06/06/1994 - 4921��° ���'
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FRIDLEY CITY COUNCIL MEETING
ATTENDENCE SHEET
N�onday, June 6, 1994
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
ITEM
PRINT NAME (CLEARLY) ADDRESS NUMBER
FRIDLEY CITY COUNCIL MEETiNG OF JUNE 6, 1994
OPEN FORUM, VISITORS:
(Consideration of Items not on Agenda - 15 Minutes)
Legislative Update - Senator pon Betzold
PUBLIC HEARING•
Zoning Text Amendment, ZTA #94-01,
by William Turner, to Approve an
Ordinance Recodifying the Fridley
City Code, Chapter 205, Entitled
"Zoning," by Rmending Sections
205.03, 205.14.1.B, 205.14.1.C,
205.15.1.B, and 205.15.1.0 . . . . . . . . . . . . . . . . . . . . . . . . . i - 1 X
OLD BUSINESS:
Establish a Public Hearing for July 11,
1994, on an Ordinance Amending Chapter 2
and Section 4.04 of the Fridley City
Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 21
NEW BUSINESS:
Resolution in Support of an Application
for a Minnesota Lawfui Gambling Premise
Permit to the Epilepsy Foundation . . . . . . . . . . . . . . . . . . . . . 3 - 3D
Page 2
FRIDLEY CITY COUNCIL MEETING OF JUNE 6, 1994
NEW BUSINESS (CONTINUED):
Receive the Minutes of the Pianning
Commission Meeting of May 18, 1994: . . . . . . . . . . . . . . . . . . 4 - 4KK
A. Establish a Public Hearing for
June 20, 1994, for a Rezonfng
Request, ZOA #94-02, by Forrest
Harstad of Twin City Townhomes,
to Rezone Property from R-1,
Single Family Dwelling, to
R-3, General Multiple Family
Dwelling, to Allow the Construction
of 41 Townhomes, Generally Located
at 971 Hillwind Road N.E . . . . . . . . . . . . . . . . . . .
..................
4M - 4FF
411
B. Establish a Public Hearing for
June 20, 1994, for a Vacation
Request, SAV #94-02, by Forrest
Harstad of Twin City Townhomes,
to Vacate a Portion of Property
Generally Located at 971 Hillwind
RoadN.E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4M - 4FF
............................ 4JJ
C. Establish a Public Hearing for
June 20, 1994, for a Plat Request,
P.S. #94-04, by Forrest Harstad
of Twin Cities Townhomes, to Replat
Property Generally Located at 971
Hillwind Road N.E. . . . . . . . . . . . . . . . . . . . . .
.....................
4M - 4FF
4KK
Page 3
FRIDLEY CITY COUNCIL MEETlNG OF JUNE 6, 1994
NEW BUSINESS (CONTINUED�
Receive an Item from the Appeais Commission
Meeting of May 24, 1994: . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5M
A. Variance Request, VAR #94-05, by
Chris Rodgers, to Reduce the Front
Yard Setback from 35 Feet to 22.4
Feet to Allow the Construction of
an Addition, Generally Located at
6050 Sixth Street N.E.
Resolution Affirming the City of Fridley's
Commitment to Waste Reduction . . . . . . . . . . . . . . . . . . . . . . 6 - 6A
Receive Bids and Award Contract for Street
Improvement Project No. ST. 1994 - 11
(Slurry Seal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7C
Approve Joint Powers Agreement for
Sealcoating Corporate Limit Streets
Between the City of Fridley and the
City of Columbia Heights . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 8E
Page 4
FRIDLEY CITY COUNCII. MEETING OF JUNE 6, 1994
NEW BUSINESS (CONTINUED :
Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Appointments: City Employees . . . . . . . . . . . . . . . . . . . . . . . 10
Claims
Licenses
Estimates
.......... ................................ 11
ADJOURN:
Page 5
...................................... 12-12E
....................................... 13-13FF
THE MINUTE3 OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
MP.Y 16, 1994
The Regular Meeting of the Fridley City Council was called to order
by Mayor Nee at 7:34 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider, and Council-
woman Bolkcom
MEMBERS ABSENT: None
PROCLAMATIONS:
BUDDY POPPY DAY, MAY 20, 1994:
Mr. Burns, City Manager, read this proclamation which was issued
by Mayor Nee proclaiming May 20, 1994 as Buddy Poppy Day in the
City of Fridley.
Mayor Nee urged all citizens of Fridley to recognize the merits of
this cause and purchase buddy poppies in appreciation for the
sacrifices of our honored dead. He further urged all patrioti:c
citizens to wear a buddy poppy as mute evidence of gratitude to the
men and women of this country who risked their lives in defense of
the freedoms which we continue to enjoy as American citizens.
Ms. Maxine Nystrom of the VFW Auxiliary introduced Jerry Netland,
the newly elected Poppy Chairman. Mayor Nee presented this
proclamation to Mr. Netland and thanked the VFW for all their
support.
Ms. Nystrom stated that she wished to apologize for their error,
as they thought this proclamation would be presented at the last
Council meeting. She also thanked the Council for the�r support
of Buddy Poppy Day.
PUBLIC WORKS WEEK - MAY 15 - 21, 1994:
Mr. Burns, City Manager, read this proclamation which was issued
by Mayor Nee proclaiming May 15-21, 1994 as Public Works Week in
the City of Fridley.
Mayor Nee called upon all citizens and civic organizations to
acquaint themselves with the problems involved in providing public
FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 PAGE 2
works services, and to recognize the contributions public works
personnel make every day to the citizens' health, safety, and
comfort.
Mayor Nee presented this proclamation to John Flora, Public Works
Director, and stated that the Council would like the Public Works
employees to know that their work is appreciated.
APPROVAL OF MINUTES:
COUNCIL MEETING, MAY 2, 1994:
MOTION by Councilman Schneider to approve the minutes as presented.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Billings to adopt the agenda as submitted.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
MISSISSIPPI REGIONAL TRAIL:
Ms. Marija Netz, 7776 Alden Way, stated that she was happy with the
bike trail going past her home. She asked the Council consider
making Alden Way a one-way street for the six block bike trail and
to stripe the street. She stated that in discussing the issue with
her neighbors, they were in favor of this idea.
Councilwoman Bolkcom stated that she discussed this'issue with
Ms. Netz, and there is an active group in the neighborhood. She
stated that they have also cleaned Riverview Heights Park.
Ms. Netz stated that she would like more activity in the park and
felt that the bike trail would make it less isolated.
AWARD TO JOHN FLORA PUBLIC WORKS DIRECTOR FROM THE AMERICAN
PUBLIC WORKS ASSOCIATION:
Mr. Dick Sobiech, Past President of the Minnesota Chapter of the
American Public Works Association, stated that the City of Fridley
has received a number of awards this year from the American Public
Works Association. He stated that the first award was for
Contractor of the Year which was given to Kenko, Inc. for the TCAAP
project. He stated that Ken Holmstrom, Fridley's Street
Supervisor, was recognized as a dedicated and hard working servant
by receiving an Award of Merit.
FRIDLEY CITY COUNCIL MEETING OF MAY 16 1994 PAGE 3
Mr. Sobiech stated that John Flora, Public Works Director, was
recognized as one of the top ten public works leaders across the
nation for 1994.
Mr. Sobiech presented this award to Mr. Flora which was initially
given to him by the National President of the American Public Works
Association. He stated that a video of this award ceremony is
available if anyone wished to view it.
Mayor Nee and members of the City Council extended their congratu-
lations to Mr. Flora on receiving this award.
Mr. Flora, Public Works Director, stated that this represented a
team award, for without the support of the City Manager, City
Council, and his engineering and maintenance staff, projects could
not be accomplished.
ROBERT COOK. FRIDLEY LIONS CLUB•
Mr. Cook, representing the Fridley Lions Club, spoke about
community heroes and those who have been instrumental in making
Fridley a better place in which to live. He stated that John
Gargaro was truly of heroic quality, as he gave unselfishly to the
City, the Lion's Club, schools, church, the business community,
youth activities and coaching.
Mr. Cook stated that the Lions Club is proposing that John
Gargaro's service to Fridley be memorialized in a significant and
lasting manner. He stated that it is felt a fitting tribute would
be to rename Community Park to John H. Gargaro Community Park and,
if this was done, the Lions Club pledges to underwrite the
placement of a memorial.
Mayor Nee thanked Mr. Cook and stated that there has been
discussion by the Council regarding this issue.
MOTION by Councilman Schneider to receive the letter from the
Fridley Lions Club dated May 5, 1994 in regard to renaming
Community Park to John H. Gargaro Community Park. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
PUBLIC HEARINGS:
1. PUBLIC HEARING ON THE PROPOSED TRANSFER OF GONTROL OF CABLE
TELEVISION OPERATIONS IN FRIDLEY:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Council-
woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing
opened at 7:53 p.m.
FRIDLEY CiTY COUNCIL MEETING OF MAY 16, 1994 PAGE 4
Mr. Clyde Moravetz, the City's cable television administrator,
stated that on March 31, 1994, the City received a written request
for transfer of control of Fridley's cable operations. He stated
that the City is required by state law to respond, in writing,
within thirty days of that request either approving or setting a
public hearing. He stated that the City must approve or deny the
transfer within 120 days of the request, which would make the
deadline July 31, 1994.
Mr. Moravetz stated that this public hearing was advertised in the
Focus News on May 3 and May 10. He requested that the Council
continue the public hearing in order to allow time for City staff
and .the attorney to incorporate comments and any recommendations
from the CATV Advisory Commission, which will conduct a special
meeting on this issue on June 13. He stated that Ms. Kim Roden,
Director of Public Affairs for Paragon Cable and Mr. Mark
Hammerstrom, Nortel's General Manager, are present to answer any
questions.
Mr. Hammerstrom, General Manager for Nortel Cable, stated that
before this transfer process progressed, he wished to thank the
City staff and Council for their cooperation.and excellent working
relationship.
Ms. Kim Roden, Director of Public Affairs for Paragon Cable, stated
that she has met with some of the councilmembers on an informal
basis. She stated that Paragon wants all relations with staff and
Council to be as productive as possible. She stated that Paragon .
is asking for a change in control of the franchise. They are in
the process of developing integration plans into the Paragon system
and working towards a July closing date of the sale.
Ms. Roden stated that Paragon is dedicated to customer`service_and
has received the National Cable Television Award for customer
service. She stated that Paragon answers 90 percent of customer
phone calls within thirty seconds; completes 98.8 percent of new
installations within seven days; completes 97 percent of service
calls within 36 hours; and corrects 100 percent of service outages
within 24 hours.
Ms. Roden stated that Paragon's goal is to continue to satisfy
their customers in the area they service. She stated that product
value and service are important to them. They want to be aggres-
sive and move forward with new products. She stated that, in the
short term, they do not foresee any changes. In the,long term,
there may be changes that would go through the Cable Television .
Commission and the City Council. Ms. Roden stated that Paragon
Cable hopes to be involved in the community if the transfer is
approved. They are looking forward to working with the City.
Councilman Schneider stated that Nortel Cable did a very good job
in the City, and they did not receive any complaints related to how
the telephone calls were answered.
FRIDLEY CITY COUNCIL MEETING OF MAY 16 1994 PAGE 5
Ms. Roden stated that cable television is a non-essential service.
If the customers are not satisfied, they have other options. She
stated that it is their mission and goal to answer the telephones
and to provide information and service to their customers. She
stated that Paragon is committed to bringing its resources, high
value programming and award winning customer service to their
customers.
Councilman Schneider asked Paragon's position in regard to public
access.
Ms. Roden stated that the impact on public access is one of the
major questions raised by the cities involved in this transfer.
She stated that Paragon is not seeking any changes in those
obligations and will meet all the franchise options pertaining to
public access.
Councilman Schneider pointed out that the City of Fridley is in
four different school districts, and there has been talk about an
interconnect system for several years. He felt that if Paragon
could provide this technology, it would be very beneficial.
Councilman Billings asked when the current franchise went into
effect.
Mr. Moravetz stated that it was in effect in 1988 and continues
through the year 2003.
Councilman Billings stated that one of the provisions of the
franchise was that the cable company maintain the presence of a
studio in the City.
Mr. Moravetz stated that Nortel maintains an office` and studio
facilities. The dimensions are even mentioned in the franchise.
Councilman Billings asked if it automatically constitutes a
requirement for a new franchise agreement if there is any
significant change in ownership.
Mr. Moravetz stated that he is not familiar with such wording. He
stated that federal law requires that the City have the right to
review the financial, technical, and legal reguirements and can
only base the denial on one of those qualifications.
Councilman Billings asked what is being done to review the
financial, technical, and legal qualifications.
Mr. Moravetz stated that this information is incorporated in
Federal Form 394, which the company must submit. He stated that
the legal staff retained by the Council is reviewing this form and
has requested supplemental materials. He stated the recommenda-
tions will be submitted to the CATV Advisory Commission at their
special meeting on June 13.
FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 PAGE 6
Councilman Billings stated that barring any negative report from
the attorney, the City, other than having the ability to review the
purchase, is really not part of this transfer between Nortel and
Paragon.
Mr. Moravetz stated that if there is not anything adverse in the
financial, technical, or legal qualifications, none of the cities
involved could unreasonably deny a transfer.
No other persons in the audience spoke regarding this proposed
transfer of the cable television operations.
MOTION by Councilman Schneider to continue this public hearing to
the June 20, 1994 Council meeting. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
Mayor Nee stated that reports from the attorney and th�
recommendations from the CATV Advisory Commission will be available
at the June 20 Council meeting.
2. PUBLIC HEARING ON VACATION RE4UEST, SAV #94-01, BY SCOTT LUND�
TO VACATE A 15 FOOT DRAINAGE AND UTILITY EASEMENT, GENERALLY
LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF
73-1/2 AVENUE N.E.:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Billings. Upon a voice vote, alT voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
8:15 p.m.
Ms. Dacy, Community Development Director, stated that this is a
request by Mr. Lund to vacate a 15 foot drainage and utility
easement for property located in the northeast corner of 73-1/2
Avenue and Highway 65. She stated tha.t the property is vacant at
this time. She stated that Mr. Schrader, an adjacent property
owner, has also agreed to participate in this vacation request to
vacate the portion of the easement located on his property.
Ms. Dacy stated that the petitioner, Mr. Lund, is also proceeding
with a plat and rezoning to subdivide the parcel for an office/
warehouse building. She stated that the Planning Commission
recommended approval of this vacation request subject to approval
of the rezoning and plat.
Mayor Nee stated that he could not understand why the property
owner to the east has not commented regarding this vacation
request.
Ms. Dacy stated that this property owner was notified when this
vacation request was before the Planning Commission. She stated
FRIDLEY CITY COIINCIL MEETING OF MAY 16. 1994 PAGE 7
that she would be willing to contact the property owner to make
sure he or she has no objection.
No other persons in the audience spoke reqarding this proposed
vacation request.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:30 p.m.
OLD BUSINESS•
3. AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 1994-10
�TABLED MAY 2, 1994):
Mayor Nee removed this item from the table.
Mr. Flora, Public Works Director, stated it is proposed that the
City utilize the Australian specifications for a small portion of
the 1994 sealcoat program. He stated that MnDOT would contribute
$5,000 towards this program. He stated that the remainder of the
streets will utilize the standard MnDOT specifications where the
aggregate and emulsion are weighed. He recommended that the
Council award the bid for this project to the low bidder, Asphalt
Surface Technologies Corporation (Astech), for $191,358.04.
Councilman Schneider stated that his only reason for tabling this
item at the last meeting was to try to understand the results of
the studies by the Minnesota Department of Transportation (MnDOT).
He stated it is his belief that the sealcoat can be applied in a
controlled fashion.
MOTION by Councilman Schneider to award the contract for Street
Improvement Project No. ST. 1994-10 to the low bidder, Asphalt
Surface Technologies Corporation (Astech) in the amount
$191,358.04. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
4. ORDINANCE NO. 1029 REPEALING CHAPTER 107 OF THE FRIDLEY CITY
CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 107 ENTITLED
"FIRE DEPARTMENT:"
MOTION by Councilman Schneider to waive the reading and adopt
Ordinance No. 1029 on the seaond reading and order publication.
Seconded by Councilwoman Jorgenson.
Councilman Schneider stated that he questions the reason for these
changes.
Mr. Larson, Deputy Fire Chief, stated that the Fire Chief is
reviewing all the ordinances pertaining to the Fire Department and
cleaning up the language, as some are outdated.
FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 PAGE 8
Mr. Herrick, City Attorney, stated that he had some of the same
guestions as the Council, but he is satisfied with Mr. McKusick's
reason for the changes.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
NEW BUSINESS•
5. APPROVE EASEMENT CONVEYANCES TO THE COUNTY OF ANOKA FOR
HIGHWAY UTILITY DRAINAGE AND BIKEWAY PURPOSES FOR THE
IMPROVEMENT OF EAST RIVER ROAD BETWEEN HARTMAN CIRCLE AND GLEN
CREEK ROAD•
Mr. Flora, Public Works Director, stated that two easements are
needed by the Anoka County Highway Department for the East River
Road improvement project between Hartman Circle and Glen Creek
Road. He stated that these easements are identified as Parcels 25
and 38, Anoka County Highway Right-of-Way Plat No. 42. He stated
that the temporary easement identified as 25T is part of Chesney
Way.
MOTION by Councilwoman Bolkcom to approve conveyance of the
easements identified as Parcels 25, 38 and 25T (temporary), Anoka
County Highway Right-of-Way Plat No. 42 to the Anoka.County Highway
Department in conjunction with the improvement of East River Road
between Hartman Circle and Glen Creek Road. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
6. APPROVE CONTRACT BETWEEN THE UNIVERSITY OF MINNESOTA AND CITY
OF FRIDLEY FOR THE CANADA GOOSE POPULATION MANAGEMENT PROGRA.M
AT MOORE LAKE BEACH AND PARK:
Mr. Kirk, Director of Recreation and Natural Resources, recommended
that the Council approve this contract with the University of
Minnesota for continuation of the Canadian geese management program
at Moore Lake beach and park. He stated that the objective is to
reduce the number of Canadian geese. The populations are now about
fifty percent lower since this program began. He stated that
Fridley is one of approximately sixty sites that utilize the
control program.
Councilwoman Jorgenson stated that she has received a number of
telephone calls pertaining to feeding the geese. She asked if
there is an ordinance prohibiting the feeding of geese.
Mr. Kirk stated that there is not such an ordinance, but one was
recommended several years ago by the Park and Recreation
Commission. He said he believed the feeling at that time was that
it may be difficult to enforce an ordinance of this nature. He
stated that the key is trying to educate people through newspaper
FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 PAGE 9
articles and, in some cases, putting up signs asking that residents
not feed the geese.
Councilwoman Jorgenson stated that at Springbrook Nature Center,
people are feeding the geese and ducks along the trails which takes
them out of their natural habitat.
Mr. Kirk stated
cases where the
that the geese
fed.
that this does create problems, as there have been
geese or ducks were harmed by people. He stated
do fine on their own, and they do not need to be
Councilwoman Jorgenson asked if signs were posted at the
Springbrook Nature Center stating not to feed the geese.
Mr. Kirk stated that staff at the Nature Center alerts the public
not to feed the geese. He felt that installing too many signs may
create a negative message.
MOTION by Councilman Schneider to approve the contract with the
University of Minnesota for the Canada goose population management
program at Moore Lake Beach and park. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MAY 4, 1994•
A. ESTABLISH A PUBLIC HEARING FOR JUNE 6, 1994, FOR A ZONING TEXT
AMENDMENT ZTA #94-01 BY WILLIAM TURNER, TO APPROVE AN
ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205,
ENTITLED "ZONING," BY AMENDING SECTIONS 205.14.1.B.
205.14.1.0 205.15.1 B 205.15.1.0 AND RESCINDING AND
AMENDING CHAPTER 32. ENTITLED "FOOD ESTABLISHMENTS:"
MOTION by Councilman Billings to set the public hearing on this
zoning text amendment, ZTA #94-01, for June 6, 1994. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to receive the minutes of the
Planning Commission Meeting of May 4, 1994. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
8. RESOLUTION NO 37-T994 APPROVING A PLAT REQUEST, P.S. #94-02,
NORTHCO BUSINESS PARK 5TH ADDITION LBY FRIDLEY BUSINESS CENTER
PARTNERSHIPi•
Ms. Dacy, Community Development Director, stated that this plat
involves the Northco Business Park where Kwik File's building is
now located. She stated that the proposal is to add additional
i
FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 PAGE 10
proper�y to the Kwik File building area and add Outlot A which will
be purchased by Target for future expansion.
Ms, Dacy stated it was hoped that both plat requests could be
considered at the meeting this evening. However, Target
encountered some issues on the title of their property, and a
mortgage has to be retired prior to the platting. She stated that
Target intends to purchase Outlot A on Wednesday, May 18, 1994.
Ms. Dacy stated that if this plat is approved, staff is
recommending the addition of another stipulation that "outlot A
shall be replatted with either Lot 1, Block 1, Northco Business
Park 5th Addition or Lot 1, Block 1, Northco Business Park 4th
Addition, if Outlot A is not purchased by Dayton-Hudson
Corporation, the adjacent property owner."
Councilman Billings asked why this plat and the Target plat could
not be considered at the same time after their closing on
Wednesday, May 18.
Ms. Dacy stated that she understands the plat needs to be approved
this evening in order to accomplish the closing with Target on
Wednesday.
Mr. Larry Berg, an attorney representing the petitioner for the
Northco plat, stated that the mortgage must be paid off. In order
for this to be accomplished, they need to close on the property
Target is purchasing. He stated that they had hoped Target would
be ready with their plat, but the County could not complete their
review. He stated that there is no question as to whether Target
will complete their plat.
Ms. Dacy stated that the Northco plat has to be approved and
recorded prior to the Target plat. She stated that because of the
problem with the mortgage, it was not possible to have both the
plats on this agenda.
Councilman Billings stated that his concern is that if they approve
the plat and the sale to Target is not accomplished, the Council
would be approving a plat which is not valid.
Mr. Berg stated if the Council would be more comfortable, they
would agree that the plat could be immediately placed in trust.
If on Wednesday the sale did not occur, the plat would be
immediately returned to the City.
Mr. Herrick, City Attorney, felt that it was essential that the
Northco Business Park 5th Addition plat be platted prior to the
Target plat in order for Northco to describe the parcel, Outlot A,
they will be deeding to Targets He stated that he would be
satisfied with the staff's recommendation to include Stipulation
No. 6.
FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 PAGE 11
Mr. Berg stated that they would be comfortable with conditional
approval so if the purchase did not proceed with Target, the plat
approval is null and void, and the plat would be returned to the
City and not recorded. He stated that he gives his word to the
Council that this is what would happen.
MOTION by Councilman Billings to adopt Resolution No. 37-1994, with
the six stipulations attached as Exhibit A. Seconded by
Councilwoman Bolkcom. Upon a voice vote, Councilman Billings,
Councilwoman Bolkcom, Councilwoman Jorgenson and Mayor Nee voted
in favor of the motion. Councilman Schneider abstained from voting
on the motion. Mayor Nee declared the motion carried.
9. RE50LUTION NO. 38-1994 SUPPORTING THE ANOKA COUNTY MISSISSIPPI
REGIONAL TRAIL MASTER PLAN:
Mr. Kirk, Director of Recreation and Natural Resources, stated that
the Anoka County Parks Department in conjunction with Pioneer
Engineering has been developing a Mississippi Regional Trail Master
Plan required by the Metropolitan Council in order to receive a
$85,000 grant. He stated that informational meetings have been
held in the neighborhoods along the three segments of the regional
trail. He stated that a summary of the meetings is included in the
Council's agenda. Mr. Kirk introduced Mr. Ron Cox, Park Planner
for Anoka County, and Bill Bleckwinn of Pioneer Engineering who
will be making the presentation to the Council.
Mr. Bleckwinn, Pioneer Engineering, stated that the main feature
of the Mississippi Regional Trail is that it uses existing City
designated bikeways. He stated that this trail would begin at the
Coon Rapids city limits. A very small off-street trail would be
constructed to connect with Broad Avenue. He stated that the trail
would then proceed on Broad Avenue to Kimball Street and then
follow Riverview Terrace to Riverview Heights park. He stated that
existing trails in the park would be used, and the trail would then
proceed to Bellaire Way, Alden Way, through Osborne Way out to East
River Road.
Mr. Bleckwinn stated that at Osborne Road and East River Road, the
trail would cross ta the east side of East River Road and follow
an off street trail down to Hartman Circle. He stated that the
trail would continue as an off street trial to the north of
Mississippi Street connecting with an existing sidewalk and path,
to a proposed overhead trail bridge paralleling the Burlington-
Northern railroad tracks. He stated that the trail would then
follow City land and streets to the crossing at 61st and continue
as an off street trail around Stevenson School. He stated that
the trail would connact with the trail in the Islands of Peace Park
and then connect with the Minneapolis Park system trail.
Mr. Bleckwinn summarized the comments and input from the
neighborhood meetings. He stated that in the south segment
FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 PAGE 12
meeting, three residents were in attendance. Their concerns and
suggestions were that mileposts should be installed along the trail
to aid users in estimatzng the distance traveled, lane striping
should be installed, maps of the trail system should be placed
periodically along the trail, signage should be placed at regular
intervals along the trial, and trails should have a speed limit.
Mr. Bleckwinn stated that in the central segment meeting, three
residents attended this meeting and voiced concerns regarding the
loss of private driveway turnarounds, potential conflicts occurring
between homeowners backing out of their driveways and trail users,
potential vandalism from trail users, changes in the trail plan
since the plan was last presented at a public meeting, and whether
alternate routes were studied prior to determining this trail
route.
Mr. Bleckwinn stated that in the north segment meeting, twelve
people were in attendance and concern was expressed about the
location of the bikeway along Riverview Terrace. He stated that
the County has taken the input from the neighborhood under
consideration and made a decision within the Master Plan to locate
the trail on the street that was in line with the majority of the
neiqhborhood. He stated that the County would be recommending an
on-street trail. He stated that there was concern about the use
of public money, and there should be a ceiling at some point. He
stated that the money for the trail system has already been
allocated. He stated that there are no additional City funds
necessary for maintenance or construction of this trail. He stated
that some people expressed a desire for the trail, as it would
provide a safer route for their children to get to school and
recreational areas.
Mayor Nee asked the location of the bikeway on East River Road in
relation to the turnarounds.
Mr. Cox, Anoka County Park Planner, stated that this has already
been determined by the Highway Department.
Mr. Flora, Public Works Director, stated that an eight foot bikeway
would be provided on the east side of East River Road. He stated
that most of the homes have turnarounds on their property, and the
bike path is on those turnaround areas.
Mr. Leonard Moore, 8301 Riverview Terrace, stated that he was
thankful that the bikeway was moved back to the street on Riverview
Terrace. He stated that he is worried about security if the trail
would be open 24 hours a day. He also asked if there would be a
speed limit. He stated that he was concerned about the turn off
from Kimball Street to Riverview Terrace.
Mr. Cox stated that directional signs would be used at all
important intersections and along the route. He stated that the
FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 PAGE 13
trail would be well marked. He stated that the t:rail would be
located on the west side of Riverview Terrace. He stated that the
speed limit is up to the City to determinee
Mr. Moore asked who would have jurisdiction on the trail.
Mr. Cox stated that most of the trail is on City :�treets so the
City would have jurisdiction.
Mr. Al Stahl.berg, 8055 Riverview Terrace, stated th,3t if an eight
foot wide bikeway . is maintained, the striping will be� almost in the
middle of the street. He questioned who would pay for the
continual maintenance. He felt that there are plenty of other
projects where funding could be used without starting new ones.
Mr. Cox stated that the funding is through the Metropolitan
Council. Each year funds are given to the counties for
maintenance. �
Mayor Nee asked who would stripe the streets.
Mr. Cox stated that there would not be any markings on the streets,
and they would be using signing mostly on the street:s.
Councilwoman Jorgenson stated that if the lanes are not marked,
people will park in the bikeway.
Mr. Cox stated that the guideline of the Metropolit.an Council is
that it is acceptable to use the street.
Mr. Moore stated that he is concerned about security l�ecause of the
transient society in which we live.
Ms. Marija Netz, 7776 Alden Way, stated that she would like the
street striped.
Mr. Bob Hasher, 600 Kimball Street, stated that if Alden Way
becomes a one-way street, he has no access going to Osborne Road
without going out to East River Road.
Mayor Nee stated that this issue needs to be reviewed. No action
has been taken, but it was a suggestion by Ms. Netz.
Mr. Bleckwinn stated that as part of the development of the trail,
it was not intended to have any physical changes in t.he streets in
terms of parking regulations and striping to minimize impacts to
the neighborhood. He stated that if a neighbor�hood desires
striping or removal of parking, it is something that should be
discussed with the City Council. He stated that ai� this point,
they are not proposing any physical changes to the streets.
Councilwoman Bolkcom stated that this plan could be approved and
determine at some future date if the bikeway should be striped.
FRIDLEY CITY COUNCIL MEETING OF MAY 16 1994 PAGE 14
MOTION by Councilwoman Bolkcom to adopt Resolution No. 38-1994.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
10. RESOLUTION NO 39-1994 AUTHORIZING PRELIMINARY PLANS
SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: CENTRAL
AVENUE BIKE PATH PROJECT NO. ST. 1994-9:
Mr. Flora, Public Works Director, stated that this resolution
concerns the Central Avenue bike path. He stated that several
meetings were held with the residents. Staff identified the pros
and cons of a bike path on the east and west sides of Central
Avenue. He stated that it is proposed that the bike path be
constructed on the west side of Central Avenue in conjunction with
the grant from the Metropolitan Councii.
Councilman Schneider stated that in the meetings that were held,
the residents on the west side gave some persuasive arguments why
the bike path should be on the east side. He stated that other
arguments were made by those on the east side who wanted the bike
path located on the west side of Central Avenue. He stated that
eueryone agrees the bike path would be nice, but no one wants it
in their front yard. He stated that if the bike path was located
on the east side, there is a significant issue at the corner of
Central Avenue and Mississippi Street. He stated that he would
concur with staff's recommendation to locate the bike path on the
west side of Central Avenue.
Councilman Schneider stated that he would like to make sure
residents are notified before the bid is awarded.
Councilwoman Jorgenson stated that the individuals present at the
informational meetings requested the opportunity to `address the
Council before a decision was made to proceed. She stated that she
would be inclined to table this item until residents are notified.
Councilman Schneider stated that unless there is some significant
new information, he did not know what arguments would be made.
Mr. Flora stated that he could send a letter informing the
residents of the Council's decision and ask them to atte�d the
June 20, 1994 meeting if they wish to make a statement.
MOTION by Councilman Schneider to adopt Resolution No. 39-1994.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
11. RESOLUTION NO. 40-1994 RECEIVING THE PRELIMINARY REPORT AND
ORDERING FINAL PLANS AND ESTIMATES OF COSTS THEREOF: CENTRAL
AVENUE BIKE PATH PROJECT NO. ST. 1994-9:
MOTION by Councilman Schneider to adopt Resolution No. 40-1994.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CSTY COUNCIL MEETiNG OF MAY 16, 1994 PAGE 15
12. RESOLUTION NO. 41-1994 ORDERING IMPROVEMENT AND APPROVAL OF
PLANS AND ORDERING ADVERTI5EMENT FOR BIDS: CENT]RAL AVENUE BIKE
PATH PROJECT NO. ST. 1994-9:
MOTION by Councilman Schneider to adopt Resolution No. 41-1994.
Seconded by Councilman Billings. Upon a voice vo�te, all voting
aye, Mayor Nee declared the motion carried unanimously.
Councilman Billings stated it is his understanding that the
residents of the neighborhood would be notified of the Central
Avenue bike path, and there would be an agenda it:em before the
public hearings at the beginning of the meeting on June 20 to
discuss the issue. The Council was in concurrence with this
statement.
13. RESOLUTION NO. 42-1994 AUTHORIZING PRELIluIINARY PLANS,
SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: KERRY LANE
RECONSTRUCTION PROJECT NO. ST. 1994-12:
Mr. Flora, Public Works Director, stated that this resolution is
for the reconstruction project on Kerry Lane, which c:onsists of the
removal of the existinq concrete material and repl.acing it with
concrete curb and gutter and asphalt surfacing. He stated that no
assessments are associated with this project.
MOTION by Councilman 5chneider to adopt Resolution� No. 42-1994.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimou�ly.
14. RESOLUTION NO. 43-1994 RECEIVING THE PRELIMINI�RY REPORT AND
ORDERING FINAL PLANS AND ESTIMATES OF COSTS THEREOF: KERRY
LANE RECONSTRUCTION PROJECT NO. ST. 1994-12:
MOTION by Councilman Schneider to adopt Resolution No. 43-1994.
Seconded by Councilwoman Jorgenson. Upon a voice vo'te, all voting
aye, Mayor Nee declared the motion carried unanimou:aly.
15. RESOLUTION NO. 44-1994 ORDERING IMPROVEMENT AND APPROVAL OF
PLANS AND ORDERING ADVERTISEMENT FOR BIDS: KERRY LPiNE
RECONSTRUCTION PROJECT NO. ST. 1994-12:
MOTION by Councilman Schneider to adopt Resolution No. 44-1994.
Seconded by Councilwoman Jorgenson. Upon a voice vot:e, all voting
aye, Niayor Nee declared the motion carried unanimou�ly,
16. RESOLUTION NO. 45-1994 ORDERING FINAL PLANS ANC► ESTIMATES OF
COSTS THEREOF: STINSON BOULEVARD STREET IMPROVEMENT PROJECT
NO. ST. 1993-7•
MOTION by Councilman Schneider to adopt Resolution No. 45-1994.
Seconded by Councilwoman Jorgenson. Upon a voice vot:e, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF MAY 16, 1994 PAGE 16
17. RESOLUTION NO. 46-1994 RECEIVING FINAL PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STINSON
BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 1993-7:
MOTION by Councilman Schneider to adopt Resolution No. 46-1994.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
18. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
19. APPOINTMENT: CITY EMPLOYEE:
Mr. Burns, City Manager, stated that he was pleased to recommend
the appointment of Thomas Swanson as Patrol Officer. He stated
that Mr. Swanson graduated from St. Louis Park High School and
received his Associates of Arts Degree in law enforcement from
Normandale Community College. He stated that he is currently
employed at Computer City in Edina as a Loss Prevention Supervisor
and has served as a member of the Hopkins Police Department
Reserve.
MOTION by Councilman Schneider to concur with the following
appointment by the City Manager:
Starting Starting
Name Position Salarv Date RepZaces
Thomas Patrol
Swartson Officer
Non-
exempt
$12.61 May 17, Jeffrey
per hour 1994 Smith
Seconded by Cauncilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
20. CLAIMS•
MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos.
55468 through 55727. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
21. LICENSES•
MOTION by Councilman Billings to approve the licenses as submitted
and as on file in the License Clerk's Office. Seconded by Council-
woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF MAY 16, 1994 PAGE 17
22. ESTIMATES:
MOTION by Councilwoman Jorgenson to approve the estimates as
submitted:
Barna, Guzy & Steffen, ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 55433
Statement for Services Rendered
as City Attorney for the Month
of April, 1994 . . . . . . . . . . . . . . . ;� 4,552.33
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Statement for Services Rendered as
City Prosecuting Attorney for the
Month of March, 1994 . . . . . . . . . . . . ;>11,535.00
Innovative Irrigation
10006 University Avenue N.W.
Coon Rapids, MN 55448
Corridor Maintenance
Project No. 266
Estimate No. 1 . . . . . . . . . . . . . . . :� 3, 192. 95
Automatic Systems Co., Inc.
P. O. Box 120359
St. Paul, MN 55112
Supervisory Control and Data Acquisition Syste:m (SCADAj
Project No. 259
Payment No. 2 . . . . . . . . . . . . . . . . $23,674.00
NewMech Companies, Inc.
