!►G$ 7 business and will improve the traffic flow and the qeneral look of the whole neiqhborhood. Mr. Rondrick asked if there has been any neighborhood objection to this proposal. Ms. McPherson stated a neighborhood meetinq was held by the petitioner. Two people attended that meetinq, and they were basically curious about what was qoing to happen on the property. However, the property owner to the east has complained about the litter and the practice of snow removal where the snow is pushed to the east into his yard. Mr. Barna stated the existing Spur Station is quite close to that property owner, and the dumpster is located on that side of the building. This new plan should improve that situation. Also, the people directly to the south attended the Appeals Commission meeting with a concern about the sidewalk area in front of their home. Ms. McPherson stated this can be addressed with the special use permit request. OTION by Mr. Barna, seconded by Mr. Saba, to recommend to City Council approval of Rezoning, ZOA �90-01, by Murphy Oil Company, to rezone from R-1, Single Family Dwelling, to C-1, Local Business, generally located at 6443 East River Road N.E. (Spur Station), with the following stipulations: 1. Approval of the special use permit and variance requests 2. The parcels shall be combined into one tax parcel. IIPON !� VOICE VOTE, ALL VOTING l�YE, VICE-CBAIRPERSON 1CONDRICR DECLl�RED THE MOTION Cl�RRIED IINl�NIMOIISLY. Ms. McPherson stated the City Council will set the public hearing for the rezoning at the March 26, 1990, meetinq, and the pubic hearing on the rezoning will be held on April 9, 1990. 3. �UBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP �90-01. BY MURPHY OIL CO.: Per Section 205.13.O1.C.7 of the Fridley City Code to allow a motor vehicle fuel and oil dispensing service as an accessory use to a convenience store, qenerally located at 6485 and 6443 East River Road N.E. (Spur Station). O�I TION by Mr. Saba, seconded by Mr. Barna, to waive the reading of the public hearing notice and open the public hearing. ��.I►NNING COI4�IIBSION !IB$TI�G, 1L�RCH �� - 3990 P�GE 8 IIPON !1 VOICB VOT$, �I.L VOTZ'iG ]1YB, VICB-CSl1ZRPSR60�1 �ONDRICIC D$CI.�RED THE I�IOTION CARRIBD DN�NZKOIIBLY A�TD TS$ PIIHLZC 8Bl�RIIdQ OPEN !1T 6:10 P.M. Ms. McPherson stated the petitioner is proposinq to close and rearrange some of the existing curb cuts. The first curb cut east- bound on Mississippi Street will be closed and the two curb cuts on East River Road will be shifted further south away from the intersection. There is some concern as the right turn lane onto Mississippi from East River Road curves in front of those two driveways. Anoka County has reviewed this plan and has recommended, although no correspondence has been received, to close the ncrthernmost driveway on East River Road. The petitioner is proposing to shift that driveway even farther south and change the radii on that driveway such that it will allow a northbound exit from that driveway but will have the appearance of a one-way in only. There will be adequate space for cars to go in and out at the same time; however, it is the intent throuqh the design to discourage peop2e from exiting northbound on East River Road. Ms. McPherson stated the petitioner has been very cooperative and has worked with City staff in tryinq to find a solution that will work for both the petitioner and lessen the traffic hazards at this corner. Ms. McPherson stated, as stated by Mr. Barna, Mr. and Mrs. Franklin who live directly south of this site are concerned about the existence of a sidewalk of some kind alonq the west and north property lines of this parcel. In order to catch the public school bus on Ashton Avenue, their children need to walk along that sidewalk to Ashton Avenue. Ms. McPherson stated the Engineering and Planning staff inet with the petitioner on site to discuss the issue of the sidewalk. Mr. Franklin brought up some issues of maintenance. He is currently clearing the snow on the paved area that is there now, because the area is not wide enough for the City's snow removal equipment. The petitioner will be removing the existing asphalt paving and will be constructing a concrete sidewalk at a slope that will be adequate for the City's snow removal equipment. In addition, there is an existing power pole on the site that narrows the amount of room needed to construct a sidewalk. The petitioner has spoken with the utility company, and the utility company will be moving that pole so the 5 ft. wide sidewalk can be constructed along the west property line. So, the sidewalk issue has been resolved. Ms. McPherson stated staff recommends the Planning Commission recommend to City Council approval of the special use permit with four stipulations: 5G pl��"dING COI4�II88ION 1S88TIZI�i. ItARCB 14. 1990 PAGE 9 1. Reconstruct the existing sidewalk to a minimum width of five feet from the south property lines around the site to the northeast corner. 2. Drainage calculations shall be submitted to the Engineering Department prior to issuance of a building permit. 3. 4. The driveway issue shall be resolved with Anoka County prior to the issuance of a building permit. Approval of the variance request Mr. Dahlberg asked if a grading and drainage plan has been submitted. Ms. McPherson stated a qrading and drainaqe plan has been submitted. It is the petitioner's intention to have an infiltration trench in the qrassy area directly to the east of the building. Additional drainage will occur toward the qreen area at the south of the site. That has also been left for snow storage and drainage. Mark Winson, Assistant Public Works Director, has not yet received the drainage calculations. Mr. Dahlberg stated this project really should have little impact on the neighbors to the east except for the two closest residences to the east. Mr. Saba asked about the store's operating hours. Mr. Andelin stated the hours are up to the lessee; however, it has been a 24 hour operation, and they wish to continue that. Mr. Kondrick asked about lighting. Has there been complaints about lighting into the neighborhood? Ms. McPherson stated she has not received any complaints about lights or the current operation. Mr. Andelin stated at the present time, they have area lights on the entrances and egress. They try to keep maximum lighting for security purposes. The lights are wall mounted and on the canopy. He stated he can foresee no area lights in back of the building, but they do try to keep as much lighting as possible at the entrances for traffic. The canopy lights do give a majority of the lighting. They will keep the lights to a minimum on height, so the lighting will not go over into the residential properties. Mr. Saba asked about any plans for a P.A. system. 5H 51 pIL��"slllda COI+IISI88ION �[ESTIldG. 1LARCH 14. 1990 Pl�GE 10 Mr. Andelin stated they are required by law to have an intercom system. This is used mainly to contact people at the qas pumps. It is not a loud system. Mr. Barna asked about any plans for siqnaqe. Mr. Andelin stated that at the present time, they will not be changing the signage. The siqn will remain in approximately the same location as it is now. Mr. Dahlberg stated staff can review the existing condition of the signage and review the requirements of the Siqn Ordinance with the petitioner. Mr. Dahlberg stated the present lessee stores his mobile home on the site a great percentage of the time. He believed the Planning Commission would like that not to be there. He would not suggest that this concern be part of the approval of the special use permit, but is there anythinq the petitioner can do about it? Mr. Andelin stated that as part of their lease package, this type of storage is not supposed to be happeninq. Mr. Dahlberg stated he thought the site plan is a significant improvement over the existing site. He would like to discuss a possible change to what has been proposed. He stated the property line is very close to the two residences on the east, and the parking and hard surface is being moved away from that property line. He would suggest that this be turned around and the fence and landscaping be put on the opposite side of the fence, rather than having the fence towards the residence and landscaping on the service station side. He would think the neighbors would rather look at greenery than a wooden fence and the neighbor would perceive his yard as being larger. The issue is that it is a maintenance headache for the owner of the property, because they have to go outside their property to maintain the landscaping and pick up litter along the fence. If the fence could maybe not follow the property line but could cut off on a diagonal by the trees and put some landscaping on the residence's side, it would seem to be a more neighborly approach. This is a suqgestion for the petitioner to consider. Mr. Dahlberg stated another concern is whether or not there is standing water in the ponding area. He believed there are requirements relative to fencing around detention and retention ponds. With standing water, there is potentially a hazard for children. This may or may not be a problem, but it is something that should be investigated. 5J �L�NNINQ COMMISBION �SBTINQ, lQ1RCH 14, 1990 pAGE 11 Ms. McPherson stated Mr. Winson may be lookinq at this issue when he looks at the drainage calculations and the volume of water that would be retained. Mr. Dahlberg stated he concurred with the County relative to the northernmost curb cut onto the site from East River Road. The revised sketch indicates that the north edge of that curb cut is 100 ft. probably from the center line or edqe of the traffic lane on Mississippi Street, but not 100 ft. from the turn lane. He felt that the cuzb cut is too close to that intersection, even though it does have a confiquration such that it will draw traffic in and potentially discouraqe people from going back out, it will not discourage people entirely from going out that curb cut. He would suggest that curb cut be no farther north than the present south curb cut. This is a busy intersection, and a lot of traffic goes east on Mississippi Street off East River Road. Mr. Andelin stated that as long as the variance is not affected, he is certainly willing to have LBH Architects look at it. Mr. Dahlberg stated he has no difficulty with the two curb cuts on East River Road as long as the northernmost curb cut is moved to the south at the location of the present southerly curb cut which he feels is a reasonable distance from the intersection, even to the extent that vehicles could make that right turn and head north onto East River Road without too much difficulty. Mr. Dahlberg stated the County has given them no information as to why they are recommending only one curb cut on East River Road. Mr. Dahlberg stated that on the southerly curb cut, it appears to him that as traffic is heading into the parking area, it is better to design that curb cut 90 degrees perpendicular to the street rather than perpendicular to the parking area. It is just a better design for access to that parking area at the south. This is just another suggestion for the architect to consider. MOTION by Mr. Saba, seconded by Mr. Dahlberg, to close the public hearing. IIPON !