11/07/1994 - 61810
OFFICIAL CITY COIINCIL AGENDA
COIINCIL MEETING
NOVEMBER 7� 1994
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FRIDLEY CITY COIINCiL MEETING
ATTENDENCE SHEET
Moriclay November 7, 1994
"1:30 P.M.
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'x,,;: PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
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FRIDLEY CITY COUNCiL MEETING OF NOVEMBER 7, 1994 paAe 2
PUBLIC HEARING:
East River Road Improvement Project,
Hartman Circle to Glen Creek Road (Ward 3) . . . . . . . . . . . . . 1 - 1 F
OLD BUSINESS:
Second Reading of an Ordinance Amending
Chapter 513 of the Fridley City Code,
Entitled " Regulation of Skateboards,
Rollerskis, Rollerskates and Roiferblades"
to Amend the Word "Roflerblade" . . . . . . . . . . . . . . . . . . 2 - 2B
Consideration of Appointment to Parks and
Recreation Commission (Tabled 9/30/94) . . . . . . . . . . .. ... :- .- 3
Approve Intoxicating Liquor Licens� for The
Sharx Club/Sharx Sports Bar (VVard 3)
(Tabled October 17, 1994) . . . . . . . . . . . . . . . . . . .. . . . 4
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1994 Page 3
OLD BUSINESS (CONTINUED):
Amended Resolution Confirming Assessment
for 64th Avenue Storm Water Improvement
Project No. 260 (Tabied October 17, 1994) . . . . . . . . . .. . . . 5 - 5B
NEW BUSINESS:
Receive the Minutes of the Planning Commission � _.
Meeting of October 19, 1994: . . . . . . . . . . . . . . . . . . . . 6 - 6U
A. Establish a Public Hearing for November 21,
1994, for a Rezoning Request, ZOA #94-03,
by David Stewart, to Rezone Property from
C-1, Local Business, to R-1, Single Family
Dwelling, to Allow Parking and Dumpster
Placement, Generally Located West of
5720 Polk Street and North of Moore Lake
Apartments (Ward 2) . . . . . . . . . . . . . . . . . .6H - 6M
.......................6R-6S
B. Establish a Public Hearing for November 21,
1994, for a Vacation Request, SAV #94-03,
by Mearlin Nordstrom, to Vacate Part of the
Drainage and Utility Easements Generally
Located at 501 Rice Creek Bou�evard N.E.
(Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . 6M - 60
. . . . . . . . . . . . . . . . . . . . . . .6T-6U
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1994
NEW 6USINESS (CONTINUEDI:
Paae 4
Receive an Item from the Appeals Commission
Meeting of October 25, 1994: . . . . . . . . . . . . . . . . . . . . 7 - 7H
A. Variance Request, VAR #94-27, by Percy
Taylor for Talco, Inc., to Reduce the Rear
Yard Setback from 25 Feet to 15 Feet in
Order to Allow the Construction of an
Addition, General{y Located at 7835 Main
Street N. E.
Approve Springbrook Resource Investigation
ProjecUClean Water Partnership Phase I Resource
Investigation Grant . . . . . . . . . . . . . . . . . . . . . .. . . . 8 - 8D
Approve Master Grant Contract Between the City
of Fridley and Medica Choice . . . . . . . . . . . . . . . . .. . . . 9 - 9G
Approve Placement of Street Light on West
Danube Road Between East Danube Road
and North Innsbruck Drive (Vl/ard 2) . . . . . . . . . . . . .. . . . 10 - 10B
Approve Change Order No. 2 to Locke Park
Filter Plant Project No. 240 . . . . . . . . . . . . . . . . . . .. . . . 11 - 11 C
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 1994
NEW BUSINESS (CONTINUEDI:
Motion to Schedule a Special City Councii Meeting
before the City Council Conference Meeting on
Monday, November 14, 1994 . . . . . . . . . . . . . . . . .. . . . 12
Appointment: City Employees . . . . . . . . . . . . . . . . .. . . . 13
Informal Status Report . . . . . . . . . . . . . . . . . . . . .. . . . 14
Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . 15
Page 5
Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 16 - 16C I
Estirnates . . . . . . . . . . . . . . . . .
ADJOURN:
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THE MINi1T$S OF THE FRIDLEY CITY COIINCIL MEETING OF
OCTOBER 17, 1994
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THE MINiJTEB OF THE REGIILAR MEETING OF THE FRIDLEY CITY COONCIL OF
OCTOBER 17, 1994
The Regular Meeting of the Fridley City Council was called to order
at 7:35 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT:
MEMBERS ABSENT:
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider, and
Councilwoman Bolkcom
None
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PROCLAMATION•
TURN OFF THE VIOLENCE DAY, OCTOBER 27, 1994:_
Mr. Burns, City Manager, read this .proclamation to declare
October 27, 1994 as Turn Off the Violence Day. Mayor Nee issued
the proclamation and encouraged citizens to examine the way they
resolve anger and conflicts and to begin to resolve them without
violent words or actions. --
Maybr Nee presented this proclamation to Rosie Griep of the Police
Department. Ms. Griep stated that Turn Off the Violence Day began
in Minnesota in 1991 and has gone nationwide. She stated that many
states have joined in turning off the violence and encouraged
citizens to turn off violent television programs and to resolve
conflicts without violence. �
APPROVAL OF MINUTES:
COUNCIL MEETING, OCTOBER 3. 1994:
Councilwoman Bolkcom stated that on Page 4, the second to the last
paragraph, the word "has" is to be eliminated on the second line
and inserted after the word "facility" on the third line and to
correct the spelling of the word "for" on the second line.