1633 Eustis Street
St. Paul, MN 55108-1288
Locke Park Water Filter Plant
Proj ect No . 2 4 0
Estimate No. 5 . . . . . . . . . . . . . . . �66,175. 65
Seconded by Councilman Schneider. Upon a voice vate, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF MAY 16 1994 PAGE 18
ADJOURNMENT•
MOTION by Councilman Schneider to adjourn the rneeting, 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 adjourned at 9:52 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
� �
�
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: June 2, 1994 �
TO: William Burns, City Manager ��
��y
Barbara Dacy, Community Development Director
SUBJECT: Public Hearing on Zoning Text Amendment, ZTA #94-
O1, by William Turner, to Allow Seasonal Outdoor
Food Sales
The Planning Commission at its May 4, 1994 meeting recommended
approval of the zoning text amendment subject to deleting the
dimensions of the sale area (10' x 20'), establishing a maximum
number of operations at any one site, and clarifying the
definition of outdoor food sales. The proposed amendment would
permit daily sales and weekly sales occurring for more than two
consecutive weeks as a special use permit in the C-2 and C-3
commercial districts. Outdoor food sales occurring for special
events or less than two weeks would be a permitted accessory use
in the C-2 and C-3 commercial districts.
Since the Planning Commission meeting, staff has revised the
proposed ordinance amendment to comply with the Planning
Commission direction. The proposed ordinance has also been
amended to provide for a more detailed definition of seasonal
outdoor food sales.
The petitioner has also filed a special use permit application
for sales at the Wal-Mart site. The City Council will consider
this request on June 20, 1994.
Staff has sent the proposed ordinance amendment to the Minnesota
Department of Agriculture and the City Attorney's office for
review and possible modification. The Minnesota Department of
Agriculture considers the sale of mini doughnuts as a mobile food
service and has specific requirements regarding its operations.
The key requirement from the State is that it not operate in any
one location for more than 14 consecutive days. The petitioner
is contacting the State as to whether or not continued operation
at the Wal-Mart site every weekend would be in conflict with the
State rules regarding a mobile food service. At the writing of
this report, we have not heard from the State as to their
determination on the proposed use; however, prior to first
Public Hearing on ZTA #94-01
June 2, 1994
Page 2
reading of the ordinance on June 20, 1994, staff recommends that
these issues be resolved to the City Council's satisfaction.
Recommendation
The City Council should conduct the public hearing.
BD/dn
M-94-289
1A
�
_
ST��FF REPORT
Communi�ty Development Department
Appeals Cocninission Date
Planning Commission Date = May 4, 1994
City Counc:il Date : June 6, 1994
APPLICATION NUMBER:
ZTA #94-OZ
PETITIONER•
William Turner
LOCATION•
N/A
REQUEST•
The petitioner is requesting a zoning ordinance amendment to
permit seasonal outdoor food sales in the C-2 and C-3 zoning
districts. The proposed amendment would affect Chapters 205.14
(C-2, General Business), and Chapter 205.15 (C-3, General
Shopping Center), accessory and special use permit sections. In
addition to amending the zoning ordinance, the City also needs to
amend C�apter 32, entitled "Food Establishments", and Chapter 11,
entitled "Fees" regarding the licensing of these types of sales.
BACRGROUND•
The petitioner, William Turner, sold mini doughnuts inside the
Wal-Mart store during the 1993 Holiday season. Mr. Turner was
informed by the Acting Chief Building Official that the equipment
was not in compliance with the Uniform Mechanical Code for proper
ventilation. Mr. Turner was also informed by the Planning
Department that outdoor sales of food is not currently permitted
by the zoning code. Mr. Turner subsequently requested the City
Council, during the "open forum" portion of the February 7, 1994
meeting, to amend the City's ordinance. The City Council
directed staff to prepare alternatives.
ANALYSIS:
Alternatives
Staff developed three alternatives based on the City Council's
direction:
A. To permit seasonal outdoor sales of food as a licensed
�
ZTA #94-01
William Turner
Page 2
accessory use. This would have permitted the use as an
accessory use, but would require the issuance of a license
under Chapter 32.
B. To require seasonal outdoor food sales as a special use
permit. This would require all seasonal sales, irregardless
of duration, to be reviewed and approved by both the
Planning Commission and the City Council.
C. Continue to prohibit outdoor sales of food and other items
in the commercial districts.
Based on City Council direction, staff has combined alternatives
A and B in the proposed ordinance change to be reviewed by the
Planning Commission.
Current Proposal
The proposed ordinance change would first define daily, weekly,
and special event seasonal outdoor faod sales in Chapter 32,
entitled "Food Establishments" as follows:
A. Daily sales. Sales which occur each day for ten or more
consecutive days.
B. Weekly sales. Sales which occur for a minimum of one and a
maximum of three consecutive days each week for two or more
consecutive weeks during the year.
C. Special event sales. Sales which occur for a minimum of one
and a maximum of ten consecutive days, no more than two
times per year.
Based on the above definitions, a license would only be required
for the following:
A. Special event sales.
B. Weekly sales which occur for less than two consecutive
weeks.
A special use permit would be required for:
A. Daily sales.
B. Weekly sales occurring over two consecutive weeks.
Staff proposes the following standards for issuance of either a
license or a special use permit:
1C
ZTA #94-01
William Turner
Page 3
l. The sale area shall not exceed ten feet by 20 feet (200
square feet of area).
2. The sale area shall be located within 20 feet of the major
entrance of the principal building.
3. The sale area shall not be located within the 20 foot
parking setback or in the public right-of-way.
4. The sale area shall not interfere with parking or traffic
patterns.
5. The pedestrian waiting area shall be clearly defined,
signed, and shall be protected and separated from vehicular
traffic.
6. Sale equipment shall meet all applicable building, fire, and
electrical codes.
7. A license shall be obtaine�3 in accArdance with the
requirements of Chapter 32 of the Fridley City Code prior to
conducting sale activities.
Analysis
The special use permit option f��r extended daily or weekly sales
gives the City the flexibility -to stipulate specific time frames
or to enforce stipulations uniq�se to the property. Licensing the
shorter sales eliminates a long application process for the
petitioner, but he/she still ha:s to meet the safety standards
proposed in the ordinance.
RECOMMENDATION/STIPULATIONS:
Staff recommends that the Plann:ing Commission recommend approval
of the proposed ordinance chang�a as presented in the attached
hearing notice.
PLANNING COMMiSSION ACTION
The Planning Commission recomme�zded approval of the ordinance
amendment subject to deleting tize dimensions of the sale area
(10' x 20'), establishing a max:imum number of operations at any
one site, and clarifying the de;Einition of outdoor food sales.
CITY COUNCIL RECOMMENDATION
Staff recommends the City Counc:�l conduct the public hearing.
1D
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there will be a public hearing of the
Fridley City Council at the Fridley Municipal Center, 6431
University Avenue N.E. on Monday, June 6, 1994 at 7:30 p.m, for
the purpose of:
Consideration of a Zoning Text Amendment, ZTA #94-01,
by William Turner, to amend the Fridley Zoning
Ordinance as follows:
AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 205, ENTITLED "ZONING", BY
AMENDING SECTIONS 205.03, 205.14.1.B,
205.14.1.C, 205.15.1.B, 205.15.1.0
205.03. DEFINITIONS
60. Seasonal Outdoor Food Sales
A food establishment wherein food is stored, �repared,
manufactured, processed, wrapped, canned, packed, bottled
transported, distributed, or served from a trailer, vehicle
stand, enclosure, space, or area which is located outdoors and
not within the t�rincipal or accessory structure andLor use on the
property. Further, the food items are served and for sale on a
temporary or seasonal basis as defined below:
A. Special event sales are sales which occur for a minimum
of one (lj and a maximum of ten (10) consecutive days,
no more than two times per �ear.
B. Weekly sales are sales which occur for a minimum of one
(� and a maximum of three (3) consecutive days in one
week.
C. Daily sales are sales which occur for ten (10� or more
consecutive days.
Outdoor eating areas accessory to restaurants, as defined herein �
are not considered seasonal outdoor food sales.
205.14 C-2 GENERAL BUSINESS DISTRICT REGULATIONS
l. USES PERMITTED
B. Accessory Uses.
1E
The following are accessory uses in C-2 Districts:
u Weekly seasonal outdoor food sales occurring less
than two consecutive weeks subject to the
following standards:
�� Sale area shall not exceed 200 square feet of
area.
� Sale area shall be located within 20 feet of
the ma:oZ r entrance of the principal building.
� Sale area shall not be located within the 20
foot parkinq setback or in the public right-
of-way.
� Sale area shall not interfere with parking or
traffic patterns.
� The pedestrian waiting area shall be clearlv
defined, siqned, and shall be protected and
separated from vehicular traffic.
jfl Sale equipment shall meet all applicable
building, fire, and electrical codes, and anv
requirements of the Minnesota Department of
Agriculture_
�_ A license shall be obtained in accordance
with the reauirements of Chapter 32 of the
Fridley City Code prior to conductinq sales
activities.
� No more than two {2) outdoor food
establishments shall be located on one
�ro�perty during the same time frame.
L� Special event outdoor food sales subject to the
following standards:
j� Sale area s:hall not exceed 200 square feet of
area.
� Sale area s:hall be located within 20 feet of
the maior entrance of the principal buildinq.
.{cl Sale area s:hall not be located within the 20
foot parkin�� setback or in the public riqht-
of-way.
� Sale area s:hall not interfere with parking or
traffic patterns.
�� F
� The pedestrian waitinq area shall be clearly
defined, signed, and shall be protected and
separated from vehicular traffic.
� Sale equipment shall meet all applicable
building, fire, and electrical codes, and any
requirements of the Minnesota Department of
Agriculture.
� A license shall be obtained in accordance
with the requirements of Chapter 32 of the
Fridley City Code prior to conducting sales
activities.
� No more than two (2Z outdoor food
establishments shali be located on one
property during the same time frame.
C. Uses Permitted With A Special Use Permit.
The following are uses permitted with a Special Use Permit
in C-2 Districts:
18 Daily seasonal outdoor food sales subject to the
following standards:
�aZ Sale area shall not exceed 200 square feet of
area.
� Sale area shall be located within 20 feet of
the maior entrance of the principal buildinq.
� Sale area shall not be located within the 20
foot parking setback or in the public riqht-
of-way.
� Sale area shall not interfere with parking or
traffic patterns.
� The pedestrian waiting area shall be clearly
defined, signed, and shall be protected and
separated from vehicular traffic.
� Sale equipment shall meet all applicable
building, fire, and electrical codes, and any
requirements of the Minnesota Department of
Agriculture.
� A license shall be obtained in accordance
with the requirements of Chapter 32 of the
Fridley City Code prior to conductina sales
activities.
1G
�h� No more than two (2) outdoor food
establishments shall be located on one
propertv durinq the same time frame.
19 Weekly seasonal �utdoor food sales occurrina for
more than two consecutive weeks, subject to the
following standards:
L� Sale area shall not exceed 200 square feet of
area.
�_ Sale area shall be located within 20 feet of
the maior entrance of the �rinciQal buildinq.
� Sale area shall not be located within the 20
foot parkinq setback or in the public right-
of-way.
� Sale area shall not interfere with parking or
traffic patterns.
� The pedestrian waiting area shall be clearlv,
defined, siqned, and shall be protected and
se�arated from vehicular traffic.
SfZ Sale equipment shall meet all applicable
building, fire and electrical codes, and anv
requirements of the Minnesota Department of
Agriculture_
SgZ A license shall be obtained in accordance
. with the rectuirements of Chapter 32 of the
Fridl�y Citv Code prior to condnctinq sales
activities.
� No more than two (2) outdoor food
establishme.nts shall be located on one
property du.ring the same time frame.
205.15 C-3 GENERAL SHOPPING CE;NTER DISTRICT REGULATIONS
1. USES PERMITTED
B. Accessory Uses.
The following are accessory uses in C-3 Districts:
�6Z Weeklv seasonal outdoor food sales occurrinq less
than two consecL�tive weeks subject to the
following standards:
�I H
� Sale area shall not exceed 200 sctuare feet of
area.
� Sale area shall be located within 20 feet of
the maior entrance of the principal building.
� Sale area shall not be located within the 20
foot parking setback or in the public right-
of-waY.
� Sale area shall not interfere with parking or
traffic patterns.
� The pedestrian waitinc� area shall be clearlv
defined, signed, and shall be protected and
separated from vehicular traffic.
� Sale equi�ment shall meet all applicable
building, fire, and electrical codes, and anv
requirements of the Minnesota.Department of
Aariculture.
,�g1 A license shall be obtained in accordance
with the requirements of Chapter 32 of the
Fridley City Code prior to conducting sales
activities.
� No more than two L2) outdoor food
establishments shall be located on one
property durinQ the same time frame.
_� Special event seasonal outdoor food sales subject
to the followinq standards:
� Sale area shall not exceed 200 square feet of
area.
� Sale area shall be located within 20 feet of
the major entrance of the principal buildina.
� Sale area shall not be located within the 20
foot parking setback or in the �ublic right-
of-way.
� Sale area shall not interfere with parking or
traffic patterns.
�e� The pedestrian waiting area shall be clearlv
defined, signed, and shall be protected and
separated from vehicular traffic.
��
� Sale equipm��nt shall meet all applicable
buildinq, f.ire, and electrical codes, and anv
requirement:s of the Minnesota Department of
Aqriculture.
� A license slzall be obtained in accordance
with the re�xuirements of Chapter 32 of the
Fridley Cit�� Code prior to conductinq sales
activities.
� No more tha�1 two (2) outdoor food
establishme�zts shall be located on one
property du:rinq the same time frame.
C. Uses Permitted With A Special Use Permit.
The following are uses per�nitted with a Special Use Permit
in C-3 Districts:
21 Daily seasonal oi�tdoor food sales subiect to.the
following standa:rds:
�al Sale area s1.1a11 not exceed 200 sctuare feet of
area.
� Sale area shall be located within 20 feet of
a ma�or ent_rance of the principal buildinct.
� Sale area sllall not be located within the 20
foot parkinc� setback or in the public riQht-
of-way.
� Sale area slzall not interfere with parking or
traffic pat1terns.
� The pedestr:ian waiting area sha11 be clearlv
defined, si<xned, and shall be protected and
separated f:rom vehicular traffic.
� Sale ectuipm��nt shall meet all applicable
buildinct anci fire codes, and any requirements
of the Minnesota Department of Agriculture.
� A license sliall be obtained in accordance
with the re�xuirements of Chapter 32 of the
Fridl.ey Cit�,� Code prior to conducting sales
activities.
� No more than two (2) outdoor food
establishments shall be located on one
property du:ring the same time frame.
�J
22 Weekly seasonal outdoor food sales occurring for
more than two consecutive weeks subiect to the
following standards:
� Sale area shall not exceed 200 square feet of
area.
jbZ Sale area shall be located within 20 feet of
a maior entrance of the principal building.
�cZ Sale area shall not be located within the 20
foot parking setback or in the public rictht-
of-way.
�d� Sale area shall not interfere with parking or
traffic patterns.
Le� The pedestrian waiting area shall be clearly
defined, signed, and shall be protected and
separated from vehicular traffic.
� S_ale equipment shall meet all applicable
building and fire codes, and any requirements
of the Minnesota Department of Agriculture.
� A license shall be obtained in accordance
with the requirements of Chapter 32 of the
Fridley City Code .prior to conductinq sales
activities.
� No more than two (2) outdoor food
establishments shall be located on one
property during the same time frame.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than May 30, 1994.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place. Any questions
related to this item may be referred to the Fridley Community
Development Department at 571-3450.
Publish: May 24, 1994
May 31, 1994
7
1K
WILLIAM J. NEE
MAYOR
CITY ()F FRIDLEY
PLANNING COMMISSION MEETING, MAY 4, 1994
CALL TO -0RDER • �
;
Vice-Chairperson Kondrick callc�d the May 4, 1994, P1'anning
Commission meeting to order at 7:35 p.m. /
ROLL CALL:
Members Present: Dave Kondr.ick, Diane S�vage, Dean Saba,
LeRoy Oqui:�t /
Members Absent: Dave Newma�n, Brad'Slelaff, Connie Modig
Others Present: Barbaza Da�~�Community Development Director.
Michelle M�^ herson, Planning Assistant
Faron Tur ��r, 7708 Tyler Street N.E.,
Sprin L.�ke Park, Minnesota
Frank im�ek, 7901 River Terrace
Clar Naso:n, 614 Cheryl Street N.E.
M. .& E. Thompson, 6212 Hillside Road, �
Edina, Minnesota
im & Diane Lott, 2149 Sheridan Hills Road,
Wayzata, Minnesota
Darlene Brady, 641 Buffalo Street N.E.
Gordon Hedlund, 1255 Pike Lake Drive,
New Brighton, Minnesota
James Peterson, 7995 Broad Street
APPROVAL/OF APRIL 20, 1994, PLANNING COMMISSION MINUTES:
MOTI4N by Mr. Saba, seconded by Mr. Oquist, to approve the
Apr� 20, 1994, Planning Commission minutes as written.
�ON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED UNANIMOIISLY.
l. PUBLIC HEARING: AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE, CHAPTER 205, ENTITLED "ZONING" BY AMENDING SECTIONS
205.14.1.B, 205.14.1.C, 205.15.1.B, 205.15.1.C, AND
RESCINDING AND AMENDING CHAPTER 32, ENTITLED "FOOD
ESTABLISHMEI�ITS" �
MOTION by Ms. Savage, seconded. by Mr. Oquist, to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON ICONDRICR
DECLARED THE MOTION CARRIED ATfD THE PUBLIC HEARING OPEN AT 7:36
P.M_
1L
PLANNING COMMISSIGN MEETING MAY 4 1994 PAGE 2
Ms. Dacy stated this item is a request to amend two zoninq
districts in the ordinance. The request is to amend the C-2 and
C-3 districts, which are commercial, to permit seasonal outdoor
food sales. The request is being made because the. petitioner,
William Turner and his son, Faron Turner, operate a mini-doughnut
machine. They were seiling mini-doughnuts inside the Wal-Mart
Store during the holiday season last year_ The mechanical code
requires this type of equipment to have a venting system to have
the exhaust leave the area of the machine and out of the
building. Wal-Mart was not willing to provide the venting
system. The alternative was to locate the mini-doughnut machine
outside the building. The zoning code however does not permit
the outdoor sales of food items. Mr. Turner subsequently spoke
at a City Council meeting during the Open Forum to request the
City Council to consider amending the ordinance. The City
Council directed staff to develop options for their review which
staff did and brought back to the City Council. The City Council
decided they would be able to support an amendment that would
permit �outdoor food sales, both on.a temporary and long term
basis, using different tools in the zoning code and the licensing
chapter. The amendment to the zoning ordinance includes three
different types of sales of food items, as follows:
A. Daily.sales. Sales which occur each day for ten or more
consecutive days.
B. Weekly sales. Sales which occur for a minimum of one and a
maximum of three consecutive days each week for two or more
consecutive weeks during the year.
C. Special event sales. Sales which occur for a minimum of one
and a maximum of ten consecutive days, and no more than two
times per year.
The weekly sales and special event sales would be a permitted
accessory use and would require a license. The petitioner would
come in, file an application for a license, and this would be
handled by staff. For daily sales, staff suggest there be a
special use permit in the C-2 and C-3 districts. Using this as a
framework, staff developed seven standards U�ith which all of the
sales would have to comply:
l. The sale area shall not exceed ten feet by 20 feet (200
square feet of area).
2. The sale area shall be located within 20 feet of the major
entrance of the principle building.
3. The sale area shall not be located within the 20 foot parking
setback or in the public right-of-way_
1M
PLANNING COMMISSION MEETING MAY 4 1994 PAGE 3
4. The saie area shall not interfere with parking or traffic
patterns.
5. The pedestrian waiting area shall be clearly defined, signed,
and shall be protected and separated from vehicular traffic.
6. Sale equipment shall meet all applicable building, fire, and
electrical codes.
7. A license shall be obtained in accordance with the
requirements of Chapter 32 of the Fridley City Code prior to
conducting sale activities.
Staff recommends that the Planning Commission recommend approval
to the City Council of the proposed ordinance amendment.
Ms. Dacy stated, as a related item, Chapter 32, the Food
Establishment Code which would require the license, is currently
being reviewed by the Cierk's Office. Because this �is not part
of the zoning code, it will not be brought before the Planning
Commission. Also,. she was contacted by a local restaurant owner
wondering if the outdoor eating area at his establishment might.
be restricted by this ordinance. In order to clarify for the
record, this is not the case. This amendment is to address
temporary food sales, such as the mini doughnut operation, which
is not a continuous principal use of the property.
Mr. Saba asked if staff had considered tieing these types of
sales to the number of square feet of space so they are not lined
up along the wall. Is there a maximum number of food vendors
allowed?
Ms. Dacy stated this was not discussed but they may want to
restrict the number of sales occurring on any one property at any
one time. This could be a standard.
Mr. Oquist stated the intent is not to restrict outdoor use at
restaurants, but this could restrict that. There should be
wording in the standard that does not restrzct.
Ms. Dacy stated, in the definition of sales, they can clarify
what the term means and perhaps define by excluding restaurants
with outdoor eating areas.
Mr. Oquist stated, in the first standard, the sale area is not to
exceed 10 feet by 20 feet (200 square feetj. He asked if they
wanted to restrict this to 200 square feet oz 10 feet by 20 feet.
Ms. Dacy stated she would recommend stating 200 square feet and
not provide dimensions.
1N
i-
PLANNING COMMISSION MEETING MAY 4 1994 PAGE 4
Ms. Savage asked if restaurants can have outdoor tables caithout a
special use permit.
Ms. Dacy stated this was correct. There are no specific
guidelines in the code about that. Outdoor seating areas are
typically separated from a sidewalk or street and customers have
to get back into the main building to pay. The food is being
sold ar.d eaten on the premises. The City is trying to address
food sales purchased and not eaten in the immediate area.
Mr. Faron Turner thanked staff and the Commission for their time
and effort. He and his father have gotten a good response from
the public as far as what they do at Wal-Mart. People are coming
and like to find them there. It is a novelty that the public
enjoys and Wal-Mart enjoys, and they would like to continue. He
understands the proposed amendments, but he does not know where
it will end up. As far as the down draft system used to vent the
operation in the store, when they purchased the equipment, they
were told it was approved equipment but later learned it was not
approved within the City. They would not have used it if they
had known. He met with Ms. Dacy at the site, and he hopes.they
can continue their operation.
Ms. Darlene Brady stated she had a thought about the outdoor
seating areas at restaurant. These areas do not have food
prepared there. Food is prepared inside and served outdoors:
MOTION by Mr. Saba, seconded by Ms. Savage, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:52
P.M.
Mr. Saba stated he would like to see included in the amendment
wording that addresses the number of food sales vendors allowed
in any one area to avoid a carnival-like appearance and change
the area to read 200 square feet.
Mr. Oquist stated there should also be clarification of food
preparation or food sales and to whom it applies.
Mr. Kondrick asked if Ms. Dacy would liYe to make the changes and
come back or if she would like a recommendation.
Ms. Dacy stated she would like to have a recommendation if the
Commission is comfortable in doing so without actually seeing the
changes.
MOTION by Mr. Saba, seconded by Ms. Savage, to recommend to the
City Council approval of an ordinance recodifying the Fridley
City Code, Chapter 205, entitled "Zoning" by amending Sections
��
PLANNING CON�IISSION MEETING MAY 4 1994 PAGE 5
205.4.1.B, 205.14.1.C, 205.15.1.B, 205.15.1.C, and rescinding and
amending Chapter 32, entitled "Food Establishments"; that the
standard regarding the sale area be amended to read, "Sale area
shall not exceed 200 square feet of area"; that there be included
a limit to the number of sellers allowed at a site; and that
there be clarification of food preparation and food sales.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP
#94-06, BY WILLIAM TURNER:
Per proposed Section 205.14.O1.C.(18) of the Fridley City
Code, to allow seasonal daily outdoor sales of food (mi�i
doughnuts) on Lot l, Block l, Wa.l-Mart in Fridley, the same
being 8450 University•Avenue.N.E. (Wal-Mart Store)
MOTION by Mr. Oquist, seconded by Mr. Saba, to waive-'the reading
of the public hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR
DECi,ARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:56
P.M.
Ms. Dacy stated the parcel is located at the Wal-Mart Store
located at the corner of 85th Avenue and University. The
property is zoned C-2, Commercial. The Springbrook Apartments
are on the west side of the property and are zoned R-3, Multiple
Family, and the vacant property now under construction is zoned
C-2, Commercial.
Ms. Dacy stated the petitioner is requesting a special use permit
for doughnut sales just east of the front door within the 20 feet
distance required by the zoning ordinance just discussed. The.
vendor will be located on the sidewalk in front of the store.
The sidewalk is about 10 feet deep. The trailer is 7 feet by 10
feet so the trailer will be located lengthwise along the wall of
the building. At this point, the area is striped for pedestrian
traffic and there are bollards in front of the store's main
entrance.
Ms. Dacy stated the petitioner stated during the site visit,
because they prepare the doughnuts in the bags in advance, they
have not generally had a line and there is not an overcrowded
condition. S�aff have reviewed the request based on the
standards developed in the zoning.ordinance and recommend the
Planning Commission recommend approval of the special use permit
subject to the following stipulations:
l. Daily sales of mini doughnuts shall begin on May l and end on
October I of each year.
1P
[REVISOR J AR1347ST
Subp. 1�. Itinerant food service. "Itinerant food service"
means a food service establishment that is disassembled and
moved fr�m location to location, remaining no mQre than 14
consecutive days at any one place.
Subp. 20. Ritchenware. "Kitchenware" means all multi-use
utensils other than tableware.
Subp. 21. Law. "Law" includes Eederal regulations, state
statutes and rules, and local ordinances.
Subp. 22. Limited food service establishment. "Limited
Food service establishment" means a Food establishment serving
only prepackaged Food Eor example, frozen pizza and sandwiches
which receive no more than heat treatment.
Subp. 23.� Mobile food service. "Mobile food service" '!
means a food service establishment that is a vehicle mounted i��
unit, either motorized or trailered, and readily movable without j�
disassembling, cor transport to anothec location and remaining { !
For no more than 14 consecutive days at any one place. `t
Subp. 24. National sanitation foundation standard. '
"National sanitation Foundation standatd" means a standard
issued and r�commended by the National Sanitation Foundation For
equipment used in Food establishments. The standards are
published by the National Sanitation Foundation, 3475 Plymouth
Road, P.O. Box 1468, Ann Arbor, Michigan 48106. The standards
listed in parts 4625.3701, subpart 2, item A, and 4625.3801,
subpart 6, items D and F, are incorporated by re�erence and are
available through the Minitex interlibrary loan system. The
standards are not subject to Erequent change.
Subp. 25. Packaged. "Packaged" means bottled, canned,
cartoned, or s�curely wrapped.
Subp. 26. Perishable food. "Perishabie food" means a Eood
OE tFtL'' t}'D? Qr. �:? tt!ca r'O^�1*��.^. �E':3t !??�� SPCi7 .
Subp. 27. Person in charge. "Person in charge" means the
individual present in a food service establishment who is the
apparent supervisor oF the Eood service establishment at the
time oE inspecr.ion. IE no individual is the appacent
supervisor, then any employee present is the person in charge.
Subp. 28. Potable water. "Potable water" means water o� a
quality and Lrom a source of supply and system operated,
located, and constructed in accordance with the department rules
relating to public water supplies, water wells, and plumbing
installations.
Subp. 29. Potentially hazardous food. "Potentially
hazardous Pood" mears any food that consists in whole oc in nar�
of milk or miLk products, eggs, meat, poultry, Fish, shellfish,
1 �?
THE MINUTES OF THE
FEBRUARY 7, 1994
ING OF THE FRI
%
The Regular Meeting of the Fridley City Council was called order
at 7:36 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pled of Allegiance
to the Flag.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT:
PROCLAMATION•
Mayor Nee, Councilwo:
Billings, Councilman
woman Bolkcom /
None
� Jorgenson, Councilman
chneider, and Council-
[cIIi�:�fi�:T:�1
Mr. Hunt, Assistant to the ity Manager, read this proclamation
which proclaimed the we of February 13-19, 1994 as Child
Passenger Safety Awarene Week.
Mayor Nee issued the roclamation and urged Fridley citizens to
buckle up themselves nd their children while driving during this
week and the entire v.ear.
GlRi] ai►ri i � liji ►i �i
COUNCIL
RY 18, 1994:
MOTION by C ncilman Schneider to approve the minutes as presented.
Seconded b Councilwoman Jorgenson. Upon a voice vote, all voting
aye, May Nee declared the motion carried unanimously.
C�]�l
MOT N by Councilman Billings to adopt the agenda as submitted.
Se onded by Councilman Schneider. Upon a voice vote, all voting
a: e, Mayor Nee declared the motion carried unanimously.
/
OPEN FORUM, VISITORS:
C�'� � `_
MR. FAR0�1 TUR[�1ER 770d `I'YLER STREET F� :':I[�fI-DONUT STAIVD: �=---�
�
'� � \_.
Mr. Turner, 7708 `I'yler Street, Spring Lake Park, appeared before
the Council regarding operation of his mini-doughnut stand inside
the Wal-Mart store.
1R
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7 1994 PAGE 2
Ms. Dacy, Community Development Director, stated that Mr. Turner
was asked to cease operation of his mini-doughnut stand due to
violations of the building code. She stated that a ventilation
system needs to be connected in order to operate the machine for
making the doughnuts. She stated that Mr. Turner indicated he
would operate this stand outside the store; however, the special
use permit process does not allow for this type of operation.
Ms. Dacy stated that she met with Mr. Turner and advised him to
apply for an amendment to the zoning ordinance.
Mr. Turner stated that. he did not object to applying for an
amendment to the zoning ordinance if it would be approved. He also
said that he could not afford to pay for this process if it was not
approved and he could not operate his business. He questioned if
his business could be licensed under the licensing of a peddler or
caterer. He stated that there has .been a good response to his
operation from the management at Wal-Mart, as well as the general
public. Mr. Turner stated that Wal-Mart did not want to install
the ventilation system, but he could operate his business outdoors
inside of a trailer.
Mr. Turner stated that the cities of Brooklyn Park and Coon Rapids
issue either a peddler's or caterer's license for his type of
operation.
Councilman Schneider asked if the code permits a supplemental use
of commercial property for selling food.
Ms. Dacy stated that in cases where there may be a grand opening
of a business, this type of sale is permitted and approval is
required from Anoka County. She stated that this caould be for a
short term use, and Mr. Turner's operation would be for long term.
Councilman Schneider askec'. if Mr. Turner would be permitted to
operate his business if he applied for a restaurant license.
Ms. Dacy felt that the ordinance needed to be clarified before
Mr. Turner could operate his business. She stated that Mr. Turner
is concerned about the application fee to apply for an amendment
to the ordinance.
A7r. Turner stated that he has no problem caith the cost if it would
guarantee that he could operate his business. He stated that he
has no problem with paying this fee if a licens� fee could be
established.
Councilman Billings stated that as he understands, ,•�r. Turner would
like the Council to make a determination if Yie can o�erate his
business before going throuqh the public hearinq �rocess. He
stated that the purpose of the public hearinq is to gather
information and facts to determine if an amendment to the or.dinance
1S
f
,
l
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 7, 1994 PAGE 3
is in the best interests of the City. He felt that he could not
give any guarantees that if Mr. Turner applies for the amendment
it would be approved. He stated that he has some concern, as this
may open the door for a lot.of persons to operate out of trucks or
trailers to sell their items which the City discourages. He stated
that if the City accommodates Mr. Turner, he questioned how it
would impact those persons who want to come into the City and sell
their merchandise from a truck. He felt that all these issues
would have to-be considered.
Mr. Turner questioned if it was possible for him to operate under
a license that has already been established in the City.
Councilman Billings felt that it may be in Mr. Turner's best
interest to work with City staff to review some of his options for
the operation of his business.
Mr. Turner stated that he would be in contact with Ms. Dacy's
office to discuss the matter.
PUBLIC HEARINGS:
l.
ENTITLED "SUBDIVISION,"
NOTIFICATION RADIUS:
I�
+� �nrrrrri_ �i
MOTION by Councilman Schneider to waive the readin of the public
hearing notice and open the public hearing. Sec ded by Council-
woman Jorgenson. Upon a voice vote, all vot'ng aye, Mayor Nee
declared the motion carried unanimously an the public hearing
opened at 8:06 p.m.
Ms. Dacy, Community Development Direct , stated that the purpose
of this amendment is to expand the ublic hearing notification
radius on all development applica ons to 350 feet. She stated
that the purpose of the amendme is to be consistent with state
statutes and to advise a large portion of �he neighborhood about
development applications. he stated that these development
applications apply to spec' 1 use permits, variances, plats, and
lot splits.
No persons in the aud�nce spo3ce regarding this proposed amendment.
MOTION by Counc' man Schneider to close the public hearing.
Seconded by Cou ilwoman Jorgenson_ Upon a voice vote, all voting
aye, Mayor N declared the motion carried unanimously and the
public hear' g closed at 8:08 p_m.
2. PU IC HEARING ON AN ORDINANCE AMEN
?TER 2 AND
�'ECTI02�1 4.04 OF THE FRIDLEY CITY CHARTER (CITY
ORGANIZATION, AND NOMINATIONS AND SPECIAL ELECTIONS)-
MOTION.by Councilwoman Jorgenson to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
1T
FRIDLEY CITY COUNCIL MEETING OF MARCH 7 1994 PAGE 16
$48,306_50 from the original contract with Lunda Construction
Company. Seconded by Councilwoman Jorgenson. Upon a voice vot ,
Councilman Billings, Councilwoman Jorgenson and Mayor Nee vote in
favor of the motion. Councilwoman Bolkcom abstained from v ing_
Mayor Nee declared the motion carried.
12. RESOLUTION NO. 20-
CI
14l_:i)]
i7
G�
ORDERIN
N Y PLANS
. OF- STINSON
993-7:
Mr. Flora, Public Works Director, stated tha Fridley has been
working with the City of Mounds View to jo' tly upgrade Stinson
Boulevard/Pleasant View Drive between 73rd enue and Osborne Road.
He stated that a petition was received f om residents to upgrade
the road to 38 feet with parking on bo sides and the installation
of concrete curb and gutter.
MOTION by Councilwoman Jorgenso to adopt Resolution No. 20-1994.
Seconded by Councilman Billin . Upon a voice vote, all voting
aye, Mayor Nee declared the tion carried unanimously.
13.. RESOLUTION NO. ll-
CALLING FOR A PUBL
OF CONSTRUCTION F
NG ON MARCH 21, 199�
_N IMPROVEMENTS: ST
' NO. ST. 199_3-7'
A
MOTION by Counci oman Jorgenson to adopt Resolution No. 21-1994.
Seconded by Co cilman Billings. Upon a voice vote, all voting
aye, Mayor Ne declared the motion carried unanimously.
14.
ON NO. 22-1994 AUTHORI
r_/c'nMRINATION OF SPECIAL
C�7►F
I
BLyCK 1 AND LOTS 7 AND 8 BLOCK 2 NORTHCO BUSII3ESS PAxK:
MOTI by Councilman Billings to adopt Resolution No. 22-1994.
Se nded by Councilwoman Bolkcom. Upon a voice vote, all voting
a e, Mayor Nee declared the motion carried unanimously.
15. INFORNIAL STATUS REPORTS:
OUTDOOR FOOD SALES:
�
' /
-. �
� %
, _ _.
�_ � - -
i� �-�
P�1s. Dacy, Community Development Director, stated that at a previous
meetinq of the Council, Mr. Turner appeared before the Council
askinq if Council would consider an amendment to the ordi.nance to
permit outdoor sales of food, as he operates a mini-doughnut stand.