� VOICE VOTE, ALL VOTING 71YE, VICB-CHAIRPERSON 1CONDRICK DECLARED THE MOTION Cl�RRIED IINANIMOIISLY 71IdD THE PIIHLIC HEARING CL08ED !�T 8:55 P.K. OM TION by Mr. Saba, seconded by Mr. Barna, to recommend to City Council approval of Special Use Permit, SP �90-01, by Murphy Oil Company, per Section 205.13.O1.C.7 of the Fridley City Code to allow a motor vehicle fuel and oil dispensing service as an accessory use to a convenience store, generally located at 6485 and 6443 East River Road N.E. (Spur Station), with consideration to be given to investigating the location of the northernmost curb cut �LANNING COI�IIdI88ION I�88TINa, l�1RCH 14. 1990 P�GE _12 on East River Road, investigatinq the requirements of drainaqe in terms of ponding, and investigating the appropriateness or advisability of potentially relocating the landscaping and the fence configuration on the east side of the property, and with the following stipulations: 1. Reconstruct the existing sidewaZk to a minimum width of five feet from the south property lines around the site to the northeast corner. 2. Drainage calculations shall be submitted to the Engineerinq Department prior to issuance of a building permit. 3. The driveway issue shall be resolved with Anoka County prior to the issuance of a building penait. 4. Approval of the variance request IIPON !r VOZCE VOTE, ALL VOTING 71Y8, VICg-CHAIRPERBON �ONDRICR DECL�RED THE 1rIOTION Cl�RRIED IINAI�TII�IOQSLY. Ms. McPherson stated the Council will set a public hearing at their April 9th meeting for April 23, 1990. 4. CITY COUNCIL DISCUSSION OF ZONING ORDINANCE AI�ENDMENTS: Ms. Dacy stated that after the February 26, 1990, meeting, the Council discussed the parking stall issue, lot coverage issue, and the landscaping issue. As far as the parking stall size, the Council stated that a 9 ft. parking stall should be used in areas where there is: 1. Long term employee parking 2. Parking ramps 3. Apartment buildings 4. Industrial buildings 5. Some office facilities, but not including medical clinics 6. Redevelopment districts with a special use permit Ms. Dacy stated the Council preferred to keep the 10 ft. wide parking stalls for high turn-over facilities, especially for shopping centers or retail areas and locations such as Unity Hospital and associated clinics. As far as striping, the Council wanted both 9 ft. and 10 ft. stalls to be double striped. 5K 5L PLPiNNZNG COl�II68ION ![EETING. 1O1RCH 1t. 1990 P�aB 13 Ms. Dacy etated the Planninq Commission should review these policies reqardinq parkinq stall size and determine if they want to make any recommendations or additions to the City Council. Ms. Dacy stated the City Council recommended that lot coveraqe may be increased up to 10$ in industrial districts only with a special use permit. Previously, the Planning Commission had discussed the possibility of deleting the special use permit requirement. The Council wanted to start with industrial districts first and see what happens and then possibly consider amending the commercial districts. Also important is that the Council wanted staff to develop some type of standards for the Planning Commission and Council to adopt to evaluate these permit requests. Ms. Dacy stated that reqarding the landscaping ordinance, Council has asked staff to prepare the following additional information: 1. Evaluation of the costs of the landscaping requirements as a percentage of the total construction budqet. 2. Examine the new fire station site plans for conformance to the landscape ordinance, re-evaluate and draft new lanquaqe regarding the sections for compliance by existing uses. Ms. Dacy stated that at the meetinq, the Council had a question regarding when exactly do existing uses have to conform and when should they do that--upon the time of expansion or is there a set time period? There is a section of the code that provides for that now, but Council wants to look at it again. Ms. Dacy stated the siqn ordinance changes will be discussed at a Council meetings in April. Ms. Dacy stated the Council has asked the Planning Commission for input regarding the parking stall sizes. Mr. Dahlberg stated he did not agree with the Council's revised direction on parking stall sizes. He stated he thinks all parking stalls should be 9 ft., and there should be no differentiation between areas, because it would be very difficult to control or monitor. Maintaining a 9 ft. stall dimension is certainly more than adequate for almost any vehicle today, except trucks or RV's. Mr. Rondrick agreed with the 9 ft. stall dimension. Mr. Saba stated he liked the idea of the double striping. Councilmember Billings stated the Council appreciates the fact that the Planninq Commission prefers 9 ft. stalls; however, the majority of the Council does not want 9 ft. stalls all over, so they are 5M pT ��'�dING COMMISBI0�1 1�BTING. IL�IRCH 14. 2990 PAG$ 14 proposing a policy of where they think 9 ft. stalls can work and where they cannot work. The Council is asking the Planning Commission to review this policy. Mr. Dahlberg stated he just does not aqree that ft should be split between 9 ft. and 10 ft. stalls, because he did not think they Bhould create the enforcement headache. As far as the Council's proposed policy, he did not have any difficulty with the areas the Council has selected for 9 ft. stalls. Fundamentally, he just does not agree with 10 ft. stalls, so he cannot aqree that one use is more appropriate at 10 ft. versus another. Councilmember Schneider stated there are Councilmembers who fundamentally agree that there should only be 10 ft. stalls, so this policy is a compromise. The Commissioners aqreed that this compromise was a qood place to start. Ms. Dacy stated the lot coverage and landscaping issues will be discussed by the Council aqain, and she will keep the Commission updated. Ms. Dacy stated that included in the agenda packet, as part of the parking stall issue, was a listing of parking ratios for retail or shopping centers for other communities. Staff is asking the Council to investigate whether or not the City should be requiring one space for every 150 sq. ft. versus one space for every 200 sq. ft. Staff would like to qo to a graduated approach where as a shopping center gets larger, the requirement should be one space for every 200 sq. ft., because there is more traffic turnover and the 1- 150 ratio is too much especially for a larger center and they may be overparking the facility. OM TION by Mr. Dahlberg, seconded by Mr. Barna, that the Planning Commission concurs with the City Council's proposed policy regarding parking stall widths. IIPON !1 VOIC$ VOTE� 11LL VOTING 11YE, VICE-CHAIRPERBON 1CONDRICR DECLARED TH$ l�iOTZON Cl�RRIED QNANIKOIIBLY. 5. R�CEIVE JANUARY 3 1990 ENVIRONMENTAL OUALITY & ENERGY COMMISSION MINUTES: OT ON by Mr. Saba, seconded by Mr. Dahlberg, to receive the January 3, 1990, Environmental Quality & Energy Commission minutes. IIPON 71 VOICB VOTB, 11LL VOTZ1iG 71YE, VICE-CHl�IRPERBO�1 �ONDRICIC DECLARED THE lIOTION CARRIED IINANII+�OIISLY. ��+ TrT11T11 , ,��., �..�au DL�C�1TTQf'FC �nNrHtT�sION MINUTES: 6. iW'�.lilV�L' PTL'DKUI'�KI 1 177V nvairai� av+vvv . a pl��"dING COI4[I88IO1�I !LF$TING. 1LARCS 14. �990 p��-� MOTION by Mr. Dahlberg, seconded by Mr. Barna, to receive the February 1, 1990, Hwnan Resources Commission minutes. IIPON !� VOICE VOT$, lILL VOTIIdG 11YE, VIC$-CH�iIxP$RSO�T �ONDRICIC DECI.�RED T8E l[OTZON C!►RRIBD QNl�NIMOIIBLY. �� ir�r� FFRRiTARY 5 1990 PARKS AND RECREATION CONIIrIISSION MINUTES• MOTION by Mr. Barna, seconded by Mr. Dahlberg, to receive the February 5, 1990, Parks and Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTING !►YE, VICE-CHAIRP$R80Id 1CONDRICR DECLARED THE lIOTION CliRRIED IINANIMOIISLY. g. R CEIVE FEBRUARY 8 1990 HOUSZNG AND REDEVELOPMENT AUTHORI'�Y MINUTES• OM TION by Mr. Dahlberg, seconded by Mr. Saba, to receive the February 8, 1990, Housing and Redevelopment Authority minutes. IIPON A VOICE VOTE, 11LL VOTINl3 AYE, VICE-CBAIRPER8011 EOI�iDRIGR DECLARED THE i�iOTION CliRRISD �I�T!►NIMOIISLY. 9. RECEIVE FEBRUARY 20 1990 APPEALS COMMISSION MINUTES: MOTZON by Mr. Barna, seconded by Mr. Dahlberg, to receive the February 20, 1990, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING l�YE, VICS-C8l�IRP$R80N 1CONDRICR DECLI�RED TSE I�tOTION Cl�RRIED �NANIMODBLY. 10. RECEIVE MARCH 6 Z990 APPEAIS COMMISSION MINUTES: OM TION by Mr. Barna, seconded by Mr. Saba, to receive the March 6, 1990, Appeals Commission minutes. IIPON !� VOICE VOTE, I►LL VOTING l�YE, VICE-CH�iIRPER80N 1CONDRICR DECLARED THE MOTION CARRIBD DNliNIMOIISLY. 11. 9THER BUSINESS: a. R.T.B. Chair's Advisory Newsletter dated 2/28/90 For the Commission's information b . Earth Day Mr. Saba stated he and the Environmental Quality and Energy Commission would like to remind the Planning 5N _� � . � _ . �_ . � ►�_- .�: � � : Commission members that Earth Day will be Sunday, April 22, 1990, and invite them to the celebration at Springbrook Nature Center. He stated they will be passing out information on what can be done in the community to help people become more environmentally Bensible and responsible. AA70URNMENT : �Q,� by Mr. Saba, seconded by Mr. Dahlberq, to adjourn the meeting. vpon a voice vot., all votinq aye, Vice-Cbairperson 1Condrick dsclared tb• �otion carri.a uaani�ously and tb• �[arch 14, 1990, Plannfnq Commission s�etiaq aajourned at 9:35 p.m. Respectfully submitted, Lyn Saba Recording Secretary 50 � PLANNING DIVISION 5P � MEMORANDUM CITY Of FRI DLEY DATE: March 22, 1990 � • 4 �-1 TO: William Burns, City Manager ,j �' �Il FROM: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #90-02, 123-ABC Learning Center, by Vi Waite Attached is the staff report for special use permit, SP #90-02. The petitioner, Vi Waite, is requesting that a special use permit be granted in order to operate a daycare center at Grace Evangelical Free Church (755 - 73rd Avenue N.E.). The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. The daycare shall meet the requirements of the uniform building and fire codes. 