MOTION by Councilman Schneider to approve the minutes with the
above correction. Seconded by Councilwoman Bolkcom. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 2
ADOPTION OF AGENDA:
Mayor Nee stated that three public hearings are to be added after
Item 2, as follows: Public Hearing on the Assessment for 1994
Service Connections; Public Hearing on Assessment for Street
Improvement Project No. ST 1993 - 1& 2; and Public Hearing on
Assessment for 64th Avenue Storm Water Improvement Project No. 260.
MOTION by Councilman Schneider to adopt the agenda with the above
additions. Seconded by Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
PUBLIC HEARINGS:
1. PUBLIC HEARING ON THE ISSUANCE OF AN INTOXICATING LIOUOR
LICENSE TO THE SHARX CLUB/SHARX SPORTS BAR GENERALLY LOCATED
AT 3710 EAST RIVER ROAD.N.,E. (CONTINUED OCTOBER 3, 1994�
(WARD 3):
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Mayor Nee re-opened this public hearing at 7:40 p.m.
Mr. Pribyl, Finance Director, 'stated that the. Public Safety
Director has been working with the City Manager regarding the
issues of the teen and all age nights for this establishment.
Mr. Burns, City Manager, stated he understood that Council's
direction from the last meeting was for staff to prepare stipula-
tions that might be used should Council wish to allow teen nights
under this liquor license. -------
Councilman Billings stated that he and Councilwoman Bolkcom met
with the Public Safety Director and City Manager to review the
stipulations. He stated that these stipulations would only be used
if Council decided they wanted to allow teen nights. He s,tated
that staff's recommendation is that Council not allow teen nights
at this establishment.
Councilwoman Bolkcom stated.that the stipulations were drafted by
the Public Safety Director if Council approves teen nights. She
stated that the petitioner, Mr. DeFoe, has a copy of those
recommended stipulations.
Councilman Billings stated that at the last meeting, a motion was
made for staff and he and Councilwoman Bolkcom to meet with the
petitioner to draft some stipulations, however, the petitioner was
not at the meeting.
FRIDLEY CITY COONCIL MEETING OF OCTOBER 17, 1994 PAGE 3
Mr. Burns stated he understood that the Council sub-committee was
to meet with staff and the stipulations were to be shared with the
petitioner. Therefore, he takes responsibility for not inviting
the petitioner.
Mr. Sallman, Public Safety Director,�state that the City�Council
had never considered the issue of a"teen night" in a licensed
establishment. The decision on this request would constitute a
policy decision.
Mr. Sallman stated that the issue is not Mr. DeFoe's character,
but the Police Department is charged with the responsibility for
the background investigation. He stated that Council has the
authority to consider past liquor establishments that Mr. DeFoe has
operated. He stated that Mr. DeFoe's establishment in Centerville,
in 1993, had 75 police calls, including six assaults. He stated
that, in comparison, the establishment which Mr. DeFoe wis�ies to
occupy in Fridley had 27 police ca11s and five assaults. He stated
that since Roper's was not in business in 1994, there is no compar-
ison for this year; however, Mr. DeFoe's establishment in Center-
ville had 101 police calls, including eight assaults. He stated
that there are no establishments in Fridley that have a liquor
license that even come close to this number of police calls.
I�r. Sallman pointed out that Mr. DeFoe is operating in a different
environment in Centerville, as Fridley does not allow topless
dancing.
Mr. Sallman stated that staff does not support the request for teen
nights. He stated that some of the problems that arise in this
environment are assaults, weapons violations, and under age
drinking. He stated that as far as an all age night for those
persons fifteen years old to twenty years old, there are different
laws that apply to these age groups in regard to smoking,--�urfew,
and relationships. He felt that it was an inappropri�te mix of
ages.
Mr. Sallman noted in M.S. 340A.503 that the City cannot prohibit
any person eighteen, nineteen or twenty years old from entering a
licensed establishment for the purpose of:
1. working
2. eating meals
3. attending a
establishment
social function in the portion of the
where no liquor-is sold.
Mr. Sallman also noted that it appears that the legislation
recognizes two issues here. First that there is a difference
between adults (eighteen years and older) and children (age
seventeen and younger) and second that eating meals is different
than some other activity such as a teen night.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17� 1994 PAGE 4
Councilman Schneider asked the City Attorney if the City has the
authority to place the proposed stipulations on the liquor license.
Mr. Herrick, City Attorney, stated that Council has broad discre-
tion in refusing to issue a liquor license. He stated it is his
opinion that should Council decide to issue the liquor license,
but want to place some conditions on the license, they have the
authority to do so. He stated that the conditions have to be
reasonable and based on some evidence that they will protect the
health, safety, and welfare of the residents of the community.
Councilwoman Bolkcom stated that the Youth Outreach Worker,
Mr. Thomas, was asked to review this request. She asked if he had
submitted comments.
Mr. Sallman stated that Mr. Thomas also felt the all age nights
were an inappropriate mix of ages, as different laws apply t6��these
age groups.
Mayor Nee asked Mr. DeFoe if he has reviewed the proposed
stipulations.
Mr. DeFoe stated that he has received a copy. He felt that some
of the stipulations are logical, and there are some he would like
to discuss. He stated that it seems the number of police calls to
his establishment in Centerville is a negative. He stated that ___-
they call the golice for a lot of different things, and he felt
that this should not be a negative aspect. He stated'that they
have a good relationship with the police department, and the police
department patrols the parking lot.