She stated that staff has developed ttzree options for Council's
consideration: (1) no change; (2) require a special use permit in
a C-2 and C-3 district; and (3) permit ttzis use as <�n accessory use
in a C-2 and C-3 district and require a li.cense for a"seasonal
food sale-"
1U
FRIDLEY CITY COUNCIL MEETING OF MARCH 7 1994 PAGE 17
� Ms. Dacy stated that if the Council wishes to permit the outdoor
sale of food, a determination would have to be made if it would be
only for the sale of mini-doughnuts or a broader definition of
"seasonal food sales." She stated that if this is allowed,
consideration should be given to standards or stipulations to be
included in the ordinance such as the area of sale, location in
relation to `major entrances, protection of pedestrian waiting
areas, equipment meeting all code requirements, site plans, etc.
She stated that staff recommends that the City continue to prohibit
outdoor sales of food in the C-2 and C-3 zoning districts.
Councilman Billings asked about the outdoor sale of food at the
'49er Days celebration and at Moore Lake Beach.
Ms. Dacy stated that the '49er Days Committee obtain approval to
permit the food vendors to operate on a temporary basis. She
stated that at Moore Lake beach, license approval is obtained from
the Health Department. She stated that Chapter 32 of the City's
license ordin.ance does exempt governmental subdivisions from going
through the licensing procedure. She stated that in both these two
cases, the activities are held on property zoned "Public District."
She stated that this district is drafted very loosely. Because
these have been municipal activities, there has not been a question
raised.
Councilman Billings felt that out of fairness, if it is acceptable
'� for the City to have outdoor sales of food, it should be acceptable
for others to do the same thing.
Ms. Dacy stated that she felt there was a distinction between the
intensity of the uses. She stated that Mr. Turner proposes to
operate on a continuing basis for as many months as possible.
�
Councilman Billings stated that his initial response would be to
take a closer look at allowing this kind of use for a specific
period of time. He stated that he did not know if this would
create a problem. He felt that the permit process should have
sufficient stipulations. He stated that one problem he has is that
often governmental units exempt themselves from rules and expect
everyone else to abide by them.
Councilcaoman Jorgenson stated that she would concur with Coun�ilman
Billings. She felt that the City should exempt themselves and not
ailo��✓ others the same type of access.
Council���oman Bolkcom stated that she would also agree_ Her only
concern is that sales of this nature may cause problems in ottler
areas as far as pedestrians and traffic.
Mr. HerricY., City Attorney, felt one issue that should be clear is
if this would be an outdoor sale or consumption of food.
1V
�
� a 3 Z�- Y.i:4'� . ... .s.
FRIDLEY CITY.COUNCIL MEETING OF MARCH 7 1994 PAGE 18
Councilman Billings statied that he would like staff to review this
item and have these permits for a definite period of time. He
would also like Council to have the opportunity to review them
annually. _
Mr. Herrick felt that an annual review would be acceptable. If
any conditions were placed on the permit and were violated, the
permit could be revoked.
Mayor Nee requested staff to work on this issue and bring it back
to the Council.
16. CLAIMS-
MOTION by Councilwoman Jorgenson to authorize.pa.yment of Clai Nos.
54298 through 54530. Seconded by Councilwoman Bolkcom. pon a
voice vote, all voting aye, Mayor Nee declared the motio carried
unanimously.
17. LICENSES•
MOTION by Councilman Billings to approve the lic ses as submitted
and as on file in the License Clerk's Office. conded by Council-
woman Bolkcom. Upon a voice vote, all v ing aye, Mayor Nee
declared the motion carried unanimously.
18. ESTIMATES-
MOTION by Councilwoman Bolkcom t
submitted: �
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Buil
6401 University Avenue N.E/
Fridley, MN 55432
approve the estimates as.
Statement for Serv'ces Rendered as
City Prosecuting ttorney for the
Month of Januar , 1994. . _ . _ _ . . . . . $ 15,528.75
Maier Stewart & A ociates
1326 Energy Park Drive
St. Paul, MN 5 08
52nd A� nue Floodway/Clover Pond biversion
Proje t No. 222
Est � ate . . . . . . . . . . . . . . . . . . $ l, 570. 00
�cke Park Filter Plant Modification
roject No. 240
Estimate . . . . . . . . . . . . . . . . . . $ 7, 651. 23
1W
�
�
L.J
'I
WA L�M A RT
8450 University Avenue NE
Fridley, Minnesota 55421
612/780-9400
February 7, 1994
To whom it may concern:
It was our pleasure to have a mini-doughnut stand in our store
during the months of November and December. Customers and
associates alike very much enjoyed having these dough-nuts .
available. I was approached by several customers and associates
who told me that they enjoyed the doughnuts and had purchased
some on each visit to our store.
We would welcome them back and would highly recommend them.
Sincerely,
�� ��, ; .- ,
5��������� __
��
Steve Woodley
Store Manager
WE SELL FOR LESS!
W �
�
�
_
UiYOF
FRIDLEY
MEMORANDUM
Municipal Center
6431 University Avenue Northeast
Fridley, Minnesota 55432
(612) 572-3507
FAX: (612) 571-1287
William C. Hunt
Assistant to the City Manager
Memo to: William W. Burns, City Manager AA�
nl
From: Ailliam C. Hunt, Assistant to the City Manaqer�y���
/�
Subject: Public Hearinq on Ordinance Amendinq Chapter 2 and
Section 4.04 of the Fridley City Charter
Date: May 31, 1994
At the April 25, 1994 meeting of the Fridley Home Rule Charter
Commission the attached amendments to Chapter 2 and Section 4.04
of the Fridley City Charter were approved by the Charter Commission
and recommended to the City Council for enactment by ordinance.
The Charter Commission also voted to expedite presentation of these
amendments to the Council rather than wait for approval of the
minutes at their May 23, 1994 meeting.
At their meeting May 2, 1994 the Fridley City Council set a public
hearing on the amendments for June 6, 1994. However, the text of
the amendments in the public hearing .announcement which appeared
in the Focus News was in error, and the notice will have to be
repeated with the correct text.
Therefore, on behalf of the Charter Commission I request that you
present these amendments to the Fridley City Council at their
meeting of June 6, 1994 with the recommendation of setting a public
hearing before the Council on July 11, 1994.
These amendments have been submitted to the Council on several
occasions in the past. The current proposal is the same as the
previous one with the exception that the present language in the
first sentence of Section 2.05.01 (new Section 2.06.01) has been
restored. The previously proposed amendment which would have made
"failure of any Councilmember to attend eight (8) consecutive
regular meetings of the Council" grounds for declaration of a
vacancy has been withdrawn.
Since the proposed amendments involve a consider�ble reorganization
of Chapter 2 I have summarized them below listing items by sections
in the proposed amended version. Some of these comments also
appear in bold type face interspersed in the body of the text.
2.01.01 Clarifies the source of the "Council-Manager" plan of
government.
Memorandum to William W. Burns
Public Hearing on Amendments to Fridley City Charter
Chapter 2 and Section 4.04
May 31, 1994
Page Two
2.01.04 Expands the abiiity of the Council to require production
of non-documentary evidence such as electronic data.
2.02.02- Deletes language which was required for the transition
2.02.04 to elections in even numbered years and links the
election of Mayor and Councilmember-at-large to
presidential election years and of Ward Councilmembers
to gubernatorial election years.
2.02.05 Changes slightly and clarifies when terms of office begin
and end.
2.03 The previous section 2.06 was one long paragraph. This
has been broken up into subsections for greater clarity.
2.03.01 Corrects the title of the Mayor pro tem and specifies
that the appointment is only for the temporary absence
or disability of the Mayor.
2.03.05 Clarifies that the Mayor's duty is not an on-going,
annual duty, but rather something done when necessary at
the direction of the Council. This avoids a potential
. conflict with section 2.01.02 which prohibits the City
Council from attempting to perform administrative duties
other than through the City Manager.
2.03.06
2.04.01
2.04.02
Revised to allow the Mayor to take control in time of
emergency without first having to seek Council approval.
Deletes obsolete references to the original Cit� Charter.
Changes for clarity which do not affect the substance of
the section being amended.
2.04.04 Changes made to accommodate the very complicated and
frequently changing state legislation and case law
regarding redistricting of wards and precincts.
Eliminates the penalty against the Council for failure
to redistrict in a timely fashion after the decennial
census.
2.05
2.06.01
Clarifies the disqualifications of Councilmembers from
being employed by the City in other capacities.
Provides a time frame of thirty days from the event in
question for the declaration of a vacancy.
2A
Memorandum to William W. Burns
Public Hearing on Amendments to Fridley City Charter
Chapter 2 and Section 4.04
May 31, 1994
Page Three
2.06.02 Provides for a special election to fill a vacancy
declared to occur in approximately the first three and
a half years of a four year term of office, that is
before filings for the next election of the office in
question are closed. Changes the window from 45 to 60
days to 30 to 65 days. The current state requirement of
having absentee ballots available one month before the
election, the requirements of notice, and the amendment
requiring at least eight consecutive working days for
filing for office might make it difficult or impossible
to hold a Tuesday election within 60 days.
2.06.03 Allows for a primary election prior to a special election
to fill a vacancy if more than two candidates file.
2.06.04 Reguires the Council to appoint a non-candidate if the
vacancy occurs after filings are closed but before
October 1 of the fourth year of the term.
2.06.05 Provides for the winner of the general election to assume
office immediately if the vacancy occurs on or after
October 1 of the fourth year of the term.
2.06.06 Provides for the Councilmember-at-Large to serve as Mayor
during a vacancy in that office.
2.06.07 & Provides for restoration of the Council in case the
2.06.08 membership of the Council is reduced to two or less, for
example in the case of a catastrophe or multiple
resignations.
2.07 Deletes obsalete language from the original charter.
4.04 Clarifies the fact that special elections to fill a
vacancy on the Council are governed by section 2.06.
Attachments
c: Charter Commissioners
:
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04
OF THE 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:
CHAPTER 2
. .. ..
CITY COUNCIL ORGANIZATION
Section 2.01 COUNCIL-MANAGER PLAN IMPLEMENTATION
l. The form of government established by this Charter shall be
known as the "Council-Manager Plan.-" pursuant to Minnesota
Statutes.
COMMENT: CLARIFIES THE SOIIRCE OF THE ��COIINCIL-MANAGER PLAN."
�. All discretionary powers of the City, both legislative and
executive, shall vest in and be exercised by the City Council.
It shall have complete control over the City administration,
but shall exercise this control exclusively through the City
Manager and shall not itself attempt to perform any
administrative �l� duties.
r �
3. The Council shall i-�e-���, �-a �`��" perform the duties and
exercise the powers of all �eea� Citv boards and commissions
except as � otherwise provided bv statute or by this
charter. It may��e�e� by ordinance create commissions
with advisory powers to investigate any subject of interest
to the municipality.
4. The Council shall have power to make investigations into the
City's affairs, to subpoena witnesses, administer oaths, and
compel the production of books, papers and other
evidence. The Council may at any time provide for an
examination or audit of the accounts of any office or
department of the City government, or it may cause to be made
any survey or research study of any problem affecting the City
or its inhabitants. Each such investigation shall be
authorized by resolution of the Council.
COMMENT: MOVED FROM PRESENT SECTION 2.08.01. EXPANDS THE ABILITY
OF THB COIINCIL TO REQIIIRE PRODIICTION OF NONDOCIIMENTARY
EVIDENCE.
2C
5. Any member of the Council may request in writing any specific
information relating to any department via the City Manager.
The City Manager shall respond in writing within a reasonable
period of time. (Ref. Ord. 592)
COMMENTs MOVED FROM PRESENT BECTION 2.08.02.
6. Except for the purpose of inquiry, the Council and its members
shall deal with and control the administrative services solely
through the City Manager, and neither the Council nor any
member thereof shall give orders to any of the subordinates
of the City Manager, either publicly or privately.
COMMENT: MOVED FROM PRESBNT SLCTION 2.09
Section 2.83'02. ELECTIVE OFFICERS
1. The Council shall be composed of a Mayor and four (4)
Councilmembers who shall be eligible voters.
2. The Mayor shall be elected at large � in each United States
presidential election year to a ,
L 7 L ,a • 7 n c^r L... t 1 L..� . r... �
�f���-�iE-�la9�-��ez '�6�z-r� ��a-�rn-n��r-9aurr-A �-�
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1 " i
�9�-P-t�%�e�i°-t�i�lae�f�� �
i��a�e�-s'� ��'=�e-e�ee�ed-€e�-a term of four ( 4) years .
�3. One (1) Gouncilmember shall be elected at large in each United
States presidential election vear to €e�-�a�-t-��a-e�t-�i�ee--{-3�
Y" E��� rn, } } }� .� } } }� r ' +- �zz�Auir�Eiit�9 Eii°�'&� r .. ... ,., a ...�
�' ,.
i
-�?-}-�cz-�9 1�2i�-li%1-i3�-���Etzn--mi�8'' 'riuri =s��. �9ziTl�O-r•• a � ••
. '
l L F n.....�...... M..l 1 L...
�r@��EE�—�9 �i@---9f�t��v�t:var�r�Ca�cz—ic�-i���9z:urr-Ac
e�e��ee�€s� a term of four (4) years.
3-4. Three (3) Councilmembers shall be elected =e���s-ez-��e
in each Minnesota gubernatorial election year
from three 3 se arate Wards of The Cit —as a-��-��'`��'
( ) P Y. ---�-------
� e-�-e�—e���e}�-t-����t-�ie—�i�s���-1-�e�--€e���d-�€e :--�-
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�e��nte�e�€e�3-�-€�e�-a-e�r
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E�E'��@�—�.rn—i`-'rS'-r �—���t—€9�-�E1�3tt9-6��t� ` µ •.• .
�9#�t�ii�l�i� tH--'�Zi�j�Es3�`�'{..q � n ----a = - = F - -- a.t' - - �i.. .. ri...
- i <
�l � �.. a. ao' � n _T�YIP1fl�iP �••« r.�..,..a � ,,.a
�__.� r,.� .,....... .».�.�..�..,. ...... ,.«�.�,..... ..._ __-___ --- ------- - -----
�vurc�r��inti'ncr-�e3'��.? a' i.• �� ',. ..� ••�'""zz�sv�c2riu t0 t@Y'fiS
of four (4) years each,
e=a�e�-�€e�t-�-� e�ea�£� ,
e ` " � l�ii�cr-�9iQ--��-L°�--�i-9rl'tu'zz�9--@-��$''�`rv•.• } ,• _ a
2D
COMMENTB: SECTION3 2.03.04 AND 2.03.05 MOVED TO NEW SECTION 2.04.
Fr-:-S. The term of Mayor and of each Councilmember shall begin on the
first e-€€�-�ia3—��rsi�es� day =� L'�� -���-� of January following
their election to office and shall end on December 31 of the
last year of the term. The incumbent may remain in office
until �re�r a successor has been duly-�-�-'�-�n��rs qualified
and accepts the office. The first order of business at the
first official Council meeting in each January that iollows
an election year shall be the swearing in of the newly elected
members of the Council.
COMMENT: CIiANGEB THE TIMES WHEN TERMS BEGIN AND END.
6. The Council shall be the judge of the election of its members.
COMMENT: SECTION3 2.03.07 AND 2.03.08 MOVED TO NEW SECTION 2.04.
SECTION 2.04 1tiIOVED TO NEA SECTION 2.05.
SECTION 2.05 MOVED TO NEW SECTION 2.06.
Section 2.6603 THE MAY0�2
1. The Mayor shall be the presiding officer of the Council,
except that a mayor pro tem shall be chosen from the-
remaininq Councilmembers to '��'a ��F��- serve at the pleasure
of the Council, who shall act as Mayor in case of the Mayor's
temporary disability or absence from the City.
COMMENT: CORRECTS THE TITLE OF THE MAYOR PRO TEM AND SPECIFIEB
THAT THE APPOINTMENT I3 ONLY FOR THE TEMPORARY AB3ENCE
OR DISABILITY OF THE MAYOR.
2. The Mayor shall vote as a member of the Council.
3. The Mayor shall exercise all powers and perform all duties
conferred and imposed by this Charter, the ordinances of the
City and the laws of the State.
4. The Mayor shall be recognized as the official head of the City
for all ceremonial purposes, by the courts for the purpose of
serving civil process, and by the Governor for the purposes
of martial law.
COMMENT: THE FOLLOWING SENTENCE IN 2.06 MOVED TO NEW 2.01.07.
5. At the direction of the Council �the Mayor shall study the
operations of the City government and shall report to the
Council any neglect, dereliction of duty, or waste on the part
of any officer or department of the City.
6. In time of public danger or emergency the Mayor may, -•"-'� '-�^
�r}e}i�s ce�se�r� take command of the police, maintain order
and enforce the law. Council consent shall be obtained when
practicable.
2E
COMMENT: REVISED TO ALLOW MAYOR TO TARE CONTROL IN TIME OF
EMERGENCY WITHOIIT FIRST HAVING TO SEER COIINCIL APPROVAL.
Section 2.04 WARD COUNCILMEMBERS
1. The City is divided into three
(3) separate election Wards designated as °-'�T- Ward 1,
Ward 2, and Ward 3.
- - - - •- - - - -- - - -- ----- ---
- - _.��_�_. - - _ - -
e�i���e��T��
tr.=i-s:�s -
COMMENT: REVISED FROM PRE$ENT SECTION 2.03.04
2. �re A Ward Councilmember �r����-r�'� ��a must be a
resident of such ward_ ���e�gi-�r�e � ' a�+=� �:G����
�. , , @-�i3,E$R�`-i A�liE-6€��G ��`r-"avarx�r'rn�' @si��rrr�^vii�==� =•-''
�vcrr��-�3ia6iT��Ec���.,..�_��_'�.� a u...,....a�...f@3 a.,... ,., i.ti...
�. '
�e3�tt-��9€�t��9`' "riui-'rzr�'�-
. If the Ward Councilmember ceases to be
a resident of the ward then that office_shall be declared
vacant However a change in ward boundaries during the term
of office shall not discrualify the Councilmember from
completing the term.
COMMENT: REVISED FROM PRESENT SECTION 2.03.05.
3. The boundaries of the three (3) wards shall be redetermined
from time to time by ordinances duly adopted by the Council,
and based on the findings of the Council that the wards so
redetermined are such that the population of any ward shall
not deviate by more than three.percent (3%) from the average
of the three (3) wards.
COMMENT: MOVED FROM PRESENT SECTION 2.03.07
4. After each decennial census of the United States, the Council
shall redetermine ward boundaries. This redetermination of
ward boundaries shall be accomplished within the deadlines
established by Minnesota law If no deadlines are established
by law then redistricting must be completed no l.ess than one
hundred (100) days prior to the legally determined date of the
municipal primary of the year ending in the digit two ( 2)�e�
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rr-�'ra-c6i3i3� v a9-�A-crr =auij.
i"nt-�r9iQ-��-�E'a �. • i a. ti. .. �-i°L�9-9 : } � a, . � . a ,., i. .. _..... � .,. ,., a
'�cuc �.Giu�iaa�
� ' eel—� If further redistrictinq is
necessary, as determined by the Council, the adoption of the
2F
new boundaries shall be �rohibited during the time period from
ninety (90) days before a primarv election up to and includinct
the day of the general election in the same year. Anv
prohibitions stated in the Minnesota state statutes pertaininq
to the adoption of the new boundaries shall also apply.
COMMENT: MOVED FROM PRESENT SECTION 2.03.08
Section 2.8-�- 05. DISQUALIFICATION FOR APPOINTIVE OFFICE
No incumbent member of the Council shall be appointed acting or
permanent City Manager, nor shall any member hold any other paid
municipal office or employment under the City; and �n�—�n?�
no
former member shall be appointed to any paid office or employment
under the City until one (1) year after leaving office.
COMMENT: THIS CLARIFIES THE DISQIIALIFICATION3 OF CITY
COUNCILMEMBER3 FROM BEING EMPLOYED BY THE CITY.
Section 2.8�06 VACANCIES IN THE COUNCIL
1. A vacancy in the Council shall be deemed to exist in case of
the failure of any person elected thereto to qualify on or
before the date of the second regular meeting o� the new
Council, or by reason of the death, resignation, removal from
office, removal from the City, removal of a ward councilmember
from that ward, continuous absence from the City for more than
three (3) months, or conviction of a felony of any such person
whether before or after their qualification, or by reason of
the failure of any councilmember without good cause to perform
any of the duties of inembership in the Council for a period
of three (3) months. In each such case, within thirty (30)
days the Council shall by resolution declare s�� a vacancy
a i.. .. i i � i... .��-►• _
to exist_ �-s��€e��: (Ref. Ord. )
2. If a vacancy is declared to occur before filings for the next
election of the office in question are closed, the Council
shall call a special election to be held not less than €-a��-
€��}- thirty (30) days nor more than sixty-five (fi-665)
days from the time such vacancy is declared.. The Council
shall desictnate a period of eight (8) to twelve (12)
consecutive workinc� days for the purpose of filinq nomination
petitions in accordance with Section 4.06. (Ref. Ord. )
3. In the case of a special election to fill the vacancy, �ke��
� . the
procedure provided in Section 4.03 Primary Elections, and
Section 4.04, Special Elections, shall be followed except for
the scheduling of election dates, which must be within the
time frame specified here,_ The winner of said election shall
be qualified and take office immediately upon certification
2G
by the board of canvass and shall fill the unexpired term.
(Ref. Ord. 857, Ord. )
z?___, �r c � i. • ��rs ._ L......�. • r _
_ � i.. a e,�_r���,p� i.. ... ...u. ��
�..�...� • ' ^ana m'� j � _'1
Gy"y�.y ✓' GTrG�IL1111111y a� �
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G iGliJ
��'zraiT�3999��19
. i • � •
4. If the vacancy is declared to occur in the fourth vear of the
term of office after filincts for the office in auestion are
maioritv vote a aualified citizen, who has not filed for anv
municipal office in the aeneral election in auestion. The
appointee shall assume the office immediatelv and complete the
unexpired term. (Ref. Ord. )
5. If the vacancy is declared to occur on or after October_1 of
the winner of the cteneral election cannot take office due to
reasons indicated in Section 2.�6.01 above, the Council shall
declare a vacancv and order a special election as brovided for
in Sections 2 06 02 and 2 06 03 above The person so elected
shall serve out anY of the remainder of the unexnired term as
well as the full four vear term. (Ref. Ord. )
6. If the Mayor's position is declared vacant, the Councilmember-
at-Large shall serve as Mavor until the vacancv is filled.
(Ref. Ord. )
7. If at any time the membership of the Council is reduced to
8.
2 06 02, and 2 06 03 above to bring the membership of the
council up to five {5). (Ref. Special Election 3/25/75, Ord.
776, Ord. 857, Ord. )
of the City of Fridley lie shall order such an election._
(Ref. Ord. )
2H
Section 2.07 5ALARIES AND EXPENSES
The Mayor and each Councilmember shall receive ��_`� j�=�= reasonable
remuneration or salary, the annual amount and payment of which
shall be prescribed by ordinance duly adopted on or before November
ist of the year preceding payment of the same . "�'- �,_'-`�� °' -��'-
,
Ee�e��—s�a3-�—�ee�e �o�e—s�te�—s�r
When authorized by the Council, its members shall be remunerated
for their reasonable expenses incurred in connection with the
City's business. The City Manager and all subordinate officers and
employees of the CIty shall receive such reasonable compensation
as may be fixed by the Council.
COMMENT: SECTION 2.08 MOVED TO NEW SECTIONS 2.01.04 AND 2.01.05.
COMMENT: SECTION 2.09 MOVED TO NEA SECTION 2.01.06
CHAPTER 4
NOMINATIONS AND ELECTIONS
Section 4.04 SPECIAL ELECTIONS.
The Council may by resolution order a special election, fix
the time of holding the same, and provide all means for
holding such special election, provided that three (3) weeks'
published notice shall be given of said special election. The
procedure at such elections shall conform as nearly as
possible to that herein provided for other municipal
elections. Sx�ecial elections for vacancies in the Citv
Council shall be held in accordance with the provisions of
Section 2.06. (Ref. Ord. ) _
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
WILLIAM J. NEE - MAYOR
First Reading: February 22, 1994
Second Reading:
2�
TO:
FROM:
SUBJECT:
DATE:
WILLIAM F. BIIRN$,
RICHARD D. PRIBYL,
WILLIAM A. CHAMPA,
CITY MANAGER � �
�
FINANCE DIRECTOR
CITY CLERR
MINNESOTA LAWFIIL GAMBLING PREMISE PERMIT APPLICATION
FOR EPILEPSY FOIINDATION OF MINN.
JUNE 3, 1994
Attached is a resolution approving the application for a Minnesota
Lawful Gambling Premise Permit for the Epilepsy Foundation of Minn.
at Sandee's, 6490 Central Avenue Northeast.
Sandee's once again has become available as a charitable gambling
site as of May 28, 1994 when World Association of Alcoholic
Beverage Industries (WAABI) discontinued its charitable gambling
activities there.
Minnesota State Statutes requires the adoption of a resolution
approving or denying any type of gambling permit.
m
RESOLUTION N0. 8 - 1994
RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA
LAWFUL GAMBLING PREMISE PERMIT TO EPILEPSY FOUNDATION
OF MINN.
WHEREAS, the City of Fridley has been served with a copy of a Premises Permit
Application for a Minnesota Lawful Gambling Premise Permit for the Epilepsy
Foundation of Minn.; and
WHEREAS, the location of the Premise Permit is for Sandee's, 6490 Central Avenue
Northeast; and
WHEREAS, the City of Fridley has not found any reason to restrict the location
for the charitable gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley
approves the Minnesota Lawful Gambling Premise Permit to the Epilepsy Foundation
of Minn.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
, 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
3A
WILLIAM J. NEE - MAYOR
1G214
n�+�
Minnesota Lawful Gambiing
Premises Permit Application - Part 1 of 2
� Renewal
Organization base license �umber
/ Premises pertnit number
n. � New
`%° �
Name of
� FOR BOARD USE ONLY
BASE #
PP #
FEE
CHECK
iN ITIALS
DATE
Class of premises pertnit
(check one)
❑ A(S40U) Puit-tabs, tipboards, paddfewheels, raffles, bingo
i
[L]..-$'($250j PuB-tabs. tipboards. paddlewheels, raffles
❑ C ($200j Bingo oniy
❑ U ($150) Raf(les o�ly
If applying for a class A or C peimit, IIIl in days and beginning & ending hours of bingo occasions:
No more than seven bingo occasions may be conducted by your Qrganization per week.
Day Beginning/Ending Hours Day Begituung/Ending Hours Day Beginning /Ending Hours
to � �
t,o
tn
to �
If biago � not be condncted. check, hcre ���
.n�a�n��cra n��a�c yariw�u�y wm cx. coflouGl60 J-VC6L ��S (f10�1`. ��$ pp� (� P bOX fll�l�
.�� (c''yC� G� ,l �; �
Is fhe prertuses located within dry fanits? �s O No If no, is mwrtsf�ip anized tx► anized
p ag p org p unincorporated
Ciry and Counry where gambCu�g premises is located OR T°�"�hip �d CouMy where gamb�ing premises is bcated if outside of ary Gmiis
��! l� L!�= i-� � 1��t 1U 0 K r�
Name and address of legal owner of premises Gry �� � p y� v g�� Zp ,��
�_fl_(1'1 ��.l i��`liC/2 lRl.{��i �O'��0 eev►�2�-1 �� r� n� � �3oZ
Does your orgarnza n own the ng where the gamWa�g wdl be oonducted? p YES �O
If no, attach the foUowing:
' a copy of the lease (form LC202) with ierms for at least oae year.
• a copy of a sketch of the floor pl� with dmensions, showing what portion is being leased.
A lease and sketch are not required �or Ctass D appGcationa
.
�
7S
Minnesota LaivJul Gambling
Premise Perin�tt Application - Part 2 of 2
, .. : _ _ _ _ _ :,.
.: ' �. . : ::. . .. - •., � � � :
Gdmliltnq Bctnk Account:� �ornta.tto�R. .. _ _ .... .. .... u.. h. ..' ...... . ..`.. ... .. ::
8ank Name "_ � -1 Bank Account Number
� (' ►1 Cl i r"� C.'� _
- Addtess :'1Jl p I S
� �lC� � i� �U r � � .� n 1 /-I, �v � �;
1 i nlr�p ( 1 )�r�,�!i=l� -:��.-���,����nm;-�- �-��;� :�l- {J4t�l_ - �� ��� �) •
Gambling Site Authorizatian •1 am the chiei executive officec of the orc�an¢ation; '
I hereby consent that local law enforcement officers, the •1 assume ful{ responsibility for the fair and lawful opera-
board or agerrts of the board, or the commissioner of tion of all activities to be conduded;
revenue or public satety, or agenTs of the commissioners, .� will fam7iarize myself with the laws of Mnnesota
may enter the premises to enforce the law. goveming lawful gambling and rules of the board and
Bank Records Information agree, � Gcensed, to abide by those laws and rules.
The board is authorized to inspect the bank �ecords of the including amendme�ts to them;
gambling account whenever necessary to fulfill •any changes in appl'icafwn information will be submitted
requirements of cuRent gambling rules and faw. ��g �a� �d local unii of govemmeM within 10 days
Oath of the change; and
I declare that: •I understand that failure to provide requir�ed information
-! have read this applicaiion and all informafion submitted or providing false or misleading infotmation may resuft in
to the board is true, accurate and complete; the denial or revocation of the license.
•all other required information has been fully disdosed; •
Sianaiure of chief executive ofificer Date
1. The ciry'must sign this application 'rf the gambling prem-
�ses is bcated within city limits.
2. The oounty "AND towRShip•' musi sign this application iF
the gambling premises is located with+n a township.
3. The local unit government (city or county) must pass a
resolution specificai(y approving or denying this application.
City` or Cou.
City or County Name
Signature of person receiving applica0on
�-�-9y
4. A copy of the bcal unit of aovernme�Ys resolution ao-
�roving�his aQ�lication must be attached to this a�uGcation
5. If this appl'icafwn is denied by the bcal unit of govemment;
it shoutd not be submitted to the Gambfing Control 8oard.
Township: By signature bebw, the township adcnowledges
that the organization is applying for a premises permit within
township limits.
Township Name
Signawre of person receiving appl-icatiort
Title I Date Fieceived � Titte I Date Received
Refer to the instruci'�ons for �equired aitachments.
Mail to: Gambling Conirot Board
Rosewood Plaza Soutfi, 3rd Floor
1711 W. County Road B
Roseville, MN 55113
:`l�
LG214(Part 2)
(Rev7l29�97)
i�/�
r � �
TEL (612) 571-2140
.�
��naer's t��fe & +��r
Famous for Chicken
. S1tJCE 1937
GARY ANO CINDY BRAAM
6490 CENTRAL AVENUE, N.E FRIDLEY, MINNESOTA 55432
June 2, 1994
City of Fridley:
As of May 28th 1994 the World Assoc. of Alcoholic Beverages
will no longer be selling pull tabs at Sandee's Restaurant.
3D
Gary Braam
Sandee's Restaurant
CITY OF FRIDLEY
PLANNING COMMISSION MEETING, MAY 18, 1994
______________.___________________________________________________
CALL TO ORDER•
Chairperson Newman called the May 18, 1994, Planning Commission
meeting to order at 7:30 p.m.
ROLL CALL•
Members Present: Dave Newman, Dean Saba, Diane Savage,
LeRoy Oquist, Connie Modig, Brad Sielaff
Members Absent: Dave Kondrick
Others Present: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Paul Harstad, Harstad Companies
Forrest Harstad, Twin City Townhomes
Tedd Mattke, Mattke Engineering
Ed Dropps, Cypress Development
See attached list
APPROVAL OF MAY 4. 1994, PLANNING COMMISSION MINUTES:
MOTION by Mr. Oquist, seconded by Mr. Saba, to approve the May 4,
1994, Planning Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOIISLY.
1. PUBLIC HEARING: CONSIDERATION OF A WETLAND REPLACEMENT PLAN,
WR #94-01, BY PAUL HARSTAD:
Per Section 205.27 of the Fridley City Code, to allow the
filling of a wetland for construction of a single family
dwelling on Lot 6, Block 2, Innsbruck North 2nd Addition,
generally located at 5470 and 5490 East Danube Road N.E.
MOTION by Ms. Savage, seconded by Mr. Sielaff, to waive the reading
of the public hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M.
Ms. McPherson stated the subject parcels are generally located near
the intersection of East and West Danube Roads, east of Matterhorn
Drive, and south of North Innsbruck Drive. This request comes as
a result of two actions--one at the state level.and one at the
local level. In 1991, the State Legislature passed the 1991
Wetland Conservation Act (WCA). This Act is an attempt to limit
the loss of wetlands to no net loss. The City adopted the O-4
�
PLANNING COMMISSION MEETING, MAY 18. 1994 PAGE 2
Overlay District which is the Wetland Preservation District. This
basically put the State Statute into a working document that the
City can use to enforce the State Statute passed in 1991.
Ms. McPherson stated the petitioner is requesting that this
replacement plan be approved to allow the filling of 2,800 square
feet.of Type 4 wetland. The replacement plan proposes to create
2,500 square feet of Type 4 wetland.
Ms. McPherson stated the petitioner has also applied for variances
which will be heard by the Appeals Commission on May 24, 1994.
Ms. McPherson stated the subject parcels are zoned R-1, Single
Family Dwelling, as are the surrounding parcels. This particular
subject parcel has had a lengthy history regarding to the wetlands
located on .it. The earliest documentation was in 1973 in which
the property owner in developing the area requested that the
assessments for water main, sanitary sewer, and street construction
be reduced on these particular lots due to the fact that they
might not be buildable due to the presence of wetlands.
Ms. McPherson stated that in 197�, the DNR declared that the
wetlands located on these parcels and other parcels in the
Innsbruck area would fall under the DNR's jurisdiction and would
require permits from the DNR prior to development.
Ms. McPherson stated the remainder of the documentation occurred
in the late 1970s, predominately in 1977 and 1978. In 1986, the
City issued a land alteration permit to Hearthstone Homes to fill
the properties from the front property. lines to the drainage
easement located 20 and 40 feet from the westerly lot lines. In
reviewing the plans submitted by the petitioner, staff determined
that the filling did not occur to the extent that would have been
permitted under that land alteration permit. That land.alteration
permit expired on December 31, 1986, and the City has not issued
any subsequent land alteration permits.
Ms. McPherson stated staff reviewed the aerial photos located at
the Municipal Center. In 1977, the aerial photo showed that an
extensive Type 3 or 4 wetland was located on both 5470 and 5490
East Danube. The 1981 aerial showed that filling had occurred on
a small portion of the wetland on Lot 5 which is the northerly lot,
and in 1985, no further filling as compared to 1981 had occurred.
Ms. McPherson stated that in 1993, staff inet with the petitioner
on site as a result from a complaint from a neighbor. The
petitioner was informed at that time that he would need to comply
with the 1991 Wetland Conservation Act prior to the issuance of a
building permit.
Ms. McPherson stated the petitioner is proposing to fill the lots
in order to construct single family dwellings on both Lot 5, 5490
East Danube Road, which was filled previously, and Lot 6, 5470 East
Danube Road. Lot 6 will receive the most impact for the wetlands.
� �
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 3
Ms. McPherson stated the petitioner has submitted a Wetland
Delineation Plan as well as a Wetland Reglacement Plan.
Ms . McPherson stated a Type 4 wetland is located on the subj ect
parcel. Wetlands of this particular type are characterized by open
water with a depth of 2-3 feet. Vegetation associated with this
wetland includes cottonwood, black willow, dogwood, reed canary
grass, and pinkweed. This wetland is also part of an overall
drainage system for the neighborhood.