2. The petiti.oner shall submit documentation regarding licensure and outdoor play area requirements prior to City Council approval. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-90-198 � 5Q � STAFF REPORT APPEALS DATE C�� PLAN��G C.OMNISSION DATE : March 14, 1990 F(ZIDLE.Y �Y ��i(� �14�: March 26 , 1990 �Hpq MM�_ d_ n REQUEST PERMIT NUMBER APPLICANT � PROPOSED REQUEST LOCATION SITE DATA SIZ E DENSITY PRESENT ZONING ADJACENT LAND USES � Z�i� ��$ PARK DEDICATION ANALYSIS FMVANCIAL IMPLiCATIONS CONFORMANCE TO COMPREt�NE PLAN C.OMPATBILRY WR'ti ADJACENT USES � ZONNG ENVIRONMENTAL CO�ERATIONS STAFF RECOMMEI�ATION APPEALS RECOMMENDATION PLANNNVG COMMISSlON RECONNAENDATiON SP 4� 90-02 123-ABC Learning Center Al1ow a daycare center in a church 755 - 73rd Avenue N.E. R-1, Single Family Dwelling R-1, Single Family to the north and east; M-2, Heavy Industrial to the south; Madsen Park to the west yes yes no Approval Approval 5R Staff Report SP #90-02, 123-ABC Learning Center Page 2 Request Vi Waite, Director of the 123-ABC Learning Center, is requesting that a special use permit be granted in order to operate a daycare in the Grace Evangelical Free Church. The church is located on Parcel 300 of the north half of Section 11, the same being 755 - 73rd Avenue N.E. Site Grace Evangelical Free Church is located on a parcel of approximately three acres, and is zoned R-1, Single Family Residential. Additional R-1, Single Family, zoning is to the north and east of the site. Across 73rd Avenue to the south is the Target Warehouse Distribution Center, zoned M-2, Heavy Industrial. The City-owned Madsen Park, which is zoned P, Public Facilities, is to the west. Analysis The proposed daycare will occupy three rooms of the lower level of the church, which are used by the church for their Sunday morning and Wednesday evening classes. The daycare license has been approved by the State of Minnesota, and it will authorize operation from 6:30 a.m. to 6:30 p.m., with a maximum of 29 children divided among the three rooms. The daycare operators are in the process of installing an approved exit window to meet the fire code and they have planned escape routes to use nearby •exit doors in the event of fire. (The daycare will be using the adjacent City park as part of the outdoor play area.) Section 205.07.O1.C.(4) of the Fridley City Code allows daycare in the R-1 District provided that they are located in churches, schools or other buildings located on an arterial or collector street. The code requires that one parking space be provided for each 100 square feet of useable daycare area. As the church zs located on a fairly large parcel, they can provide approximately 200 parking spaces, as illustrated on the attached site plan. This is more than required by the zoning code. There are two driveways which can be used for entering and exiting the site. Also noted on the site plan are the proposed drop-off and pick-up locations for the daycare center. Currently, the eastern most driveway is signed for "exit only", and the western most driveway is signed for "enter only". Staff suggests that it would be better if the signage at these driveways were reversed, as it will be the tendency for people entering off of 73rd Avenue and Jackson Street to want to enter in the currently signed "exit" driveway. However, given that there will not be a significant volume of traffic generated from this daycare, staff is not recommending it as a Staff Report SP #90-02, 123-ABC Learning Center Page 3 5S stipulation oE approval. The church is well screened from the adjacent residential housing on the east and north, with a combination of fencing and vegetation of both deciduous and coniferous type plant materials. Recommendation Staff recommends that the Planning Commission recommend to the City Council approval of SP #90-02, to allow a daycare to be operated in the Grace Evangelical Free Church. The site provides for adequate parking and driveway space for dropping off and picking up of children, and is well-buffered from the residential neighborhood with existing vegetation. Staff recommends the following stipulation for approval: 1. The daycare center shall meet the requirement of the uniform building and fire codes. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council. They included a second stipulation as a condition of approval: 2. The petitioner shall submit documentation regarding licensure and outdoor play area requirements prior to City Council approval. CITY COUNCIL RECOMMENDATION Darrel Clark, Building Inspector, and Dick Larson, Deputy Fire Chief, will be completing final inspections on Friday, March 21, 1990. Staff expects to receive the licensing documentation by the City Council meeting on Monday, March 26, 1990. If staff does not receive this information, the daycare will be unable to open until we are assured the State issues the license. Staff recommends that the City Council concur with the Planning Commission action and approve SP #90-02 with the recommended stipulations. SP ��90-02 123-ABC Learning Cen , T. 30 R. 24 ��`�� '/ 7►rtl' AMEAR IN ilE AMORA CC , omCES �w[C�+nG n� �► a+c nws auws�c a ro�c usen oai� � n�a�oses n►.o rrrt c ir a Noi usroranie r�oR /w ' FR/OLEY '"�'""`� "°�" `°"'"'" �- 5391I ':� 4 ,�, .� �2 � � MN �w NE CQfM �� l_I1�� J � ' L�J �J L�J � ' SEG �i �AI�— S'�iFE--A6 H16FRIM1�— i4�i�—AVE1�—#tE-- " �—T � CORPORATE LMARS OF c_.L�� i.•_....— ic' '��✓'rr it. � , qTY OF FRDLEY —', I�"-- H• I _,� r Mt7 CRE.�T i ��w d' � :.... . �� i _ � �r__... . , CF� �„ �� f � ` �ii A�VI � � � � 13 73rd Avenue � r6rM wre. KE � , � ;f . � � ,� ,,, „ , �,,,, � � �.� � �' O)„ ' R h, a" I I . , � s E. Nr CiD+�Nt7 9��✓y� S[Lu 14 tO/AND IY. ANOEffON COUNfI' StMVEYOt ror� couwr, w�oa LOCATION MAP _. �% � • n �• 0 2 � a _ � _ Y 2 � � f- SP ��90-02 --- - - - � 1_ 1 f 1� Il/fl M � 1 L,S-AtSI. Learning �en�er , 1 � 1 1 xT� `� � � � - i � 1 1 1 � � � � A�� '� � � � � � E � I' I? l` I � �• ;\'2 �\ 4 ' �i1• .r � •� ' •.� t ;F\ � � "I I .'..•'r. 1, ,� yl • r L-��1 (1�� •a �. •ti.;.��:�:`1e• ,�: •��. t(f,'' '�' ' 2� ' ,_ ,• • • 1. t i��' J� s` • � ��. '� �. I. h 1j .� � �� . r� �,�� • �. 1j` ♦ �i �t '' /� � • � • . 'e f! fV 6 e t.'. f �� a� � � o e• t�� I 1 '4 ,� , � ' ` e • .r , , • • 1 �� , .�• , ,s , � ti ' . .��. �- `' � i o � /_ � � � _ . ,� � . .'l. .3 r ,� � � �� /3 . � .,, ti. . I N > , �+ /I � � . � - � -� '-- --� � , TR�/�%�% //// / � REGISTERE �r ////�// �LAN� //// � U � � � �� G15� / ////, � n ,� {� � � S Q + 1 �- :�� ? � , c `" �+ ... j i v� � �;�: Y � y � M�ADSEN �� A' ' �l �� ?4 R h; �� 7 `L ' °"i � � � T3 Rp AVENUE N � ' Wj � �. � Z �c � .' �� Np . b / / / W ... . . �....c ..� ,.., - � � a � ;'�'�,i �-►�� `1� a � C+, � � •" � � � `' C v~i � � �'? � .� � � �'! '� , � `� -� � ,�,�� ,.� � � ( �G�U Bh4L� � C�ir� � y �1'� � � � � `� `� "� � �� .i `.i f� p � -� � � � .�t' � � � ,� ��"�r � � ' � :11. `�� • �� `� �� r`.`•'�� ' � � � �,,,� � � .�., _ � ` a s �• 1 � 4, � .� �� ,' �� • � f� ;:� � � �'� � -�� - � �� ► � ��. � � ,�� . � � V j7 • Q ' \� L? '� �� '�i � � 'd �`�j j(�\T . �"`�I � � � ^� � �'i `� `,~��,.ti '+' � .� er'� v� e7 �'i I _ . � •�� ZONING MAP � SP �� 90-02 123-ABC Learning Center � -�!�� ' "'� "T "T7r r , -c.. � � � �. ., a � , � i� 1 �� ' �T, �'_ �a � r ti.�►'►',+"''��.•�;�1��w+r�• :'`�' O � ��\��r%��1r�� c I � , f ►— -- • --- I _ ; or.a. •.aa �rr �rtr' +�o � c� " .S�G�+;;�.d�►j'i� G�f-�I4�'� i `�� Pt�t-�I i�.go�/" � ,. . . � r� �CR�� E�'�J`�!=l.k►:rl. ^!IVItY, M� n f/ Pick up locations � � � . ��Q�� c�1�c}� �'y� ��is:K . � ----`'� � wu�e s� wwwn� r�► �oo, u�:.wa •wi.o snra�. ylrwyyW�, 11WyK'� lM/1 A» ais� SITE PLAN 0 � r i SP ��90-02 � � � � � I � � � I 1 � 1 I � ent � Day care Rooms 0 . � ,■ ;� s �r�� : :- - - - _ - ; --- _ _ -- - STA774�= � -- _ G�.c� eY��uc�-:_��=-uau�}1 .- ; r'�o`v Z�, r*°�xi,'ta► - --� ----i:x,a�---�- � _ — � ....,.r....... . �, „�...,� .......,,.,...� �.�.,..,.. w�.�...�. r.,. .+.p.�.00 c FLOOR PLAN 5W � PLANNING DIVISION 5x � MEMORANDUM cinoF fRlDLEY DATE: March 21, 1990 �� . TO: William Burns, City Manager �4 FROM: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Set Public Hearing for a Rezoning Request, ZOA #90-01, by Murphy Oil Attached is the staff report for the rezoning request, ZOA #90-01. The ordinance requires the City Council to hold a public hearing for all rezoning requests. Staff recommends that the City Council set the public hearing date for April 9, 1990. MM/dn M-90-199 � 5Y � STAFF REPORT APPEALS DATE �'�� pLAMrV(' COM��SSION DATE : March 14, 1990 FRi DLEY CtTY COI�VC'•IL DATE AUTHOR MM/ dn REQUEST PERMtT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZ E DENSITY PRESENT ZONING ADJACENT LAND USES � Z�i� �E$ PARK DEDICATION ANALYSIS FNVANCIAL IMPUCATIONS CONFORMANCE TO COMPREFENSNE PLAN COMPATBILITY WRH ADJACENT USES E� ZONNG ENVIRONMENTAL CONSDERATIONS . STAFF RECOMMEI�ATION APPEALS RECOMMENDATION PLANNrlG COMMISSION RECOAIMMENDATION � ZOA 4�90-01 Murphy Oil Company To rezone Lot 33, Aud. Sub. 23 from R-1, Single Family Dwelling to C-1, Local Business. 6443 East River Road N.E. 15,600 square feet R-1, Single Family Dwelling R-1, Single Family Dwelling to the east and south; R-3, General Multiple Dwelling to the west; C-2, General Business to the north. Yes Yes Approval with stipulations Approval with stipulations 5Z Staff Report ZOA #90-01, Murphy Page 2 Backciround Oil Company The petitioner, Murphy Oil Company, is requesting that Lot 33, Auditor's Subdivision No. 23 be rezoned from R-1, Single Family Dwelling, to C-1, Local Business. This parcel is currently addressed as 6443 East River Road N.E. Site The parcel to be rezoned is home and a three car garage. types of vegetation used for Analysis currently the site of a single family There are mature elm trees and other landscaping on the site. The petitioner is requesting the rezoning in order to combine Lot 33 with Lot 10 which is currently zoned C-1, Local Business, in order to construct a new convenience store/gas station. The petitioner has also applied for a special use permit which is required under the C-1 district to allow a motor vehicle fuel and oil dispensing service as an accessory use to a convenience store. The petitioner proposes to remove the existing structures on both sites in order to build a new convenience store which will be farther away from the adjacent single family dwelling, units to the east and south of the site. This will bring the property into greater conformance with the 2oning code (the petitioner has also applied for two variances which the Appeals Commission has recommended approval to the City Counci2). Greater area is available to provide adequate screening and buffering from the neighboring residential uses. The rezoning of the parcel would increase the area zoned C-1 to equal those areas currently zoned C-2, General Busines, which are across Mississippi Street and East River Road (Christensen Auto Body and Riverside Car Wash). The C-1, Local Business, district allows for neighborhood uses, and the proposed use would be a neighborhood-oriented use. The petitioner has submitted the results of soil testing for potential contamination and there was found to be no contamination on site. These results have been reviewed by the City Engineering staff. Recommendation Staff recommends that the Planning Commission approve the rezoning request, ZOA #90-01, by Murphy Oil Inc. as the rezoning would allow for greater conformance to the City's zoning code for the parcel and would provide greater area for screening and buffering of the residential neighborhood from the commercial use. Staff recommends 5AA Staff Report ZOA #90-01, Murphy Oil Company Page 3 the following stipulations: 1. Approval of the special use permit and variance requests. 