Mr. DeFoe stated that teen nights are basically a good thing, as
there is nothing wrong with dancing and socializing. He stated
that all age groups are allowed to go to the beach and.�he_bowling
alleys. He stated that teen night are just another function for
teens to attend. Mr. DeFoe stated that he would propose that there
be no liquor on the premises on teen nights, and he would like the
group to be fifteen year olds to twenty year olds. He stated that
he knows he could run a good establishment that would satisfy
Council.
Mr. DeFoe read letters from Tom Dario, a member of the Centerville
City Council, and Gloria Newbauer in support of teen nights in
Centerville.
Councilwoman Jorgenson stated that there was an article from a
gentleman running for Council in Centerville that eluded to
Mr. DeFoe's business and the numerous police complaints which gives
their city a bad name.
Mr. DeFoe stated that this particular individual complained when
he had a ski show that the waves were coming up on his dock. He
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 17. 1994 PAGE 5
stated that he did not believe there was any law against "kooks��
running for office.
Councilwoman Bolkcom stated that she did not doubt that Mr. DeFoe
has good intentions, but teens face enough challenges today and
she felt the teen nights could not be closely supervised.
Mr. DeFoe felt that he was offering a very closely supervised
activity with no alcohol on the premises.
Mr. Haluska, 5660 Arthur Street, stated that this location is the
north anchor in a series of industrial bars. He stated that he is
familiar with the problems these establishments bring to a
community. He stated that these bars funnel youngsters into the
community to drink and drive. He stated that he is not interested
in supporting expanded police protection for this area, and he did
not want the police acting as bouncers and parking lot supervisors
for the bars. He stated that most of the teen drinking occurs in
the parking lots. He stated that he hopes Council votes against
the liquor license and teen nights.
MOTION.by Councilwoman Bolkcom to receive the two letters submitted
by Mr. DeFoe from Tom Dario dated October 17, 1994 and.Gloria
Newbauer dated October 7, 1994. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously. � __
MOTION by Councilwoman Bolkcom to cTose the public:. hearing.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:30 p.m.
Councilman Billings said the ordinance states that the liquor
license shall not be approved at the same regular me��i�� as the
public hearing. �
Mr. Herrick, City Attorney, stated that Council cannot formally
approve it, but they could give some informal indication if they
were in favor of issuing the liquor license. .
Mr. DeFoe stated that .regardless of teen night, it would be very
important if he could obtain the liquor license because he would
like to open in a few weeks.
Councilwoman Jorgenson asked if the liquor license could be
rejected based on the statistics that were submitted regarding
Mr. DeFoe's Centerville establishment.
Mr. Herrick stated that this could be a factor that Council may
want to consider.
Mayor Nee asked Council to informally give their opinion on the
issuance of the Ziquor license.
FRIDLEY CITY COiTNCIL MBETING OF OCTOBER 17, 1994 PAGE 6
Councilman Billings stated that he would vote for the on-sale
liquor license.
Councilwoman Bolkcom stated that she would not be in favor of a
liquor license without stipulations, as she is against a teen night
and all age night.
Mayor Nee stated that he could support the liquor license with the
stipulation as noted by Councilwoman Bolkcom.
Councilman Schneider stated that before he received information on
the police calls, he could support the liquor license with the
stipulations prohibiting teen night and all age night. He stated
that now, however, he would like a further breakdown on the type
of police calls to Mr. DeFoe's Centerville establishment.
Councilwoman Jorgenson stated that she could not support a-iiquor
license for this establishment.
Mayor Nee stated that Council would take formal:action on this
request for a liquor license at the next regular Council meeting.
2. PUBLIC HEARING TO AMEND CHAPTER 506 CHAPTER 128 AND
CHAPTER 11 OF THE FRIDLEY CITY CODE REGARDING PARKING OF LARGE
COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTY:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by;;Gouncil-
woman Bolkcom. Upon a voice vote, all voting aye, M�yor 'Nee
declared the motion carried unanimously and the public hearing
opened at 8:38 p.m.
Ms. Dacy, Community Deve�3°opmexxi,it..pirector, stated that this public
hearing is to consider amendments to Chapter 506 of th�__Ci�y Code.
She stated that more specifically, it is regarding proposed
amendments to regulate large commercial vehicles on residential
property. .
Ms. Dacy stated that a large commercial vehicle is defined as a
truck, truck-tractor, tractor, trailer, semi-trailer, or bus having
a licensed gross vehicle weight over twelve thousand pounds. She
stated that one large commercial vehicle having a licensed gross
vehicle weight over twelve thousand pounds may be parked on pro-
perty in any residential district provided it meets the following
requirements: (1) the vehicle owner must reside on the property;
(2) the property owner must obtain a permit prior to parking the
vehicle on the property; (3) the vehicle shall be parked on a hard
surface driveway; (4) noise from idling the engine or starting the
vehicle shall not exceed the decibel levels provided for in Chap-
ter 124 of the Fridley City Code; and (5) the permitted vehicle
shall be parked at least ten feet from any prop�rty line.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 17. 1994 PAGE 7
Ms. Dacy stated that recreational vehicles are exempt as well as
school buses (that are parked or stored on church properties and
used in conjunction with church-related activities), and large
commercial vehicles parked at hotels and motels. She stated that
the effective date for this amendment would be March 1, 1995, and
violations of the ordinance could be abated under Chapter 128 of
the City Code.
Ms. Dacy stated that she received a number of comments, both pro
and con, on this proposed ordinance amendment. She stated that the
question was raised if the ordinance applied to boats and boat
trailers but that is not the intent. She stated that in regard to
the section requiring the permit, there was a concern that an owner
may be able to park two different vehicles on the property with
each havirig a 120 day permitted period. She stated that the intent
was to limit the parking of one vehicle. Ms. Dacy stated that
another issue was if_ the ordinance applied to vans. She-stated
that vans weighing over twelve thousand pounds may be considered
large commercial vehicles, and Council may want to consider adding
the word "van" to the definitions of large commercial vehicles.