Ms. McPherson stated staff has determined that the subwatershed is
defined by Matterhorn Drive on the west, Gardena Avenue on the
north, and I-694 on the south. Water flows west from the wetland
west of West Danube Road, under West Danube into the subject
wetland, and out of the wetland under East Danube Road into Farr
Lake. In addition, Farr Lake also receives storm water from Black
Forrest Condominiums and the North Innsbruck Townhomes.
Ms. McPherson stated that in the petitioner's wetland replacement
plan, staff reviewed the requirements of the O-4 Wetland Overlay
District which has been adopted by the City and which includes the
requirements of the State Statute. The petitioner is missing eight
items which are required as part of the submission of the wetland
replacement plan for the impacted wetland:
l. Wetland location with a public land survey coordinate of
the wetland center
2. The overall size of the wetland including that portion
not on the subject parcel
3. The wetland type as defined by USFW Circular 39 and
National Wetland Inventory mapping conventions
4. A soils map or soils information provided by soil borings
5. The size of the watershed draining into the wetland area
6. Location of inlets and outlets
7. A map or written description of the land use within one
mile of the watershed
8. Evidence of ownership
Ms. McPherson stated staff inet with the Rice Creek Watershed
Administrator, Kate Drewry, on the site on May 10, 1994. They were
able to speak with one of the neighbors at that time. The
Administrator supplied staff with a second delineation plan that
had been submitted by the petitioner in April 1993. The two
delineations did not match; and on May 11, 1994, staff conferred
with the City's consultant, Peterson Environmental Consulting to
do a visual site visit of the subject parcel to determine if the
. -
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 4
delineation submitted by the petitioner is accurate. The
consultant confirmed that the delineation submitted by the
petitioner is accurate and would be acceptable as far as the
Statute and ordinance.
Ms. McPherson stated staff reviewed the sequencing requirements of
the wetland ordinance. Any developer wishing to fill or drain a
wetland needs to go through five steps to minimize or avoid impact
to wetlands. The petitioner did provide three alternatives which
would avoid impact to the wetland:
l.
2.
�
Choose not to build on Lot 6.
Construct a home on pilings on Lot 6.
Build a smaller home on Lot 6.
Ms. McPherson stated the petitioner dismissed the first alternative
using the "takings" argument that he would not receive the economic
return he intended to receive when he first purchased the property.
The petitioner also indicated that there is an exemption in the
State .Statute which applies to platted properties which have
improvements and/or infrastructure installed or having local site
plan approval, conditional use permits, or similar official
approval by a governing body or government agency.
Ms. McPherson stated that while this particular parcel does have
utilities stubbed to it and there is infrastructure which would
serve this particular lot, the petitioner did not apply for a
building permit or land alteration permit within the window that
is permitted in the State Statute which is from �uly 1, 1986, to
January 1, 1992. Staff is reluctant to extend this window outside
the five year window defined in the Statute.
Ms. McPherson stated the Board of Water and Soil Resources (BWSR),
the state agency that wrote the rules for the State Statute, would
have the regulatory authority to make the interpretation that this
parcel would be exempt from the State Statute based on that
particular exemption. Staff is taking the stand that the exemption
does not apply to this parcel.
Ms. McPherson stated the second alternative the petitioner
presented was to construct a dwelling on pilings. The petitioner
stated this would be a cost-prohibitive alternative and is not an
accepted way of constructing a dwelling unit. The petitioner did
not submit expert testimony from a structural engineer to support
the statements he made. The petitioner should submit such
information from a professional to support his argument.
Ms. McPherson stated that in the third alternative, the petitioner
stated that a smaller house would not fit into this particular
neighborhood nor would it meet the City's minimum house size
requirements of 1,020 square feet. The petitioner stated that a
house size small enough to meet the setback requirements and to
4C
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 5
avoid all wetland impacts would need to be 15 feet by 45 feet. The
petitioner is correct that the house would not meet the minimum
dwelling size; however, if a front yard variance was granted by the
City, the petitioner could construct a house pad of 30 feet by 50
feet which would eliminate most impact to the wetland and would
allow the petitioner to possibly fall under the 400 square foot
exemption which is in the Statute and the ordinance.
Ms. McPherson stated the petitioner also did not explore the use
of retaining walls to reduce the amount of fill needed around the
dwelling unit along the rear and side walls.
Ms. McPherson stated that in terms of the wetland replacement plan,
the last item staff reviewed was the information submitted and the
replacement ratio proposed by the petitioner. The State Statute
and the local ordinance require that replacement be at a minimum
rate of two acres created wetland for every one acre of wetland
which is impacted. The petitioner is proposing a wetland
replacement rate of less than 1:1 if no setback variances were.
granted by the City. If the setback variance is granted by, the .
City, the petitioner could meet the 1:1 ratio. of one acre of
wetland created for every one acre impacted.
Ms. McPherson stated the petitioner also did not submit
approximately eleven items which are required as part of
identifying the replacement of wetland and also the monitoring plan
which is required to monitor the created wetland for a five year
period after the wetland is created.
Ms. McPherson stated that as the petitioner cannot meet the 2:1
ratio, the City cannot approve the replacement plan as the State
Statute and the local ordinance require a minimum replacement ratio
of 2:1. '
Ms. McPherson stated staff recommends that.the Planning Commission
recommend denial of the replacement plan as it is proposed based
on two findings of fact:
1. Feasible and prudent alternatives exist which avoid
impacts to the wetlands (Section 205.27.05.D.(3)).
2. The proposed replacement ratio is less than the 2:1 ratio
required by Statute and local ordinance (Section
205.27.10.D).
Mr. Sielaff stated that the Environmental Quality and Energy
Commission reviewed this proposal at their meeting on May 17, 1994,
and passed a resolution agreeing with staff's recommendation and
stipulations.
Mr. lj`aul Harstad stated that he is representing Harstad Companies.
He stated this is primarily a procedural matter. They are well
aware that they have not met the very stringent requirements of the
Wet.land Conservation Act. They are asking for the Commission's
. �
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 6
denial, and then the next step will be to appeal that denial to the
State Board in the hope of receiving a very specific exemption in
the law. It is regarding the fact that utilities are stubbed to
the site, the lots are platted, etc.
Mr. Harstad stated that in the event that they do not receive that
exemption, they would then have to find feasible and prudent
alternatives as described by staff. If they determine that a
smaller house size as suggested by staff is not sufficient for
homes in this neighborhood, then they would challenge the law at
the state level.
Mr. Harstad stated that subsequent to the Wetland Replacement Plan,
he also sent a letter to Ms. McPherson dated April 29, 1994, in
which he requested a 15 foot setback variance for Lot 6 and a 10
foot setback variance for Lot 5. The purpose of this variance was
to minimize the impact to the wetland. He would still like to
proceed with the variance request. If they receive the variance
as requested, they would be reducing the fill area from 2,500
square feet to 1,900 square feet.
Mr. Harstad stated floor plans were submitted, along with the
Wetland Replacement Plan, one of which was designed in early 1986
that was to fit on Lot 5. The proposal by staff to build a two-
story house should be considered, but it would probably be a two-
story house without a basement, making it very difficult to sell
in Minnesota.
Mr. Newman stated he appreciated Mr. Harstad's candor as to his
intent for this request; but if Mr. Harstad needs to build a record
for his appeal to BWSR, he is invited to take advantage of that
opportunity and supplement whatever information he has already
given the Commission and those in the audience.
Mr. Harstad stated staff has stated that there are a number of
items that were not included in their Wetland Replacement Plan.
They are aware of that and are happy of the fact that the
Commission will deny the request because they are not meeting the
2:1 requirement. He would have a difficult time if the Commission
tabled this request until they were able to submit all those other
items. Some of those items are time-consuming and costly, and they
are not sure at this point that they will be required to submit
them prior to receiving a decision from BWSR. He stated he had no
further comments.
Mr. Bob Horeck, 5505 West Danube Road, stated he lives on Lot 9,
directly behind the stated lots. They built their house on this
lot in 1974. At that time, they were promised that Lots 5 and 6
were unbuildable and were going to be declared as wetlands and were
going to be left as wetlands. He stated they purchased this lot
because they wanted to live by the woods and they wanted privacy
which they have had for 20 years. They spent five years trying to
get Lots 5 and 6 declared as wetlands; and in 1991, they were
declared as wetlands. He stated nothing has really changed, except
4E
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 7
for the construction that was done by Harstad in 1992.
Approximately 20-25 truckloads of dirt were dumped primarily on Lot
5.
Mr. Horeck stated they have the lowest lot in the neighborhood.
The road on Lots 5 and 6 is roughly 10-15 feet higher than his back
yard. If those lots are filled in, all the drainage has to come
into his back yard. The soil is solid clay, and clay does not
absorb the moisture. Since the fill happened in 1992, they have
had water problems. They have to run their sump pump constantly
to keep water out of the basement. Right now, the water is almost
at the highest it has been in years. By fiiling the back yard of
Lot 6, it would greatly jeopardize their property, and it would be
in direct disagreement with all the things they have been told in
the past. Wetlands should not be declared anything but wetlands.
Mr. Horeck stated his recommendation is that the Planning
Commission not take any action or just table the discussion and
require Mr. Harstad to meet all the requirements. Quite frankly,
he would like to see this drag on for years.
Mr. Bryan Steppe, 5528 West Danube Road, stated these lots are
wetlands, and he is concerned about the drainage. Even if there
is some kind of wetland replacement, that doesn't mean the drainage
is going to work properly.
Ms. Sue Williams, 5568 West Danube Road, gave the Commission copies
of a letter she had written to Mr. Pete Fryer regarding further
development in this drainage area. She would like it included with
the record. She stated she purchased her lot in 1977 from Keith
and Diane Harstad. They told her that Lots 5 and 6 were wetlands.
Mr. Keith Harstad had to fill a little bit of the edge of the pond
to make her lot "buildable". Mr. Keith Harstad is responsible for
the level of her basement. He, along with the Fridley City
Engineer, assured her that the drainage areas of the pond were not
that big and that even with a 100 year rain, the water would not
come into her basement as long as the drainage area was maintained.
Ms. Williams stated her basement has already been jeopardized, and
filling Lot 6 will further seal her doom when the next 100 year
rain comes. She hoped the City would feel responsible if she sues
the City for a wet basement, because that is what she will do. She
will also get the names of everybody involved and make a civil suit
for everyone who makes such a decision. It is just criminal that
the Harstad Company appears to be able to do whatever they want to
do. The Harstads promised that these lots would remain wetlands,
and she is tired of all these broken promises. She would
appreciate it if the City would not let them do everything they
want to do anytime they want to do it.
Mr. Norman Nault, 5535 West Danube Road, stated that in 1992, the
Harstads did fill quite a bit in the lot behind him. Prior to that
t�me, they never had any water problems in the back yard. Two
weeks ago when there was a heavy rain, the water was about 10 feet
4F
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 8
from his walkout. The Harstads promised these lots were going to
be wetiands. The Harstads have not paid taxes on these lots,
because they were declared wetlands, and now they want to develop
them. The Harstads want a denial so they can appeal it, so they
can find a sympathetic body. And, if they get the variance, they
will not even have to fill Lot 6. Some unsuspecting soul will buy
a great house in a great neighborhood, and then later they will
realize the problems when they try to sell it.
Ms. Darlene Blank, 5544 East Danube Road, stated her family moved
here in August 1993. Their lot sits right on the wetland, which
is a home to all kinds of animals, ducks, birds, frogs, etc. They
wanted to live in a community that was like living in the outdoors.
Her youngest son is an avid hockey player and has enjoyed skating
on this wetland in the wintertime. She would hate to see this area
which is now being used by children and being appreciated by the
neighbors developed because someone wants to make a profit off�the
land.
Mr. Tom Fisher, 5477 East Danube Road, stated he lives directly
across East Danube Road from Lot 6. The Harstads received a.permit
to fill this lot in 1986. He stated that regarding the filling in
1992, he called the City at least twice and someone from the City
came out and he showed them wY�ere the fill was taking place. He
watched the trucks dump on that lot. He complained to.Mr. Harstad.
Subsequent to that, additional dumping was done so that they now
have mounds of dirt piled on the lot. He called the City again and
asked for someone to come out and look at the lot. He was told by
a City staff person that the Harstads could not overfill the lot.
and just leave piles of dirt there and that the piles would have
to be removed. He stated nothing has been removed, and the piles
of dirt are overgrown with weeds. He would like to know who gave
the Harstads permission to fill in 1992. If no one did, then
should the Commission be listening to representation from Mr.
Harstad?
Mr. Fisher stated the people represented at the meeting were told
by Mr. Keith Harstad that these lots were wetlands and would never
be built on. He purchased his lot from a previous owner and built
his house in 1977 after being assured by Mr. Harstad that the lots
across the street would always be wetlands and were unbuildable.
It is hard for the neighbors to believe that the Harstads are being
harmed when the neighbors were told by the Harstads that they did
not plan to build on these lots.
Mr. Fisher reviewed the drainage from the wetlands under East
Danube Road between his house and the house to the north to Farr
Lake. The outlet does not outlet into Farr Lake. Surrounding Farr
Lake is a walking path. The outlet is about 15-20 feet short of
the walking path which makes the water dump into his back yard.
He built a berm around his back yard so there is a kind of wetland
area that surrounds his back yard and fills up from this pond.
When it fills sufficiently, the water begins to dribble across the
path into Farr Lake. The problem is that in a 100 year rain or
4G
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 9
even before that, Farr Lake does not drain out as fast as it drains
in, and the water starts backing up into his back yard. If the
pond is made smaller and even if they let it drain, all he is going
to get is more water in his back yard. And, if Farr Lake is not
draining, then he has a serious water problem.
Mr. Fisher stated that prior to 1992, he had a sump in his basement
with no pump and never had any wa�er in the sump. Since the fill
was dumped in 1992, he has to take bucketloads of water out of his
sump all the time. He can only see more problems if more fill is
allowed in this area.
Mr. Fisher stated he is asking the Planning Commission and the City
Council to consider one other serious point. Do they make good Mr.
Harstad's expectation that he can build on this lot to the
detriment of all the neighbors surrounding the property, or do they
consider the citizens who live here and had certain representations
made to them by the Harstads? Who has the rights here, and where
are the City's liabilities? It may be a catch-22 for the City, but
he believed the City has some liabilities they need to seriously
consider.
Mr. Newman asked Mr. Fisher to check his notes to see if he could
find the name of the City staff person he talked to in 1992 and
notify Ms. McPherson.
Mr. Fisher submitted a letter dated May 18, 1994, which he wrote
to the Planning Commission which reiterated some of tYie things he
has been talking about.
Mr. Roman Zawnirowycz, 5527 East Danube Road, stated. he lives
across from Lot 5. He moved there in 1986, and he has not had any
contact with any of the Harstads. Within a year of 1986, a large
area in Lot 5 was dug out as if a house was going up, and then the
entire area was filled in. Since that time, mounds of dirt have
been dumped on the lot. He submitted some photos for the record.
He stated this is a beautiful area, and all the neighbors want it
to remain that way. They are all concerned, not only about the
beauty of the area, but about the drainage problems which were not
really addressed in the staff report.
Mr. Zawnirowycz stated he also started having water problems in
his basement about 1992. He has records of people he has hired to
fix water drainage probiems. The drainage problems seem to come
from the overflow from the area across the road. When it rains
hard, the water level rises and floods all the back yards on his
side of the street where Farr Lake is located.
Ms. Pat Freeburg, 5557 East Danube Road, stated she also started
having water problems in her basement when the lot was:filled in
1992. Last week she had a tree replaced and when they dug down,
they could see water. Because of the fill in 1992, it diverted
the natural drainage and it is now coming under East Danube Road,
seeping through the lots.
4H
PLANNING COMMISSION MEETING MAY 18 1994 PAGE 10
Ms. Freeburg stated she is also concerned with setting up two
wetland areas that are smaller than the existing wetland. The area
now supports a certain amount of wildlife. If that wetland is cut
into two smaller wetlands, ignoring all drainage problems that
would be created, they will have defeated the purpose of having the
natural wetland area.
Mr. Boyd Herdendorf, 5467 East Danube Road, asked if the Department
of Natural Resources has done any evaluation of the effects of
filling wetlands on Farr Lake or if there are plans for such a
study. If not, he would suggest that a study be done. The w�tland
performs an important filtration system. If the wetlands are
filled in, the water will run directly into Farr Lake carrying
heavy sediment and debris that would come through any culvert
system and it would tend to pollute Farr Lake quicker. He believed
there might be some environmental impact on Farr Lake because of
this.
Mr. Norman Nault, 5535 West Danube Road, stated that if it appears
that Lot 6 was filled in 1992 with no permits from the City, can
some action be taken against the Harstads?
Ms. McPherson stated that if the City finds that filling was
conducted illegally, the City can require the person responsible
to remove the illegal fill.
Mr.. Bob Horeck, 5505 West Danube Road, stated that about four years
ago, he received a variance from the City to enlarge a deck on the
back of his house which brought it next to the culvert that runs
between Lots 5 and 6. The culvert actually comes out at the back
of his garage which is about 70-80 feet from the road and runs for
another 70 feet through the back yard as drainage into the pond.
When applying for the variance, he was informed by the City that
there would be no construction through the back involving the
culvert and it would remain that way. If any of Lot 5 and 6 is
filled further, it will require that the culvert that drains
between Lot 5 and Lot 6 over to Farr Lake be connected to the
culvert that goes across West Danube. Such construction would
require coming between him and his neighbor such that it would
require tearing down his deck.
Mr. Roger Hertel, 5501 West Danube Road, stated he did not
understand why a variance is even under consideration. The
Harstads have not been good neighbors. He built here in 1977 and
it was also represented to him that Lots 5 and 6 would remain
wetlands.
Mr. Newman stated that by ordinance and by law, any property owner
can make a petition to the City as long as the appropriate forms
are filled out and the fees paid.
Mr. Newman stated the people in the audience have made some very
useful observations and provided some very helpful information to
41
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 11
the Commission. He stated that regarding promises made to them by
the Harstad Company, the City has to be very careful in making its
decisions that it is not trying to enforce private agreements made
between private parties. While it is certainly useful information,
to the extent that there are claims by the buyers against the
Harstad Company because of certain representations, those concerns
might have to be addressed privately and not through the City.
Mr. Tom Fisher, 5477 East Danube Road, stated he believed these
comments are being offered as to the credibility of the person the
City is dealing with.
Ms. Darlene Blank, 5544 East Danube Road, stated she would like to
see this item tabled indefinitely until Mr. Harstad can get all the
required information.
MOTION by Mr. Saba, seconded by Ms. Savage, to receive into the
record the following: (1) Letter from Sue Williams dated June 3,
1993, to Mr. Pete Fryer; (2) Letter from C. Tom Fisher dated May
18, 1994, to the City of Fridley Planning Commission; and (3) 19
photos.
UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEAMAN DECLARED THE.
MOTION CARRIED IINANIMOIISLY.
MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION.CARRIED AND THE PUBLIC HEARING CL03ED AT 8:35 P.M.
Mr. Oquist asked what would happen if the Commission tables this
item and the petitioner then satisfies the eleven items that are
required.
Ms. McPherson stated the petitioner's application would then be
complete in terms of ineeting the separate requirements of the
requirements that need to be submitted for the wetland delineation
of the impacted wetlands, as well as the replacement plan and
replacement of wetlands and the monitoring plan which is a five
year plan which must be submitted by the petitioner.
Ms. McPherson stated that regarding the public's request to table
this item indefinitely, under State Statute and local ordinance,
the City must make a decision on this request within 60 days from
the date of public hearing publication in.the Focus News. That
publication date was May 10, 1994.
Mr. Sielaff stated that if BWSR grants an exemption, where does
that put the City as far as denial or approval.
Ms. McPherson stated that if BWSR grants an exemption from the
State Statute, Mr. Harstad would not have to replace any impacted
wetland. As far as the City is concerned, the petitioner would
4J
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 12
have to comply with the land alteration permits and get a permit
from the Rice Creek Watershed District. The City or the adjacent
property owners could appeal BWSR's decision (a petition of 100
names is required) to the District Court.
Ms. McPherson stated that under State Statute, any decision
regarding any wetland replacement plan is not enacted until 30 days
after the date the decision is published in the Environmental
Quality Board Monitor, and that decision is mailed to certain state
and local departments and anyone on the mailing list who requests
notification of said decision.
Ms. McPherson stated that any residents who want to be informed
about the action taken by BWSR should contact her and she will
forward that list to BWSR.
Mr. Oquist stated that City ordinance states that any development
cannot create any more water runoff after the development than
before the development. How does the ordinance affect this
request, because any fill is going to cause more runoff?
Ms. McPherson stated that portion of the ordinance would be
reviewed during the building permit application process.
Mr. Oquist
illegally
corrected,
further.
stated it sounds like the Harstads brought in fill
on Lot 5. Until that has been investigated and
Mr. Harstad should not be allowed to proceed any
Ms. McPherson stated the City does not have any formal record of
any application made for a land alteration permit for Lot 5. The
City received a complaint saying that there was filling on Lot 5.
When staff inet with the petitioner on site, there was not any
evidence of new fill being placed on the lot. At that time, the
petitioner was informed that he would need to comply with the 1991
Wetland Conservation Act. She stated she was one of the staff
members who visited the site in 1993 after receiving complaints
from a neighbor. At that time, she made a note to the Building
Inspection Department that no permits would be issued for these
particular parcels.
Mr. Saba stated that over many years, they have all learned a lot
about the quality of wetlands. He believed the ordinance the City
has adopted is a good one and will serve the City well . He would
like to see Wetland Replacement Plan, WR #94-01, strongly denied
based on the City's wetland ordinance and testimony received at
this meeting. He did not think tabling this request for two months
would accomplish anything.
MOTiON by Mr. Saba, seconded by Mr. Sielaff, to recommend
Council denial of Wetland Replacement Plan, WR #94-01,
Harstad based on the City's O-4 wetland regulations
following findings of fact:
4K
to City
by Paul
and the
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 13
1. Feasible and prudent alternatives exist which avoid
impacts to the wetlands (Section 205.27.05.D.(3)).
2. The proposed replacement ratio is less than the 2:1 ratio
required by Section 205.27.10.D.
3 The Wetland Replacement Plan application is incomplete.
Ms . Modig stated that in her opinion, the petitioner has set up
the Commission to deny this request, so that he can appeal and
override the City's decision. The neighborhood clearly does not
want this. She will only vote to table the request.
MOTION by Ms. Modig to table Wetland Replacement Plan, WR #94-01,
by Paul Harstad.
MOTION DIED FOR LACR OF A SECOND.
Mr. Oquist stated he agreed with Ms. Modig that they have been set
up. After hearing the neighborhood's testimony, he did not see
this company as a good neighbor. Unfortunately, the City's hands
are tied. If the Commission tables the request, they have to act
on it in 60 days, so their only option is to deny the request. He
stated the 1992 filling of Lot 5 has to be investigated and
addressed as there seems to be a real violation there.
Ms. Savage stated the Commission really has no other option but to
deny the request. Tabling the request is just delaying the
inevitable, and they have to let the process move forward. It is
pretty clear that an adequate record has been made, so they should
let the process take its course.
Mr. Saba stated that if the community is informed about the BWSR
hearing, he would encourage the neighbors to repeat their testimony
at that hearing.
A neighbor recommended that the City use the same mailing list of
residents within 350 feet to notify them of the BWSR hearing.
Mr: Sielaff stated the Commission needs to send a strong message
that the Commission supports the City's wetland ordinance. Tabling
the request might make the Commission look hesitant, and he did
not want anyone to have that perception at all.
Ms. Modig stated her motion to table the request was not to say
that she did not strongly support the wetiand ordinance. The
reason she made the motion to table was to try to make the
petitioner submit the 11 items missing from the wetland replacement
plan.
UPON A VOICE VOTE, MODIG VOTING NAY, CHAIRPER30N NEWMAN DECLARED
THE MOTION CARRIED.
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PLANNING COMMISSION MEETING MAY 18 1994 PAGE 14
Ms. McPherson stated this item will go to the City Council on June
20, 1994.
MOTION by Mr. Oquist, seconded by Ms. Modig, to ask City staff and
the City Council to investigate the improper filling of Lot 5 in
1992.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Newman stated staff has recommended that the next three public
hearings be consolidated into one to alleviate confusion during the
public discussion.
2. CONSIDERATION OF A PRELiMINARY PLAT, P.S. #94-04, BY FORREST
HARSTAD OF TWIN CITY TOWNHOMES:
To replat Lot 6, except the East 650 feet thereof and except
that part lying West of the Northeasterly right-of-way line
of the Outer Drive of the State Trunk Highway, Auditor's
Subdivision No, 25, Section 24, Township 30 North, Range 24
West, Anoka County, Minnesota, and Lot 7, except the East 650
feet thereof and except that part thereof lying West of the
Northeast right-of-way line of the Outer Drive of State Trunk
Highway and except the South 55 feet of the West 150 �eet of
the East 800 feet thereof, Auditor's Subdivision No. 25,
Section 24, Township 30 North, Range 24 West, Anoka County,
Minnesota, and Lot 8, except the east 800 feet thereof and
except that part thereof lying west of the Northeasterly
right-of-way line of the Outer Drive of State Trunk Highway,
Auditor's Subdivision No. 25. This property is generally
located at 971 Hillwind Road N.E.
3. CONSIDERATION OF A VACATION RE4UEST, SAV #94-02, BY FORREST
HARSTAD OF TWIN CITY TOWNHOMES:
Ta vacate that part of Lots 6, 7, and 8, all in Auditor's
Subdivision No. 25 and lying in the Southwest Quarter of the
Northeast Quarter of the Southwest Quarter of Section 24,
Township 30, Range 24, Anoka County, Minnesota described as
lying between the following described LINE 1 and a line 40.00
feet northeasterly of and parallel with the following
described LINE 3. LINE 1 is described as commencing at a
point on the east line of Section 24, Township 30 North, Range
24 West, distant 181.30 feet north of the southeast corner
thereof; thence run northwesterly at an angle of 78 degrees
39 minutes 45 seconds from said east section line (as measured
from north to west) a distance of 4081.10 feet; thence deflect
to the right at an angle of 90 degrees 00 minutes 00 seconds
a distance of 244.00 feet to the point of beginning of LINE
2 to be described; thence deflect to the left at an angle of
90 degrees 00 minutes 00 seconds a distance of 278.65 feet;
thence deflect to the right at an angle of 25 degrees 44
minutes 00 seconds a distance of 980.13 feet and said LINE 2
there terminating; thence continuing northeasterly from the
point of termination of said LINE 2 at an angle of 90 degrees
4M
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 15
00 minutes 00 seconds to said LINE 2 a distance of 35.00 feet
to the point of beginning of LINE 1 to be described; thence
southeasterly to a point distant 110.00 feet northeasterly of
(as measured at right angles) a point on said LINE 2 distant
550.31 feet northwesterly of its point of beginning; thence
southeasterly to a point distant 40.00 feet northeasterly of
(measured at right angles) a point on said LINE 2 distant
115.06 feet northwesterly of its point of beginning and said
LINE 1 there terminating. LINE 3 is described as commencing
at a point on the east line of Section 24, Township 30 North,
Range 24 West, distant 181.30 feet north of the southeast
corner thereof; thence run northwesterly at an angle of 78
degrees 39 minutes 45 seconds from said east section line (as
measured from north to west) a distance of 4081.10 feet;
thence deflect to the right at an angle of 90 degrees 00
minutes 00 seconds a distance of 244.00 feet to the point of
beginning of LINE 3 to be described; thence deflect to the
left at an angle of 90 degrees 00 minutes 00 seconds a
distance of 276.43 feet; thence deflect to the right at an
angle of 25 degrees 46 minutes 30 seconds a distance of 980.17
feet and said LINE 3 there terminating, generally located at
971 Hillwind Road N.E.
4. CONSIDERATION OF A REZONING REQUEST, ZOA #94-02. BY FORREST
HARSTAD OF TWIN CITY TOWNHOMES:
To rezone from R-1, Single Family Dwelling to R-3, General
Multiple Family Dwelling, to allow the construction of 41
townhomes on Lot 6, except the East 650 feet thereof and
except that part lying West of the Northeasterly right-of-way
line of the Outer Drive of the State Trunk Highway, Auditor's
Subdivision No. 25, Section 24, Township 30 North, Range 24
West, Anoka County, Minnesota, and Lot 7, except the East 650
feet thereof and except that part thereof lying West of the
Northeast right-of-way line of the Outer Drive of State Trunk
Highway and except the South 55 feet of the West 150 feet of
the East 800 feet thereof, Auditor's Subdivision No. 25,
Section 24, Township 30 North, Range 24 West, Anoka County,
Minnesota, and Lot 8, except the east 800 feet thereof and
except that part thereof lying west of the Northeasterly
right-of-way line of the Outer Drive of State Trunk Highway,
Auditor's Subdivision No. 25. This property is generally
located at 971 Hillwind Road N.E.
MOTION by Mr. Oquist, seconded by Mr. Saba, to waive the reading
of the public hearing notices and to open the public hearing for
P.S. #94-04, SAV #94-02, and ZOA #94-02, by Forrest Harstad of Twin
City Townhomes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:55 P.M.
Ms. McPherson stated the petitioner is Forrest Harstad representing
Twin City Townhomes. The subject property is owned by Edwin Dropps
and Oliver Erickson. The property is located adjacent to and west
'" �
�
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGB 16
of Fillmore Street and east of Hillwind Road. Polk Street is
located in the northwest corner of the subject parcel. The
property is zoned both R-3, General Multiple Dwelling, and R-1,
Single Family Dwelling.
Ms. McPherson stated previous requests for the property include:
The Cottages by Arkell Development in 1977 for 60 elderly
townhomes. The request was withdrawn by the petitioner while
the City commenced its senior housing market study.
An informal request from Continental Development Corporation
and Oliver Erickson in 1983 for a 60 unit apartment building
and 32 townhouse units.
A request similar to the current request by Oliver Erickson
in 1981 to rezone the property from R-1 to R-3 to construct
180 apartment units on the subject parcel and adjacent
parcels.
Ms. McPherson stated the neighborhood's concerns for all previous
requests are as follows:
1. Concern with traffic on Polk and Fillmore Streets
2. Concern with drainage plans or lack of drainage plans
3. Increase in the concentration of multiple family units
4. Difficult traffic flow due to the intersection at
Hathaway Lane and Central Avenue
5. Environmental impacts to the wetland on the site
6. Existing parking problems
Ms. McPherson stated the subject parcel has been zoned in its
present configuration since 1958. In 1985, the City rezoned Iwen
Terrace (north of the subject parcel) from R-1, Single Family
Dwelling, to R-2, Two Family Dwelling. Western Ridge Estates
(south of the subject parcel) was platted in 1983 and, in
conjunction with the plat, the City approved a rezoning from R-1,
Single Family Dwelling, R-2, Two Family Dwelling, and R-3, General
Multiple Dwelling, to R-2, Two Family Dwelling.
Ms. McPherson stated the adjacent office developments (northwest
of the subject parcel) were rezoned from R-3, General Multiple
Dwelling, to CR-1, General Office, in 1971, 1978, and 1988.
Ms. McPherson stated the parcel has a steep slope along Hillwind
Road, and the remainder of the parcel is gently sloping. A Type
3 or 4 wetland bisects the parcel in the southwest to northeast
direction. A storm water outlet is located on the west side, which
brings storm water from I-694 and Hillwind Road into the wetland.
� �
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 17
The shallow ditch at that storm water outlet can be classified as
a Type 6 shrub wetland. A variety of trees are on the site.
Ms. McPherson stated the petitioner is proposing a 41 unit
condominium project. The parcel is proposed to be replatted into
two lots. Lot 1 will be used for the 41 condominium units and
Outlot A is being heid by the property owner for a possible future
multi-family project. Thirty-seven of the 41 units will be located
around a private drive, and four units will access directly onto
Fillmore Street.
Ms. McPherson stated the condominiums are similar to townhomes in
design. They are two-story, and each unit will have a two-car
garage. Both two and three bedroom units will be constructed.
The petitioner is proposing 194 parking spaces provided through
the use of garages, individual driveways, and off-the-road private
parking spaces.
Ms. McPherson stated three things limit the design of the site:
1. The petitioner has no control over Outlot A.
2. The 1991 Wetland Conservation Act requires avoidance of
all wetland impacts.
3. The topography of the subject parcel limits access to
Fillmore Street.
Ms. McPherson stated the petitioner has also applied for a variance
request which will go before the Appeals Commission on Tuesday, May
24, 1994.
Rezoning Request
Ms. Dacy stated the reason for the rezoning is to rezone the
easterly 1.67 acres from R-1, Single Family Dwelling, to R-3,
Generai Multiple Dwelling, which permits apartment buiZdings,
townhomes, condominiums, two family dwellings, and single family
dwellings. Approximately 3.4 acres of the property is already
zoned R-3. The petitioner is proposing to develop condominium
units on Lot 1.
Ms. Dacy stated that using the existing ordinance, staff tried to
determined the development density. An apartment building of
approximately 38 units could be built on the R-3 two acre part of
this site. The R-1 portion of the property could be subdivided
into four single family lots, and a 60 foot wide right-of-way could
be constructed to serve the single family lots and the apartment
building.
Ms. Dacy stated the petitioner has submitted a plan that shows a
six story apartment building of 104 two-bedroom units with adjacent
parking areas, not only on this site, but also across the wetland
on Outlot A. His point is that if the property was developed under
� �
PLANNING COMMISSION MEETING. MAY 18, 1994 PAGE 18
the existing pattern, a significant amount of density could be
developed on the property. The petitioner also noted that the
wetland would still not be impacted and a foot bridge could be
constructed over the wetland.
Ms. Dacy stated that usually the City looks at two types of
criteria to evaluate whether or not a rezoning request is
appropriate. The first criteria is to evaluate if the proposed
development plan is consistent with the requested zoning change.
Any approval of the rezoning should be conditioned upon the
approval of the variance request. If the variance request is not
approved, the petitioner will need to revise the site plan to
conform with the R-3 setbacks or reduce the number of units.
Ms. Dacy stated the second criteria is if the proposed rezoning
and use is consistent with adjacent uses and zoning. Except for
the Frank home to the southeast of the property, the parcel is
surrounded by similar or compatible zoning. Twinhomes and
townhomes are located to the north and south. The school separates
the use from single family areas.
Ms. Dacy stated the 1991 housing study conducted by the Housing
and Redevelopment Authority identified a market demand for this
type of housing style. The market study indicated that the primary
market for these types of owner-occupied units are single,
professional female, empty-nesters, and other smaller size family
households.
Ms. Dacy stated staff recommends the Planning Commission recommend
approval of the rezoning request to the Council subject to the
following stipulation: Variance request, VAR #94-02, shall be
approved.
Mr. Newman stated they should probably add two more stipulations:
(1) Plat request, P.S. #94-94, shall be approved; and (2)
Vacation request, SAV #94-02, shall be approved.
Staff agreed.
Vacation Request
Ms. McPherson stated the petitioner is requesting the vacation of
a portion of the Minnesota Department of Transportation turnback
property which the City received irom the State of Minnesota. The
proposed area (21,042 square feet) to be vacated is located
directly adjacent to Hillwind Road along the easterly right-of-way
line. The City processed and approved a similar request for the
Western Ridge Townhomes to the south to vacate the City's interest
in that particular area.
Ms. McPherson stated the petitioner has reserved adequate right-
of-way area for Hillwind Road for snow storage and maintenance
purposes. No City utilities are located within this area, and the
City has no further use for this property. If the City approves
� �
PLANNING COMMISSION MEETTNG, MAY 18, 1994 PAGE 19
the vacation request, the City Council wilZ also need to declare
this particular piece of property as surplus and deed it to the
petitioner to be combined with the adjacent parcels as part of the
plat.