2. The parcels shall be combined into one tax parcel. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations as recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. � 2 SEC. l5, T. 3 0, R. 2 4 C/TY OF FR/OLEY cavoav�vaw Ma e � t;l � � � ZOA 4�90-01 Murphy Oil Co• C �� 7 �i 8 '; C _ _ , . ... . ��.- ,,,. , . � � ; �� "' � .� .. ) I .M.. • � t�O.. �. � �.` `l.-.� _� _ _ A� :� o' / I�0 43 �� 4 ( `� .� � � r�� :,.*;::. M'J ' � ! � \^_ ..- __ L *. . M. i r. •. �r �9 � r. - ;r. :� �� • ' " s�TE � j - ✓� � , � �'~. °r : ��. j `_ JG 1� � � 1 � � r � :� � � ;�.�� I, _, �: �; � • ,; ;�__�� ; � �.. �= +�-_.i � 7,tm . � y i . � ; r.--r= � a �� i ` � • s ---J _ ¢ � � ' ~ i �, ~ r J — i !' _ .. r i - 1 �.•. i �_� _ ..�_-- t i� ; j; . � : � , �J 'I �Y � ' . �' {i � - �/� � _ !�� , J • � - ~ �. � `L Ii . � ��. � ) � I� • '� �� 4e�� ' ,. e �.� _ , .- ,. " . �� f✓.. . l�o� � 1 M+'^'" 4�. �. :. o,.� LOCATION MAP � ■ y � � �4�� i e% _ � � s��i E _ � ,f ; i e ii I� f� z �i i. �e . - :•- :? : � �t �� s . ;��, �� M�Y• �O � Y'� e'�8� �� :; �� i�.r .� .• .. � Q Q e S S i , �� , , , -� ��, ,;' `';, i I,._ , i i i( i . � i I i � I � R � E ' . � : 6 � � _ = w � 4 � � � II � i � _ £_� � � r ! i ' � � ;� � � � � � r � s � O ■ M�s�surn W�r � a �- �� Z�F j� � �i 1� � � � ', I S ZOA �� 90-0 I Murphv Oil Co. �3 s s ;�- ��_ �2i ��`� C� `i � �� I I I � � � � � _-* �� Ii �� r �� r, � � ti � .� ` � � � - t ' SITE PLAN ._.__- � � W 0 � � � , � � F � v v 9 � � �: � � � 0 0 �� x iA � �� $�� 93�� ZOA 4690-01 Murphy Oil Co. � � �5' i t I a � O � � O 0 0 CROSS SECTION �.�. � � : � ., � �� ' � �, �, �� ' �' �� ' �' �' � �� ,� � �� i� �i �� i� �� ,► �� ,� �i i I� � ii ti i� - --u Murphy Oil Co. zoA ��90-0� 5FF i i i i i i � i I L , : � se _� �, �� ,� �' �� ' �, �, �� , �' i' � �i I� �� , i� i, --�, EL�EVATIVN � � cinroF F� a� C011ItMUNITY DEVELOPMENT DEPART'ME�IT M EMO RAN D UM Dl�TB : March 21, 19 9 0 • ^%/1 � � ��' `" TO: William Hurns, City Manager �, FROK: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Michele McPherson, Planning Assistant SIIBJECT: Variance Request, VAR #90-03, by Frank Schaul The Appeals Commission voted unanimously to recommend approval of this request to the City Council. The City Council should be aware that the encroachments could be corrected; however the City has typically not required correction of nonconformities unless the building were to be expanded or outside improvements conducted. If approved, the variance would eliminate the nonconforming status. Because there is an alternative available to meet the ordinance, staff recommends denial of the variance. NII�I :1 s M-90-169 l•J _ 6A � STAFF REPORT APPEALS DATE riarch 6, 1990 CITY OF �Ar� co�ssion, DArE FRlDLEY CITY COl�1CIL DATE March 26, 1990 �►ioR n'►i� C� REQUEST PERMIT NUMBER APPLiCANT PROPOSED REQUEST LOCATION SITE DATA SiZ E DENSITY PRESENT ZONMIG ADJACENT LAND USES 8� ZONNG UTiffES PARK DEDICATtON ANALYSIS FlNANCIAL IMPLICATIONS CONFORMANCE TO COMPREF�JVSNE PLMI COMPATB�ITY WITH ADJACENT USES E� Z�ONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMEI�ATION APPEALS RECOMMENDATION PLANNKVG COMMISSION RECONNAENDATION VAR #90-03 Frank Sdzaul Reduoe the required hard surface setback fn�n the right- of-way fmn 20 ft. to 18.5 ft. and 8 ft. 8090 Ranchers R�ad Nrl, Light Industrial Park C-3, General Shopping, tro the nort'�; Nf-1, Liqht Industriall to the south and east; N�2, Heavy Industrial, to the west Yes Apnroval Staff Report VAR #90-03, 8090 Ranchers Road N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: B. C. Section 205.17.05.D.5.(a) requires aIl parking and hard surface areas to be no closer than 20 feet from any street right-of-way. Public purpose served by this requirement is to limit visual encroachment into neighboring sight lines and to allow for aesthetically pleasing open areas adjacent to public right- of-ways. STATED HARDSHIP: "The curb and gutter of concrete are in place involved would be extremely expensive, and the is approx. 1 foot over the setback. We will nee for our employees and visitors." ADMINISTRATIVE STAFF REVIEW: Request - the costs encroachment d the parking The petitioner, Frank Schaul, Chairperson of Tru Machine Company, Inc., is requesting a variance to reduce the required hard surface setback from 20 feet to 18.5 feet and 8 feet. This will correct an existing encroachment and clear the title on Lot 1, Block 4, of the University Industrial Park, the same being 8090 Ranchers Road. Site The site contains a single tenant industrial building abutting the building to the south in a zero lot line manner. The parcel is zoned M-1, Light Industrial, with additional M-1 zoning to the east and south; M-2, Heavy Industrial zoning, to the west; and C-3, General Shopping zoning, to the north. Analysis The existing parking lot encroaches into the required setback by approximately 1.5 feet on the east and approximately 12 feet in the northeast corner of the parking lot. (Please see the attached site plan.) in reviewing the plat, which was recorded in April 1981, staff noted that a variance was granted for the building setback from 100 feet to 35 feet. No other variances were granted with the original plat. • : Staff Report VAR #90-03, 8090 Ranchers Road Page 3 sc The original site plan which was submitted for the building permit application contained an encroachment of the parking lot by approximately 4 1 f 2 feet on the northeast corner of the lot. This was due to the 50 foot radius of the intersection of Ranchers Road and 81st Avenue N.E. Fifty foot radii are required in the City's heavy use industrial districts. Unfortunately, the encroachments were not discovered by previous staff. However, the encroachments are greater today than when the site plan was originally submitted. In order to correct the encroachments, the petitioner would have to reconstruct the parking lot. Reconstructing the parking lot would remove two spaces in front of the building. However, there is adequate area at the rear of the building to construct four additional spaces (see attached site plan). Recommendation Typically, the encroachments would not have to be corrected unless the building were to be expanded or any outside improvements conducted. The Appeals Commission could deny the variances as requested and require the petitioner to correct the condition. However, if the variances are approved, staff has no stipulations for approval. Appeals Commission Recommendation The Appeals Commission voted unanimously to recommend approval of the variance request to the City Council. City Council Recommendation The City Council could deny the variance as requested and require the petitioner to correct the condition. Staff has no stipulations if the request is approved. VAR ��90-03 Frank Schaul � �1 ��■ S �/2 SEC. ��TY o C/TY OF SPR r v� c ,v O 31 sec z � %r J - — — � � � i'F'' - ..J., � '_ . . ,� ! r . � .r^`� 9,�) . Wl , , I I '" . . p1� , '. — . ,^` S ;' i ir �' 3 �, �• .M) .� :�af W .�J � - M� �,• ^ \ � I I` W , . � ,� � _ .`�� . i = � '' .' \ �_ � > �I' • i S ��' .. � (u� H�a'`'-- _ - ,I � � � % WY�pWpOp � LANE • ' 1"J � � � .' , r ., � • � � .9 j3 '� •�� `' G .;. �� . ;, r'Y a ,, , , `- " * ." \ r �, Q ' ,�,. z,.: i 3 � , ,. � � y � 'r . • _ � _ , � �% v , c �- __ `� . ,w: _a, ,r , � � � � — �y,y, '_ _ _ �' F ' . + ►. 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J / I : �) `', � � � s i•y.... : �M� ! � _ � i ' � I � `L -- w..�. ti. . pT ES '-� , ; - .r- -- , i ' ; "" � ' 3 r N /� � ' 1 ':�r � 1`+I � � �i ` ,�1 � ( � —_ _ �.� ' T Op�1�0 , . .� '' � ,.- _ . . E � A . --- � � p, �t. � . � . �, SE ; , . , ,; � � , , ; <<� � . � � ,; . ; � � < ;, s> . � ' - . h .., I ;•, ,1 � �, �; ,�, (M' ij��;v� `�' � n r r _�� f r �� '� ! �� ! �;� �... ��' r r�1 � sr eares .•�••�- ___ str r 33 ' i : ' i , . F^ M N i . J-.� � i " I I.` � � �..; ....y�r www.+r. '. ....".. :.......... . � .w.. "� ��1C� r:.�� .. ' � Pp� � " Y � ��' LOCATION MAP n u VAR ��90-03 Frank Schaul SURVEY FOR� PASCHKE 6UILDING +��. ,� e..+ O �o Yp {p b • 8� SI AVE. N.E. . �..� �... .._... . ._ . i u use•,s�s� - . . S 9 -'. I__" . �--- -- �- _. ._.. _ _..._ _„ � ----i.,---- " _ - � I , _ t_ EV'V'n0 I�iL�MGa L�K _� • w \ � / �i�i�'liYt��sl' � • r � � • - : � ,• t ° ° � o ►�t�i � �. 8 .. � j.� _ , Q f�'oe' � w 9 '�... •° _ S �. O r �' / � I — -- � � S P o i0 .+!- E�'� !� . Y p � ' L i .. � 0.. 0 Q, � O � s � � c �• ,� -- - � '� � i' � � : " � I o -- � + -- n J • "' � , , � � + r � ( o � j � , �c -Jr�✓G � 1 7TIC� �' t� � ✓✓ �� `. r ' . j P .�.� r :'� ' �E .C.. N , �..� � � � � 9p M . � j' s � .� , �� -STOqT• BLOCK j � .� � - I _ . . NO 8090 • r i � -- . . � ., . � � � . :° � � o .:,3 �' . . _ rI �3 i ----1 �`: , ••• �xavs ••• , � �� . i - Sroar - B�oC� ea eoso . � � � j/o _ �j _� � -c ! ` � � � S �7 .��' � �• ; i� :� F = � �jW � T.n,a — � U � _�� Q Q � SITE PLAN Engineenng Sewer Water Parks Sireets Main�enance MEMORANDUM �� -' TO: William W. Burns, City Manager�'��'�� PW90-117 FROM: John G. Flora �Public Works Director Mark A. Winson, Asst. Public Works Director e�Jon Thompson, Construction Inspector DATE: SIIBJECT: March 20, 1990 City Council Award of Corridor Maintenance Project No. 199 On Tuesday, March 20, 1990, we opened bids for the Corridor Maintenance Project No. 199. This project covers the mowing, spring cleanup, weed control, trash pickup and fall cleanup of approximately 60 acres of right-of-way along University Avenue and East River Road. Six (6) potential bidders reviewed the plans and specifications and four (4) bids were received. The low bidder was Walbon Lawn Maintenance with a bid of $32,000.00. The low bidder's background was checked and found to be acceptable. If the Council desires, recommend that the City Council award the contract for Corridor Maintenance Project No. 199 to Walbon Lawn Maintenance for $32,000.00. JGF/MAW/JT/ts Attachment 7 • •� � N � .