Mr. John Zimmer, 4021 California Street, stated that he is totally
against this ordinance. He felt that it was ridiculous and an
extra tax on the people. He stated that his brother has a F350
truck and keeps it in his driveway to use for his work. He stated
that it is a company truck he uses at the job sites, and it would __
be inconvenient for him to have to park the truck elsewhere.
Mr. Jason Zimmer, 4021 California Street, stated that the truck to
which his brother refers is a Ford F350, and it is over twelve
thousand pounds with the forms loaded on the truck. He stated that�
he uses the truck for transportation to work and the forms are used
on the job. He stated that it should not be an extra burden for
his boss to pay for a permit. _.____ _
Mr. Arnie Ostlund, 1453 64th Avenue, stated that he did not believe
anyone could abide by the ten foot setback.
Ms. Dacy stated that the concern was to make sure the vehicles were
ten feet from the front property line. She stated that there were
complaints about noise from vehicles in the side yard, and Council
may wish to define from what property line, front or side.
Mr. Ostlund stated that no one could afford to pay $300 a month to
park in their own driveway.
Mayor Nee stated that the purpose of the ordinance is to encourage
the parking of large commercial vehicles in other places rather
than residential areas.
Councilman Billings stated that he was not in favor of the
ordinance. He also suggested that due to the lengthy agenda, it
FRIDLEY CITY COUNCIL MEETING OF.00TOBER 17. 1994 PAGE 8
would be appreciated if everyone would restrict their comments to
any new information that would be useful to Council.
Ms. Kathleen Webber, 1371 75th Avenue, stated that she felt the
ordinance was discriminatory against small business owners. She
stated that the home occupation ordinance states that a business
may have two additional vehicles. She stated that last year a
letter was received from the City suggesting that they may be
operating a printing business out of their residence. She stated
that they have never had a printing business in their home. She
� stated that they have gone out of their way to try to correct
situations with their neighbors. Ms. Webber submitted a petition
for Council to reject this proposed amendment.
MOTION by Councilman Schneider to receive Petition No. 9-1994
submitted �by Ms. Webber. Seconded by Councilman Billings. Upon
a voice vote, all voting aye, Mayor Nee declared the motion Earried
unanimously.
Ms. Webber stated"that they looked for a place to park their
trucks, but they have not been able to find a location that was
satisfactory.and affordable. She stated that if they had their
way the trucks would not be parked at their home, but at this time
there is no reasonable alternative. She stated that the trucks
parked in their driveway do not decrease property values, as two
homes recently sold in their neighborhood for fair market value. --
She stated that the Department of Transportation controls the noise
level for the trucks, and the State requires there be an additive.
for diesel fuel to reduce the smell and exhaust fumes.
Ms. Webber stated that she was told that commercial vehicles are
not something expected in residential areas, but she questioned if
motor homes, boats, and school buses are expected in residential
areas. She stated that after the first meeting in Apr��:-,--a motel
owner was told he would be exempt because it is his"Tivelihood.
Ms. Webber stated that their trucks are also their livelihood. She
requested that Council not pass this ordinance amendment.
Ms. Webber stated that they have a 15,000 pound and a 26,000 pound
truck, as her husband contracts with a printing company and hauls
printing goods.
Councilman Schneider asked Ms. Webber if their business was to grow
and proposer and another truck was purchased, if they would also
keep that truck at their home.
Ms. Webber stated that they would not. Hopefully, if the business
grew, they would find another location, but this would not happen
overnight. She stated that she has statements from neighbors that
they do not object to the trucks.
Mr. Webber stated that he could take a 35 foot motor home and park
it in his driveway and it would take the same amount of space as
his trucks.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 17. 1994 PAGE 9
Mr. Darrel Koopman, 5397 Altura Road, he stated that he has affi-
davits from his neighbors that his truck is no problem. He stated
that he has a semi-tractor that weighs 16,000 pounds. He stated
that he pays a lot to the State for licenses and permits, and the
City is now going to charge him $300 a month to park in his
driveway. He felt that the City should enforce the laws that are
on the books and fine those who do not comply.
Mrs. Judith Koopman, 5397 Altu�a Road, stated that truck drivers
are allowed a certain amount of driving time. She stated that if
their truck was.parked elsewhere they would have to log the hours
it takes to go to pick up the vehicle. She stated that this would
cut into their working schedule.
Mr. Bob Schewe, 1153 Mississippi Street, stated that he has a truck
that measures 20 feet by 18 feet. He stated that he now pays
$2,000 a year in taxes. If he has to obtain a permit to park the
truck in his driveway, he felt that the owners of motor homes and
boats should also be required to obtain a permit.
Councilman Schneider asked Mr. Schewe if he knew if other drivers
took their trucks home or where they parked them.
Mr. Schewe stated that he has a friend in Coon Rapids that takes
the truck home. He stated that there may be an ordinance in Coon
Rapids, but it is not enforced. --
Ms. Dolores Kastensen, 1541 Rice Creek Road, stated that she feels
this is a zoning problem. She felt that this amendment regulates
commercial vehicles where none has previously existed. She stated
that the residential zoning brings reasonable expectations, and
this does not include large rigs in the yards. She stated that the
heart of any community is their residential areas. In 21 surroun-
ding communities, none are as liberal to truck op�r--�tors as
Fridley. She stated that owners have investments in residential
property and should not have to put up with a constant industrial
environment.