Ms. McPherson stated staff recommends the Commission recommend
approval of the vacation request with the following stipulation:
1. Plat request, P.S. #94-04, shall be approved and the
vacated area shali be combined with the property to the
east.
Mr. Newman asked if the City customarily receives any compensation
for turning back property.
Ms. McPherson stated the City does not.
Plat Request
Ms. McPherson stated the request is to replat portions of Lots 6,
7, and 8 of Auditor's Subdivision No. 25. The total area to be
platted with the vacation area is 5.11 acres. Two lots will be
created, Lot l, which is 3.85 acres, and Outlot A, which is 1.26
acres. Both lots exceed the minimum lot width and lot area
requirements of the R-3 district. Lot 1 will become part of a
condominium plat whereby the association owns the land and
individual units are owned by residents. As it is a condominium
plat, it is also required to comply with the requirements in
Minnesota State Statute Chapter 515.A.
Ms. McPherson stated that traffic on site is proposed to be handled
by private driveways which will enter off Fillmore Street. The
petitioner is proposing to name the circuZar drive "Fillmore
Court". Thirty-seven of the 41 units will be clustered around the
circular driveway, as well as the two north-going legs of the side
driveways. Four of the units will directly access Fillmore Street.
Ms. McPherson stated the private driveways will be 24 feet wide
and will be lined with concrete curb. The minimum Fire Department
driveway width is 20 feet. The Fire Department has requested that
these driveways be signed "no parking" on both sides, to maintain
the minimum 20 feet. The association will be responsible for
plowing, maintaining, repairing, and permitting emergency vehicle
access on the private driveways.
Ms. McPherson stated the Police and Fire Departments reviewed the
proposed plans and did not have any adverse comments. The Police
Department stated that having one entrance in and out of the
development as good in terms of police patrol.
Ms. McPherson stated the existing traffic in the area is generated
by the single family units to the east and along Lynde Drive. It
is also generated by the multiple family units and the office uses.
The office uses generate most of their traffic on Hillwind Road.
� �
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PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 20
North Park Elementary School on Regis Lane is serviced by nine
buses with school starting at 8:30 a.m. and dismissing at 2:40 p.m.
Traffic leaving the subject parcel could go either east on Regis
Lane or north on Fillmore Street.
Ms. McPherson stated that according to the Institute of Traffic
Engineers, it is estimated that the development would generate an
additional 240 daily trips. To measure the existing daily trips,
staff placed traffic counters at the intersections of Fillmore and
Lynde Drive and across Regis Lane, just west of Regis Drive. The
daily counts average over 48 hours were approximately 630 daily
trips at Fillmore/Lynde Drive and 345 at Regis Lane. Residential
streets can typically handle approximately 1,000 trips per day.
With the estimated additional 240 trips per day, it would be
expected the capacity on adjacent roads would not be exceeded. It
is expected that most of the trips would go north on Fillmore to
access Highway 65 at Central, especially during the morning peak
hours.
Ms. McPherson stated the access for 5512 Fillmore Street is located
close to the proposed access for the development. The property
owner has indicated a willingness to share this particular access.
Easements should be executed and recorded against both properties.
Ms. McPherson stated staff did look at other access options. The
first would be to connect to Hillwind Road; however, staff
estimated that the steep slope would be approximately 27% which
would pose a safety hazard. The second option would be for the
petitioner to purchase Lot 9, which is currently owned by the State
of Minnesota. Purchasing this lot would improve access to the site
as the road could be constructed parallel to the slope as opposed
to against the slope. The third option would be to cross the
wetland. The petitioner would need to obtain an access easement
from the property owner of Outlot A. A connection could then be
made to Polk Street.
Ms. McPherson stated the 1991 Wetland Conservation Act requires
all wetland impacts to be avoided whenever possible. The best way
to avoid any impact would be to construct a bridge, or to construct
a road using a culvert which would require filling a portion of the
wetland. Filling any portion of the �aetland would require a 2:1
replacement. Staff is reluctant to recommend pursuing this option
because it would be contrary to the intent of the wetland
protection ordinance.
Drainage
Ms. McPherson stated the existing stormwater flows from the
stormwater pipe located adjacent to Hillwind Road into the wetland
area and through the BASFU located north of the subject parcel
which is a water treatment facility installed by the City a number
of years ago. The stormwater then leaves that particular area
through a pipe and flows north under Polk Street into Moore Lake.
4S
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 21
Ms. McPherson stated the petitioner submitted a grading, drainage,
and erosion control plan which the Engineering Department has
reviewed. The petitioner will need to comply with a number of
comments made by Scott Erickson, Assistant Public Works Director,
in a memo to Ms. McPherson dated May 13, 1994. In addition, a
separate permit issued by the Rice Creek Watershed District will
be required. The association wilZ be required to maintain any
detention facilities and any other drainage-related facilities they
would install.
Ms. McPherson stated the petitioner is proposing to install private
water and sanitary sewer lines to serve the development. However,
there is a public sanitary sewer line which services the properties
adjacent to Hillwind Road. Because that sanitary sewer line
currently crosses the development parcel, it will need to be
relocated and an easement gr�nted as part of the plat to allow
public access for maintenance and repair of the public sanitary
sewer. The City would be held harmless for repairing any
improvements made by the association as a result of the City work
on that sewer line.
Ms. McPherson stated the association
hydrants, and arrangements should be mad
to the City Public Works Department to
accordance with City policies.
would also install new
e and authorization given
fTush those hydrants in
Ms. McPherson stated there are a number of trees on the parcel
which should be maintained as they are an asset to the site. Many
of the trees are located adjacent to the edge of the wetland. The
grading plan should be amended to indicate the trees which are to
be preserved.
Ms. McPherson stated the subdivision ordinance requires a park
dedication fee of either land or money. The current dedication
fee is $750 per unit which the petitioner must pay at the time of
the building permit.
Ms. McPherson stated the petitioner has provided a landscape plan
which needs to be revised to provide 15 six-foot evergreen trees.
This will bring the landscape plan in compliance with the
ordinance. The association will be responsible for maintaining
the landscaping.
Ms. McPherson stated the petitioner is proposing a screening buffer
vf evergreen shrubs along the property line with 5512 Fillmore
Street. This area should be irrigated.
Ms. McPherson stated that regarding the plat request, staff is
recommending the Commission recommend approval to the Council with
the following 16 stipulations:
l. The petitioner shall record in the condominium declaration
that.the association shall be responsible for the plowing,
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PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 22
maintenance, and repair of the private roads and driveways.
The declaration shall permit emergency vehicle access.
2. The driveways shall be signed "no parking" on both sides.
The condominium declaration shall be amended to prohibit
parking on both sides of the driveways.
3. The petitioner shall place a stop sign at the intersection of
the private drive with Fillmore 5treet.
4. Access, maintenance, and repair easements shall be executed
and recorded against the development parcel and 5512 Fillmore
Street to allow the resident at 5512 Fillmore Street to use
the access drive.
5. The condominium declaration shall be amended to require
maintenance and repair of the stormwater pond by the
association.
6. The petitioner shall comply with all comments by the
Engineering Department regarding the grading/drainage/ erosion
plan, which will consider the flow from the Western Ridge
development.
7. The petitioner shall obtain a permit from the Rice Creek
Watershed District prior to the issuance of a building permit.
8. The condominium declaration sha].1 be amended to hold the City
harmless for the operation, maintenance, and repair of
association improvements as a result of work on the public
sewer line.
9. The condominium declaration shall require the association to
repair and maintain the private utilities.
10. The utilities shall be constructed to municipal standards.
11. The association shall authorize the Public Works Department
to flush the hydrants in accordance with City policies.
12. The grading plan shall be amended to indicate the number of
trees to be preserved.
13. The petitioner shall pay a park dedication fee of $750.00 per
unit (41 units at $750.00 equals $30,750) prior to the
issuance of a building permit.
14. The landscape plan shall be revised to provide 15 six foot
evergreen trees. Underground irrigation shall be provided
along the R-1 property (5512 Fillmore Street).
15. The condominium declaration shall require maintenance and/or
repair of landscaping by the association.
�U
PLANNING COMMISSION MEETING. MAY 18, 1994 PAGE 23
16. The petitioner shall submit a letter of credit in the amount
of 3% of the construction value, not to exceed $60,000, to
cover the outdoor improvements.
Ms. McPherson stated staff is recommending the Planning Commission
recommend approval of the rezoning, the vacation request, and the
plat request, subject to the revised stipulations included with a
copy of a memo from John Flora, Public Works Director, dated May
16, 1994. The petitioner has received a copy of the amended
stipulations, Mr. Flora's memo, and Mr. Erickson's memo.
Mr. Oquist asked what are the plans for the intersection of Highway
65/Central Avenue, and has any consideration been given to the
impact,on this intersection? He lives in this area, and this
intersection gets quite congested.
Ms. Dacy stated the level of development on the Lake Pointe
property on the west side of Highway 65 may require the improvement
of that intersection to add lanes on the east and west sides of
Highway 65. The current status is that the existing amount of
traffic does not require the improvement; however, with an
additional 500,000-700,000 square feet of development on the Lake
Pointe property, eventually that improvement could be implemented.
The level of traffic generated by the proposed townhome project
would not require the upgrade of the intersection.
Mr. Oquist stated he is concerned about the density. There is an
additional 41 units with only one exit onto Highway 65, let alone
the density and the traffic patterns that already exist within the
neighborhood. This development will definitely have some impact
on this one single intersection. The traffic is even worse on the
weekends.
Ms. Dacy stated the average daily trips number is an estimate that
is averaged over a 24 hour period. Usually, in a neighborhood,
there are staggered work hours or trips. However, that does not
negate the fact that the primary movement out of the site will go
north on Fillmore to Polk and to that intersection. Staff
acknowledges that during peak hours, the additional traffic
generated from the development will impact that intersection.
Mr. Forrest Harstad stated he would like to comment on the most
important concerns. Regarding traffic, whatever development occurs
on this piece of land will impact that intersection. It seems a
fair assessment that the intersection is in need of a little
improvement before any new development.
Mr. Harstad stated the property as it is zoned today can generate
considerably more traffic without any zoning changes or other
requests. Ted Mattke of Mattke Engineering designed a six story,
104-unit, apartment building to show what actually could be built
on the R-3 zoned property without rezoning or variances, and the
traffic generated from that building would be considerably higher
�
PLANNING COMMIS3ION MEETING, MAY 18, 1994 PAGE 24
than his proposed development. He is proposing all owner-occupied
units, and the units will be sold before they are built.
Mr. Harstad stated that regarding access to Hillwind Road, he had
not really looked at the acquisition of Lot 9 because Lot 9 is at
the top of the hill. Lot 9 would still require a considerable
amount of grading such that safety would still be a concern. It
is not impossible, but it might prove to be cost prohibitive
because of the steep grade. Also, if the traffic all accessed onto
Hillwind Road, it would still end up at the Highway 65/Central
Avenue intersection.
Mr. Harstad stated that regarding the single access into and out
of the development, he believed that is a positive for a project
like this. It keeps people from racing cars through the
development, and the Police Department has said it is easier to
police. It is more like a cul-de-sac street; it is more
neighborly. From his experience with his other townhome projects,
traffic is more easily handled with a single access.
Mr. Harstad stated there seems to be some concern over what
effectively is a concentration of multiple family units. The land
is actually zoned for significantly higher densities than what he
is proposing. And, the higher density would be rental units as
opposed to owner-occupied.
Mr. Harstad stated he can comply with all the stipulations and
requirements made by the City.
Mr. Bob Marty, 1140 Regis Lane N.E., stated he sees a lot of fast
traffic on Regis Lane. He is concerned about the traffic with the
young children in the area. One of the alternatives to help avoid
traffic hassles coming out of the proposed development would be to
go up Regis Lane to Matterhorn Drive to Gardena Avenue. He
definitely sees increased traffic on his street because of the
current speed levels.
Mr. Marty stated he
be purchased and
townhomes, could it
property?
is also concerned that if the townhomes are to
owned, if the development cannot sell the
become low income rental in order to sell the
Mr. Newman stated the City cannot restrict the developer from the
ability to rent out a unit or units as long as a rental license is
received from the City.
Mr. Marty stated there are children who do not ride the school bus
and cross the street to go to the school or the playground. The
increase in traffic could pose a problem for the children who have
to cross the street. He stated he is opposed to the development,
because of the traffic concerns and the fact that the density seems
a little high.
4W
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 25
Ms. Ann Jensen, 5572 Fillmore Street, stated she lives in a
twinhome down the street. She is really concerned about the
traffic. She would much rather see townhomes than an apartment
building. She has licensed daycare, and there are children from
all over the neighborhood who play at the school playground. The
traffic has not been too bad until now; but with 41 new townhomes,
that traffic could be detrimental to the children. She stated it
would be nice if the developer would acquire the state-owned
property and access onto Hillwind Road.
Ms. Connie Masica, 1070 Lynde Drive, stated that the neighborhood
could still end up with the worst of both worlds, because Outlot
A is still available for development. If the City approves the
development of 41 townhomes, there is still the potential of an
apartment building development on Outlot A. How many additional
apartments could be put on Outlot A?
Mr. Harstad stated one of the owners of Outlot A, Edwin Dropps, is
willing to sell Outlot A. Mr. Harstad stated he could construct
between 4-6 townhomes on that parcel that would all access onto
Hillwind Road.
Ms. Dacy stated staff has not done a specific analysis on Outlot
A, but she would estimate 18-20 apartment units on the low end,
but that number could go up to 50 units depending on the site plan.
Ms. Masica stated she has three children, so she is concerned about
the traffic with the school and the playground. She finds it a
little humorous that the Police Department approves of the single
access to the development for control when the Police Department
has not yet been able to control the problems at the Polk Street
Apartments.
Ms. Masica stated that at a District #13 School Board meeting last
fall, they were told that as of the fall of 1993, North Park School
is at its maximum capacity. There is the possibility of splitting
and having only 4th and 5th grades at North Park for the whole
district, and grades K- 3 would be divided between Highland and
Valley View. Current residents who have children already enrolled
in North Park and live within that zone can still send their
children to North Park, but any new residents will be subject to
busing. She stated they really need to find out what additional
busing might be happening in this area.
Ms. Masica stated she is also concerned about the traffic at the
Highway 65 and Central Avenue intersection. She has watched four
or five green lights come and go before she can even get off
Hathaway/Hackmann Avenue onto Central Avenue. She did not see
where adding a third lane will he�p improve any congestion, because
Central Avenue is only two lanes.
Ms. Nancy J. Jorgenson, 5730 Polk Street N.E., stated she is
addressing this item not as a Council member but as a resident.
She stated she and her family have lived here for 17 years. During
4X
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 26
that time, she has seen three proposals for this property. In
1981, she was the circulator of the petition that stopped the
rezoning.
Ms. Jorgenson stated her concern is not only with the density and
the rezoning of the R-1 property, but also with the current
property that is along Highway 65 and Hillwind Road which is within
an HRA redevelopment district. If for some reason, the Polk Street
apartments ceased to exist, or some of the other apartment
complexes were purchased by other people, there is the potential
for having another office complex like the one located on Hillwind
Road that is currently owned by the Stinskis. She has been
contacted in the past by the Stinskis regarding their interest in
purchasing the three apartment complexes located on Lynde Drive for
a twin Hillwind office development.
Ms. Jorgenson stated she believed that when this property was zoned
R-1, it was zoned R-1 for a reason. The City generally stays
within the requirements of what it feels the density of the
neighborhood can handle. There are already a large number of
apartment units in this area. She would be very pessimistic to
see a six story apartment complex located anywhere on that
property. For one thing, the developer would need soil correction.
Secondly, the developer would need structural steel construction
which is very expensive. Realistically, it is probably not
economically feasible for that kind of development to happen, and
this is more of a scare tactic to the neighborhood than anything.
Ms. Jorgenson stated the proposed development is probably the
highest class and the best she has seen proposed for this area,
but she did not like the density this development would bring to
the neighborhood. She has toured the petitioner's facility in New
Brighton, and that development is very classy.
Ms. Jorgenson stated she would recommend, as a neighbor, that the
City not approve the variance or the rezoning. She is also
concerned about an issue that was discussed at the New Brighton
location regarding the excess material that would be removed from
Lots 6, 7, and 8 in order to build this development. It was told
to the neighbors that were present that the material from Lots 6,
7, and 8 would be deposited on the outlot section. Right next to
the outlot on Polk Street is the BASFU on which the City spent a
lot of money, as well as state funding, in order to try to get
something that would filter the phosphorus and salt coming off I-
694 from filtering into Moore Lake. Any additional filling of dirt
in this area is going to make that drainage plan next to
impossible. 5ome consideration has to be given to that.
Ms. Jorgenson stated she believed that at the time Polk Street was
constructed where it currently looks as if there is a partial cul-
de-sac, the development agreement with the real estate company on
that particular location included a stipulatian that indicated that
road would not be punched through. Of course, they cannot deny
access to a development. If apartment complexes were constructed
�
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 27
there and were more than five stories, she feels fairly confident
that the Fridley Fire Department would require two entrances or
exits for fire safety.
Ms. Jorgenson stated she cannot believe some of the rumors she has
been hearing regarding this particular development. Again, it is
the finest that she has seen for this location; but, in her
estimation, she believed the best use of this property, although
it would not give the developer the most financial consideration,
is single family homes.
Mr. Newman stated that based on the comments made by Mr. Harstad
during the public forum, if the project was amended to include
Outlot A and the density increased to 46 units, that has taken care
of the possibility of Outlot A being used for an apartment complex.
Would that change Ms. Jorgenson's feelings about the project?
Ms. Jorgenson stated she would still probably recommend that the
portion of property that is currently zoned R-1, Single Family
Dwelling, remain R-1 zoning. If the developer wants to put a
townhome development on the R-3 zoned property, she would probably
support it, as long as it did not require additional fill around
the BASFU area, ponding, or any environmental wetland conditions.
As an alternative, that option is obviously better than an
apartment complex. It is something that could be done without any
action from either the Planning Commission or City Council unless
variances were needed.
Mr. Newman stated the problem the City is facing is that if this
proposal is denied, they may well run the risk that a developer
will come in and build an apartment building and the City will lose
the control. However, they can ask Mr. Harstad to amend his
proposal so that the townhomes are on the entire parcel, including
Outlot A.
Ms. Jorgenson stated she would still be adamantly opposed to the
rezoning. Her issue is strictly with the density.
Mr: Sielaff
the school
development,
concerns.
stated he believed the main issue is traffic going by
and that if there was another access to this
that would alleviate a lot of the neighborhood's
Ms. Jorgenson stated it would alleviate some of the concerns as
far as the traffic going by the school. But, traffic is always
going to be an issue. Basically, everything west of Matterhorn
runs through Polk Stree.t down to Hackmann or Hathaway and out to
the Highway 65/Central Avenue intersection. She did not know how
they are ever going to address that traffic problem, even with the
improvements that are proposed for Central Avenue and Highway 65.
Mr. Harstad stated that Ms. Jorgenson has voiced all the concerns
that need to be discussed in this forum.
4Z
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 28
Mr. Harstad stated the price of the condominiums is minimally
$83,900. The end unit base price will be at least $89,900. They
have not yet factored in all the costs. The R-3 portion of the
property needs significant soil correction, particularly on the
west half of the property, so there are some significant soil
correction costs. The onZy way he could dare suggest townhomes.on
the west side would be right up against the Hillwind. The soil
gets better as it moves eastward. For an apartment building to be
feasible, it would nee�d to be a tall building, because it would
need soil correction which would necessitate a steel structure as
opposed to wood structure.
Mr. Harstad stated he is proposing very nice townhomes. He intends
to move into this development if it is approved.
Mr. Harstad stated that regarding the demographics, they have found
that the demographics of townhomes break down the same way in each
neighborhood. Roughly two-thirds are 30-somethings and one-third
is empty nesters. In both subsets, about two-thirds are singles
and one-third is couples. Of the singles in both subsets again,
about two-thirds are female and one-third is male. Less than 5%
of the units have.children at all, and it is very rare to see two
or three children in these townhomes.
Mr. Harstad stated this proposed development is across the street
from a grade school, and it has more of an attraction to the single
mom with children in grade school. But, his project in St. Anthony
Village that is across the street from a grade school has no
children.
Mr. Harstad stated that if the wetland did not come out of the hill
that actually drains the I-694 intersection, he could route the
traffic out onto Hillwind Road, but, again, that would not help the
Highway 65/Central Avenue intersection.
Mr. Harstad stated that regarding the access into the development,
he believed it is in the neighborhood's best interest to have only
one access into the development.
Mr. Harstad stated the rezoning of the R-1 portion of property in
no way increases the density over what otherwise could go into this
project, and the reason for that is the condition of the soils.
Soil conditions are poor enough on the R-3 portion that it takes
a steel structure for a doable project with a higher density,
taller building.
Mr. Harstad stated that regarding placing excess fill on the
western portion, that excess fill is what they are going to dig
out for the basements. The logical place to put the fill is in
what is presently the low land on the west side of the wetland,
because that is the unbuildable part of the project.
Mr. Harstad stated that Ms. Jorgenson's density concern is not
handled by denying the rezoning. In fact, allowing the rezoning
� � �
PLANNING COMMISSION MEETING. MAY 18, 1994 PAGE 29
effectively eliminates the potential for significantly higher
density.
Mr. Edwin Dropps stated he and 011ie Erickson have owned this
property for 22 years. He has come to the City with a number of
proposals over the years; some have been dropped because of the
neighborhood opposition. This is the fourth proposal. He stated
he has paid over $100,000 in taxes over the last 22 years, and they
have to do something with the land. They believe this is a good
project that is good for the community and is better than anything
else they can get. He stated he does have a definite buyer for a
multiple dwelling on the R-3 zoned property if this project is not
approved. This is not meant as a threat. The townhome development
is a much better proposal for this property than any apartment
building.
MOTION by Mr. Oquist, seconded by Mr. Sielaff, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 10:50 P.M.
Ms. Savage stated that Ms. Jorgenson articulated very well the
concerns about density and traffic. However, she is very impressed
with the quality of the project. There isn't anything like it in
Fridley that is this classy. She believed this type of housing
would be an asset to the City. She stated she has been persuaded
by Mr. Harstad that these types of townhomes generally attract
smaller amounts of residents which will ultimately help the density
problems. She stated they should do whatever they can to alleviate
some of the traffic problems. She stated she would recommend
approval of the rezoning, vacation, and plat requests by Mr.
Harstad.
Mr. Saba stated he agreed with Ms. Savage; however, he would like
to see the density decreased to less than 41 units. The traffic
concern has to be addressed somewhat, even though he realized it
is kind of out of the petitioner's hands. As Ms. Jorgenson stated,
this is a very classy development and probably the best development
for this area. On the other hand, the best thing for this area
would be no development. It is kind of a catch-22, but he would
be inclined to recommend approval of the requests.
Mr. Oquist stated he shares Mr. Saba and Ms. Savage's sentiments.
He does live in the area, so he has some real concerns about the
density. It would be nice if the developer could acquire Outlot
A and build some more townhomes to help reduce the potential of
additional densities. He stated this is the best proposal he has
seen for this area; and even though he is hesitant because of the
traffic problems, he would recommend approval.
Ms. Modig stated it is �the best project she has seen for this area.
She can understand the residents' concerns about the traffic, and
maybe something can be done to help control the traffic through
. - -
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 30
traffic signs and police patrol. This is a nice project, and she
would like to see Outlot A added to assure the neighborhood that
there would not be another apartment building.
Mr. Sielaff stated he also agreed the density and traffic issues
are a wash no matter what happens on that property. This is a
quality development. He personally would like to see owners as
opposed to renters which is better for the neighborhood overall.
Mr. Newman stated that if Mr. Harstad wanted to incorporate Outlot
A into his development, what would be the best way for him to do
that? If they are going to include additional land, is another
public hearing necessary?
Ms. Dacy stated there would be no need to hold another public
hearing because Outlot A was part of the public hearing notice.
If the Commission wants to review the site plan for Outlot A, then
they.could continue the public hearing until Mr. Harstad has had
time to submit the plan. The other option is for the Commission
to act on this proposal and send it onto the Council for action.
The Commission would then not be reviewing the site plan for Outlot
A.
Mr. Harstad stated that if the Commission was willing to call a
short recess, he would discuss this with the property owner of
Outlot A and make a decision at this meeting.
MOTION by Mr. Saba, seconded by Ms. Modig, to take a 15 minute
recess to allow the Mr. Harstad and Mr. Dropps time to discuss the
inclusion of Outlot A in the development proposal.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED AND THE MEETING RECESSED AT 10:50 P.M.
MOTION by Mr. Saba, seconded by Mr. Oquist, to reconvene the
meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLARED.THE
MOTION CARRIED AND THE MEETING RECONVENED AT 11:05 P.M.
Mr. Harstad stated that he and Mr. Dropps have discussed the
purchase of Outlot A and the inclusion of Outlot A into the
development proposal. He stated that 4-6 townhomes along Hillwind
Road could probably be made to work�"
MOTION by Ms. Savage, seconded by Mr. Oquist, to recommend to City
Council approval of rezoning request, ZOA #94-02, by Forrest
Harstad of Twin City Townhomes, subject to the following
stipulations:
1. Plat request, P.S. #94-04, shall be approved.
2. Vacation request, SAV #94-02, shall be approved.
4CC
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 31
�
4.
Variance request, VAR #94-02, shall be approved.
The rezoning request is contingent upon the site plan as
submitted by the petitioner and reviewed by the Planning
Commission at its May 18, 1994, meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOIISLY.
MOTION by Ms. Savage, seconded by Ms. Modig, to recommend to City
Council approval of vacation request, SAV #94-02, by Forrest
Harstad of Twin City Townhomes, subject to the following
stipulations:
1. Plat request, P.S. #94-04, shall be approved, and the
vacated area shall be combined with the property to the
east.
2. Rezoning request, ZOA #94-02, shall be approved.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED QNANIMOIISLY.
MOTION by Ms. Modig, seconded by Mr. Saba, to recommend to City
Council approval of preliminary plat, P.S. #94-04, by Eorrest
Harstad of Twin City Townhomes, subject to the fo.11owing
stipulations:
1. The petitioner shall record in the condominium
declaration that the association shall be responsible
for the plowing, maintenance, and repair of the private
roads and driveways. The declaration shall permit
emergency vehicle access.
2.
�
The driveways shall be signed "no parking" on both s�des.
The condominium declaration shall be amended to prohibit
parking on both sides of the driveways.
The petitioner shall place a stop sign at the
intersection of the private drive with Fillmore Street.
4. Access, maintenance, and repair easements shall be
executed and recorded against the development parcel and
5512 Fillmore Street to allow the resident at 5512
Fillmore Street to use the access drive.
5. The condominium decTaration shall be amended to require
maintenance and repair of the stormwater p.ond by the
association.
6. The petitioner shall comply with all comments by the
Engineering Department regarding the grading/drainage/
erosion plan, which will consider the flow from the
Western Ridge development.
' � �
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 32
7. The petitioner shall obtain a permit from the Rice Creek
Watershed District prior to the issuance of a building
permit.
8. The condominium declaration shall be amended to hold the
City harmless for the operation, maintenance, and repair
of association improvements as a result of work on the
public sewer line.
9. The condominium declaration shall require the association
to repair and maintain the private utilities.
10. The utilities shall be constructed to municipal
standards.
11. The association shall authorize the Public Works
Department to flush the hydrants in accordance with City
policies.
12. The grading plan shall be amended to indicate the number
of trees to be preserved.
13. The petitioner shall pay a park dedication fee of $750.00
per unit (41 units at $750.00 equals $30,750) prior to
the issuance of a building permit.
14. The landscape plan shall be revised to provide 15 six
foot evergreen trees. Underground irrigation shall be
provided along the R-1 property (5512 Fillmore Street).
15. The condominium declaration shall require maintenance
and/or repair of landscaping by the association.
16. The petitioner shall submit a letter of credit in the
amount of 3% of the construction value, not to exceed
$60,000, to cover the outdoor improvements.
17. The condominium declaration shall indicate the layout of
the project as submitted on the plat approved by the
Fridley City Council. The declaration shall comply with
the requirements of Minnesota Statute Chapter 515A.
18. The grading and drainage plan shall be amerided to conform
with the recommendations stated in Scott Erickson's memo
dated May 13, 1994.
19. Outlot A shall be included in the subdivision with Outlot
A containing no more than six residential units. Access
to the residential units shall be directed onto Hillwind
Road.
4EE
PLANNING COMMISSION MEETING, MAY 18, 1994 PAGE 33
For clarification, when the stipulations talk about "no parking"
in the driveway, that is referring to the private drives serving
the units and not the individual driveways immediately in front of
the garages.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOIISLY.
Ms. McPherson stated these items will go to City Councii on June
20, 1994.
5. RECEIVE AFRIL 4, 1994, PARKS AND RECREATION COMMISSION
MINUTES•
MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the Apri:l
4, 1994, Parks and Recreation Commission minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOIISLY.
5. RECEIVE APRIL 26, 1994, ENVIRONMENTAL 4UALITY & ENERGY
COMMISSION MINUTES:
MOTION by Mr. Sielaff, seconded by Ms. Modig, to receive the April
26, 1994, Environmental Quality & Energy Commission meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT•
MOTION by Mr. Saba, seconded by Ms. Modig, to adjourn the meeting.
Upon a voice vote, all voting aye, Chairperson Newman declared the
motion carried and the May 18, 1994, Planning Commission meeting
adjourned at 11:20 p.m.
Respectfully �ubmitted,
, ' 2' �- �`.- L -��--
�
'Ly%ne Saba �
Recording Secretary
4FF
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S I G N— IN S ii E E T
PLANNING COMMI3SION MEETING, Wednesday, May ]8, 1994
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.
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: June 2, 1994
��
TO: William Burns, City Manager �
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Establish a Public Hearing for Rezoning Request,
ZOA #94-02, by Twin City Townhomes
The Planning Commission conducted a public hearing regarding the
rezoning request, ZOA #94-02, at its May 18, 1994 meeting. The
Commission recommended approval of the request to rezone property
from R-1, Single Family Dwelling to R-3, General Multiple Family
Dwelling to the City Council. The rezoning request affects 1.67
acres located adjacent to and west of Fillmore Street and east of
Hillwind Road. If approved, the rezoning request would allow
construction of 46 condominium units.
The zoning code requires that the City Council conduct a public
hearing for all rezoning requests. Staff recommends that the
City Council establish June 20, 1994 as the date of the public
hearing.
MM/dn
M-94-272
r �►
�
I
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: June 2, 1994
TO: William Burns, City Manager���
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Establish Public Hearing for Vacation Request, SAV
#94-02, by Twin City Townhomes
The Planning Commission conducted an informal hearing regarding
�he vacation request at its May 18, 1994 meeting. The Commission
voted to recommend approval of the request to the City Council.
The vacation request is to vacate a portion of Minnesota
Department of Transportation turnback property located adjacent
to the easterly right-of-way line of Hillwind Road south of Lynde
Drive. If approved, the vacated area would be combined with the
property to the east as part of a 46 unit.condominium project.
The City Charter requires that the City Council conduct a public
hearing for all vacation requests. Staff recommends that the
City Council establish June 20, 1994 as the date of the public
hearing.
MM/dn
M-94-273
U
�
__ _ �
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: June 2, 1994
TO: William Burns, City Manager ��'A�
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Establish a Public Hearing for Plat Request, P.S.
#94-04, by Twin City Townhomes
The Planning Commission conducted a public hearing regarding the
plat request at its May 18, 1994 meeting. The plat request
considered by the Commission created two 1ots; Lot 1 and Outlot
A, and is for property generally located east of Hillwind Road,
west of Fillmore Street, and south of Lynde Drive. The .
Commission voted to recommend approval of the request to the City
Council. The Commission also recommended that the petitioner
construct additional units on proposed Outlot A adjacent to
Hillwind Road to prevent a large multiple family project from
being constructed under existing R-3 zoning.
The petitioner has amended the plat to create one lot with five
additional units along Hillwind Road (on former Outlot A) for a
total project of 46 condominium units.
The subdivision ordinance requires the City Council to conduct a
public hearing for all plat requests. Staff recommends that the
City Council establish June 20, 1994 as the date of the public
hearing.
MM/dn
M-94-274
� �� Community Development Department
� PLANNING DIVISION
City of Fridley
DATE: June 1, 1994 �
TO: William Burns, City Manager�
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Variance Request, VAR #94-05, by Chris Rodgers,
6050 - 6th Street N.E.
The Appeals Commission reviewed the variance request to reduce the
front yard setback from 35 feet to 22.4 feet at its May 24, 1994,
meeting. If approved, the variance would permit construction of
a 10 foot by 22 foot addition kitchen/dining room to the front of
the dwelling.unit. The Commission voted 3-1 to recommend denial
of the request to the City Council.
Staff has no recommendation regarding the variance request.
Attached to the Staff Report for the Council's information is a
list of front yard variances granted from Z986 to 1993.
MM:ls
M-94-27�
�
_
S TAFF REPORT
Community Development Department
Appeals Coc�imission Date
Planning Commission Date
City Council Date
APPLICATION NUMBER:
♦ VAR #94-05
PETITIONER•
♦ Chris Rodgers
LOCATION•
♦ 6050-6th Street
REQUEST•
May 24, 1994
June 6, 1994
♦ Reduce the front yard setback from 35 feet to 22.4 feet.
Approval of the variance will allow construction of a
kitchen/front entry addition.
See attached letter dated May 5, 1994, from the petitioner
regarding the reason for variance and hardship.
ANALYSIS•
♦ Section 205.07.03.D.(1) of the Fridley Zoning Code requires
a front yard setback of not less than 35 feet.
Public purpose served by this requirement is to allow for
off-street parking without encroaching on the public right-
of-way and also for aesthetic consideration to reduce the
building "line of sight" encroachment into the neighbor's
front yard.
Located on the property is a single family dwelling unit
with an attached two car garage. The property is zoned R-1,
Single Family Dwelling and the parcel meets the minimum lot
area and lot width requirements.
The petitioner is proposing to construct a 10 foot x 22 foot
addition to the front of the dwelling unit. The existing
dwelling is located 32.4 feet from the front property line.
A variance will need to be granted to correct the existing
encroachment.
Staff Report
VAR #94-05, 6050 - 6th Street N.E., by Chris Rodgers
Page 2
The adjacent properties are located at about the same
setback as the subject parcel. The dwelling to th.e north at
6060 6th Street has a foyer which appears to be slightly
closer to the street.
The proposed addition is located in the "center" of the home
in front of the remainder of the house and the garage.
There is at least 25 feet on either side of the addition.
Site lines from adjacent homes should therefore not be
affected.
No similar variances have been requested or granted
previously in this area.
The City has previously granted front yard variances to 22,
17.5, and 13 feet. This request is within previously
granted variances.
RECOMMENDATION/STIPULATIONS:
♦ Staff has no stipulations to recommend as condition of
approval.
APPEALS COMMISSION ACTION:
♦ The Appeals Commission voted 3-1 to recommend denial of the
request to the City Council. The Commission was concerned
with setting a precedent for the block.
:
[�ariance Application Form Attachment S-S-94 Chris Rodgers/var-att. doc
Reason for Variance and Hardship:
Probiems (Reason for Variance): �
a) The kitchen is too small. Not only is there not enough room for more than one
person to be in it, but there is not enough counter space to prepare a full meal
for a family of four (see attached drawing "E�sting NE Corner").
b) The dining room is too small. We do not have enough space to install and use
a full sized table that we would like to use for seating our family and guests.
c) The front entry is in a poor location. During the winter season when the front
door is opened, most of the living space is instantly chilled. During all seasons,
either snow or dirt is tracked into the house when using this entrance.
Proposed Solution:
I propose a 10 x 22' addition to the northeast corner (front) of the house. This
additional space will accommodate a larger kitchen and dining room and also a front
entrance room (see attached drawing "Proposed NE Corner").