� G •• ��t G BID PROPOSALS FOR CORRIDOR MAINTENANCE PROJECT NO. 199 TIIESDAY, MARCH 20, 1990 11:00 A.M. BID TOTAL PLANHOLDER BOND BID COMMENTS Walbon Lawn Maintenance 3225 Skycroft Drive St. Anthony, MN 554182 Greenmasters Inc. 92 43rd Avenue N.E. Fridley, NIN 55432 J.T. Noonan Inc. 3601 48th Avenue N. Brooklyn Ctr., MN 55429 Talberg Lawn & Landscape 100 Wilshire Drive Minnetonka, MN 55343 Anderson Landscaping Inc 7710 180th Street North Forest Lake, MN 55025 Custom Products & Serv. 1704 East Lake Street Minneapolis, MN 55407 5$ 5$ 5$ 5$ $ 32,000.00 $ 42,350.00 $ 46,800.00 $ 51,175.00 NO BID NO BID 7A � �_ _ _ � �� :•;"., � . �� ;� :�i �' _''�:;�� ">�'7 ' N • „�'" s �'�:•3'•!^'i JI�.� �.y.' .i `�' ;, �; �'•1 �F�� „°�•� '� �'�' j� :1�..... ,.7��'.,ia'i�.� � NORTH OF OSBORNE , � : l,, MEDIAN & WEST SIDE ONLY s►� �..��.,1�, ��, _� �, - ��,;.. � �'\�-:: ��-�-` � . � �,�.�' ,�J , ':1., � : \ �� :L` I� �'�'_ 1 � � i= ��y „~ r ��.,,,�-��°;;=, _, :y ' �'J':Ty,�s^'�� ;4,�'>{a:�.i��•".•�iJ.� �E ' Ji�� 4 " �..; r. •� .`.�: .s �.�.":I• '�� .. _ r' � : . � � ��/. , ^ "�� ""'*�.� ve! �a � a.-�; CENTER MEDIAN `� ; �,- � INCLUDED =_�.--- - � � � - N � ' �� ' ��"* �� ►•`'_-�`'.', �;��; - - (, W�` '�'E j' � ��' ��f � � li I�� ' 4��. '.. k � � �� /-"�'��I�'�5'��`i �� i jj �I � da (l � _t_f i � -i.� % �� J � � y JI r •�. . � ��'II +�� F .' :� r / i y \''�� '�i�%% , ��f ��. —�� w _._ ` Y \��\♦�I = �..�.^JiL-�La_ � .:) �,��I ' CENTER MEDIAN INCLUDED l �;�� ;.�� . r�.• � c,ej;+- p , •,�; I _� , '� — .� "`I � � • . � �� • + • � • • • � ... CITY OF FRIDLEY —� �� _ ..... c«.... �..w.. � � VOTING 9CNOOL — � pSTRICTS _ p$TpCTS k�_ �• �w �"� - ` � i . �% ��+L �'� tL... _�'- �_ i ,,��-_' -- -_.... �� r-� rr-, _ _ ;. -� �� 4. _ ; � ; � _�j r •.�. �.r � ' •r~1`•_l.. �� — ' ��_�._ ::�:... —� � � � � UNIVERSITY AVE. MEDIAN INCLUDED S�p��'KE�� -•7 �ti � _ ,-.'k-�-1 i_ I � i�� ,ir-31��--- ..—� —. _ �� - � � + � � �- • • � ( _�"'�- ' ,k ��—i �r---'L—_ 1� ti_- .-.'' . ( 1� � � _� r. � - 1 ! i �Is � .;, `- /.. � ± i t ,r I j� _ .. _ 1 �' � � !��'_ — � i =�^-� r' � I J- - � / / . _': , � -,'. � � t - � ��. cr , -,.�.� � --' � ' �_.-. , �,,,.. "_ _ _� -� % r ,__ _� ::-- � ` '; � ! � `- -- -i '�� - T� -I'L �--- �-' �_--�--�-�- _— _-._ .— -:,- -�1,. ` Y � , i� _ i G -� _ I � � : =— �I x� : �� ; .. _. ._._ �= 'r_" �• '.._- :��-=�r-�`r*=�"` ,'` �; i NOTE: HIGHWAY FENCE ENDS AT 69TH AVE. �L'!_��•. .� a�.' � �.i •_ i`6'"'��"' ,�_-. ,-�C� �� i��✓� �' (- n � �C ' �J :c�' � i�l"y � .�� • ' � CUTTING REQUIRED ON� °y:v��'yT, - � �� .:; � � p e rJ •``4,�M�r�iti:� � �/ �i�l �BOTH SIDES OF FENCE �i y �J(�� ,i�,�%J�F��I ;, �• ;�� l' ' -z'�EL%► - � � /,•✓' ;, i i li '� =--- �. _'. ....� ' I!'':'_�: I iI#'.I ia �s li !� , ` ,-k �+� �� d: i r, � � f F I ��I -- � i�t - - ��. f ''� � � ��y� �� -- , i �� ,1�1; i. , � , ; , �f �� I � , s � �.• 1� • . �� IIIIMI � I ��I! �1 � � // a � � V, � ��! I.'�y --� i I ' +. � s_ � t � � � �, = i �� ` I :� '�� ' �� \ \ ��J� 1 t � �r��\ __ � �' ��'�� 1 = �l�l.l� � �� + I , _"' � � �,� , „ � �:°� K • _ y� 6"�r..'t.�..�� - - ��':_�'�r_:�,�'�..,�:;i� /, �,�F- -- 0 MoQ�E /p t �� u a�n .�: - - - --� C `-�y CUTTING REOUIRED ON�O + � �, �� ' ) N BOTH SIDES OF FENCE = y; '� > � �J - �_ I.�. _ . s n Cfl ��(( \` it-'�-�: .,•�.. �u PROJEi �si. � '`"�' � ..._. ».._ .�.�: .. ��....... ��J' p � y'= y� """.� .�^. � � CA.L. � �.�.' R�' G�� .. �_: n � --- ..� ^��_: � �_i ...� ==.i�.. �: - � =:i: a SS� . � '.^.��: �« Lt��: C a� :- a ``�^x :a i:..c. s�= -M = _ � _- "_ -� =_: _- xz- _� �T # 199 ..�.,�,. ...: �I L» 7 2xxZ �w C . `. � .C,. � ss-_ � tt "y.� ' 's_= � c� � ; =-� =.- �_: � _- �� Z �'�' c� �- tt E: i ' -. �, „ =a=. '�� s- � £tie ..' �= � = =:• ....: .�. Engineenng Sewer Water Parks Sireets Maintenance MEMORANDUM �}� TO: William W. Burns, City Manager �t'�, PW90-99 FROM: John G. Flora,�Public Works Director Bob Nordahl, Operations Analyst DATE: March 20, 1990 SUBJECT: Recommendation to Award Contract to Purchase Two (2) Park Diesel Tractors and Brooms On Wednesday, March 7, 1990, bids were received and opened for two (2) Park Diesel Tractors and accessory equipment. Three (3) equipment dealers received specifications and bid forms to bid the tractors, optional accessory equipment (brooms and plows), and optional trade-in of two (2) existing tractors. Only two (2) bids were received. (See attached bid tabulation forms.) Isanti Equipment, Inc. had the low base bid of $39,863.50 for the tractors only and including the accessory equipment and trade-in of the existing tractors totaled $45,163.50. However Isanti Equipment, Inc., did not submit a bid bond. Scharber & Sons, Inc., did submit a bid bond with a base bid of $40,700.00 for the tractors only. The total bid with the optional accessory equipment and trade-in of existing tractors totaled $45,925.00. After analysis of the bids, staff recommends accepting the base bid from Scharber and Sons, Inc., for $40,700.00 but not accepting the optional accessory equipment. It was determined that purchasing the brooms direct from the factory and utilizing the existing wing plows would result in a savings of over $3,000.00. The installation of this equipment could be performed by the Fridley Mechanics. Also, it is recommended to accept the trade-in of the two (2) existing tractors for ($9,400.00). With this trade-in the total bid would be $31,300.00 from Scharber and Sons, Inc. The bid for the brooms of $8,600.00 is from Sweepstar Broom, Inc. The total package would amount to $39,900.00 for the tractors and brooms. 0 � FWDLEY : � Page Two - PW90-99 The 1990 Public works Capital Outlay Budget has $44,000.00 approved for the purchase of the two (2) Park Tractors and accessory equipment. I, therefore, recommend that the City Council award the contract to Scharber and Sons, Inc. for $36,200.00 to supply two (2) diesel tractors with the trade-in of the two (2) existing tractors and allow the purchase of the brooms from Sweepstar Broom, Inc. for $8,600.00. If you need additional information, please let me know. JGF/BN/kn Attachments BID PROP08AL8 FOR TWO (2) 2-WHEEL DRIVS DIESEL TRACTORS WEDNESDAY, MARCH 7, 1990 11:00 A.M. BID TOTAL TOTAL BID PLANHOLDER BOND BID W/OPTIONS Isanti Equipment Inc. 538 South Main Cambridge, MN 55008 Scharber & Sons 13725 Main Street Rogers, MN 55374 Osseo Sports 340 Central Avenue Osseo, MN 55369 NONE 5$ $ 49,625.50 �$ 45,163.50 $ 55,324.00 $ 45,924.00 (1) $ 53,224.00 $ 43,824.00 (2) NO BID : � Engineering Sewer Wa�er Parks Streets Maintenance MEMORANDUM � �?} - TO: William W. Burns, City Manager��'� FROM: John G. Flora,�Public Works Director DATE: March 20, 1990 PW90-116 SIIBJECT: HNTB Engineering Contract - Design and Improvements To Well No. 12 and 63rd Avenue Booster Station Proj ect No . 2 04 We have received a letter contract from HNTB regarding the engineering services for designing and inspection of the improvements to the 63rd Avenue Booster Station and the modifications of Well No. 12. The project is associated with the City�s water storage requirements and provides for increased pumping capacity between the low and intermediate water zones as well as diverting the WeZl No. 12 production directly into the intermediate zone. The amount for design is $17,628.00 and the construction inspection amounts to $9,850.80 for a total contract amount of not to exceed $27,478.80. In order to initiate these improvements this year, to improve the water distribution within the three (3) water zones and to compliment the construction of the 1.5 MG elevated water tank, I would recommend the City Council authorize the retention of HNTB to complete the 63rd Avenue and Well No. 12 booster station modification agreement. JGF/ts Attachments 0 �. � • AGREEMENT FOR ENGINEERING SERVICES FOR 63RD AVENUE AND WELL NO. 12 BOOSTER STATIONS FRIDLEY, MN This is an Agreement between Howard Needles Tammen & Bergendoff (HNTB) and the City of Fridley for engineering services for the 63rd Avenue and We11 No. 12 booster stations project. This Agreement shall include both design services and construction engineering services. General Conditions The general conditions, found in Attachment A, are incorporated into this Agreement. Scope of Services The scope of services for design services and construction engineering services are described in Attachment B. Client Assistance The assistance to be provided by the City of Fridley' is described in Attachment B. Additional Work If requested, additional work shall be mutually negotiated prior to initiation of such service. Comnensation Compensation for HNTB's services to complete the design phase will be in the lump sum amount of $17,628.00. The lump sum price of $17,628.00 does not include the Minnesota Department of Health review fees, which would be paid directly by the City o£ Fridley. Compensation for HNTB's services to complete the construction phase will be in the lump sum amount of $9,850.80. The lump sum amount of $9,850.80 does not include the cost of the bid advertisements, which would be paid directly by the City. As provided under Minnesota Laws 1980, Chapter 614, Sec. 51, all books, records, documents, and accounting procedures and practices of the Consultant reIevant to this contract are subject to examination by the City and either the legislative auditor or the state auditor as appropriate. . � � � The Iump sum amounts listed above shall not be exceeded without an amendment to this Agreement. It shall be the responsibility of the Consusltant to originate all requests for additional, encumbrances, compensation and for supplemental Agreements. 'ISme of Completion HNTB will complete design services within sixty (60) days after notice to proceed. HNTB will complete construction engineering services within thirty (30) days of completion of construction. Contact Personnel HNTB's designated project manager is Mr. Tom Roushar. All contractual correspondence and copies of technical communications should be directed to Mr. Roushar, who will be responsible for overall project control. Mr. Tom Roushar Howard Needles Tammen & Bergendoff 6700 France Avenue South Minneapolis, Minnesota 55435 (612) 920-4666 The City of Fridley's principal contact person will be Mr. John Flora. All project correspondence and communications will be addressed to Mr. Flora or his designated local representative, if requested. Mr. John Flora Director of Public Works City of Fridley Civic Center 6431 University Avenue, N.E. Fridley, MN 55432 (612) 571-3450 Authorization If you agree with the terms and conditions of this Agreement, please indicate your acceptance by signing the original and two copies and return the two signed copies to us. The original is for your files. 