Mr. Curt Barsness, 6581 Central Avenue, stated that he is not di-
rectly affected by this ordinance amendment. He stated that many
people attended the last meeting who had recreational vehicles and
who spoke against this amendment. He stated that he has heard
nothing that suggests the trucks create any health or safety risk.
He felt that the real intent of the ordinance was to remove a small
group of truck owners and operators from the community. He stated
that he is not in favor of the ordinance. He felt that there must
be a way of solving neighborhood problems without driving people
from the community. He believed that people should have their
trucks an the property. A buffer may be necessary between the
neighbors, but he cannot see giving them no other alternative than
to Ieave the neighborhood.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17 1994 PAGE 10
Mr. Gary Phillips, 531 Mississippi Street, stated that he has been
in the towing business for twenty years, and he parks his vehicle
at his home. He stated that his neighbors do not have any problem
with it. He stated that it would be hard to offer 24-hour service
if he could not park his vehicle at his home. He stated that he
considers his truck an emergency vehicle, and he felt that it also
should be exempt. He stated that his truck is licensed at 21,000
pounds. He stated that if he had to obtain a permit, he would not
be able to remain in business.
Mr. Bob Calderon, 6401 Central Avenue, stated that he has a truck
that is 18 feet long and weighs batween 12,000 and 13,000 pounds.
He stated that this is his roving office. If it would cost him
$800 per month with the new ordinance to store the vehicle, he
could not afford this expense.
Mr. Henry Zimmer, 4021 California Street, stated that he did not
think this amendment would mean justice for all. He stated that
his son depends on his truck for his work, and he felt his son
should have the right to park it in the driveway. Mr. Zimmer
stated that he would like persons to contact him for a lawsuit
against the City if this ordinance aMendment is approved.
Mr. Mervin Herrmann, 278 Mercury Drive, stated that he agrees with
the comments that have been made because he was once in the truck-
ing business. He asked if recreation vehicles were affected by -___.
'this amendment.
Ms. Dacy stated that recreation vehicles are exempt from this
proposed ordinance amendment.
Councilman Schneider stated that if this ordinance amendment was
adopted, as far as parking on the street, it would be no different
than the ordinance now in effect. He stated that this__�mendment
states that recreational vehicles are exempt from obtaining a
permit.
Ms. Janet Langner (speaking for Lester Chies, 1530 Rice Creek Road)
stated that she understands the City receives only seven or eight
complaints a year on this issue, and she cannot understand why so
much time has been spent to change this ordinance. She stated that
people should evaluate the neighborhood when they move into it and,
if there are legal conditions that exist, they should either adjust
to them or leave the neighborhood. She felt that this whole issue
revolved around two neighbors, and she did not think the whole City
should be punished for only a few complaints. She stated that her
father, Les Chies, is willing to get rid of one of the trucks, and
there is not a problem keeping it within ten feet of the property
line.
Mr. Robert Hartwig, 4921 3rd Street, stated that he lives in an
apartmerit complex and owns a 19,500 pound semi-tractor trailer.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 17, 1994 PAGE 11
He stated that he parks this semi-tractor next to the apartment
building on the street, and none of the neighbors have complained.
He stated that if he took this tractor to the yard where he works,
it would mean a sixty mile commute. He stated that it is too
costly to find a place to park this tractor. If this ordinance
amendment is approved he would have to move out of Fridley. He
stated that he understands the City received a letter from the
Minnesota Trucking Association urging Council not to approve this
amendment.
MOTION by Councilman Billings to receive the letter dated
October 13, 1994 from the Minnesota Trucking Association. Seconded
by Councilman Schneider.
MOTION by Councilwoman Jorgenson to amend the above motion to
include the receipt of letters from Charlotte Halpin of the Farmers
Insurance Group dated October 13, 1994 and Shirley Switzer--dated
October 12, 1994. Seconded by Councilwoman Bolkcom. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all.voted aye, and
Mayor Nee declared the motion carried unanimously.
Mr. Robert Miller, 6293 Jackson Street, stated that he is a
plumbing and heating contractor, and he cannot afford the extra __
expense to store his vehicle. He stated that the vehicle is
licensed at 18,OOD pounds. He felt that the City shouid enforce
the noise and pollution ordinances. He stated that he would not
be able to respond to his customers in a timely fashion if he had
to keep his vehicle at another location.
Councilwaman Jorgenson stated that other plumbing and heating
contractors in other communities are not allowed to__park their
vehicles in their driveways. She felt that Mr. Miller probably has
an advantage from those in surrounding communities who cannot
respond as quickly to their customers since their vehicles are not
parked in their driveways.
Mr. Rich Olson, 1660 Mississippi Street, stated that he is a
plumber and has two vehicles at his home rated at 15,000 pounds.
He stated that he performs emergency services and needs this size
vehicle in order to respond to emergencies. He stated that he is
not in favor of this ordinance amendment.
Mr. Joe Nelson, 1357 64th Avenue, stated that there are two com-
mercial vehicles on his street where both of the owners are very
responsible. He felt that this ordinance would be discriminatory
against them, and he asked Council to vote against it.
Mr. Dennis Oswald, 6330 Quincy Street,-stated that he does not own
a large truck, but he has friends who have a large commercial
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 12
vehicle. He stated that he has a motor home, and it is no dif-
ferent than a big truck. He felt that the permit was very unfair,
and he stated that he was speaking for a lot of truck drivers that
could not be here this evening.