Hardship:
Because of the layout of the house and for economical reasons an addition to the
northeast corner is the most logical. There is not enough properly space to the south
side of the house and the garage is on the north side. There is room to the west side,
but this would, at a minimum, double the cost of the addition. The plumbing (both
supply and sewer), electrical and gas would have to be moved entirely across the
house. We would also have to make accommodations for the bedroom that would be
lost in relocating the kitchen and dining room. Also, an addition to the west side of
the house would not solve the problem with the front entrance. These factors make
this option not economically feasible for us.
An addition to the northeast corner of the house is the most logical solution.
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Variance #
VAR #86-01
VAR #86-27
VAR #86-28
VAR #86-34
VAR #87-14
VAR #87-16
VAR #87-28
VAR #87-30
VAR #87-31
VAR #88-12
VAR #88-23
VAR #89-16
VAR #89-21
VAR #90-13
VAR #90-15
VAR #90-16
VAR #90-17
VAR ##90-22
VAR �91-02
VAR #91-09
VAR #91-11
VAR #91-12
VAR #92-09
VAR #92-14
VAR #92-16
FRONT YARD VARIANCES GF2ANTED 1986 - 1993
Address
6715 Ashton Avenue
105 - 71 1/2 Way
5330 - 4th Street
537 Fairmont Street
5200 Lincoln Street
565 Cheri Lane
5660 Arthur Street
6133 Woody Lane
7231 East River Road
5201 Pierce Street
6405 Van Buren Street
7110 Riverwood Drive
590 Kimball Street
5720 Polk Street
590 Kimball Street
110 - 64 1/2 Way
6420 Alden Way
6850 Brookview Drive
600 Buffalo Street
5218 Matterhorn Drive
570 Ironton Street
405 - 57th Place
5096 Hughes Avenue
991 - 67th Avenue
6700 Anoka Street
5i
Variance Granted
35 ft. to 9 ft.
35 ft. to 25 ft.
35 ft. to 14 ft.
35 ft. to 26 ft.
35 ft. to 25 ft.
35 ft. to 16 ft.
35 ft. to 28 ft.
35 ft. to 25 ft.
35 ft. to 25 ft.
35 ft. to 15 ft.
35 ft. to 26 .ft.
35 ft. to 30 ft.
35 ft. to 29 ft.
35 ft. to 18 ft.
35 ft. to 23 ft.
35 ft. to 34.31 ft.
35 ft. to 21 ft.
35 ft. to 31 ft.
35 ft. to 14.5 ft.
35 ft. to 29.5 ft.
35 ft. to 21 ft.
35 ft. to 14 ft.
35 ft. to 29.5 ft.
35 ft. to 17.5 ft.
35 ft. to 21 ft.
Front Yard Variances Granted 1986 - 1993
Page 2
Variance #
VAR #93-08
VAR #93-13
VAR #93-18
VAR #93-22
VAR #93-24
VAR #93-31
VAR #93-32
VAR #93-32
Address
180 Liberty Street
6810 - 7th Street
5831 W. Moore Lake Dr.
275 Ironton Street
71 - 63 1/2 Way
7536 Tempo Terrace
102 - 71st Way N.E.
7095-99 Hickory St.
5J
Variance Granted
35 ft. to 34 f�t.
35 ft. to 32.7 ft.
35 ft. to 31.3 ft.
35 ft. to 8.2 ft.
35 ft. to 22 ft.
35 ft. to 30 ft.
35 ft. to 28.44 ft.
35 ft. to 31 ft.
APPEALS COMMISSION MEETING, MAY 24� 1994 PAGE 20
denial to the
exemption from
has difficulty
request meets
neighbors that
neighborhood.
request.
Board of Water and Soil Resources to obtain an
the 1991 Wetland Conservation Act. She stated she
with that. Also, she did not think the variance
the spirit of the code. She agreed with the
any houses ould not fit in with the rest of the
She, too, w,uld recommend denial of the variance
MOTION by Mr. Kuechle, secon ed by Dr. Vos, to recommend to City
Council denial of variance r quest, VAR #94-04, by Paul Harstad,
per Section 205.07.03.D.(1) o the Fridley Zoning Code, to reduce
the front yard setback from 3 feet to 20 feet on Lot 6, Block 2,
Innsbruck North 2nd Addition, he same being 5470 East Danube Road
N.E.; and per Section 205.07.0 .D.(1) of the Fridley Zoning Code,
to reduce the front yard setbac from 35 feet to 25 feet on Lot 5,
Block 2, Innsbruck North 2nd A dition, the same being 5490 East
Danube Road N.E.; to minimiz wetland impact and allow the
construction of two single famil homes.
UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED IINANIMOUSLY.
Ms. McPherson stated that the ity will review the Wetland
Replacement Plan application and v riance application on June 20,
1994.
Ms. Dacy stated that on May 18, 1994, the Planning Commission asked
staff to investigate the issue of fi 1 on Lots 5 and 6. .Staff has
met with the City Attorney and is be inning their investigation.
�
►i
RODGERS-
Qi�.'7� �•�il:lei�9
Per Section 205.07.03.D.(1) of the Fridley City Code, to
reduce the front yard setback from 35 feet to 22.4 feet to
allow the construction of an addition on Lot 3, Block 2, Bonny
Addition, generally located at 6050 - 6th Street N.E.
MoTION by Mr. Kuechle, seconded by Ms. Smith, to waive the reading
of the public hearing notice and open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. McPherson stated the property is zoned R-1, Single Family
Dwelling. The property meets the minimum lot area and lot width
requirements. A single family dwelling unit and two-car attached
garage are located on the property. The petitioner has indicated
that the existing dwelling is located 32.4 feet from the front
property line. If the requested variance is not granted, a
variance to correct the existing encroachment should be granted.
Ms. McPherson stated the petitioner is proposing to construct a 10
foot by 22 foot addition to the front of the dwelling unit. The
5K
APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 21
petitioner is proposing to enlarge the kitchen and entry space.
The dwellings on either side of the subject property appear to be
at approximately the same setback. The dwelling unit to the north,
6060 - 6th Street, has a foyer addition which appears to be
slightly closer to the street.
Ms. McPherson stated the proposed addition would be located in the
"center" of the home. The garage provides a buffer to the north,
and the remainder of the dwelling provides a buffer to the south.
Therefore, sight lines from the adjacent properties should not be
adversely affected. No similar variances have been requested or
granted in this area. Previous front yard variances have been
granted to as small as 13 feet.
Ms. McPherson stated that if the Commission approves this request,
staff has no stipulations to recommend.
Mr. Chris Rodgers stated the existing kitchen is too small for a
family of four. The dining room is also too small. The front
entry is in a poor location. He is proposing a 10 foot by 20 foot
addition to the northeast corner of the house. This additional
space will accommodate a larger kitchen and dining room and also .
a front entrance room. �
Mr. Rodgers stated his hardship is as follows: "Because of the
layout of the house and for economical reasons, an addition to the
northeast corner is the most logical. There is not enough property
space to the south side of the house and the garage is on the north
side. There is room to the west side, but this.would, at a
minimum, double the cost of the addition. The plumbing (both supply
and sewer) , electrical, and gas would have to be moved entirely
across the house. We would also have to make accommodations for
the bedroom that would be lost in relocating the kitchen and dining
room. Also, an addition to the west side of the house would not
solve the problem with the front entrance. These factors make this
option not economically feasible for us."
Mr. Rodgers stated he has spoken to some of his neighbors, and they
have no objection to this variance.
MOTION by Ms. Smith, seconded by Mr. Kuechle, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:40 P.M.
Mr. Kuechle stated he has a problem with additions to the front of
houses. In this neighborhood, the sight lines are very clear in
that all the houses are set back the same distance from the street,
and he is concerned about bringing the petitioner's house out 10
feet. The only real hardship seems to be an economic hardship,
that it would cost more to add onto the back of the house than onto
the front. He certainly would not argue that point; however, it
troubled him that there was no data to substantiate that it is
5L
APPEALS COMMISSION MEETING, MAY 24, 1994 PAGE 22
prohibitively costly for one versus the other. He stated he has
reservations about granting this variance to 25 feet.
Dr. Vos stated this variance, if granted, would set a precedent in
this neighborhood, because all the streets around this area have
houses built at the same setback.
Ms. Smith stated she is also concerned that granting this variance
would set a precedent for other homeowners in this neighborhood
with houses sitting at the same distance from the street. The
economic hardship is not a strong enough reason to grant a
variance.
Ms. Savage stated she did not feel as strongly about this variance
request as the other commissioners. She did not see the sight
lines as being affected and believed granting the variance would
be within the spirit of the code, particularly with this small an
addition. Clearly, there is a hardship in the need for the
addition. The question comes down to where the addition should go,
at the rear of the house or at the front of the house. The
petitioner has indicated that it would be a financial hardship to
construct the.addition at the rear of the home. She stated the
Commission can consider a financial hardship, but that is only one
factor and not the main factor. Weighing all the factors, she
would recommend approval of the variance.
MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend to City
Council denial of variance request, VAR #94-05, by Chris Rodgers,
per Section 205.07.03.D.(1) of the Fridley City Code, to reduce the
front yard setback from 35 feet to 22.4 feet to allow the
construction of an addition on Lot 3, Block 2, Bonny Addition,
generally located at 6050 - 6th Street N.E.
UPON A VOICE VOTE, SAVAGE VOTING NAY, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED.
Dr. Vos stated the reason he voted for denial of the variance is
because, if the variance is approved, he would rather haye the
Council set the precedent and not the Appeals Commission.
Ms. McPherson stated this item will go to City Council on June 6,
1994.
ADJOURNMENT•
MOTION by Ms. Smith, seconded by Dr. Vos, to adjourn the meeting.
Upon a voice vote, all voting aye, Chairperson Savage declared the
motion carried and the May 24, 1994, Appeals Commission meeting
adjourned at 9:50 p.m.
Resp�ctfully su � itted,
� ,� ',c'y �y-� _ �.�--�.
Lyriv�� Saba
Recording Secretary
5M
r �►
�
I
Community Development Department
PI,��NNING DIVISION
City of Fridley
DATE: June 2, 1994 �
TO: William Burns, City Manager ��
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Lisa Campbel�iPlanning Associate
Consideration of Resolution Affirming the City of
Fridley's Commitment to Waste Reduction
The County of Anoka initiated a solid waste abatement fee due with
taxes payable in 1994. We have received tax statements from the
County showing an amount due for solid waste management in excess
of $8,000. The fee is based on improved value of each parcel. The
fee was based on a range of values as shown below:
Improved Values Fee
$0-2,499 $ -0-
$2,500-200,000 $ 79.97
$201,000-500,000 $, 259.72
$501,000-1,000,000 $ 584.21
$1,000,000 + $2,047.71
After receiving the tax statements, the Finance Department staff
met with the Solid Waste Management Division of Anoka County to
initiate the appeal process. As part of the appeal process, the
County provided a reduction of fee for each parcel in the amount
of 400. The County will also provide an additional 20% reduction
if the City passes a resolution affirming its commitment to waste
reduction. The 20% reduction will reduce the payable taxes for the
last half of 1994 by $2,100.
Passage of the resolution will have no affect on the City's current
operations. The City has had a waste reduction policy and an in-
house waste reduction committee in place since March 1993. In
order to receive the additional 20% reduction in the Anoka County
solid waste management fee, staff recommends the City Council
approve the attached resolution.
If you have any questions, please feel free to contact Lisa
Campbell at extension 594 or Rick Pribyl at extension 520.
LC:ls
M-94-290
�
RESOLUTION NO. - 1994
A RESOLUTION AFFIRMING TFIE CITY OF FRIDLEY'S
COMMITMENT TO WASTE REDUCTION
WHEREAS, the City of Fridley acknowledges the benefit to the City,
its citizens, the public health, and the environment resulting from
the Anoka County Integrated Solid Waste Management System;
WHEREAS, the Minnesota Legislature has established a hierarchy of
preferred waste management practices set forth in Minnesota Statute
115A.02 and incorporated into Anoka County's Solid Waste Management
Master Plan, encouraging waste reduction and recycling as the
highest priority for the State with the goal of abating the use of
landfills;
WHEREAS, the Legislature has required in Minnesota Statute 473.848
that all waste generated in the metropolitan area be processed to
further abate landfills;
WHEREAS, the City of Fridley wishes to promote the goals of waste
reduction, recycling, and landfill abatement in order to protect
its citizens, the public health, and the environment.
NOW, TIiEREFORE, BE IT RESOLVED that the City of Fridley agrees to
use its best efforts to recycle 50% of the waste generated on its
tax-exempt properties and to reduce the amount and toxicity of the
waste it generates by implementing policies adopted by the Solid
Waste Management Coordinating Board on October 28, 1992.
PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THZS
DAY OF , 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
• �
WTLLIAM J. NEE - MAYOR
En<;�^E'c'r �1':
Sewer
i':d:Cr
f�<+'k,5
.`i1rCE'ti
�V:.::flie�n.J^.CC:'
� ME MaRAND�IJM
TO: William W. Burns, City Manager ��'� PW94172
�
FROM: John G. Flo �Public Works Director
Scott Erickson, Assistant Public Works Director
DATE: June 6, 1994
SUBJECT: Award of Street Improvement Project No. ST. 199411 (Slurry Seal)
As a variation to our yearly sealcoat program, we have solicited bids to slurry seal
approximately three (3) miles of streets within the City. On May 17, 1994, we opened the bids
for Street Improvement Project No. ST. i99411 (Slurry Seal). Five potential bidders received
specifications and one (1) bid was received. The low bidder was Struck and Irvvin Paving from
Madison, Wisconsin, with a total bid of $54,745.02. Struck and Irwin Paving has successfully
performed work for the City of Mendota Heights, MN, for a number of years.
The 1994 sealcoat budget is $224,000.00 plus a$5,000 MnDOT grant for a total of $229,000.
The 1994 sealcoat project was awarded for $191,358:04, leaving a balance of $37,641.96 plus
we will need to reappropriate an additional $17,103.06 for the slurry seal project. We could
either reduce the sealcoat project by approximately S streets or the slurry seal project by
approximately 5 streets and postpone sealing these streets until the following year: Another
alternative would be to not perform any slurry sealing and add these streets to the 1994
sealcoat project.
As we reviewed our budget items, we identified the Stinson Boulevard upgrade budget amount
of $110,000. Based upon our most recent estimates and contributions from Ramsey County
and Mounds View, we anticipate that project to come in around $80,000, for a savings of
approximately $30,000. Stiil to be opened are the bids for replacement of Kerry Lane estimated
at $75,000, the Central Avenue bike path at $65,000 and the University Avenue bike path at
$60,000. I believe these numbers are reasonable, which would indicate that in the total street
reconstruction program there are sufficient funds to accomplish all of the identified work.
We recommend that the City Council award the Street Improvement Project No. ST. 199411
(Slurry Seal) to Struck ar�d Irwin Paving for $54,745.02.
JGF:cz
Attachments
��
�
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BID FOR PROPOSALS
STREET IMPROVEMENT PROJECT NO. ST 199411 (SLURRY SEAL)
TUESDAY, 17 MAY, 1994, 10:00 A.M.
. P;LANHOLQER BID BOND.: . TOTAL i
BID
Struck & Irwin Paving 5% Capital $54,745.02
812 Williamson St
Madison WI 53703
Allied Blacktop NO BID
10503 89th Ave
Maple Grove MN 55369
Astech NO BID
P O Box 1025
St Cloud MN 56302
Impact NO BID
6301 Wayzata Blvd
St Louis Park MN 5541fi
Scott Construction Inc NO BID
P O Box 340
Lake Delton WI 53940
7A
1994 SEALCOAT/SLURRY SEAL BUDGET
1994 Sealcoat/Slurry Seal Budget
MnDOT Grant for Sealcoat
1994 Sealcoat Cost
1994 Slurry Seafcoat
=
$224, 000.00
5, 000.00
$229,000.00
191,358.04
$ 37,641.96
54, 745.02
$(17,103.06)
CAPITAL IMPROVEMENT PROGRAM
- PROJECT AREA
STREETS
.;�A�">'.`. 1993
1993 OVERLAY PROJECT STREET FUND
1993 SEALCOAT PROGRAM STREET �UND
1993 STREET RECONSTRUCTION PROGRAM STREET FUND/MSAS
EMERGENCY VEHICLE PREEMPTION (EVP)
INSTALLATIONS STREET FUND
UNIVERSITY AVE. BIKEWAY STREET FUND
TOTA� PROJECT FOR
;���::`':': 1994
E. RIVER RD. UPGRADE-PH II STREET FUND
*MAIN STREET STREET FUND
1994 OVERLAY PROJECT STREET FUND
1994 SFJ�LCOAT PROGRAM STREET FUND
1994 STREET ftECONSTRUCTiON PROJECT STREEf FUND/MSAS
TOTAL PROJECT FOR
;>Y�; :::> 1995
1995 OVERLAY PROGRAM STREEf FUND
1995 SFJ�LCOAT PROGRAM STREET FUND
1995 STREET RECONSTRUCTION PROJECT STREET FUND/MSAS
TOTAL PROJECT FOR
���' 1996
E. RIVER RD. MEDIAN UPGRADE STREE7 FUND
1996 OVERIAY PROJECT STREET FUND
1996 SEALCOAT PROGRAM STREET FUND
1996 STREET RECONSTRUCT PROGRAM STREET FUND/MSAS
* NEW PROJECTS
TOTAL PROJECT FOR
7C
March 14, 1994
263,000.00
35,000.00
209,000.00
30,000.00
125,000.00
$662,000.00
110,000.00
100,OOO.QO
100,000.00
224,000.00
500,000.00
$1,034,000.00
90,000.00
140, 000.00
500,000.00
$730,000.00
55,000.00
100,000.00
� as,00a.00
500, 000.00
$801,000.00
F.nr,�^eer,;.ir.
Serier
1': a :: r
Pr'k5
Slr.,�ts
tJ,: nte,^.a^cc�
� � � � � � � ME MORANDUM �
TO: William W. Burns, City Manager �� PW94-180
� fi
FROM: John G. Flora, Public Works Director
DATE: June 6, 1994
SUBJECT: Columbia Heights Joint Powers Agreement — Sealcoating
Columbia Heights is proposing to sealcoat the streets on our municipal boundaries of 45th
Avenue from Main Street to University and the University East Service Road from 45th Avenue
to 53rd Avenue. As these are joint streets between the two cities, they have prepared a Joint
Powers Agreement for the maintenance and sealcoating of those streets. It is estimated that
the City's cost for sealcoating our half of the boundary streets amounts to $9,106.94.
As a means of maintaining our City street responsibilities and ensuring good will between our
neighboring municipality, I recommend the City Council authorize the execution of the Joint
Powers Agreement with Columbia Heights for the University Avenue East Service Road and 45th
Avenue sealcoating project proposed to be completed in 1994.
I also recommend the City Council authorize the supplemental transfer of funds for this
improvement from our Street Maintenance Fund.
JGF:cz
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■
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LETTERED STREETS
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Ironton St. t� p-1
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STREET INDEX
Able St. t.F. �-�, �_y
Al�� Ciccle !.i o-z
Alden Way �.:. 3-1. C-=, c_2
Altura Hu3d HE h_3 .
. /4vla Ave. h. �z �,
'. Anoka St. [.^ �6 i
Apex Iane t.i ?3-1
Arthur St. h;, C-6. E-6, G-6
llshton Ave. 1+E B-2.F�2.F-2rp-2
z -2
Barnn Drive h'E �-F
flakPL AVe. t�t F_�
Bakec St. hE (Traile; R. C-S
Beke[ St. NE ��
Ballet Blvd. tvE C-a
Beed� St_ I�E ry-]
bP11d1Ie Ncy (v% g-j
Benjaain St. nE G'C
Ben 1Ure Dzive h;, f-G
Nennett Dtive NE r�;
F+�rne Wvd �.: Cir. E �;; I{
13c�1�n.'wf Jucticm t:� h-(
Brenrcr F ss t.?:, E i b� ;:{
IfriarcUlc CLu[t :. 'r{,
Bfie[dije }ri�,,�� h� � ��y
� _�.,�� a�.., ,. � �
nrcud Avc. ;� :�-:, [;-1
PmoY.vic.�y�r tc - ;
dl1('jld.^al:l0 ��
ik�ffalo S� . : �1
California St. [� �z
Camelot St. hE �-5
CaPita� S[. tg I-3
Carol Ciccle NE p-;
Carol Drive NE p_;
Carrie Lane tg � N-4. F:-5
Center Cir. (Trailec Ct.) C-5
Central Ave. t� �� C-Sr G-S
Qianrel Road NE E-5
Q�arles St NE �z
�ase Island Rn�d NE �:
Q�eci Iane 4 Circle NE �<
Q�ecyl St. tg �B-1
Q�es�' Way NE C-2
Qeatviet+ STREET NE I-3
C3wer Place Ig E-<
�met Ia++e I� � F-3
Comn�ecce arcle NE o-3
Conaoecce Lane ig C-3
Conoerto (Lcve NE C-:
Qaig Way NE C-2
Craigbrook Wry ig � E-'t
Czeek Park Lare pg E-£
Crarn Rcad NE Fr3
Odtld COULC I`IE L-f�
Dellvood Drive NE � p_�
Dover St. NE g_1
Fast Bavatian Pass NE y,-5
Fast Cl�nube Rasd NE !?-6
fast Oberlin Circle t7i F;-5
Fast River Road NE A-2, Ir2
P1m St. Ig �2
Ely Circle NE �1
Ely St. !g B-1. B-2
�4ezt Court t� C-6
Fairnant Circle t� �1
FairnanT St. [� B-1
eerndale Ave. I� �6
FilLnoce St. A�E H-5, I-5
Fireside Orive NE C-5
Fi[vo0d Way NE g..i
Fourmies ave. NE F-;
PriQl<y St_ NE E�
Gardena Ave. hE G-5, �6
Carderu [,ane s Cizcle t7E Cr5
Gcria St. t.'E E-6
Gibralter F�d iJE I_3
Glacier [are iv'E 1_5
Clencoe St. I� g_i
Clrn Creek Ro�d NE �-z
L'.�uia+ood St' hE g_2
Hacqrann pve. t.E G.5
ItacV�nann Circle NE C,-5
FWltnun Ci[cle NE E-z
flathaNay Iane 1� y_.5
iiayrc [t. hF. C_5
He�Ue[ Place 6 Cirele t.T F-5
Ilelcre Place tJE �_�
tiickory St. FE A(i'2. E-2
Hickocy Dcive, Cir., Place D-2
Hicicory St. NE rY:
13i11cicst D[ivC NE �E
liillvind Hcud Ni: f?-5
Nncizon Circic t:E �}-3
Ilurizon Drive h1i H-3, i-3
Nuyt�es Avc_ h: 7_3
r{«go ;t. .... "_'
Jackson St. t� H-4, C-4, F-S
Janesville St. f� � �1
Jefferson St. ig E-4, Cr4
Jtq�itec ikive NE F-3
Kervuston orive NE e-4
Rerry Circle NE ' p�
Kercy fane t� F..S
Kimball St. tg . A-1
KNISTIN COURT G6
Iafayette St,h'E p-1
Idce Fointe Dtive H-{
Iakeside Frad t� C{,
r.;ti•rty S[. tg B-1.�2
Linmin St. t� j_5
Locke Iake Read t�� - E-2
In9an Patkvay hT_ I}2
�nn9fe7'_or+ SY. t._ B-l.e-:
Lucia lzne A'E z-5
Lyrae Drive NE H-5
Lyric fare t�ff � C-3
�Aadison St. NE C-4, E-4, H-4
Ftain St. tvE B-2. E-2. F2
Narigold Terrace 6L � �3
narshall St. tg K-1, G-1
Mattertarn Circle tg H-5
Catterhorn Drive t� �5, H-S
McRinley St. tg C-6, Cr6, E-6
Me3dn.�rooc Drive NE C-6
Meister Iuxd NE y-5
Melody..tkive I� �-q
MemorY iane Ig �-q
ltercury Drive t� F-3
Meyers Ave. PE D-2
Mississippi Place t� F-2
t4ississippi St. [g F-2, F-5
Mississippi Way t� p-2
Mmzce St. I� E-<, CrC
North [Anube Ro d NF, i!-5
t:orth Irnsbruck Couct NF. ii-5
Nocth Irnsbruck Drive NE H-6
Norih Otetlin Circle NE t�6
North Tinber Ridge NE E-6
Notth Circle (T[aile[ CtJ C-5
Nocton Ave. tg i}5
NORTHCO OHIVE DJ
Oakley St. i Dtive NE E-5
Oakley St. (TraileL Ct.> C-5
Q3kvood 7^ano[ tg G-6
Omndaga St. (Trailec Ct,)C-5
Onondaga Nay (Trailec Ct.)C-5
Orondaqa St. t� �-6
P.;bocne Road NE C-2, C-4, C-6
O;'.ho[ne Nay Ig: C-z
Overton �rive NE e a
Pandota Drive Ig: }}5
Parwrama Ave. NE I-}
Ptv[son Way t1E: I3-1
Piercc St. 1�F. F'-5, ]-i
Pilot Avc. hF. 1-]
Pine 1Yee Iar�e �E; C-G
Ylaza CLrve N!: t; 7
Polk St. t1�: .;-5
�i<������
Joscph Sun�dcvant
Councilmembcrs
Donald G. Jolly
Bruce G. Nawrocki
Gary L. Peterson
Robert �V. Ruettimann
City �tanager
Patrick Hentges
C(TY O� COLUMBIA HEt�HTS
590 40th Avenue \. E.
Columbia Heights, M1�r ��-��"1-��-�
((12) 782-2300
March 11, 1994
Mr. John Flora
Public Works Director
City of Fridley
6431 University Ave. N.E.
Fridley, MN 55432
RE: SEALCOATING
. UNIVERSITY AVENUE SERVICE RD/4�TH AVE.-53RD AVE.
. 45TH AVENUE N.E./MAIN STREET - UNIVERSITY AVENUE
Dear Mr. Flora:
The City of Columbia Heights is proposing to sealcoat the streets in our Southwest
Quadrant and University Avenue Service Rd. during the summer of 1994. We will
be sealing the south half of 45th Avenue from Main Street to University Avenue and
the east half of University Avenue Service Road from 45th Avenue to 53rd Avenue.
The north and west sections of 45th A��enue and University Avenue Service Rd.
respectively would be included in the project if the City of Fridley so desires. The
street surface measures 1,966 square yards on 45th Avenue and 6,820 square yards
on University Avenue Service Rd. We've esrimated a street repair cost of
$3,978.80, sealcoating cost of $4,920.16 and an engineering cost of $207.98 for a
total cost of $9,106.94.
We would appreciate a response after your March 21 or April 4 Council Meeting.
If you decide to proceed with the work, we will submit a Joint-Powers Agreement
for your approval.
If you have any questions, please contact me at 782-2882 or Kathy Young at 782-
2883.
Sincere ,� f
�
Mar A. Winson, P.E.
Pub ic Works Director/City Engineer
MAW:jb
94-14>
�SEfiVICEISO�i��?BUSINESS�� EOUALOP=�=i?UN;-'- _. _._ _ .
vV
JOINT POWERS AGREEMENT' FOR
SEAL COATING CORPORATE LIMIT STREETS
BETWEEN THE CITY OF FRIDLEY AND THE CITY OF COLUMBIA HEIGHTS
This Agreement made and entered into this day of , 1994, by and between
the City of Fridley, Minnesota, a municipal corporation, hereinafter refened to as "Fridley"
and the City of Columbia Heights, Minnesota, a municipal corporation, hereinafter referred to
as "Columbia Heights".
WITNES S ETH:
WHEREAS, the parties to this agreement desire to jointly seal coat the following Corporate
Limit streets:
a. 45th Avenue N.E., Main Street N.E. to Dead End at T.H. 47
b. University Ave. Service Road N.E., 45th Avenue N.E. to 53rd Avenue N.E.
and
WHEREAS, said work will be carried out in accordance with the provisions of Minnesota
Statute 471.59.
The cities have joined together for the purpose of selective road patching and seal coating
certain streets.
NOW, THEREFORE, IT IS AGREED by and between the parties:
1. Columbia Heights shall provide all engineering services and shall cause the
construction of Columbia Heights Project #9401 in conformance with said
specifications. Fridley shall pay Columbia Heights the lesser of:
a. 'I'he actual cost for engineering services provided, or
b. 10% of Fridley's share of the seal coating cost ($307.51).
The letting of bids and the acceptance of all bid proposals shall be done by Columbia
Heights.
2. Fridley agrees to pay:
a. T'he contract costs of the work which includes all contracted work done
pursuant to bids/quotes or work orders authorized by Columbia Heights
necessary to complete the project.
:
Joint Powers Agreement with Fridley for
Seal Coating Corporate Limit Streets
Page 2
b. "Construction Cost", (if the work is not contracted):
(1) The cost of all labor
(2) Engineering
(3) Materials, and
(4) Equipment rental required to complete the work, provided by Columbia
Heights.
c. Fridley shall pay 100% of seal coating their respective azeas. The square
yardage and estimated costs are shown below:
(1) 45th Avenue N.E.: 1,966 S.Y. @$0.35/S.Y., $688.10
(2) University Avenue Service Rd. N.E.: 6,820 S.Y. @$0.35/S.Y.,
$2,387.00
d. Fridley shall pay 100% of selective road patching for their respective area.
The esrimated cost is $3,978.80.
3. "Estimated costs" are good faith projections of the costs which will be incurred for
this project. Fridley's total "esrimated cost" including everything for the project is
$7,361.41.
4. Upon final acceptance and approval of patching and seal coating by Columbia Heights,
Fridley shall pay Columbia Heights the construction cost according to the contract,
notwithstanding the estimates herein.
5. Fridley and Columbia Heights mutuaIly agree to indemnify and hold harmless each
other from any claims, losses, costs, expenses or damages resulting rrom the acts or
omissions of the respective ofiicers, agents, or employees relating to activities
conducted by either party under this Agreement.
It is understood and agreed that the entire agreement of the parties is contatned herein and
that this Agreement supersedes all oral agreements and all negotiations between the parties
relating to the subject matter thereof, as well as any previous agreement presently in effect
between the parties relating to the subject matter thereof. Any alterations, variations, or
:�
Joint Powers �greement with Fridley for
Seal Coating Corporate Limit Streets
Page 3
modiiications of the provisions �of this Agreement sfiall be valid only when they have been
reduced to writing and duly signed by the parties herein.
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO Ft.?RM:
City Attorney
:
CITY OF FRIDLEY
William Nee
Mayor
William Burns
Ci�ty Manager
CITY OF COLUMBIA HEIGHTS
Joseph Sturdevant
Mayor
Patrick Hentges
City Manager
�
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;�
10
11
�
�' FOR �ONCUR.RENCE BY THE CITY COUNCIL
CsTY O�
fR1DL�Y June 6, 1994
Type of License: By: Approved By:
GAMBLING
LZCEP�78E8
Golden Lions Geo. Morin David Sallman
6(185 7th St.N.E. Public Safety Director
Fridley, MN 55432
FOOD ESTABLISHMEN7 '
Wendy's Wendy's International Inc.
7601 1�'iron Rd. N.E.
Fridley, MN 55432 .
REFUSE HAULER
Becker's Sanitation Ronald Beckers
19447 Baugh St.N.W.
Elk River, P�IN 55330
RETAIL GASOLINE
Avanti Petroleum James P. Hill Richard Larson
5300 Central Ave.N.E. _ Fire Inspector
Fridley, h1N 55432
Avanti Petroleum " " " "
6101 University Ave.N.E.
Fridley, MN 55432
SOLICTIOR
1
North Star Auto. Clubs James Bielicki David Sallman
2534 llth Ave. So. Public Safety Director
Mpl s . t�1N 55404
Sun Ripe Citrus Dennis Froehlich " "
312 Coca St.
Johnson Cr.,WI 53038
TREE REMOVAL
m
Fees:
Exempt
$67.50
$75.00
$60.00
$60.00
$60.00
$b0.00
G.L. Dedeh Tree Serv. Gene Dedeh Paul Lawrence $40.00
17957 Iodine St. N.W. Fublic Works Superintendent
Ramsey, MN 55303 �
One,Two Tree Inc. Jonathan A. Staib " " " $40.00
18547 Lakeview Pt.Dr.
Wyoming, MN 55092
�2
12A
�
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�
FOR CONCURRENCE BY THE CITY COUNCIL
' , �LECTRICAL
JT Electric Service Inc
PO Box 476
Albany MN 56307-0476 � Terry Oehrlein
Marsh Heating & Air Conditioning Inc �
6248 Lakeiand Ave N
Brooklyn Park MN 55428-2937 Kelly Marsh
West Star Electric Inc
6324 Lakeland Ave N
Brookiyn Park MN 55428 James Houg
GAS SERVICES
DJ's Heating & Air Cond Inc
6060 LaBeaux Ave NE
Albertville MN 55301 Donald Savitski
LeVahn Bros Inc �
3200 Penn Ave N
Minneapolis MN 55412 Loren LeVahn
McQuillan Bros Plumbing & Headng Co
452 Selby Avenue �
St �aul MN 55102 Haley Krantz
Marsh Heating & Air Conditioning Inc
6248 Lakeland Ave N .
Brooklyn Park MN 55428-2937- Kelly Marsh
Peterson Bros Sheetmetal
4110 Central Ave NE
Columbia Heights MN 55421 Randy Peterson
GENERAL CO�TRACTOR-COMMERCIAL
Gold Star Builders Inc
12634 Hasting St
ulai�e MN 5��4y y�a�ren Horanson
��3�Ci2.�� �t`ncYne�;trpI? ��i V1L:e4 iI1C
lZ�i� ��s; �✓�iz:�;� L.��:;, :;r i�� �"73� .
Fr:�le_y MP: 55432 Patrick Flaheri_y
;�iiii3l�it;tt� c.'3 �'
5{k}4 2 1I2 St �IE
�?