2 sincerely, Howud Needles Tammen & Bergcndoff BY� 'c ard D. eci�an, .E. Partner Date• ��N..�e,�. ACCLPTED: Ciry of Fridlcy By: ili�am ce, ayor Datc: z� . � ATTACHMENT A GENERAL CONDI'I'IONS nvie HNTB will submit invoices to the City of Fridley monthly. Payment is due within thirty (30) days of receipt of invoice. Invoice shall be itemized to include employee name, hours worked, labor rate and elcpenses. Hazardous Waste HNTB shall be held harmless for any hazardous waste encountered within the project site. Plans and Documents All plans and documents prepared by HNTB are the property of the City of Fridley. HNTB agrees not to release any plans or documents to third parties without prior authorization from the City of Fridley. HNTB shall have the right to retain a copy of all plans and documents. Standard of Care and WarrantX Services performed by HNTB under this agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Insurance HNTB shall maintain insurance to protect itself from claims arising out of the performance of professional services under this Agreement and caused by any error, omission, or negligent act for which it is legally liable. HNTB shall maintain this insurance in force, if available, after the completion of professional services under this Agreement until the expiration of any applicable statutes of limitations. In the event there is no such statute specifically applicable, this insurance, if available, shall be maintained in force for a reasonable period after the date of completion of the project contemplated hereby. HNTB shall maintain insurance to protect itself from claims under worker's compensation acts, from claims for damages because of bodily injury, including personal injury, sickness, disease, or death of any employees or of any other person, from claims for damages because of injury to or destruction of property, including loss of use resulting therefrom, and from damage to or destruction of property, including valuable papers and records coverage, and including loss of use resulting therefrom. 4 HNTB shall, upon request, furnish to the City of Fridley Certificates of Insurance evidencing all insurance required hereby, including appropriate evidence that each type of insurance has been properly amended to include coverage for this specific project. These Certificates shall contain a provision that at least 30 days prior to written notice will be given to the City prior to cancellation, reduction in or non-renewal of the insurance. 13103(3)/WellNo12AN 5 9E 9F ATTACHMENT B SCOPE OF SERVICES FOR ENGINEERING SERVICES FOR 63RD AVENUE AND WELL NO. 12 BOOSTER STATIONS I. SCOPE OF SERVICES CONSULTANT'S DUTTES A. Desi�n Services During the design of the 63rd Avenue and Well No. 12 booster station project, HNTB proposes to perform design services on behalf of Fridley. The services will include the following: 1) C3rd Avenue Booster Station The CONSULTANT's work under this task shall include: Determine the required increase in booster station pumping capacity; Analyzing the need for improvements in suction and discharge line capacity through the use of the Kentucky Pipe Model that was previously developed; Designing the required piping, pumping and electrical improvements; Designing metering improvements; Preparing plans, specifications and contract documents; Preparing an engineer's opinion of probable construction cost. It is the CONSULTANTs assumption that no structural additions to the pumping station will be required and that the City staff will design any required watermain improvements. 2) Well No. 12 Booster Station The CONSULTANTs work under this task shall include: Designing the required surge control valve and piping improvements; Designing metering improvements; Designing electrical improvements; Preparing plans, specifications and contract documents; Preparing an engineer's opinion of probable construction cost. It is the CONSULTANT's assumption that the improvements to the 63rd Avenue and Well No. 12 booster stations will be designed as a single combined project. B. �onstruction En ineerin�, Services During the construction of the 63rd Avenue and Well No. 12 booster stations project, HNTB proposes to perform construction engineering services on behalf of Fridley. The services will include the following: 0 1) Bidding Services The CONSULTANTS work under this task shall include: Placing the bid advertisement in the Construction Bulletin; Distributing plans and speci5cations; Responding to contractors' questions; Attending the bid opening; Analyzing and tabulating bids; Attending a City Council meeting. 2) Office/General En ineerin�.Support The CONSLJLTANT'S work under this task shall include: Attending pre-construction and other construction-related conferences; Minimal site visits by key staff to observe the progress and quality of work and to determine, in general, if the work is proceeding in accordance with the contract documents; Reviewing laboratory test results and field test results for conformance with the contract documents; Reviewing shop drawings and manufacturer's literature for conformance with the contract documents; Acting on the City's behalf in the interpretation of the contract document's requirements, and assisting the City in settling any claims or disputes, including preparation of change orders; Reviewing and approving the contractor's partial and fnal requests for payment, including schedules and quantities. 3) Resident Ins�ection and Construction Survevs The CONSUI.TANTS work under this task shall include: Minimal site visits to monitor and inspect the contractor's work for general compliance with the contract documents; These visits will occur, at a minimum, during key points of construction such as but not limited to: Piping, equipment installation, painting, and instrumentation and control installation; Reviewing and approving quantities in requests for monthly and final payments to contractor(s); Preparing periodic inspection reports covering the work in progress, delays to construction, unusual events, visitors to the work site, etc.; Preparing record drawings of the completed project based on information provided by the contractor; Supervising testing and inspection; arranging for, conducting, or witnessing field, laboratory, or shop tests of construction materials as required by the plans and specifications; and determining the suitability of materials on the site and brought to the site for use in the construction; Interpreting the contract plans and specifications and checking the construction activities to assure compliance with the intent of the design; Measuring, computing, or checking quantities of work performed and quantities of materials in-place for partial and final payments to the contractor(s); Maintaining diaries and other project records to document the work. 7 9G CLIENT'S DUTTES The Client's duties will include placing the bid advertisements in the Fridley Focus and paying the Minnesota Department of Health review fees and the costs of the bid advertisements. HN'I"B will not initiate any engineering services without prior written authorization from the City of Fridley. wr,u,00nu�w+oiza�e �� =1t � � unroF F�a� C011IW1UNITY DEVELOPMENT DEPARTMENT lV1EMORANDUM D�TE: llarch 21, 1990 � TO: William Burns, City Nanager ��' �ROK: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Lisa Campbell, P2anninq xssociate BIIBJECT: Yard Waste Transfer Contract Staff has been workinq with LeRoy Christen, Rolloff Supervisor, and Roy Haake, Account Representative, of Waste Management, Inc., to secure a service aqreement for yard �aste transfer durinq the 1990 yard waste season. Waste Manaqement'6 standard contract is for three years. eliminated this section and have instead listed April 1, November 30, 1990. Proposed per load fee is $125.00 fiqure as staff's earlier cost estimate was based on) estimated total cost of $10,819.60 for the eeascn, Management staff has agreed to these terms and payment The City Attorney has reviewed the document and finds correct in form and legality. Staff Recommendation We have 1990, to (the same , with an Waste schedule. it to be Staff requests that the City Council authorize the City Manaqer to execute the service aqreement with Waste Manaqement, Inc., as presented. LC:ls l�i-90-201 10 - Wasfie Management of Blaine 10050 Napies St�et. NE ' . ..:a•��= ,.:i: _ .: ��:3'" �ti: a� '••sC.' 3 =�.,: .:- . Mknwsota �5434 � - - ' '� �� ' ,. . Bis�� ,, >,� � < � *� _.'^'- t�-.-..,.er '1 �,� . . . i �� s � � � , ._ . A 1 -.' • + . ' .:..rifr � y�, " t4�1w r,+.�.,,,n . _ . 612�76�-6349 ".. _ __ .�..� ._ .--. vT - ' _ �, _ _ � .. � . �. _ . . __ _ �- _ _....�. . _ -�-- .m._.._ . � .,..�.....: :_..�. ;.+c-.-„�.: . �..,1......:. CUSTOMER'� SILl1NG NAME � » �� t�.�,�r,i. __.�._� - `CITY OF �RIDLEY --- ". � "` • Y .� - _ � _ ., �.r�. CUSTOMER'S 41LLING ADDREYB . __:...�a..,t--�.._,_:..r.e:��..�.�.,. :�°r�'�!'?,�:, __...�:-.;.i.. �__ , :-_ 6431 UNIVERSITY AVE __ l CITY, STATE, ZIP COOE . FRIDLEY, CUSTOMER CONTACTB • '7 . SERVICE LOCATION _,:._; . 8ERVICE ADDRE�B= • �• K REFERENCE 55432�: .� " . ; _, .. :� . �_ t.. ' �•, . . .. . . _ TELEPI�IONE N0. . • . _ . . - � . . . . _ .c . . -. c .. _ . ••� -. . TE1.ErMONE NO: `.. SERVICE AGREEMENT NON�+IAZARDOUS WASTES � r : f .r•+. :�� , � - .� . _. ? ,� � �, , � . �� y,.. y: � � ` ` ��° ,�' 1 �`"� �a�„3 . z� �._ l � I"."'" � `' ` � � 1 ��z� :�� ;, -:.,� << S . . - . . - - . . . . . �.�.. ,,, . . , . CUSTOMER P.O. ., � - .. . . -. . -� . . �1.i_ '1 . ..T. .i` • ..� . � . " ..... CONTACT , � •. . , .. - TELE�HONE NO. • = . . CONTAINER SPECtFICATIONS � 11 r�Ear�t�c.w oF senv� SCHEDULE OF CHARGES � O�A�'IE�� BERVICE CNARGE PER MONTN = �PICK UP(S) �� E PER PER WEEK YARD OvER CONT. SPEC. f CONTAINER USE CHARGE S EFFECTIVE SERVICE DATE �APACTOR I�SE CMARGE S SERVICE CHARGE PER EFFECTIVE DISC.OATE ❑ YARD S ❑ CUSTOMER OWNED � LOAD• S12E s 125.0� ***J WMIOWNED OR SI2E s E�LlIP. PROMISE DATE LIFT SI2E S p,U. DEL. DATE DELIVERED SI2E •INDICATE COMPACTOR LOAD WITH A "C" PREVIOI�S SVC S (OFFICE IISE ONLY) � � g40 ❑ TICKET PLATE ❑ ❑UPDATE ❑ CUST.FILE ❑ STREET LISTING ❑ SAI.ESUMNL4RY ❑ COIdPACTOR FILE❑ ❑ TICKET TAB ❑ ROUTE GARD ❑ SPECIAL INSTRUCTIONS , _ *** ANY APPLICABLE DISPOSAL FEES TO BE PAID BY CITY *** TEN TON LIMIT ON 40 CUBIC YARD *** DEBAGGED (LOOSE) ONLY THE TERMS AND CONDITIONS ON REVERSE CUSTOME R CONTRACTOR AUTHORIZED &�GNATURE REPRESENTATIVE'S SIGNATURE TITLE DATE TERRITORY NO. �ATE Wn�le • Of�ice. Yelbw • Customer, Pink • Delivery, &ue • Sales, PAP &520 YVIANA-003SP (3/07) CUSTOMER'S COPY __ _ �.;. ; 't-r � ° _ t �.,. �,.."i "_ � rF -- _ . . _ : __ - - - - : -. � - , - �_ . -,_ - : - _ � -�* - --- • � -� , � �'ERMS AND CQNDtT10NS OF_�EqViCE XG EEMENi � _ �`'.