Mr. Darwin Voight, 6750 Main Street, Fridley Bus Company, stated
that this_ordinance amendment proposes that no permit sha11 be
valid unless it is clearly visible from the public right-of-way.
He stated that if he wants to park a commercial vehicle on his
property it has to be screened, and in this amendment it has to be
visible in a residential area. He stated that he would recommend
that school buses be exempt.
Councilman Schneider stated that screening was discussed, but it
was felt that it would be prohibitive for most people.
Mr. Olson, 1660 Mississippi street, stated that screening v�icles
in a driveway would limit visibility.
Mr. Ronald Heikkila, 1371 Skywood Lane, stated that the City is
asking for $300 a month from his income to pay for a permit. He
stated that his home is 150 feet from the street. None of his
neighbors have complained about his truck, and no one even notices
it is in the driveway. He stated that he is totally against the
ordinance amendment. He stated that the City is forcing hard
working people to move out vf the City. -__
Mr. Robert Gideo, 5372 6th Street, stated that the City of.Columbia
Heights has a 15,000 pound weight limit. He felt that the
ordinance amendment was ridiculous. He stated that his 1993 Ford
dump truck weighs 51,000 pounds and is worth more than his home.
Mr. Anthony Pikus, 4036 Main Street, stated that he is against this
ordinance amendment. He stated that he has a van that he has been
parking in his driveway for thirty years. He stated.�that if he
parks this vehicle away from his residence and anything is stolen,
the insurance company would not cover the loss.
Nlr. Clarence Theisen, 111 63rd Way, stated that he is against the
ordinance, and he would like any reference to travel trailers
removed from this ordinance amendment.
Mr. Don Gonko, 1361 75th Avenue, thanked Council for taking time
to stop by his home to observe his neighbors' trucks that he had
taken photos of last April. He stated that he looks at recrea-
tional vehicles in an entirely different light, as they are not
driven in and out of the driveway day in and day out, 365 days a
year. He stated that these trucks were not in his neighborhoo.d
when he moved into his home. He stated that he moved into his home
on the cul-de-sac where it would be quiet but this is no longer the
case. He stated that he is in favor of the ordinance amendment.
He stated that he did not complain when his neighbors had one truck
but did so when there were two.
FRIDLEY CITY CQONCIL MEETING OF OCTOBER 17, 1994 PAGE 13
Mr. Gonko stated that at the April 18 meeting, Councilman Billings
mentioned a valid point that if someone driving a large commercial
vehicle was visiting in Fridley, where would they park? He felt
that this issue should be taken into consideration to cover this
type of situation.
Mr. Willard Kastensen, 1541 Rice Creek Road, stated that Fridley
has seventeen thousand residential homes. Any home can have trucks
as.long as they are licensed and parked off the street. He stated
that vans and recreational vehicles are family oriented and used
for recreational purposes and should not be compared with large
commercial vehicles that are used for business purposes. He stated
that there are twenty neighboring communities that do not allow
trucks in a residential area. He stated that there was reference
that there were only seven or eight complaints a year against large
commercial vehicles. He stated that there were many calls but only
these were enforceable. He stated that in his work, he has'�o pay
for parking. Persons in the trucking business should know there
is overhead.
Councilman Billings stated that as he indicated earlier, he is
opposed to this ord�,nance amendment. He stated that this particu-
lar amendment does not make provisions for truckers who are visi-
ting in the City. He stated that he understands the motivation for
this amendment is that the vehicles are unsightly. He stated that
he is not proposing that recreational vehicles be included, but he --
personally finds a 35 foot recreational vehicle just as unsightly
as the vehicles that are being banned by this ordinance amendment.
Councilman Billings stated that another concern is that there are
a number of vehicles that are commercial in nature that people
bring home from their work, such as pickup trucks and vans, some
of which are rusty and have items hanging all over the outside.
He stated that this would be permitted under this ameradment, but
those who have a larger vehicle so that they can keep items out of
sight would not be permitted to bring it to their home.
Councilman Billings stated that the ordinance amendment addresses
two particular pieces of property where there have been multiple
complaints. He stated that it does not address visual and noise
pollution.
MOTION by Councilwoman Jorgenson to close the public hearing.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 10:40 p.m.
Councilwoman Jorgenson felt that the ordinance amendment needed
more work and fine tuning, as several issues were brought up this
evening. She stated that she appreciated everyone coming to the
meeting.
FRIDLEY CITY COITNCIL MEETING OF OCTOBER 17. 1994 PAGE 14
Councilman Schneider stated that he also felt more work needed to
be done. He stated that the intent of the proposed ordinance
amendment was not to qenerate money for the City nor was it inten-
ded to drive individual truckers or over-the-road truckers out of
the City. He stated that the calls he receives are about multiple
trucks in people's yards. He stated it is alleged that in some
cases, the drivers are running the trucks for a particularly long
time. He felt that this proposed amendment needed further study.
Councilwoman Bolkcom stated that she is not sure this amendment
would eliminate some of the problems. She stated that there is
nothing in the ordinance relating to noise and smells, and she is
not sure this amendment would take care of some of the issues. She
felt that, basically, people have to get along with each other.
Mayor Nee stated it is his understanding that Council does not wish
this item to be on the agenda for the next meeting. `"-
RECESS•
RECONVENED•
Mayor Nee called a recess at 10:50 p.m.
Mayor Nee reconvened the meeting at 11:00_p.m. All
members of the Council were present.
2.1 PUBLIC HEARING ON ASSESSMENT FOR 1994 SERVICE CONNECTIONS:
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, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
11:01 p.m.
Mr. Pribyl, Finance Director, stated that there is only one pro-
perty involved in this assessment for 1994 service connections.