LICENSES
STATE OF MINN
Same
Same
JOHN PALACIO
Chief Bldg Ofcl
Same
Same
Same
Same
JOHN PALACIO
c:,niei �l�ig Of�l
SAme
C�ENERAL CONTRA.CTOR-RESIDENTIAL
Advance Home Products (2332)
3770 W Br�adway
Robbinsdale MN 55422 Mark Siiverstein
B & B Roofing Service (9042)
b760 Madison St �
Fridley MN 55432 Jerry Bethel
First Choice Exteriors (4266)
2406 Annapolis Ln N #240
Plymauth MN 55441 l�iicholas Dingman
Kloster Kustom Design Inc (4231)
3800 Zenith Ave N
Robbinsdale MN 55422-2319 Steve Kloster
Modeen Company (38b7)
b572 Meadowlark Ln
Maple Grove MN 55369 Ken. Modeen
Mondo Construction (20006592)
7031 15 St N
Oakdale MN 55128 Jay Mondo
Netko Brothers Roofing Inc (6700)
7118 Riverdale Rd
Brooklyn Center MN 55430 Richard Netko
New Covenant Construction (20006112)
5555 Otter View Tr
White Bear Lake MN 55110 Daniel Mottl
North Central Be�ilders {3763)
7401 42 Ave N
Minneapolis MN 55427 Robert Norcross
I'etland 3 R ConstrucNon (8814)
353 W Wheelock Pkwy
St Paul MN SS l l7 James Pelland
Sawhorse Builders (2382)
4740 42 Ave N
R�bbinsdale MN 55422 Dave Dahl
12C
STATE OF MINN
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
�
Skilcract Industries (8107)
1bOl North Innsbruck Dr NE #12b
Fridle_y MN 55432
Viking Home Improvement (4772)
4832 2 1/2 St NE
Fridley MN 55421
I�- EATING
DJ's Heating & Air Cond Inc
6060 LaBeaux Ave NE
Albertville MN 55301
Donald Ballin�er
Lloyd Menell
Donald Savitski
McQuillan Bros Ptumbing & Heating Co
452 Selby Ave
St Paul MN 55102 Haley Krantz
Marsh Heating & Air Conditioning Inc
6248 Lakeland Ave N
Brooklyn Park MN 55428-2937 Kelly Marsh
Modern Heating & AC Inc
2318 1 St NE
Minneapolis MN 554 i 8-3404
Peterson Bros Sheetmetal
4110 Central Ave
Columbia Heights MN 55421
Ward Heating & Air Cond Inc
2830 235 Ave NW
St Francis MN 55070
MASONRY
Concrete Contractors
8510 Park Ave S
Bloomington MN 55420
Hotmlund Masonry
50 4 Ave N
Minneapolis MN 55401
PLUMBING
Blaylock Plumbin� Co
7731 4 Ave S
Richfieid MIV 55423
Terry HutchinSOn
Randy Peterson
Don Ward
Loais Gardner
Tim Holmlund
Michael Bla_ytock
� 2D
Same
Same
JOHN PALACIO
Chief Bldg Ofcl
Same
Same
Same
Same
Same
JOHN PALACIO
Chief Bldg Ofcl
Same
STATE OF MINN
Coppin Plumbing Co
2300 Chateau Ln
Mound MN 55364
Gist Plumbin�
1001 School St
Elk River MN 55330
LeVahn Bros Inc
320Q Penn Ave N
Minneapolis MN 55412
McQuillan Bros Plumbing & Heating Co
452 Selby Ave
St Paul MN 55102
Mid City Mechanical Corp
11927 Flintwood St NW
Coon Rapids MN 55433
Roberts Plumbing Inc
565 S Oak Dr
Vadnais Heights MN 55127
Weld & Sons Plumbing
14244 43 Ave I�
Plymouth MN 55446
PUBLIC SWIMMING POOL
University Avenue Associates
7841 Wayzata Blvd
Minneapolis MN 5�426
US Swim & Fitness
7200 University Ave NE
Fridle_y MN 55432
SIGN ERECTOR
Sign Lan�ua�e
6237 University Ave
. Fridley MN 55432
Lawrence Coppin
Reed Gist
L.oren LeVahn
Haley Krantz
James Poser
Robert Wussler
Donald Weld Sr
AT: 111 83 Avenue NE
AT: 7200 University Ave NE
Jim Golden
12E
Same
Same
Same
Same
Same
Same
Same
JOHN PALACIO
Chief Bldg Ofcl
�
�
cmr of
FIUDLEY
Insituform Central Inc.
6167 North Kent Avenue
Milwaukee, WI 53217
ESTIMATES
JUNE 6, �994
Sanitary Sewer Repair
Project No. 263
FINAL. ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72,793.40
Northwest Asphalt Inc.
1451 County Road No. 8
Shakopee, MN 55379
1993 Street Improvement Project
No. ST. 1993 - 1& 2
FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,833.00
Rainbow, Inc.
7324 36th Avenue North
Minneapolis, MN 55427
1.5 MG Water Improvement
Project No. 212
FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,537.64
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Statement for Services Rendered as
City Prasecuting Attorney for the .
Month of April, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,267.50
13
�
�
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FllidlEY
Schmidt Curb Company
21504 Ahfstrom Avenue
Rogers, MN 55374
ESTIMATES
JUNE 6, i994
Misceilaneous Concrete Curb, Gutter & Sidewatk
Project No. 262
Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,692.12
13A
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
6431. University Avenue N.E.
Fridiey, Minnesota 55432
Honorable Mayor and City Council
City of Fridley
c/o William W. Burns, City Manager
6431 University Avenue N.E.
Fridley, MN 55432
Council Members:
June 6, 1994
CERTIFICATE OF THE ENGINEER
We hereby submit the Final Estimate for Sanitary Sewer Repair Project No. 263, for
Insituform Central, Inc., 17988 Edison Avenue, Chesterfield, MO 63005.
We have viewed the work under contract for the construction of Sanitary Sewer Repair
Project No. 263 and find that the same is substantially complete in accordance with the
contract documents. I recommend that final payment be made upon acceptance of the
work by your Honorable Body and that the one year contractual maintenance bond
commence on May 27, 1994.
Respectfully submitted,
_, �- -- � -'- �" �,:_
- �John G. Flora
Director of Public Works
JT:cz
Prepared
Checked
13B
June 6, 1994
To: Public Works Director
City of Fridley
REPORT ON FINAL INSPECTION FOR
C1TY OF FRiDLEY
SANITARY SEWER REPAIR PROJECT NO. 263
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 and the one-year maintenance bond, starting from the day of the final
inspection that being MaY27, 1994.
._-----
Jon Th on, Co�structio Inspector
ontractor Represe � , (Title)
Robert W. Affholder, President
Insituform Central, Inc.
13C
June 6, 1994
City of Fridley
SANITARY SEWER REPAIR PROJEGT �VO. 263
CERTIFICATE OF CONTRACTOR
This is to certify that items of the work shown in the statement of work certified herein
have been actuai(y furnished and done for the above-mentioned projects in
accordance with the plans and specifications heretofore approved. The final contract
cost is $72,793.40 and the final payment of $72,793.40 for the improvement project
wou(d c.over in fuff, the contractor's ciaims against the City for all labor, materials and
other work down by the contractor under this project.
i decfare under the penalties of perjury that this statement is just and correct. .
INStTUFORM CENTRAL, iNC.
�' ��, � ;
. i�.. ���i .� l�1. - - —
■��• • • •►:!*- •_
13D
June 6, 1994
City of Fridley
SANITARY SEWER REPAIR PROJECT NO. 263
PREVAILING WAGE VERIFICATION
This is to certify that Insituform Central, Inc. has abided by the Frevailing Wage
Provisions as specified by the Minnesota Department of Labor and Industry for Anoka
County.
f declare under the penalties of perjury that this statement is just and correct. �
INSITUFORM CENTRAL, INC.
I /� ♦ �.� / ��
l/laI .� � 1 _ � _
�
�.��- ` • •�• �! - �-
13E
�
CITY OF FRIDLEY
PUBUC WORKS DEPARTMENT
6431 UNIVERSITY AVENUE N_E.
FRIDLEY, MINNESOTA 55432
FROM: City of Fridley RE: Estimate No. 1(FINAL)
Engineering Division Period Ending: 5/27/94
TO: Honorable Mayor and City Council FOR: Insituform Central Inc.
City of Fridley � 17988 Edison Avenue
6431 University Ave, NE Chesterfield MO 63005
Fridley, MN 55432
JOB CODE NO. 602-60-00-415-4530-6005
Dated: June 6, 1994
SANITARY SEWER REPAIR PROJECT NO. 263
61 ST AVENUE NE
PROJECT NO.
__ STATEMENT OF WORK _
� ' Quantity Total
� Estimated Unit ! This` This Total
CONTRACT ITEM i Quantity` Price ,. Unit Estimate Estimate Amount
. ; i
Sanitary Sewer Lining (15 in. CMPj � 438.00 88.80 Lin Ft 438.00 38,894.40 38,894.40
Sanitary Sewer Lining (15 in. CMP) ; 334.00 98.50 Lin Ft 334.00 32,899.00 32,899.00
Mobilization and Demobilization i 1.00 1,000.00 LS 1.00 1,000.00 1,000.00
TOTAL THIS ESTIMATE $72,793.40
13F
Insituform Central Inc.
ESTIMATE NO. 1 (FINAL)
SUMMARY:
Original Contract Amount
Contract additions C.O.# 1
Corstract deductions -
Revised contract amount
Value Completed To Date
Amount Retained (0%)
Less Amount Paid Previousiy
AMOUNT DUE THIS ESTIMATE
CERTIFICATE OF THE CONTRACTOR
$72,793.40
72,793.40
72,793.40
0.00
$72,793.40
PAGE 2
I hereby certify that the work performed and the materials supplied to date under 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 final quantities on the final estimate are correct), and that this estimate is just
and corre nd no part of the "Arriount Due This Estimate" has been received.
By May 31, 1994 "
o tractor's Authorized sentative {Title) Date
Robert W. Affholder, resident
CERTIFICATE OF THE ENGINEER
I hereby certify that 1 have prepared or examined this estimate, and that the contractor is entitled to payment
of this estimate under the contract for reference project.
CITY OF FRIDLEY, INSP OR
By
�
Checked B��
13G
r
L �
Date
Respectfully Submitted,
J /
=" � , ,
, � , � � `
� "..- . L -'� ,- � — .
�/ John G. Flora, P.E.
Public Works Director
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
6431 University Avenue N.E.
Fridley, Minnesota 55432
Honorable Mayor and City Council
City of Fridley
c/o William W. Burrts, City Manager
6431 University Avenue N.E.
Fridley, MN 55432
Council Members:
June 6, 1994
CERTIFICATE OF THE ENGINEER
We hereby submit the Final Estimate for 1993 Street Improvement Project No. ST.
1993 - 1&2, for Northwest Asphalt Inc., 1451 County Road No. 8, Shakopee, MN
55379..
We have viewed the work under contract for the construction of 1993 Street
Improvement Project No. ST. 1993 - 1&2 and find that the same is substantially
complete in accordance with the contract documents. I recommend that final
payment be made upon acceptance of the work by your Honorable Body and that the
one year contractual maintenance bond commence on June 3, 1994.
Respectfulfy submitted,
, � -, ,�
� / � ��-,___-
hn G. Flora
Director of Public Works
JT:cz
Prepared
Checked
13H
June 6, 1994
To: Public Works Director
City of Fridiey
REPORT ON FINAL INSPECTION FOR
CITY OF FRIDLEY
1993 STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1&2
We, the undersigned, have inspected the above-mentioned project and find that the
work required by the contract is substantially compfete in conformity with the plans
and specifications of fhe project.
All deficiencies have been corrected by the coniractor. Also, the work for which the
City feels the contractor should receive a reduced price has been agreed upon by the
contractor.
So, therefore, we recommend to you that the City approve the attached FINAL
ESTIMATE for the contractor and the one-year mainten/��ond, starting from the
day of the final inspection that being Jy�3, 1994.
Jon T�et�ps� Construction Insp�for
131
June 6, 1994
City of Fridley
1993 STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1&2
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 $1,049,436.48 and the final payment of $62,833.00 for the improvement project
� would cover in full, the contractor's claims against the City for all labor, materials and
other work down by the contractor under this project.
I declare under the penalties of perjury that this statement is just and correct.
NORTHWEST ASPHALT, INC.
Thomas Kenriey - Proj � � Coordinator
/�
13J
June 6, 1994
City of Fridley
1993 STREET IMPROVEMENT PROJECT NO. ST. i993 - 1&2
PREVAILING WAGE VERIFICATION
This is to certify that Northwest Asphalt, Inc. has abided by the Prevailing Wage
Provisions as specified by the Minnesota Department of labor and lndustry for Anoka
County.
" I declare under the penalties of perjury that this statement is just and correct.
NORTHWEST ASPHALT, INC.
� I �-� �
Thomas Kenney, Project Co inator
13K
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MINNESOTA 55432
FROM: City of Fridley
Engineering Division
TO: Honorable Mayor and City Council
City of Fridley
6431 University Ave, NE
Fridley, MN 55432
Dated: June 6, 1994
RE: Estimate No. 9 (F1NAL)
Period Ending: 6-03-94
FOR: Northwest Asphalt, Inc.
1451 County Road 8
Shakopee, MN 55379
STREET IMPROVEMENT PROJfCT
NO. ST. 1993 - 18�2
�.
552-00-00-415-4530-9304 - Paving Project - (City) $ � � �- o d
� �_
552-00-00-415-4530-9301 - Street Reconstruction Program (MSAS) $ 2!a
408-00--07-415-4530-4085 - Bituminous Sidewalk Riverview Heights Park $ - � a+�
408-00-07-415-4530-4087 - Moore Lake Beach Parking Lot$ �.°t j;b-�I S o�_
408-00-00-425-4530-4006 - Fire Training Center $ + 3 o=� ��"
r _-
601-60-00-415-4530-6032 - Craig Way, Alden Way & Polk St. Watermain $ '•'1 � C ��--
, :,:;.
STATEMENT OF WORK -`
; <:;: . :.
,; :: ; A
AiTOUNT ::
;; ;
;: >:: > : �STIKAATED t1NIT ? TH1S :TOTAL
s :. . ,
:::
..
;_ CtJNTRAGT;ITEM :; �iJkNTl�lf P..RtCE UNIT ; ESTIMATE ..: TOT/lL .._.:. AMOUNT
PART A
MONROE STREET
SAP # 127-325-01
552-00-00-415-4530-
Remove Bituminous Pavement 300.0 1.00 Sq. Yd. 0.00 300.00 300.00
Saw-Cut Bituminous Pavement 1,000.0 0.50 Lin. Ft. 0.00 1,000.00 500.00
Mill Bituminous Surface 340.0 0.80 Sq. Yd. 0.00 340.00 272.00
Type 41-A Wearing Course Mixture 190.0 23.50 Ton 0.00 181.00 4,253.50
(includes oiq -
Common Excavation 190.0 5.00 C.Y. 0.00 190.00 950.00
Bituminous Material for Tack Coat 130.0 0.80 Gal. 0.00 120.00 96.00
Type 31 Binder (Mix includes oit) 20.0 22.90 Ton 0.00 20.00 458.00
Remove Bftuminous Curb 1,000.0 0.40 Lin. Ft. 0.00 1,000.00 400.00
Furnish Catch Basin Casting Assy 2.0 250.00 Each 0.00 2.00 500.00
Tyhpe 31 A Leveling Course (with oil) 190.0 22.90 Ton 0.00 240.00 5,496.00
Class 5 Aggregate Base 174.0 9.65 Ton 0.00 161.00 1,553.65
Topsoil Borrow 30.0 7.00 Cu. Yd. 0.00 40.00 280.00
Bituminous Driveway 216.0 10.00 Sq. Yd. 0.00 233.00 2,330.00
Concrete Walk 40.0 2.50 Sq. Ft. -0.00 150.00 375.00
Furnish & Install Sign Panels Type C 9.0 22:45 Sq. Ft. 0.00 9.00 202.05
Furnish & Install MH Casting 2.0 250.00 Each 0.00 4.00 1,000.00
�d 450.0 1.45 Sq. Yd. 50.00 490.00 710.50
Class 5 Gradation Test 1.0 50.00 Each 0.00 0.00
Class 5 in Place Density Test 2.0 50.00 Each 0.00 0.00
Concrete Test Cylinder (set of 3) 2.0 45.00 Each 0.00 1.00 45:00
Bituminous Extraction and Gradation 1.0 150.00 Each 0.00 O.bO
Class S Proctor Test 1.0 80.00 Each 0.00 1.00 80.00
Bituminous Air Voids Test 4.0 50.00 Each 0.00 0.00
Concrete Curb & Gutter DEB-618 1,175.0 4.80 Lin. Ft. 0.00 1,060.00 5,088.00
SUBTOTAL - PART A $24,889.70
13L
NORTHWEST ASPHALT, INC. PAGE 2
ESTIMATE NO. 9
AMOUNT
ESTIMATED UNIT THIS : TOTAL
CONTRACT ITEM i! �UANTITY PRICE ` UNI ESTIMATE ' TOTAL ' AMOUNT '
PART A-1
MONROE ST, SAP #127-333-02
(68TH TO RICE CREEK TERR_)
551 -00-00-415-4530-
Common Excavation 460.0 5.00 Cu. Yd. 0.00 460.00 2,300.00
Leveling Type 31 A Course
(includes oil) 525.0 22.90 Ton 0.00 625.00 14,312.50
Agg. Base Class 5, 100°�6 Crushed 426.0 9.65 Ton 10.00 430.00 4,149.50
Mill Bituminous Surface 3,200.0 0.80 Sq. Yd. 0.00 540.00 432.00
Type 31 Binder Course Mixture
(incfudes oil� 70.0 22.90 Ton 9.00 89.00 2,038.10
Type 41 A Wearing Course Mixture 0.00 9.00
(includes oil) 450.0 23.50 Ton 0.00 390.00 9,165.00
Bituminous Material for Tack Coat 500.0 0.80 Gal 0.00 430.00 344.00
Adjust Gate Valve Box 7.0 100:00 Each 0.00 6.00 600.00
Adjust Frame 8� Ring Casting 8.0 150.00 Each 0.00 13.00 1,950.00
Remove Concrete Curb & Gutter 40.0 2.00 Lin. Ft. 0.00 60.00 120.00
Remove Bituminous Curb 2,500.0 0.40 Lin. Ft. 0.00 2,500.00 1,000.00
Remove Bituminous Pavement 700.0 1.00 Sq. Yd. 0.00 700.00 700.00
Sawcut Bitumi�ous Pavement 2,500.0 0.50 Lin. Ft. 0.00 2,550.00 1,275.00
Remove Catch Basin 8.0 230.00 Each 0.00 5.00 1,150.00
B-6-18 Concrete Curb & Gutter 2,580.0 4.80 Lin. Ft. 0.00 2,580.00 12,384.00
Class 5 Gradation Test 1.0 50.00 Each 0.00 1.00 50.00
Class 5 Proctor Test 1.0 80.00 Each 0.00 0.00
Class 5 in PlaceDensity Test 2.0 50.00 Each 0:00 0.00
Bituminous Extraction & Gradation
Test 1.0 150.00 Each 0.00 1.00 150.00
Concrete Test Cylinder (set of 3) 2.0 45.00 Each 0.00 1.00 45.00
Construct Catch Basin Design C or G 8.0 1,450.00 Each 0.00 10.00 14,500.00
12-in. Pipe Sewer Design 3006
Class 4 20.0 52.00 Lin. Ft 0.00 32.00 1,664.00
Topsoil Borrow 120A 7.00 Cu. Yd. 0.00 150.00 1,050.00
Concrete Driveway 200A 20.00 Sq. Yd. 0.00 190.00 3,800.00
Bituminous Driveway 168.0 10.00 Sq. Yd. 0.00 218.00 2,180.00
Sod 1,400.0 1.45 Sq. Yd. 400.00 1,560.00 2,262.00
Furnish & Install Sign Panels Type C 25.5 22.45 Sq. Ft. 0.00 25.50 572.48
Furnish Catch Basin Casting Assy 8.0 250.00 Each 0.00 10.00 2,500.00
Furnish MH Castings 5.0 250.00 Each 0.00 14.00 3,500.00
Bituminous Air Voids Test 1.0 50.00 Each 0.00 1.00 50.00
SUBTOTAL - PART A-t $84,243.58
PART B
BROOKVIEW DRIVE
(MISSISSIPPI ST TO RICE CREEK
TERRACE7, SAP #127-352-01
552-00-00-415-4530-
Remove Bituminous Curb 1,800.0 0.40 Lin. Ft. 0.00 1,800.00 720.00
Remove Bituminous Pavement 1,200.0 1.00 Sq. Yd. 0.00 1,200.00 1,200.00
Saw-Cut Bituminous Pavement 4,400.0 0.50 Lin. Ft. 0.00 4,400.00 2,200.00
13M
NORTHWEST ASPHALT, INC. PAGE 3
ESTIMATE NO_ 9
AMOUNT
ESTIMATED UNIT THIS TOTAL'
CONTRACT ITEM OUANTITY PR10E UNIT ESTIMATE ' TOTAL AMOUNT
PART B - Continued I
Common Excavation 1,000.0 5.00 Cu. Yd. 0.00 1,000.00 5,000.00
Remove Concrete Curb & Gutter 700.0 2.00 Lin. Ft. 0.00 700.00 t,400.00
Agg. Base Class 5, 100°,6 Crushed 760.0 9.65 Ton 0.00 689.00 6,648.85
T`ype 31 Binder Course Mixture
(Leveling) (includes oil) 110.0 22.90 Ton 0.00 110.00 2,519.00
Type 41A Wearing Course Mixture
(includes oil) 825.0 23.50 Ton 0.00 820.00 19,270.00
Bituminous Material for Tack Coat 800,0 0.80 Gal 0.00 750.00 600.00
Type 31A Leveling Course
(oil included) 825A 22.90 Ton 0.00 1,200.00 27,480.00
Adjust Gate Valve Box 3.0 100.00 Each 0.00 3.00 300.00
Adjust Frame and Ring Casting 3.0 150.00 Each 0.00 3.00 450.00
Relocate Catch Basin 2.0 1,600.00 Each 0.00 2.00 3,200.00
Concrete Curb & Gutter, DES B618 4,400.0 4.80 Lin. Ft. 0.00 4,394.00 21,09120
F&1 Sign Panels Type C 22.5 22.45 Sq. Ft. 0.00 22.50 505.13
Re-locate Hydrant 2.0 1,050.00 Each 0.00 2.00 2,100.00
12" RC Sewer Pipe Design 3006 6.0 56.00 Lin. Ft. 0.00 6.00 336.00
Bituminous Driveway 240.0 10.00 Sq. Yd. 0.00 280.00 2,800.00
Furnish MH Casting 2.0 250.00 Each 0.00 3.00 750.00
4" Concrete Sidewatk 80.0 2.50 Sq. Ft.O O.QO 80.00 200.00
Class 5 Proctor Test 1.0 80.00 Each 0.00 0.00
Class 5 in Place Density Test 6.0 50.00 Each 0.00 0.00
Concrete 7est Cylinder (set of 3) 2.0 45.00 Each 0.00 1.00 45.00
BRum. Extraction & Gradation Test 1.0 150.00 Each 0.00 1.00 150.00
Bituminous Air Voids Test 1.0 50.00 Each 0.00 1.00 50.00
Sodding 2,500.0 1.45 Sq. Yd. 400.00 2,600.00 3,770.00
Topsoil Borrow 150.0 7.OD Cu. Yd. 0.00 180.00 1,260.00
Concrete Driveway 65.0 20.00 Sq. Yd. . 0.00 155.00 3,100.00
Remove Catch Basin 1.0 300.00 Each 0.00 1.00 300.00
Mill Bituminous Surface 1,440.0 0.80 Sq. Yd. 0.00 1,440.00 1,152.00
Black Hills Spruce 6 ft Ht B&B 15.0 200.00 Each 1.00 19.00 3,800.00
Clear ar�d Grub 1.0 2,800.00 Lin Ft 0.00 0.50 1,400.00
SUBTOTAL - PART B
PART C
POLK ST (LYNDE TO HATHAWAI�
SAP # 127-338-03
552-00-00-415-4530-
Remove Concrete Curb & Gutter
Remove Bituminous Pavement
Mill Bituminous Surface
Common Excavation
Fumish MH Casting
Agg. Base Class 5, 100% Crushed
Type 31 A Binder Course Mixture
(includes oil)
900.0 2.00 Lin. Ft.
1,500.0 1.00 Sq. Yd.
15.0 10.00 Sq. Yd.
550.0 5.00 Cu. Yd.
1.0 250.00 Each
520.0 9.65 Ton
190A 22.90 Ton
13N
$71"3,/9/.1t3
0.00 920.00 1,840.00
0.00 1,500.00 1,500.00
0.00 15.00 150.00
0.00 950.00 4,750.00
0.00 6.00 1,500.00
0.00 495.00 4,776.75
0.00 � 190.00 � 4,351.00
NORTHWEST ASPHALT, INC. PAGE 4
ESTIMATE NO_ 9
AMOUNT>
EST�MATED UNIT > TNIS TOTAL
CONTRACT ITEM DUANTITY ' PRlCE ` UNIT ESTIMATE! TOTAI AMOUNT
PART C - Continued
Type 41A Wearing Course Mixture
(includes oil) 190.0 23.50 Ton 0.00 188.00 4,418.00
BRuminous Material for Tack Coat 160.0 0.80 Gal 0.00 160.00 128.00
Adjust Gate Valve Box 2.0 100.00 Each 0.00 3.00 300.00
Construct Sanitary MH 1.0 1,950.00 Each 0.00 1.00 t,950.00
Adjust Frame & Ring Casting 2.0 150.00 Each 0.00 6.00 900.00
Concrete Curb 8� Gutter, DES 8618 900.0 4.80 Lin. Ft. 0.00 975.00 4,680.00
Topsoil Borrow 30.0 7.00 Cu. Yd. 0.00 40.00 280.00
Concrete Driveway 90.0 20.00 Sq. Yd. 0.00 60.00 1,200.00
Bituminous Driveway 35.0 10.00 Sq. Yd. 0.00 0.00
F&I Sign Panels type C 9.0 22.45 Sq. Yd. 0.00 9.00 202.05
Corp & Curb Stop 5.0 130.00 Each 0.00 6.00 780.00
6 in. x 6 in. x 6 in. Tee 2..0 370.00 Each 0.00 2.00 740.00
1-in. Copper Type K 150.0 14.60 Lin. Ft. 0.00 159.00 2,321.40
6-in. Gate Valve 2.0 405.00 Each 0.00 2,00 8t0.00
6-in. DIP Watermai� 548A 22.00 tin. Ft. 0.00 556.00 12,232.00
Sodding 500.0 1.45 Sq. Yd. 0.00 600.00 870.00
Class 5 Gradation Test 1.0 50.00 Each 0.00 1.00 50.00
Class 5 Proctor Test 1.0 80.00 Each 0.00 0.00
Class 5 in Place Density Test 2.0 50.00 Each 0.00 0.00
Concrete Test Cylinder (set of 3) 2.0 45.00 Each 0.00 2.00 90.00
Bitum. Extraction & Gradation Test 1.0 150.00 Each 0.00 1.00 150.00
Bituminous Air Voids Test 1.0 50.00 Each 0.00 1.00 50.00
Relocate Existing Retaining Wall 500.00 L.S. 0.00 0.00
Relocate hydrant 2.0 960.00 Each 0.00 0.00
Geotextile Fabric 1,000.0 1.00 S.Y. 0.00 1000.00 1,000.00
Granular Borrow 400.0 8.00 C.Y. 100.00 360.00 2,880.00
Hydrant Extension
SUBTOTAL - PART C $5q�ggg,2p
PART D
LYNDE DR (HILLWIND TO POLK ST}
SAP # 127-338-03
552 -00-00 -415 -4530 -
Remove Bituminous Curb
Remove Bituminous Pavement
Catch Basins
Saw-Cut Bituminous Pavement
Common Excavation
Mill Bituminous Surface
Agg. Base Class 5, 100% Crushed
Type 31-A Binder Course Mixture
(Leveling) (includes oil)
Type 41-A Wearing Course Mixture
(includes oil)
4-in. Sidewalk
1,150.0 0.40 Lin. Ft.
335.0 1.00 Sq. Yd.
2.0 1,450.00 Each
1,200.0 0.50 Lin. Ft.
225.0 5.00 Cu. Yd.
260.0 0.80 Sq. Yd.
165.0 9.65 Tons
60.0 22.90 Tons
215.0 I 23.50 I Tons
169.0 I 2.501 S4. Ft.
130
0.00 1,150.00
Q.00 335.00
0.00 2.00
0.00 1,200.00
0.00 225.00
O.OQ 260.00
0.00 140.00
0.00 46.00
460.00
335.00
2,900.00
600.00
1,125.00
208.00
1,351.00
1,053.40
0.00 212.00 4,982.00
0.00 169.00 422.50
NORTHWEST ASPHA�T, INC. PAGE 5
ESTIMATE NO. 9
AMOUNT
ESTIMATED UNIT THIS TOTAL
< CONT�iACT ITEM : OUANTITY PR10E UNIT ESTIMATE < TOTAL AMOUNT
PART D - Continued
Bituminous Material for Tack Coat � 160.0 0.80 Gal 0.00 160.00 128.00
Rdjust Gate Valve Box � 1.0 100:00 Each 0.00 2.00 200:00
Type 31 A Leveling Course ; 215.0 22.90 Ton 0.00 215.00 4,923.50
Adjust Frame & Ring Casting ; 1.0 150.00 Each 0.00 1.00 150.00
Furnish Catch Basin Casting Assy i 2.0 250.00 Each 0.00 4.00 1,000.00
Furnish MH Casting Assembly � 2.0 250.00 Each 0.00 6.00 1,500.00
Topsoii Borrow 30.0 7.00 Cu. Yd. 0.00 40.00 280.00
Concrete Curb 8� Gutter, DES 8618 1,200.0 4.80 Lin. Ft. 0.00 1,372.00 6,585.60
Bituminous Driveway 70.0 10.00 Sq. Yd. 0.00 80.00 800.00
12-in., RC Pipe Sewer 6.0 56.00 Lin. Ft. 0.00 9.00 504.00
F&I Sign Panels Type C 4.5 22.45 Sq. Ft. 0.00 4.50 101.03
Construct Catch Basin Design C or G 2.0 1,450.00 Each 0.00 3.00 4,350.00
Sodding 650.0 1.45 Sq. Yd. 0.00 720.00 1,044.00
Class 5 Gradation Test 1.0 50.00 Each 0.00 0.00
Class 5 Proetior Test t.0 80.00 Each 0.00 0.00
Class 5 in Place Density Test 2A 50.00 Each 0.00 0.00
Concrete Test Cylinder (set of 3) 2.0 45.00 Each 0.00 1.00 45.00
Bitum. Extraction & Gradation 7est 1.0 150.00 Each 0.00 1.00 150.00
Bituminous Air Voids Test 1.0 50.00 Each 0.00 1.00 50.00
SUBTOTAL - PART D $35,248.03
PART E
79th AVENUE OVERLAY
(MAIN STREET TO TH 4�
SAP # 127-309-07
552-00-00-415-4530-
Remove Concrete Curb & Gutter 20.0 5.00 Lin. Ft. 0.00 0.00
Remove Bituminous Pavement 375.0 1.00 Sq. Yd. 0.00 375.00 375.00
Saw-Cut Bituminous Pavement 500.0 0.50 Lin. Ft. 0.00 500.00 250.00
Common Excavation 100.0 5.00 Cu. Yd. 0.00 100.00 500.00
Special Sidewalk BrickPavers 1,146.0 5.00 Sq. FL 0.00 1,146.00 5,730A0
Agg. Base Class 5, 100°� Crushed 20.0 9.65 Ton 0.00 7.00 67.55
Type 3�A Sinder Course Mixture 20.0 22.90 Ton 0.00 20.00 458.00
(includes oil) i
Concrete Walk � 20.0 2.50 Sq. Ft. 0.00 60.00 150.00
Type 41 A Wearing Course Mixture 800.0 23.50 Ton 0.00 716.00 16,826.00
(includes oil)
Bituminous Material for Tack Coat 600.0 0.80 Gal 0.00 345.00 276.00
Adjust Gate Valve Box 2.0 100.00 Each 0.00 4.00 400.00
Adjust Frame and Ring Casting 2.0 150.00 Each 0.00 2.00 300.00
Concrete Curb & Gutter, DES 6618 320.0 4.80 Lin. Ft. 0.00 306.00 1.468.80
4-in. Solid Line Yel. Poly-Preformed i 120.0 4.00 Lin. Ft. 0.00 120.00 480.00
4-in. Broken Line Yel-Poly-Preform ( 160.0 4.00 Lin. Ft. 0.00 160.00 640.00
Bitum. Extraction 8� Gradation Test I 1.0 150.00 Each 0.00 1.00 150.00
Bituminous Air Voids Test � t.0 50.00 Each 0.00 1.00 50.00
SUBTOTAL - PART E
13P
$28,121.35
NOR7HWEST ASPHALT, INC. PAGE 6
ESTIMATE NO_ 9
-------
AMOUNT
ESTIMATED UNIT THIS TOTAL
CONTRACT ITEM '�UANTITY PRICE : UNIT; ESTIMATE TOTA� " AMOUNT '
PART F
I REGIS DRIVE (REGIS LANE TO
HATNAWAY LANE�
SAP # 127-351-01
552-00-00-415-4530-
Remove Bituminous Curb 1,200.0 0.40 Lin. Ft. 0.00 1,200.00 480.00
Saw-Cut Bituminous Pavement t,200.0 0.50 Lin. Ft. 0.00 1,200.00 600.00
Common Excavation 450.0 5.00 Cu. Yd. 0.00 450.00 2,250.00
Remove Bituminous Pavement 675.0 1.00 Sq. Yd. 0.00 675.00 675.00
Agg. Base Class 5, 100°r6 Crushed 425.0 9.65 Ton 0.00 325.00 3,136.25
Type 31 Binder Course Mixture (Oil) 120.0 22.90 Ton 0.00 120.00 2,748.00
Hydrant Extension 2.5 i20.00 Lin. Ft. 0.00 2.50 300.00
Type 41A Wearing Course Mixture 440.0 23.50 Ton 0.00 459.00 10,786.50
(includes oil)
Bituminous Material for Tack Coat 440.0 0.80 Ga) 0.00 425.00 340.00
Adjust Gate Valve Box 6.0 100.00 Each 0.00 6.00 600.00
Adjust Frame and Ring Casting 4.0 150.00 Each 0.00 5.00 750.00
Concrete Driveway 288.0 20.00 Sq. Yd. 0.00 349.00 6,980.00
Topsoi) Borrow 180.0 7.00 Cu. Yd. 0.00 200.00 1,400.00
Concrete Curb & Gutter, DES 8618 2,400.0 4.80 Lin. Ft. 0.00 2,400.00 11,520.00
Bituminous Driveway 140.0 10.00 Sq. Yd. 0.00 155.00 1,550.00
Concrete Walk 40.0 2.50 Sq. Ft. 0.00 114.00 285.00
Relocate Hydrant 3.0 960.00 Each 0.00 2.00 1,920.00
12-inch RC pipe sewer 6.0 56.00 Lin. Ft. 0.00 78.00 4,368.00
Construct Catch Basin 1,0 1,450.OQ Each 0.00 2.00 2,900.00
Fumish � Install Sign Panels Type C 24.0 22.45 Sq. Ft. 0.00 24.00 538.80
Furnish MH Casting 4A 250.00 Each o.00 6.00 1,500.00
Sodding 1,300.0 1.45 Sq. Yd. 100.00 1,380.00 2,001.00
Class 5 Gradafion Test 1.0 50.00 Each 0.00 1.00 50.00
Class 5 Proctor Test 1.0 80.00 Each 0.00 1.00 80.00
Class 5 in Place Density Test 2.0 50.00 Each 0.00 1.00 50.00
Concrete Test Cyhlinder (set of 3) 2.0 45.00 Each 0.00 2.00 90.00
Bitum. Extraction 8� Gradation Test 1.0 150.00 Each 0.00 1.00 150.00
Bituminous Air Voids Test 1.0 50.00 Each 0.00 1.00 50.00
Mill Bituminous Surface 15.0 5.00 Sq. Yd. 0.00 0.00
Type 31A Leveling Course Mixture 440.0 22.90 Ton 0.00 442.00 10,121.80
(includes oil)
Relocate Catch Basin 7.0 1,600.00 Each 0.00 8.00 12,800.00
Relocate Existing Retaining Wall Lump Su 500.00 0.00 0.00
Crack Sealin 650.0 1.50 Lin. Ft. 0.00 650.00 975.00
SUBTOTAL - PART F $81,995.35
PART G
REGIS LANE, REGIS DRIVE TO
MATTERHORN. SAP #127-350-01�
552-00-00-415-4530-
Remove Concrete Pavement 87.0 15_00 Sq. Yd. 0.00 87.00 1,305.00
Remove Bituminous Curb 1,300.0 0.40 Lin. Ft. 0.00 1,300.00 520.00
Remove Bituminous Pavement 475.0 1.00 Sq. Yd. 0.00 475.00 475.00
� Concrete Pavement 6-in. Thick ___ _ _ 20.0 _ 20.00 . Yd. 0.00 81.00 1,620.00
13Q
NORTHWES7 ASPHALT, INC. PAGE 7
ESTIMATE NO_ 9
, AMOUNT '
ESTIMATED : UNIT ' ' THIS ' TOTAL
' CONTRACT ITEM' DUANTITY PRICE ' UNIT `' ESTIMATE TOTA� AMOUNT <
PART G {Continued)
Saw-Cut Bituminous Pavement 1,500.0 0_50 Li�. Ft. 0_00 1,50Q.00 750.00
Common Excavation 260.0 5.00 Cu. Yd. 0.00 260.00 1,300.00
Mill Bituminous Surface 15.0 5.00 Sq. Yd. 0.00 15.00 75.00
Agg. Base Class 5, 100°�6 Crushed 230.0 9.65 Tons 0_00 180.00 1,737.00
Type 31 Binder Course Mixture 65.0 22.90 Tons 0.00 65.00 1,488.50
(includes oil)
Type 41 -A Wearing Course Mixture 260.0 23.50 Tons 0.00 256.00 6,016.00
(includes oil)
Bituminous Material for Tack Coat 260.0 0.80 Gal 0.00 240.00 192.00
Type 31 A Leveling Course Mixture (Oil) 260.0 22.90 Ton 0.00 285.00 6,526.50
Hydrant Extension 2.0 120.00 Lin. Ft. 0.00 2.00 240.00
Adjust Gate Valve Box 2.0 100.00 Each 0.00 2.00 200.00
Relocate Hydrant and Valve 3.0 1,050.00 Each 0.00 2.00 2,100.00
Adjust Frame and Ring Casting 1.0 150.00 Each 0.00 2.00 300.00
Concrete Driveway 40.0 20.00 Sq. Yd. 0.00 40.00 800.00
Top Soil Borrow 75.0 7.00 100.00 0.00 100.00 700.00
Concrete Curb & Gutter, DES 8618 1,700.0 4.80 Lin. Ft. 0.00 1,514.00 7,267.20
F&I Sign Panels Type C 15.0 22.45 Sq. Ft. 0.00 15.00 336.75
Bituminous Driveway 20.0 10.00 Sq. Yd. 0.00 35.00 350.00
Fumish MH Casting 3A 250.00 Each 0.00 3.00 750.00
Sodding 900.0 1.45 Sq. Yd. 100.00 980.00 1,421.00
Class 5 Gradation Test 1.0 50.00 Each 0.00 1.00 50.00
Class 5 Proctor Test 1.0 80.00 Each 0.00 0.00
Ctass 5 in Place Density Test 2.0 50.00 Each 0.00 0.00
Concrete Test Cylinder (set of 3) 2.0 45.00 Each 0.00 1.00 45.00
Bitum. Extraction & Gradation Test 1.0 150.00 Each 0.00 1.00 - 150.00
Bituminous Air Voids Test 1.0 1.50 Each 0.00 1.00 1.50
Crack Sealin 650.0 1.50 Lin. Ft. 0.00 650.00 975.00
sUts I U 1 Al - F'AH I G $37,691.45
PART H
CHERI LANE, 53RD TO FILLMORE
SAP # 127-319-04
Remove Concrete Curb & Gutter 500.0 2.00 Lin. Ft. 0.00 500.00 1,000.00
Remove Bituminous Curb 3,400.0 0.40 Lin. Ft. 0.00 3,400.00 1,360.00
Remove Bituminous Pavement 1,100.0 1.00 Sq. Yd. 0.00 700.00 700.00
Re-tocateHydrant 2.0 960.00 Each 0.00 2.00 1,920.00
Saw Cut Bituminous Pavement 3,400.0 0.50 Lin. Ft. 0.00 3,400.00 1,700.00
Common Excavation 850.0 5.00 Cu. Yd. 0.00 850.00 4,250.00
Mill Bituminous Surface 20.0 5.00 Sq. Yd. O_00 20.00 100.00
Agg. Base Class 5, 10A°rG Crushed 600.0 9.65 Tons 0.00 500.00 4,825.00
Type 31 -A Binder Course Mixture 740.0 22.90 Tons 0.00 785.00 17,976.50
(Leveling) (includes oil)
Type 41 -A Wearing Course Mixture 740.0 23.50 Tons 0.00 741.00 17,413.50
(includes oil)
13R
NORTHWEST ASPHALT, INC_ PAGE 8
ESTIMATE NO. 9
AMOUNT
ESTIMATED :UNIT THIS TOTAL
CONTAACT (TEM QUANTITY PRtCE < UN(T ESTiMATE' TOTAL ' AMOUNT
PART H (Continued)
Bituminous Material for Tack Coat 650.0 0.80 Gal. 0.00 575.00 460.00
12-inch f?CP Storm Sewer 70.0 50.00 Lin. Ft. 0.00 6.00 300.00
Adjust Gaie Valve Box 2.0 100.00 Each 0.00 4.00 400.00
Type 31 Binder Mix with Oil 140A 22.90 Ton 0.00 140.00 . 3,206.00
Consiruct Caich 8asin Dgn "C" 8"G" 4.0 1,300.00 Each 0.00 3,00 3,900.00
Adjust Frame and Ring Casting 3.0 150.00 Each 0.00 3.00 450.00
Concrete Walk 40.0 2.50 Sq. Ft. 0.00 380.00 950.00
Topsoi) Borrow ' � 80.0 7,00 Cu. Yd. 0.00 _ 220,00 1,540.00
Concrete Curb & Gutter, DES 8618 3,900.0 4.80 �in. Ft. 0.00 3,900.00 18,720.00
F&I Sign Panels Type C 21.0 22.45 Sq. Ft. 0.00 21.00 471.45
Furnish Gatch Basin Casting Assy 3.0 250.00 Each 0.00 4.00 1,000.00
Solid Line Yelbw (Poly Preformed) 360.0 4,00 Lin. Ft. 0.00 360,00 1,440.00
4-in. Wide Broken Yellow Line 290.0 4.00 Lin. Ft. 0.00 290,00 1,160.00
(Poly-Preform)
2-in. Wide Stop Line White 45.0 21.00 Lin. Ft. 0.00 45.00 945.00
(Poly-preformed)
Sodding 2,200.0 1.45 Sq. Yd. 0.00 2,620.00 3,799.00
Class 5 Gradation Test 1.0 50.00 Each 0:00 0.00
Class 5 Proctor Test 1.0 80.00 Each 0.00 0.00
Class 5 in Place Density Test 2.0 50.00 Each 0.00 0.00
Concrete Test Cylinder (set of 3) 2.0 45.00 Each 0.00 2.00 90.00
Bitum. Extraction & Gradation Test 1.0 150.00 Each 0.00 1.00 150.00
Bituminous Air Voids Test 1.0 50,00 Each 0.00 1.00 50.00
SUBTOTAL - PART H $90,276.45
PART1
FILLMORE STREET
53R� TO CHERI LANE
Remove Concrete Curb & Gutter 20.0 5,00 Lin. Ft. 0.00 20.00 100.00
Remove Bituminous Curb 1,350.0 0.40 Lin. Ft. 0.00 1,350.00 540.00
Remove Bituminous Pavement 375.0 1.00 Sq. Yd. 0.00 375.00 375.00
Relocate Catch 8asin 3.0 1,600.00 Each 0.00 3.00 4,800.00
Saw-Cut Bituminous Pavement 1,350.0 0.50 Lin. �t. 0.00 1,350.00 675.00
Common Excavation 250.0 5.00 Cu. Yd. 0.00 250.00 1,250.00
Mill 8itum+nous Surface 15.0 5.00 Sq. Yd. 0.00 0,00
Agg. Base Class 5, 100°k Crushed 235.0 9.65 Ton 0.00 160.00 1,544.00
Type 31 -A Binder Course Mixture 250.0 22.90 Ton 0.00 275.00 6,297.50
(Leveling) (includes oi!) .