�'f , ..-. . � � � '; sl ♦ . � ... . '. :i .h. . ... . �.. . _.. ':.-.. _ _ . .. y . ._.:-_'_ �� -- - r+-� �r - -� ._. . , r .- . , . ; :,: . . ._ � � ,.� _�� y.� � ��9�� "�,-`-- -�M: �c�a��t�rr�ro� �' '�°� .:.-.— ;-, . .. T . . ._ ..>.� _ . . . . . . _ . . __ . . ,._.___� .. � _ .: ,.�__ �. . ____.,_. _ �.._ ._ _ _ . �-,.. _ . . . ._.�._. _ -.: _ - --_ - - - _ ,. . .. : . - ..-, . , __ _ -- --..- . �. ��-_� �..�: _. . . . � . ...t . ,. ,. . , . ; ; �. . � . . . . . .- . -. . , . _ . . . ,�.'�.�.�-. _%.�...d:� � � ---' _ ' _� � - - _ _,. .__ ,= - ' ` _ , _ -�-.b..:+o— : .. —z. -_- ._.;`� __- .__ : .• a:,.e f.� 2- .__ .�__ . _. -.� .._ .�_ :_4 .:� ,..._ _; .. _ �" �"'� °MIAS7EMATERtAl.8.,C+�etome��r��itis-yr�ila.prr��ierial��l1!�tL4�.tQC�+��Sloingreundsrwil.lnyt�onteinanyhazar�ou�, -- ' "� '3•�- '�xic or tadioact�vA'w�aS or substences. as dMined by applicabie fiederal� �state. local oc �ravinciallaws �r +eyutatiahs: Cwitot�iat �: `- -- -�,.:�c�Cnowe7�yeaihatfie�afre�d�.onepagedoc�nnementitted'�or►trect�'s�efi+�ki�iiaiSpecialWaste"-�1',tNmNq1NMNA-d1788ADdeted �t�'�; �° -]OJ86) and warrants thatihe wAate materlatsbe[iverad'to�antrsctor her�rnde�rHl ncticontsin anyspectarrrest�as¢o �efined,vMese �^ �� ,-"T'.`—.�. . --- -; .. ,�--�►i x ar f ba$ ia �a fNaste Matedat pso_fite Sheet" attached_ ►�ere_to. Contraclor shai� ire title iotf'ie - -, �.. �_!c?liy�d�c+i. �04� .y � �-rr�matbrialswheRloedOdintoCOrLtr.aGto►'��1►iclee;provided�►owev�,3fintt�tletosndlfabilityfor�f��-MlferialS�'#cd�ludedirom �-�" �'" _ �greementatioveahallremaMwimtnstomer�endCustomera�reestoindemnify,defe�darrdholdNeKmte�� b/agaic��ta14��+�'�„ '""`"` „�: Claims, �es, su�ts : per►eltiea fines and liabilit�es. for injury or deaih to per@ons nr ioss or demaD ropet�r y�ranrt►�� ' �-, , i �t`o� breacfr'Of it�ewerra stetsd abo�T�, ��on�insd s�h�r�Nre Mid� � � k' -'Cts�� , -- �--- F -�'.°-"�' _ ^�:�...�� ->-"'- ��a� - �r _t -� g � � .. �Q ..F" �i � � '.� `_�:,.: � _ _ c � 7'.'. S.: r .y.' -: - s "�..`.Y"�...��..-a .> '� � -' � ): _`'' ' � . `, - •_' :+�i"'i .,� _ . s� .° Y ' ' DEFINITIONOFE�2UIPMENT:��hBteflf�"eqwpt�g� as;,t�i�en�nst�timeanati_eqwpment�um�s�ed�jr.�Contraatorinprovldingttis� ��,r�_; . �� 'servit�s as specrf�ed on the face of�tt►is agroement Ail eqWpmeiit fumished by Contractor, which Customer has not pu�chased shail _ �-^--?; .°-remnin the property;b��ont�actnr�nd CustornsF aMHfi ,a��He�I��+s�-��cN�t�`'�-=t-----,�„�'-°*- -�- .��- '�t,� � 3. . : ?+. �. f� ,� zi., _ -.� �"� X� F - R r; ` ' : . . . � :` �:.,:,,,� � a�.: v.-.� ...+..:-. � � .a,p � _ t .. � "�3 �. . �-�-_- �= CUSTOMER'SRESPONSfBILITYFOR�E0UIPMENT Cua�Bf�eflbereaponsibleforoNlosaordartiagetothenqi�pme�t,otherthan �' u �--�.9.n+--------- �- ��- . .._ , ; �.norrnal wea� and tear and �cept. for loss prderimage rodulti �`i�{om'Conitacioi'�7�endlin o? � ui merifi�vlSah pnividin"gTt� � � � _ � � �..,� P ..e. .. _..._ _ , _ . ._ . _ , r �- i -�-�, �herounder.CustomacsbaUrtoto�rerlosdarmovethe" j T"p�;o�'p�a_'kesnyalLarai'wnsa��"`a�ro _veinenlsto".�ie�nqwp'meni�nds�ei ti��'-� � i ..-� �:?.-iheaquipmentoniyiorthepiope�purpose�torwhichltiaintended.Customeragreestotndemnify,defendandholdhecmles��64ts7►,��►.. :: '':. _ againstaliclaims,damages,suits,.penalties,iinesa�l[aWNt�Bgtorinjuryordeathtoper�sonsorlossordartiagetaproperryarisinpDtl�'�x�._ _ ' �- . ' Customer's use, operation or possession of the equipment. _._ ; � . • .`''� : � � -- — - -' . . r `'-' w, On collection day, Customer shalt provide unobstructed access to the equipment. If the equipmeM is inaccessible, Customer will. be _,. _ notified, and any additional coliection service or attempts to provide such service shaJi be charged as an °extra pick-up". : . , -- CHARGES AND PAYMENT. Customer sha�l pay Contractor forthe services provided by Contractor in acco�dance with the Schedule of Charges shown on the face of this agreement. Customer shall be liable fer al! taxes, fees or other charges imposed upon the disposat of Customer's waste materials by federal, siate, locai or provincial laws and regul2tions. Fay^�,en: shall be made by� Custcmer with�n ter (10} days after receipt of ar imcice from ConiraCtor. In the even: that 2ny paym2nt �s not i made wtier� oue. Con;r2cfor, at its so�e optior„ may, 2: any time, terminate this agreemen; on notice to Cus+ome� and recover any � equirme,� on the premises ot C�stomFr. Contra�tor ��av impose, and Custome+ aeraes to pay, a late tee no; tc exceed tNe maximum ra'e � ' atlowec r,y applicable law for slf pas; due paymerts. ' DtSPOSt.L AkD FUEL COST 1NCREASES. S�r�ce disposal char5es and iue; cost� ore � s�g��i�c2nt portion n! t'�e Cost ot Ccntr2::tor's ' services provided hereunder, Cortractor may i�crease tf �e unit price ot the Sche�u�e of Charges in an amount equs! to any equivalent �nit ir,creasp �n dis�osa" or fuel cests. � � 07HER <•,DJU5TN4ENiS TO SCME�ULE OF CH�RGfS. The �che::ui° c` Craroes may be adjustec f�o^�, ?�me to timr• t� rei!ec? .'�C' _--..' t`'., Ci0f15��llE:f h'fiC$ if10EC 5�'tCC :`�:- ia�: uC)U5�'�'1°il? (Of 5if'.:(: ih�' ^.B:P ('� C?'C..,.,I:�!1 pF {t�i� d:7'C'B•'.^c.ni iv' 1t�C �R5`. 2�f ilSiTE'1�f . Th- c G`'c� J�F G1 .ri�13fGSB !''a� bE aG��S'��' f�� ,_„�0^5 0!hE'than increases �� :'�5��052! O'�UEI CCStS Ofth� Cp^gl�^;!'* Frice IrdC?!, `:Ub;CCt .. � t0 eFF�C�ve� hy CUS?O�Y1°f. , . . SFE �t�L W ASTE. I f this og �eanent per�air,s tc Contractor's turnishir.y of sen•;ces and eqvipment for "spacial waste," then ;he folf�wing add ?�or.a�'erms z�d conditions shalt app';;: � Gus:omer Narrants thai t�ie specia; waste h2s tfie components bn� cha•acte*isii;s meetin, ?ne d��c��p!io^ c�^:��^eC �n th: "Gener�tor's L'�d5i2 M2t9+i8i P�OfiiB GhPPi" a�:��`�e� here:c a:�C made a pari he,eof. ! In the event sucn specia� wasie i� later determined or defined to be ha2arCo�s, toxic or radoaa �c v.aste or i! the �c+i�posai facil�!y perm�tted te recei�-e such specia! waste ceases operations or is later FtGhibitE d to �ecer�e such j was!e, ther� this agreement sfiatl be subject to �mmediate terminatior� by either party upon wririen no:ice to tne . � cther. . It msr.ifests or shipping papers are required by law to accompany ihe special waste to the storage or disposal ifacility, Gustc+mer is rep�nsible for preparin� a!f manitesis or papers in form and num�'�er required by law. `. f m__._, __ __ PAYEMENT DAMiAGE. Coniractor shall not be responsible for damage to Customer•s pavement or other driving surface resulting from the weight of Contracto%s vehEcles servicing the equipment tocation designated by Customer. i _. _ . _ _,_ .. i CHANGES. Changes in the Schedule of Charges, frequency of�coltection serviCe, number, capacity and type of equipmert may be _ ' i agreed to orally or in writing, by the parties. ConseRt to ora! changes shall be evidenced by the actions and practices ot *,he parties. '! ATTORPtE�"S FEES. !n the event ot e breach ot this agreement by either party, the breachi�g party shait pay all reasor.able attofney's E fees, collection fees and costs of the other party incident to any action brought to eniosce this agreement. � I; ASSIGNMENT AND BENEFIT. This agreement shali be bir�ing on the parlies and the"sr successors and assigns. I MISCELLANEOUS. If any conflict or differences exis; in tr��s agreement betweer terms which are printed and those whict� are typed or � � wriite��, the iyped or wriiten language shall govem - _- --.. -- � � cinroF F� �� C0�1I1MUNI"['Y DEVELOPMENT' DEPARTMENT M EMO RAN D UM D71T$: March 19, 1990 � ,�.. TO: William Burns, City Manaqer;�t FROK: Jock Robertson, Community Development Director Barbara Dacy�'7-� anning Coordinator Lisa Campbel "' lanning Associate BIIBJECT: 1990 Community Development Block Grants On February 26, 1990, the Council allocated the majority�of the CDBG funds to continue the acquisition process for one of the two remaining parcels in the Riverview Heights project area. The $70, 000 allocated for this project in 1990 is not enough to acquire either of the remaining properties. Anoka County staff has suggested that we utilize funds from other communities for the 1990 acquisition, with the stipulation that those funds be "traded" back in 1991. Staff has been working with Burns Township and Ramsey. Burns Township has agreed to trade its 1990 allocation of $39,400, with the stipulation that funds be returned out of the City of Fridley's 1991 CDBG allocation. Should the CDBG program be eliminated by 1991, Burns Township agrees that the City of Fridley is not responsible for the reimbursement of eliminated funds. Staff Recommendation According to Anoka County staff, a formal motion by the Council is needed before the funds can be traded. Staff recommends the Council act to approve the trading of funds with the stipulation that the City will return the funds in 1991, unless the CDBG program is eliminated. LC:ls M-90-194 11 Engineenng Sewer Water Parks Streets Maintenance MEMORANDUM ,�i ��i TO: William W. Burns, City Manager:�� PW90-122 FROM: John G. F1ora,rPublic Works Director ,, l Mark A. Winson, Asst. Public Works DirectorA7fi� DATE: March 21, 1990 SIIBJECT: Flannery Park Shelter Project No. 206 Attached is a resolution advertising for the materials and construction of a park shelter building at Flannery Park. This project is in the 1990 Capital Improvement Program budget with an established amount of $80,000.00 JGF/MAW/ts Attachments 12 .�- r__ • �:� � 12A RESOLIITZON NO. - 1990 RESOLIITION ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR THE FLANNERY PARR BHELTER PROJECT NO. 206 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. � NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as follows: 1. That the following improvements proposed by Council Resolutions are hereby ordered to be affected and completed as required: FLANNERY PARK SHELTER PROJECT NO. 206 2. The plans and specifications under the direction of the Public Works Director for such improvements are hereby approved and shall be filed with the City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that the bids will be opened and considered at 11:00 a.m. on Thursday, the 2nd day of May, 1990, and that no bids will be considered unless sealed and filed with the Public Works Director. That the advertisement for bids for Flannery Park Shelter Project No. 206 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COIINCIL OF TSE CITY OF FRIDLEY THIS 26TH DAY OF MARCH, 1990. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE, MAYOR . �- . : ...�,-.. �__•_�l,in+;+ �; ; ; c,:i:,+ � :�• � �• •.. � :r �:,� -.. :, . � . 12B Sealed bids will be reoeived ar�d publicly opet�ed by tl�e City of �Yidley, Anoka Co�u�ty, Misu�sota, at the offioe of the Public Works Direc,�tor, 6431 University Ave�ue N.E., �idley, M�sata 55432 (Te1. 571-3450) � the 2ryci day of May, 1990, at 11:00 a.m. Materials arxi oonstn�ctioai of Park Shelter Building All in a000rdanoe with plans ar�d specificatiar�s prepared by Jdzn G. Flora, P.E., Public Works Direct:or, FYidley M�icipal �r, 6431 Univ+Pxsity AvexYUe, N.E., FYidley, NIN, 55432 (�e].. 571-3450) . Plans and specificatio�s may be P�m�*+� at the offioe of the Public Works Direct.or aryd capies may be abtairied for the Cbntractor's individual use by applying to the Public Works Direct�or ar�d depositing with the Public Works Director $50.00 for each set. Zhe deposit will be refur�ded to each biclder subar�itting a bona fide bid upon return of the doc�nnents in good ooa�dition within ten (10) days frcan the bid cypening date. Bids aaast be made on the basis of ca_sh payment for wnrk, at�d aoo�anied by a cash deposit, oertified c�eck (drawn on a responsible bank in the State of Mir�riesota) or a bidder's bor�d made payable withaut c�ditioa� to the City of FYidley, Minnesota, in an a�maant of nat less than five (5�) per oent of the tatal amonint of the bid. The City Cbtmcil r�sexves the right to rej ect arry and all bids and to waive ariy inforn�alities in arYy bids Y�eoeived withvut explanation. No bid may be withdrawn for a period of sixty (60) days. By order of the City Crnuzcil of the City of F�idley, Mfi.nnesota. Dated this 26th day of Marrh, 1990. Jo2m G. Flora, P.E. PUBISC � DII2EC11DR Published: Fridlev Focu.s Cbnstruction Bulletin April il, 1990 April 13, 1990 Apri1 18, 1990 April 20, 1990 April 25, 1990 April 27, 1990 12C i . � � , --------------------J i � - - - - - - - - 6�b`f72�— _-�f]iS-�-31�- -_ - — i �- - --T- - - --- � II I � I � � F�- � � I I� L_--------------- � w � � � — —I � � �---------------7 ` � 1 A i � i �� + � � � i� - - - - - - - - - O �w., _ �.__ -�_-_- ��rgr�== _--� _-- ,�, o �' � F� 1 1 s��u � } J� t z I � � „•. i i a,, � � � w o-.. ► � �, � � a' ►r],y-� I i oo'-'`, r � i r° � Z , � + '�`�. = i � p �'' -------------------� - � + a�< << - �, , ` _k��=�;,�---�-- '- =�' - ----------------------- ~�o ,, { 5 � - 5 r i . � / 1 f �� _ ; � �� { �` � . � • . —.• i �_ _.ti _�� ,� � . �'!4`t; � �'��.�i �� I �!I ' ( +l �l I I � 1 � ' � � I I I 1 r � O 7 � O�'� o' t �' _ . � �"', {' - 9 � � ,� ��i•.i n 1 '`♦ � � i _ � ``'\ ` � G ;• . , ,, � f� ��b t�m � �;� , ��. � , L � � , , , !� I ' �1 � S . � � � ` � ! �� - i f i �.' � , . \ � � � V r \\ � ` � , ^` I I $`� \\ �� ..�\ �\ �l �� \ ` � 1 � 1 `) ` � I �$. \\ t �� ! 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I 1 I �N Fy1 � � F""� � � h�� I FOR CONCURRENCE SY TfiE CITY COUNCIL t�J �j�,��y March 26, 1990 Type of License: B,� Approved By: CIGARETTE 14 LICENSEB Fees: Country Club Mkt. Same James P.Hill 627� Highway 65 N.E. Public Safety Director Fridley, �1n. 55432 Holiday Plus Erickson " "� 250 - 57th Ave. N.E. Fridley,Mn. 55432 Maple Lanes Bowling Automatic Sales " " 6310 Highway 65 N.E. Fridley,Mn. 55432 Target Stores Jill M. H11 " " 755 - 5."srd Av�, N.E. Fridley,Mn. 55421 FIREARM Stanton 0. Berg Same ' " 6025 Gardena Lane N.E. Fridley, Mn. 55432 FOOD ESTABLISHME�dT Bob's Produce Robt. Schroer 7620 University Ave. N.E. Fridley, Mn. 55432 Country Club Mkt. Same 6275 Fii ghway 65 N. E. Fridley, Mn. 55432 Da i ry Queen 280 Mississippi St. N.E. Fridley, Mn. 55432 Fridley Covenant Church Same 6390 University Ave. N.E. �ridley, Mn. 55432 Grace Lutheran Church Daniel Fleischer 460 - 75th Ave. N.E. Fridley, Mn. 55432 Holiday Plus Erickson Bros. 250 - 57th Ave. PJ.E. Fridley, Mn. 55432 m m m $12.00 $12.00 $24.00 $12.00 " $25.00 $45.00 $45.00 $45.00 :Exempt Exempt $45.00 14A FOR CONCURRENCE HY THE CITY COUNCIL LICEN8E8 �'p� March 26, 1990 FOOD ESTABLISHMENT CONT. Lynn's Cake & Candy Supplies 7926 University Ave. N.E. Fridley, Mn. 55432 North.Park Elem. School 5575 Fillmore St. N.E. Fridley, Mn. 55432 Pappy's Foods Co. Inc. 7879 BeechSt. N.E. Fridley,Mn. 55432 Reedeemer Lutheran Church 61 P�lississippi St. N.E. Fridley, Mn. 55432 Subway st Moore Lake 1091 E. Moore Lk.Dr. Fridley, Mn.55432 The Sunshine Place Restaurant 5201 Central Ave. N.E. Fridley, Mn. 55421 7arget Stores 755 - 53rd Ave. N.E. Fridley,Mn. 55432 TCBY Fridley 1270 E. Moore Lk.Dr. Fridley, Mn. 55432 iotino's Foods 7350 Commerce Lane Fridley,Mn. 55432 Valley Christian Church 1280 Regis Lane Fridley, Mn. 55432 LIVESTOCK George E. Olson 612 Lafayette St. N.E. Fridley, Mn. 55432 OFF SALE BEER Page 2 Holiday Plus North Erickson Sros. James P. Hill 250 -57th Ave. N.E. Public Safety Director Fridle_y,Mn. 55432 $45.00 Exemp t $45.00 Exempt $45.00 $45.00 $45.00 $45.00 $45.00 Exempt $10.00 $60.00 �'�`{ FOR CONCURRENCE BY THE CITY COUNCIL LICgN8E8 t.,� fRlM.�iY March 19, 1�90 Pave 3 TEMPORARY ON SALE BEER Fridley Lions Club John H. Gargaro James P. Hill P.O.Bax 32815 Public Safety Director Fri_dley, t1n. 55432 REFUSE HAULER Gallagher Service Inc. Richard Gallagher Jr. 1691 - 91st Ave. N.E. Blaine, Mn. 55434 Hilger Transfer David A. Klatke, Jr. 8550 Zachary Lane Maple Grove, Mn. 55369 Metro Refuse, Inc. Wm. T. Butler 8163 W 125th St. Savage, Mn.55378 Twin City Sanitation Inc. Richard Gersdorf 279 Meadowood Lane Vandnais, Hgts.,Mn. 55127 Wasteco, Inc. dba Waste Control/Container Service 95 W. Ivy N.Oarks, Mn. 55110 SOLICITOR Victory Achievers Linda Jackson James P. Hill 3105 Girard Ave. No. Pub1ic Safety Director Mpls. Mn. 55411 . � Exempt E,�� $60.00 $75.00 $60.00 $60.00 Exempt APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR � � UTYOF FRIDLEY FOR CONCIIRRENCE BY T8$ CITY C017NCIL MARCH 26, 1990 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, 1�IlJ 55432 Services rendered as City Prosecuting Attorney for the month of January, 1990 ..$ Keys Well Drilling 413 North Lexington Parkway St. Paul, MN 55104 15 $STIlrtllTEB 9,036.00 Repair and Maintenance of Well No. 10 Project No. 198 (Well No. 5 is pending.} FINAL ESTIMATE . . . . . . . . . . . . . . $ 3,328.00 AEC Engineers & Designers 511 - llth Avenue South Minneapolis, MN 55415 1. Phase I- 3 MG Concrete Reservoir Repair Project No. 192 (Inspection Services) Partial Estimate . . . . . . . . . . . $ 110.00 2. 1.5 MG Concrete Reservoir Repair Project No. 193 (53rd Avenue & Johnson Street) (Inspection 5ervices) Partial Estimate . . . . . . . . . . . $ Modern Heating and Air Conditioning, Inc. 2318 First Street N.E. Minneapolis, MN 55418 r� �� Firearms Range Pay Application No. 1: $ 7,425 Pay Application No. 2: $17,730 TOTAL . . . . . . . . . . . . . . . . . . . $ 25,155. 00 FROM: City of Fridley Engineering Division TO: Honorable Mayor and City Council City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 DATE: March 26, 1990 cinr oF �i��r PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRiDLEY� MINNESOTA 55432 RE: FINAL ESTIMATE - WELL NO. 10 Period Ending: March 19, 1990 FOR: KEYS WELL DRILLING CO. 413 NO. LEXINGTON AVE. ST. PAUL, MN 55104 REPAIR AND MAINTENANCE OF WELLS NO. 5 AND 10 PROJECT NO. 198 601-60-000 STATEMENT OF WORK 15A _ _ _ _ _. ' UNIT ; QUANTITY THIS QUANTITY 'AMOUNT CONTRACT ITEM PRICE ESTIMATE TO DATE ;TO DATE Pull Pump Disassemble and Inspect Reinstatl, Hook-up and Test MATERIALS: Wear Rings 10" x 10' 10" x 5' 11/16 x 10' Shaft Head Shaft Packing Box Bearing Lineshaft Coupling Airtine Blast and Paint Shafts and Pipe Spiders Pump Box Packing Disinfect Test Pumping 1,500.00 90.00 210.00 150.00 100.00 325.00 60.00 18.00 25.00 340.00 50.00 15.00 25.00 150.00 1 4 1 1 1 1 1 t 1 1 1 1 1 1 1 $1,500.00 4- 360.00 1 210.00 1 150.00 1 100.00 1 325.00 1 60.00 1 18.00 1 25.00 1 340.00 1 50.00 1 15.00 1 25.00 1 150.00 $3,328.00 F{NAL ESTIMATE Keys Well Drilling Page Two SUMMARY: Original Contract Amount Revised Contract Amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR $11,457.00 0.00 3,328.00 0.00 0.00 53,328.00 15B I hereby certify that the work performed and the materials supplied to date unde� the terms of the contract for this project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (and the finat quantities on the final estimate are correct), and that this estimate is just and correct and no part of the "Amount Due This Estimate" has been received. By Contractor's Authorized Representative (Title) CERTIFICATE OF THE ENGINEER Date I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment oi this estimate under the contract for reference project. CITY OF FRIDLEY, INSPECTOR By 9- 1 �` �.�f �� /� . Checked B ` �t � !� . � 1 ` Date � 3J Respectfully Submitted, f/ y � hn G. Flora, P.E. � Public Works Director 15C March 26, 1990 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION F�R CITY OF FRIDLEY REPAIR AND MAINTENANCE OF WELL NO. 10 PROJECT NO. 1�8) We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor. Ralph Vollar►an, Public Works Superintendent Contractor Representative, (Title) CITY OF FRIDLEY PtJBLIC WORRB DEPARTMENT $NGINEERING DIVISION 6431 Oniversity Ave., N.E. Fridlep, MN 55432 March 26,.1990 Honorable Mayor and City Council City of Fridley C/O William W. Burns, City Manager 6431 University Ave., N.E. Fridley, 1�IlJ 55432 Council Members: CERTIFICATE OF T8E ENGINEER 15D We hereby submit the Final Estimate for Repair and Maintenance of Well No. 10 Project No. 198 for Keys Well Drilling Company, 413 North Lexington Avenue, St. Paul, Minnesota, 55104. We have viewed the work under contract for the construction of REPAIR AND MAINTENANCE OF WELL NO. 10 PROJECT NO. 198 and find the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body. Respectfully submitted, :!.�%�--� �--� c/John G. Flora Director of Public Works �� Prepared by. •� � e'"''� ; � ' �.� Checked by: �'�� i � �I � ' -- / � `; March 26, 1990 City of Fridley 15E REPAIR AND MAINTENANCE OF WELL NO. 10 PROJECT NO. 198 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $3,328.00 and the final payment of $3,328.00 for the improvement project would cover in full, the contractor's claims against the City for a�l labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. REYS WELL DRILLING COMPANY Contractor Representative - Title