He stated that this is the property at 4700 Main Street,----th�- Murphy
Warehouse Company. He stated that the total cost of tliis connec-
tion is $28,306.32, and the assessment would be over a period of
twenty years at an interest rate of 6-1/2 percent.
No persons in the audience spoke regarding this proposed
assessment.
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 11:02 p.m.
2.2 PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT
NO. ST 1993 - 1& 2•
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
FRIDLEY CITY CAIINCIL MEETING OF OCTOBER 17. 1994 PAGE 15
declared the motion carried unanimously and the public hearing
opened at 11:02 p.m.
Mr. Pribyl, Finance Director, stated that these assessments are for
improvements on Monroe Street, Hathaway Lane, 7th Street, Lynde
Drive, Regis Lane, Cheri Lane, FilZmore Street, 53rd Avenue,
Brookview Drive, Regis Drive, and City overlays. He stated that
the total cost of this project is $1,371,602.24. He stated that
most of the improvements will be paid from City funds, but
$103,707.48 will be assessed to residential property owners at the
rate of $8.00 per front foot. He stated that the assessment may
be spread over a ten-year period at an interest rate of 6-1/2
percent.
MOTION by Councilwoman Jorgenson to receive the letter from Blaine
and Lorri Kopischke, 6830 Monroe Street, dated October 5, 1994
objecting to the assessment. Seconded by Councilman Schrr�ider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
No persons in the audience spoke regarding this proposed
assessment.
MOTION by Councilwoman Jorgenson to close the public hearing.
Seconded by Councilman Schneider.
Mr. Herrick, City Attorney, stated that some years ago, the legis-
lature amended the 429 Statute to require that if a property owner
intended to preserve the right to appeal an assessment, they had
to file, in writing, an. objection and it had to be filed either
before or at the assessment hearing. He stated that he assumes
that this is what Blaine and Lorri Kopischke are accomplishing in
their letter.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously and the public
hearing closed'at 11:06 p.m.
2.3 PUBLIC HEARING ON ASSESSMENT FOR 64TH AVENUE STORM WATER
IMPROVEMENT PROJECT NO. 260:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. seconded by Council-
woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing
opened at 11:06 p.m. "
Mr. Pribyl, Finance Director, stated that this assessment is for
the storm water improvements in the 64th Avenue, Mississippi
Street, Arthur Street and Central Avenue area. He stated that the
total cost of this project is $I73,105.08. He stated that
$132,105.08 will be.paid from the Storm Water Fund, and the balance
FRIDLEY CITY COUNCIL.MEETING OF OCTOBER 17. 1994 PAGE 16
of $41,000.00 wi11 be assessed to the residential property owners
at $1,000 per property. He stated that the assessment may be
spread over fifteen years at an interest rate of 6-1/2 percent.
MOTION by Councilman Schneider to receive letters from Mrs. Stanley
Dahlberg, 1384 64th Avenue and Mark and Jean Schwartz, 1372 - 64th
Avenue objecting to the assessment. Seconded by Councilman
Billings.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Mr. Mark Schwartz, 1372 64th Avenue, stated that they have more
water in their yard now than they had before this improvement. He
stated that he felt the holding pond was not deep enough. �
Mr. Schwartz showed a video tape of his yard, in April, a'�ter a
rainstorm. He stated that he has not received any benefit from
this project, and it has proven detrimental to his property.
Mr. Schwartz stated that he made a good faith effort to get this
situation corrected. He stated that Jon Thompson from the City
staff stated that they definitely had a problem. Mr. Schwartz
stated that he talked with Mr. Flora, Public Works Director, and
he thought the holding pond was not deep enough but nothing was
done about it. He stated that they not only have more water, but --�
it stays in their yard for a longer period of time. He stated that
the water from the north side of 64th Avenue has simpl.y been trans-
ferred to their back yard.
Councilman Schneider asked if there was ever standing water in the
back yard.
Ms. Jean Schwartz stated that there was some standing--water, but
it never covered this much area and was gone within a'day. She
stated that the water was over her ankles when she took the video.
She stated that they taiked to several people from the City to try
to get this fixed.
Mr. Flora, Public Works Director, stated that this is a separate
problem. He stated that the ditch is dry, and the pond is working
as it should to deal with the excess water from Mississippi Street.
He stated that when there was a large amount of rainfall in April,
there was a lot of flooding throughout the City.
Ms . Schwartz stated that they have never had this much water before
this improvement project was done.
Mr. Rich Olson, 1660 Mississippi Street, stated that there was
natural drainage in this area, and there was no reason that the
Schwartz's property should be flooded.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 17, 1994 PAGE 17
Mr. Flora stated that there was nothing done on the north side of
the ditch, and all the work for the detention pond was on the south
side. He stated that in the Schwartz's case, there is no outfall
from their property to run into the ditch.
Ms . Schwartz stated that the pond is higher than the ditch, and
that is why it does not work. She stated that the improvement has
obviously been detrimentaZ to their property.
Mayor Nee stated that this issue has to be dealt with, but it will
take further review and a report from staff. It could not be
resolved this evening.
No other persons spoke regarding this proposed assessment.
MOTION by Councilwoman Jorgenson to close the public hearing.
Seconded by Councilman Schneider. Upon a voice vote, all-voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 11:25 p.m.