Type 41-A Wearing Course Mixture 250.0 23.50 Ton 0:00 245.00 5,757.50
(includes oil)
Bituminous Material for Tack Coat 200.0 0.80 Gal 0.00 150.00 120.00
Type 31 Binder Course Mixture 85.0 22.90 Ton 0.00 85.00 1,946.50
(includes oil)
Adjust Gate Valve Box 3.0 100.00 Each 0.00 5.00 500.00
Class 5 in Place Density Test 2.0 50.00 Each 0.00 0.00
Adjust Frame and Ring Casting 4.0 150.00 Each 0.00 8.00 1,200.00
13S
NORTHWEST ASPHALT, INC. PAGE 9
ESTIMATE NO_ 9
' AMOUNT
EST(MATED UNIT THtS TOTAL
CONTRACT ITEM QUANTITY PRICE UNIT ESTIMATE ' TOTAL AMOUNT
�PART I (Continued)
Concrete Driveway 22.0 20.00 Sq. Yd. 0.00 40.00 800.00
7opsoil Borrow 75.0 7.00 Cu. Yd. 0.00 100.00 700.00
Concrete Curb & Gutter, DES 6618 1,350.0 4.80 Lin. Ft. 0.00 1350.00 6,480.Ob
F&I Sign Panels Type C 13.5 22.45 Sq. Ft. 0.00 13.50 303.08
Bituminous Driveway 18.0 10.00 Sq. Yd. 0.00 30.00 300.00
4-in. Wide Broken Yelbw Line (P-P) 110.0 4.00 Lin. Ft. 0.00 110.00 440.00
12-in. RCP 27.0 � 52.00 Lin. Ft. 0.00 27.00 1,404.00
Sodding 7�0.0 1.45 Sq. Yd. 0.00 90a.00 1.305.00
Class 5 Proctor Test 1.0 80.00 Each 0.00 0.00
Concrete Test Cylinder (set of 3) 2.0 45.00 Each 0.00 1.00 45.00
Bitum. Extraction & Gradation Test 1.0 150.00 Each 0.00 0.00
Bituminous Air Voids Test 1.0 50.00 Each 0.00 0.00
JUt! 1 U 1 AL - YAH 1 1 $36,882.58
PART J
53RD AVENUE, FILLMORE TO
MATTERHORN, SAP #127-319-04)
Mobilization Lump Su 15,000.00 0.00 0.60 9,000.00
Remove Bituminous Curb 2,700.0 0.40 tin. Ft. 0.00 2,700.00 1,080.00
Remove Bituminous Pavement 750.0 1.00 Sq. Yd. 0.00 75�.00 750.00
Remove Catch Basin 2.0 250.00 Each 0.00 8.00 2,000.00
Saw-Cut Bituminous Pavement 2,700.0 0.50 Lin. Ft. 0.00 2,700.00 1,350.00
Common Excavation 475.0 5.00 Cu. Yd. 0.00 475.00 2,375.00
Remove Concrete Pavement 87.0 15.00 Sq. Yd. 0.00 87.00 1,305.00
Agg. Base Class 5, 100°� Crushed 375.0 9.65 Ton 0.00 275.d0 d.00
7ype 31-A Binder Course Mixture 700.0 22.90 Ton 0.00 725.00, 16,602.50
(Leveling) (includes oil)
Type 41-A Wearing Course Mixture 500.0 23.50 Ton 0.00 495.00 11,632.50
(includes oil)
Bituminous Materia( for Tack Coat 350.0 d.80 Gal 0.00 32�.00 260.00
12-inch RCP Storm Sewer 10.0 52.00 Lin. Ft. 0.00 8.00 416.00
Adjust Gate Valve Box 3.0 100.00 Each 0.00 9.00 900.00
Mill Bituminous Surface 945.0 0.80 Sq. Yd. 0.00 945.00 756.00
Construct Catch Basin Dgn "C" &"G" 4.0 1,450.00 Each 0.00 7.00 10,150.00
Adjust Frame and Ring Casting 6.0 150.00 Each 0.00 5.00 750.�
Concrete Driveway 400.0 20.00 Sq. Yd. 0.00 520.00 10,400.00
Topsoil Borrow 180.0 7.00 Cu. Yd. 0.00 260.00 t,820.00
Concrete Curb & Gutter, DES 8618 2,700.0 4.80 Lin. Ft. 0.00 2,652.00 12,729.60
F&I Sign Panels type C 27.0 22.45 Sq. Ft. 0.00 27.00 606.15
Bituminous Driveway 60.0 10.00 Sq. Yd. 0.00 75.00 750.00
Concrete Pavement 6-in. Thick 20.0 20.00 Sq. Yd. 0.00 53.00 1,060.00
Fumish Manhole Casting 6.0 250.00 Each 0.00 7.00 1,750.00
Keystone Retaining Wall 468.0 15.00 Sq. Ft. 0.00 468.00 7,020.00
Sodding 1,600.0 1.45 Sq. Yd.. 0.00 1,760.00 2,552.00
Type 31 Binder Course (includes oil) f 00.0 22.90 Ton 0.00 100.00 2,290.00
Furnish Catch Basin Casting Assy 2.0 250.00 Each 0.00 5.00 1,250.00
Class 5 in Place Densit Test 1.0 50.00 �ach 0.00 1.00 50.00
13T
NORTHWEST ASPHALT, INC. PAGE 10
ESTIMATE NO. 9
SUBTOTAL - PART J $101,894.75
PART K - DELETED
PART L
MOORE LAKE PARKING LOT
Remove.Concrete Curb & Gutter 80.0 3.00 Lin. Ft. 0.00 100.00 300.00
Granular Borrow 800.0 8.00 Cu. Yd. 0.00 798.00 6,384.00
Grouted Rip-Rap 20.0 70.00 Cu. Yd. 0.00 20.00 1,400.00
Common Excavation 1,650.0 5.00 Cu. Yd. 0.00 1,640.00 8,200.00
Agg. Base Class 5, 100°k Crushed 1,000.0 7.50 Ton 0.00 993.00 7,447.50
Geotextile Fabric 3,000.0 1.00 Sq. Yd. 0.00 1,400.00 1,400.00
Type 31-A Binder Course Mixture 200.0 26.25 Ton 0.00 232.00 6,090.00
(Leveling) (includes oii)
Brick Paving Stone 110.0 5.00 Sq. Ft 0.00 110.00 550.00
Type 41-A Wearing Course Mixture 285.0 27.40 Ton 0.00 350.00 9,590.00
(includes oil)
Bituminous Material for Tack Coat 180.0 0.80 Gal 0.00 175.00 140.00
6-in. Concrete Pavement 100.0 20.00 Sq. Yd. 0.00 135.00 2,700.00
Topsoil Borrow 100.0 7.OQ Cu. Yd. . 233.00 429.00 3,003.00
Concrete Curb & Gutter, DES 6618 900.0 4.80 Lin. Ft. 0.00 1,152.00 5,529.60
Sodding 2,OOb.O 1.45 Sq. Yd. 710.00 710.00 1,029.50
4-in. White Striping (Paint) 600.0 0.50 Lin. Ft. 0.00 700.00 350.00
Metal Bollards Removable 4.0 250.00 Each 1.00 7.00 1,750.00
JUtf 1 V 1 A� - t'At{ I L $55,863.60
PART M
FIRE TRAINING CENTER
Clear and Grub Roadways 0.5 2800.00 Acre 0.00 0.50 1,400.00
Common Excavation 2,000.0 5.00 Cu. yd. 0.00 2,000.00 10,000.00.
Granular Borrow 1,000.0 8.00 Cu. Yd. 0.00 1102.00 8,816.00
Agg. Base Class 5, 100°�6 Crushed 265.0 12.00 Ton 0.00 322.00 3,864.00
Type 31 Binder Course Mixture (Oil) 330.0 24.20 Ton 0.00 239.00 5,783.80
Hydrant Extension 250.0 120.00 Lin. Ft. 0.00 2.50 300.00
Type 41-A Wearing Course Mixture 330.0 27.00 Ton 0.00 234.00 6,318.00
(includes oil)
Bituminous Material for Tack Coat 200.0 0.80 Gal 0.00 150.00 120.00
Tie into MH 1.0 325.00 Each 0.00 1.00 325.00
MH Furnish Casting 1.0 250.00 Each 0.00 2.00 500.00
Topsoi� Borrow 100.fl 7.00 Cu. Yd. 25.00 150.00 1,050.00
Concrete Curb & Gutter, DES 8618 1,100.0 4.80 Lin. Ft. 0.00 998.00 4,790.40
6-in. DIP Watermain 244.0 20.00 Lin. Ft. 0.00 234:00 4,680.00
13U
NORTHWEST ASPHALT, INC_ PAGE 11
ESTIMATE NO. 9
AMOUNT ,
ESTIMATED UNIT THIS TOTAL
' CONTRACT ITEM DUANTITY PRICE ' UNIT ESTIMATE TOTAL `AMOUNT
PART M (Continued) I
Cable Crete � 300.0 10.00 Sq. Ft. 0.00 252.00 2,520.00
Concrete Pavement 6-in. Thick i 540A 20.00 Sq. Yd. 0.00 583.00 11,660.00
Sewer Clean-out 2A 150.00 Each 0.00 2.00 300.00
Corporation and Curb Stop � 1.0 t50.00 Each 0.00 2.00 300.00
6-in. x 6-in. x 6-in. Tee ' 1.0 850.00 Each 0.00 2.00 1,700.00
Seed Mixture 5 � 2�.0 2.00 Lb 0.00 0.00
Sodding 1,000.0 1.45 Sq. Yd. 820.00 820.00 1,189.00
Mulch Material, Type t 1.0 400.00 Ton 0.00 0.00
Disc Anchoring 0.5 100.00 Acre 0.00 0.00
Commercial Fertilizer Anal 10-20-20 250.0 0.20 Lb 0.00 0.00
12-in. RC Storm Sewer Design 20.0 40.00 Lin. Ft. 0.00 52.00 2,080.00
3000 Class 4
12" RCP Apron with Trash Guard 2.0 725.00 Each 0.00 2.00 1,450.00
Grouted Rip-Rap 20.00 70.00 Cu. Yd. 0.00 20.00 1,400.00
6-in. PVC Sanitary Sewer Pipe 320.0 15.00 Lin. Ft. 0.00 314.00 4,710.00
1-in. Type K Copper 15.0 13.00 Lin. Ft. 0.00 72.00 936.00
6-in. Gate Valve 1.0 550.00 Each 0.00 1.00 550.00
Hydrant Assy with Gate Valve 1.0 t,650.00 Each 0.00 2.00 3,300.00
Roadside Seeding 0.5 100.00 Acre 0.00 0.00
Wier Skimmer 1.0 1,350.00 Each 0.00 1.00 1,350.00
8-ft High Chain Link Fence with 400.0 19.00 Lin. Ft. 0.00 400.00 7,600.00
3 Strands of Barbed Wire
12-ft Type 11 Double Swing Gates 2.0 900.00 Each 0.00 2.00 1,800.00
Sanita MH 2.0 1,350.00 Each 0.00 2.00 2,700.00
SUBTOTAL - PART M $93,492.20
PART N
CITY OVERLAYS
Mill Bituminous Surtace 50.0 5.00 Sq. Yd. 0.00 50.00 250.00
Type 41-A Wearing Course Mixture 800.0 27.00 Ton 0.00 640.00 17,280.00
(includes oil)
Bituminous Material for Tack Coat 600.0 0.80 Gal 0.00 325.00 260.00
Adjust Gate Valve Box 2.0 100.00 Each 0.00 5.00 500.00
Adjust Frame and Ring Casting 5.0 150.00 Each 0.00 4.00 600.00
4" Double Yelbw (Poly-Preformed) 633.0 4.00 Lin. Ft. 0.00 1,266.00 5,064.00
4-in. Broken YeAow �ine 400.0 4.00 Lin. Ft. 0.00 60.00 240.00
Arrow 2.0 200.00 Each 0.00 2.00
4-in. Broken Line White (Poly-Pre� I 170.0 4.00 Lin. Ft. 0.00 60.00 240.00
24-in. Wide Stop-Line White 80.0 21.00 Lin. Ft. 0.00 33.00 693.00
(Poly-Preformed)
Crosswalk Markin Po -Preformed 45A 11.00 . Ft. 0.00 234.00 2,574.00
JU[� I V I AL - F'AH 1 N
13V
$27,701 _00
NORTHWEST ASPHALT, INC_ PAGE 12
ESTIMATE NO_ 9
- --
; AMOUNT
ESTIMATED ` UNIT < THIS ' TOTAL
CONTRACT ITEM QUANTITY `PRICE ` UNIT ESTIMATE TOTAL > AMOUNT '
PART O �
RIVERVIEW HEIGHTS BITUMINOUS
SIDEWALK
Remove Concrete Curb & Gutter 10.0 10.00 Lin. Ft. 0.00 0.00
Common F�ccavation 1,200.0 5.00 Cu. Yd. 0.00 1,200.00 6,000.00
Aggregate Base Class 5 700.0 9.00 Ton 0.00 702.00 6,318.00
Type 41 -A Wearing Course , 325.0 40.00 Ton 0.00 314.00 12,560.00
Topsoil Borrow 96.0 7.00 C.Y. 96.00 96.00 672.00
Grouted Rip-Rap 20.0 70.00 Sq. Yd. 0.00 20.00 1,400.00
Seeding with Topsoil Mixture #5 0.5 100.00 Acre 0.75 0.75 75.00
Seed Mixture #5 25.0 2.00 Lb 37.00 37.00 74.00
Mulch Material Type 1 1.0 800.00 Acre 0.75 0.75 600.00
Disc Anchoring 0.5 100.00 Acre 0.75 0.75 75.00
Commercial Fertilizer Anal 10-20-20 250.0 0.20 Lb 375.00 375.00 75.00
Sod 2,000.0 1.45 . Yd. 500.00 500.00 725.00
JUti l V I AL - YAIi I CJ $28,574.00
PART P
CRAIG WAY/ALDEN WAY
WATERMAIN
Topsoil Borrow 64.00 7.00 Cu. Yd. 0.00 64.00 448.00
Remove Bituminous Pavement 30.0 10.00 Sq. Yd. 0.00 30.00 300.00
Aggregate Base Class 5 10.0 15.00 Ton 0.00 13.00 195.00
Type 31 Binder (includes oil) i0.0 80.00 Ton 0.00 9.00 720.00
Type 41A Wear Course (includes oil) 10.0 80_00 Ton 0.00 9.00 720.00
6-in. GateValve 2.0 550.00 Each 0.00 2.00 1,100.00
6-in. x 6-in. x 6-in. Tee 2.0 850.00 Each 0.00 2.00 1,700.00
8-in. Bends as Indicated 5.0 120.00 Each 0.00 8.00 960.00
6-in. DIP Watermain (Class 52) 440.0 20.00 Lin. Ft. 0.00 450.00 9,000.00
Sod 1,750.0 1.45 . Yd. 700.00 1,300.00 t,885.00
JUtS 1 V IAL - YAFi 1 r $16,580.00
PART Q
RESIDENTIAL DRIVEWAYS
Bituminous Driveways 2-1/2 in. mat 3,000.0 7.00 Sq. Yd. 0.00 2,377.00 16,639.00
4-in. base Class 5
Concrete Drivewa s 6-in. 1,500.0 18.00 . Yd. 39.00 1,389.00 25,002.00
SUBTOTAL - PART Q $41,641.00
PART R
7TH STREET
Remove Bituminous Curb
Remove Bituminous Paving
Saw-cut Bituminous Pavement
Common Excavation
B-6-18 Curb & Gutter
Class 5
Adjust Manhole
Adjusi Gate Valve
No. 2331 Binder
No. 2331 Leveling
Fabric
1,850.0
1,500.0
1,850.0
325.0
1,850.0
280.0
6.0
1.0
90.0
340.0
650.0
4.00 Lin. Ft.
1.00 Sq. Yd.
0.50 Lin. Ft.
5.00 Cu. Yd.
4.80 Lin. Ft.
9.65 Ton
150.00 Each
100.00 Each
22.90 Tons
22.90 Tons
1.00 Sa. Yd.
13W
��
• �•
•�
� ••
• �•
� �•
� �•
� ��
� ��
• �•
� �•
1,850.00
1,500.00
t ,850.00
325.00
1.873.00
261.00
4.00
2.00
90.00
340.00
7,400.00
1,500.00
925.00
1,625.00
8,990.40
2,518.65
600.00
200.00
2,061.00
7.786.00
0.00
NORTHWEST ASPHALT, INC. PAGE 13
ESTIMATE NO. 9
- 'AMOUNT
ESTIMATED UNIT THIS " TOTAI
CONTAACT 1TEM OUANTITY' PRtCE UNIT ESTIMATE TOTAL AMOUNT
PART R (Continuedj
Furnish 8� Insta�i Signs 6.00 22.45 Sq. Ft. 0.00 6.00 134.70
Install C.B. 2.0 1450.00 EaCh 0.00 2.00 2,900.00
Tack 275.0 0.80 Gal 0.00 275.00 220.00
No. 2341 Wear 375.0 23.50 Ton 0.00 360•00 8.460-00
Sod 1,600.0 1.45 Sq. Yd. 0.00 1.280.00 1,856.00
Topsoil Borrow 50.0 7.00 Cu. Yd. 0.00 75.00 525.00
Concrete Dr�veway 220.0 20.00 Sq. Yd. 0.00 252.00 5,040.00
Bituminous Air Voids Test 1.0 50.00 Each 0.00 1.00 50.00
Furnish Manhole Casting 4.0 250.00 Each 0.00 4.00 1,000.00
Bituminous Drivewa 410.0 10.00 . Yd. 0.00 410.00 4,100.00
SUBTOTAL - PART R $57.891.75
PART S
HATHAWAY LANE
B-6-18 Curb & Gutter 1,050.0 4.80 Lin. Ft. 0.00 1,094.00 5,251.20
Common Excavation 150.0 5.00 Cu. Yd. 0.00 150.00 750.00
Remove Bituminous Curb 900.0 0.40 Lin. Ft 0.00 900.00 360.00
Saw-cut Bituminous Pavement 900.0 0.50 Lin. Ft. 0.00 900.00 450.00
Class 5 275.0 9.65 Ton 0.00 250.00 2,412.50
Adjust Manhole 1.0 150.00 Each 0.00 5.00 750.00
Adjust Gate Valve 2.0 100.00 Each 0.00 4.00 400.00
Reconstruct Catch Basin 2.0 1,600.00 Each 0.00 3.00 4,800.00
No. 2331 Binder 50.0 22.90 Ton 0.00 48.00 1,099.20
No. 2331 Leveling Mix 160.0 22.90 Ton 0.00 156.00 3,572.40
Tack 150.0 0.80 Gal 0.00 140.00 112.00
Concrete Test Cylinder 1.0 45.00 Each 0.00 1.00 45.00
Bite�minous Extraction & Gradation 1.0 150.00 Each 0.00 �•�
12" RCP 14.0 50.00 Lin. Ft. 0.00 14.00 700.00
No. 2341 Wear 160.0 23.00 Ton 0.00 201.00 4,623.00
Sod 450.0 1.45 Sq. Yd. 0.00 600.00 870.00
Topsoil Barrow 30A 7.00 Cu. Yd. 0.00 66.00 462.00
Concrete Driveway 90A 20.00 Sq. Yd. 0.00 121.00 2,420.00
Bituminous Driveway 60.0 10.00 Sq. Yd. 0.00 60.00 600.00
Furnish & Install Sign 4.5 22.45 Sq. Ft. 0.00 4.50 101.03
Furnish Casting 2.0 250.00 Each 0.00 3.00 750.00
Relocate Hydrant 1.0 1300.00 Each 0.00 1.00 1,300.00
Keystone Retaining Wall 315.00 15.00 Sq. Ft. 0.00 315.00 4,725.00
6" Live Tap 1.0 900.00 Each 0.00 1.00 900.00
H drant Extension 2.5 120.00 Ea. 0.00 2.50 300.00
SUBTOTAL - PART S
13X
$�i,ias.-ss
NORTHWEST ASPHALT, INC.
ESTIMATE NO. 9
SUMMARY:
Original Contract Amount
Contract additions C.O.# 1, ;
Contract deductions -
Revised contract amount
Value Completed To Date
Amount Retained (0)%
Less Amount Paid Previously
AMOUNT DUE THIS ESTIMATE
CERTIFICATE OF THE CONTRACTOR
TOTAL - PART A
TOTAL - PART A-1
TOTAL - PART B
TOTAL - PART C
TOTAL - PART D
TOTAL - PART E
TOTAL - PART F
TOTAL - PART G
TOTAL - PART H
TOTAL - PART 1
TOTAI - PART J
TOTAL - PART K
TOTAL - PART L
TOTAL - PART M
TOTAL - PART N
TOTAL - PART O
TOTAL - PART P
TOTAL - PART Gl
TOTAL - PART R
TOTAL - PART S
GRAND TOTAL
902,467.32
146,977.00
1,049,444.32
1,049,436.48
0.00
986,603.48
$62.833.00
PAGE 14
$24,889.70
$84,243.58
$113,797.18
$54,899 _20
$35,248.Q3
$28,121 _35 •
$81,995.35
$37,691.45
$90,276.45
$36,882.58
$101,894.75
D ELETED
$55,863.60
$93,492.20
$27,701.00
$28,574.00
$16,580.00
$41,641 _00
$57,891.75
$37,753.33
$1.049.436.48
I hereby certify that the work performed and the materiats supp4ied to date under the terms of the contractfor this project,
and ail authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (and
the final quantities on the final esti.mate are correct), and that this estimate is just and correct and no part of the "Amount
Due This Estimate" has been received.
By + SY� �'J�'1�"�
Contractor's Authorized Re
CERTIFICATE OF
I hereby certify that ! F
of this estimate under
`1 >
(Title)
3 or examined this estimate, and that the contractor is entitled to payment
for reference project.
CITY OF F , INSPECTO
�� -
/
BY �-- 2-cr ✓ j /--� ,
- ' � �-L��
Check y F .�', . Jot�c�-�; Flora, Public Works Director
13Y
Enr,�neenng
Sewer
Y:a:er
Pc'ks
Sneef>
�Jd��n;e^�^cc
ME MORANDUM �
TO: William W. Burns, City Manager PW94148
FROM: John G. Flora, Public Works Director
Scott Erickson, Asst Public Works Director��
DATE: May 3, 1994
SUBJECT: Commons Park Water Tower Refurbishing, Project No. 212
Attached is Estimate No. 6(Final) for Commons Park Water Tower Refurbishing, Project No. -
212.
Rainbow, Inc. has successfully completed the project and all forms and paperwork submitted.
Recommend the City Council approve Estimate No. 6(final payment) for Commons Park Water
Tower Refurbishing, Project No. 212 for Rainbow, Inc.
JT/SE/JGF:cz
Attachment
13Z
��
��
FPoDLQ'
May,10, 1994
Honorable Mayor and City Council
City of Fridley
c/o William W. Burns, City Manager
6431 University Avenue N.E.
Fridley, Minnesota 55432
Council Members;
CERTIFICATE OF THE ENGINEER
Commons Park Water Tower Refurbishing, Project No. 212
We hereby submit the Final Estimate for Commons Park Water Tower
Refurbishing, Project No.212 for Rainbow, Inc.; 7324-36th Avenue
North, Minneapolis, MN 55427.
We have viewed the work under contract for the construction of
Commons Park Water Tower Refurbishing, Project N0. 212 and find
that the same is substantially complete in accordance with the
contract documents. I recommend that final payment be made upon
acceptance of the work by you Honorable Body. The one year
warranty inspection was completed on April 22, 1994.
Respectfully submitted,
_ % /��-'/��
�/1
�John G. Flora
Director of Public Works
,
Pre ared b ��� i��
P Y.: _.__._.. . --,-�--- r. ------
�� - • �.
Checked by: ' `
-� � _� ' ��
13AA
May 10, 1994
City of Fridley
COMMONS PARK WATER TOWER REFURBISHING, PROJECT NO. 212
: • • ►��: : • :
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 $384,819.04 and the final payment
of $36,537.64 for the improvement project would cover in full, the contractor's claims against the
City for all labor, materials, and other work done by the contractor under this project.
I declare under the penalties of perjury that this statement is just and conect.
RAINBOW, INC.
President
- -
.
9��oc�v-zHO2.e,,�
May 10, 1994
City of Fridley
': ► . : �•►
This is to certify that Rainbow, Tnc. has abided by the Prevailing Wage Provisions as specified by
the Minnesota Department of Labor and Industry for Anoka County.
I declare under the penalties of perjury that this statement is just and conect.
RAINBOW, INC.
President
13CC
900/009-2802.npr
May 10, 1994
TO: Public Works Director
City of Fridley
REPORT ON FINAL INSPECTION FOR
CITY OF FRIDLEY
COMMONS PARK WATER TOWER REFURBISHING PROJECT NO. 212
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.
So, therefore, we recommend to you that the City approve the
attached FINAL ESTIMA,TE for.the contractor. The one-year
warranty inspection was completed on �ril 22, 1994.
Jon— hompson, C struction Inspector
�
ractor Re resentative
13DD
v
i=INAL �'AY CSTIT��LA7'� CO;v[.MONS PARK WATER TOWER
PROJECT N0. 212
CITY QF FRIDLEY
ENGI:(�tEERING bEPART�NT
6431 1JIVIVERSITY AVENUE NE
FRIAI.,EY, MN 55432
D,ATE:: MAY 10, 1994
TO: Honarable Mayor and Ciiy Council
City of Fridley
b='31 Univer�ity Ati�t:nue NE
Fridley, I�iN 55432
PR.OJECT: Commoru Park Water Tow�r
Refurbis�tin�;
Conttact
Item
1 Mobilization
2 SandblaSting and Coaung of
Tower �xteriar
3 Sanc�bl�sting and Coating of
Tow�r Int�rior
4 Cvntainment of Tower
5 Lc�go
6 $U-u�.tural Repair
7 EiectricaI
$ Val�e Vault & Assoc. b�'ork
i h3n�;: C�-d�r No. I
TOTAL
S L��h1MARY
Revised Contract Arn�unt
Valve C�mpletetl to Date
Amount Retain� (0'10)
L.ess Actti�Ltizt Previqusiy P�id
Amount Due This L;kizrk�ce
�. >.� ,�_���
Re: Estimate Number 6 (Final)
Periixi Ending: 4-34-94
PAGE 1
Contract�r: Rainbow, Inc.
Commerciat & Irzdustrial Pain�ng
7324 - 36th Avenue North
Minneapolis, MN 55427
C�NTRACT PRQGRESS
U:nit Previ�us This
Price Quantity Estimate
��� ( �)
$5,625.00 100.00�'0 4_00�
�94,S7b.00 100.00% 0.�0%
$4S, 8 57', 00
$72,4J9.0(?
�3,8��.00
��2,8:id_QO
$$,a�o.00
�92,5_iO.QQ
3$,1 `i2.C�
100.00�
1 QQ, QO%
IO(}. C}0°•'0
104, 00 �
�o. oa o
90.04�0
O.G�7�
13EE
0-00�
�.�%
0.00�
0.00 0
10.0��"0
10.d0 I
100.00 �
Tutal
Qua ntity
(%)
I OO.IX? l
ioo.00�
100.00�
10a, Qp%
100.OQ�
1()0.00;'0
100.00 %
l0i).00 0
1�.� n
Vatue of Work
Con�plet�d
Go bate
$5,625.{)0
$94,576.UQ
$46,8S7.OQ
$72,�09.04
$3,800.OQ
$S2, 850_ 00
�S,OGO.dO
$92,550.00
��, 1�1�.�
�384,819.04
$384,819.04
-Q
$34$,281.4p
�36,537.6�#
:�� :11 • �.1 •►�:a •:
I hereby certify that the work performed and the materials supplied to date under terms of the coniract for the
referenced project, and all authorized changes thereto, have an actual value under the contract of the amounts shown
on this estimate (and i�e final quantities of the final esrimate are correct), and that this estimate is just and correct and
no part of the amount due this estimate has been received.
By� Date � �
: �1� a � • 11.1 ► ►1�1 :
I herehy cert'sfy that I have prepared or examined this estimate, and that the Contracwr is entitled to payment of this
estimate under the contract for the referenced project.
By ,t� Date � � T ' � 7
Respectfully Subonitted,
CITY OF FRIDLEY
.�
/ .� �
B,� ��"'��----`
Y
G. F1on, P.E.
� Director of Public Works
13FF
900;009-2501.apr