OLD BUSINESS•
3. ORDINANCE NO. 1037 TO AMEND THE CITY CODE OF THE CITY OF
FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING D RICTS BY
FORREST HARSTAD, 971 HILLWIND ROAD N.E.)(WARD 2:
MOTION by Councilman Schneider to waive the reading and adopt
-Ordinance No. 1037 on the second reading and order publication.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Councilwoman Jorgenson stated that there is a problem with soil
erosion, and it is going down to Moore Lake. She stated that the
soil erosion fence is still not in place. _____ ___
Mr. Burns, City Manager, stated that the City did not require the
soil erosion fence on Hillwind Drive. He stated that if dirt
accumulates on the street, the developer would have to clean it.
Councilman Schneider felt that it may be helpful if staff woul.d
provide a daily report by E-mail on what streets were inspected
and if the developer was requested to clean them.
NEW BUSINESS•
4. APPROVE INTOXICATING LIQUOR LICENSE FOR THE SHARK CLUB SHARK
SPORTS BAR)(WARD 3):
Councilman Billings stated that when the public hearing was con-
tinued two weeks ago, the comment was made that unless there was
an objection from Council a vote would be taken on this item at
this meeting. �He stated that during the recess this evening the
FRIDLEY CITY_COONCIL MEETING OF OCTOBER 17. 1994 PAGE 18
petitioner, Mr. DeFoe, approached him regarding some promotions
that are pending based on approval of the license. Councilman
Billings suggested that a special meeting of the Council be held
to cansider this liquor license.
MOTION by Councilman Billings to table this item until one week
from tonight and that Council hold a special meeting for the sole
purpose of approving or denying this liquor license. Seconded by
Councilwoman Bolkcom.
Councilwoman Jorgenson stated that Councilman Schneider has asked
that staff submit a breakdown of the police calls at Mr. DeFoe's
establishment in Centerville. She pointed out that Council is
already meeting with the HRA, and the meeting begins at 6:00 p.m.
Mr. DeFoe stated that he can give Council everything in writing to
avoid further discussion. '--
UPON A ROLL CALL VOTE TAKEN ON TFiE ABOVE MOTION, Councilman
Billings and Councilwoman Bolkcom voted in favor of the motion.
Mayor Nee, Councilman 5chneider and Councilwoman Jorgenson voted
against the motion. Mayor Nee declared the motion failed.
Councilman Schneider felt that it would not be fair.to .the public
to take action on this request at a meeting that is not televised.
MOTION by Councilman Schneider to table this item to the
November 7, 1994 Council meeting. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
Mr. DeFoe stated that it was his understanding that Council would
vote on the liquor license at this meeting. He stated that to wait
three weeks will delay his schedule. ------_.-
Councilwoman Bolkcom stated that the decision to table this item
is to work out some of the stipulations and further background
checks.
Councilman Schneider pointed out that if, on November 7, there is
new information that comes before Council, it is conceivable that
Council could choose to table it again.
5. RESOLUTION NO. 87-1994 APPROVING AND AUTHORIZING SIGNING AN
AGREEMENT ESTABLISHING WORKING CONDITIONS WAGES AND HOURS OF
EMPLOYEES OF THE CITY OF FRIDLEY FIRE DEPARTMENT FOR THE YEAR
1994•
Mr. Hunt, Assistant to the City Manager, stated that this is the
Firefighters' Labor Agreement for 1994. He stated that the condi-
tions are similar to the other agreements for City employees and
involve a three percent increase; provides an increase in base
FRTDLEY CITY COONCIL MEETING OF OCTOBER 17, 1994 PAGE 19
group term life insurance from $10,000 to $25,000 per employee;
provides that the employer's contribution toward health, life, and
long-term disability insurance will be a maximum of $315 per month
per employee; and changes some minor terminology.
MOTION by Councilman Schneider to adopt Resolution No. 87-1994.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mayor Nee thanked Mr. Hunt for his work in negotiating this
agreement.
6. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 513 OF THE
FRIDLEY CITY CODE ENTITLED "REGULATION OF SKATEBOARDS,
ROLLERSKIS. ROLLERSKATES AND ROLLERBLADES" TO AMEND THE WORD
"ROLLERBLADE•"
MOTION by Councilwoman Jorgenson to waive the reading and approve
the ordinance on first reading. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
7. RESOLUTION NO 88-1994 APPROVING PLAT P.S. #94-05. TOTINO-
GRACE ADDITION {BY KEITH EIBENSTEINER FOR BILTMORE CONSTRUC-
TION) (WARD 2)•
Ms. Dacy, Community Development Director, stated that this resolu-
tion approves the final plat for Totino-Grace Addition. She stated
that the developer has made a minor change to the plat and in Stip-
ulation No. l, Lots 1& 2, Block 2 have been changed to Lots 8&
9, Block l.
Councilman Schneider asked if there was any new information rela-
tive to the Trust for Public Land. ----- --
Ms. Dacy stated that staff has received no new information from the
update provided on September 22, 1994.
Mr. John Haluska, 5660 Arthur Street, stated that as far as the
Trust for Public Land, a letter was received from them. They had
a minimum threshold of $300,000, and the project did not meet that
threshold requirement. He stated that they wanted a more positive
response from the City as to the City's interest, and this has not
been met.
Councilman Schneider stated that he can appreciate all the staff
work in drafting the stipulations, but they have to be enforced.
He felt that the developer and contractor are very honorable, but
he does have a concern if there are violations and if the stipula-
tions are not enforced.
MOTION by Councilman Schneider to adopt Resolution No. 88-1994,
with the stipulations attached as Exhibit A, as follows: (1) a
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17 19g4 PAGE 20
restrictive covenant shall be recorded against Lots 8 and 9,
Block 1, preventing the removal of vegetation, except for dead and
diseased trees. Staff has identified the area within which the
restrictive covenant shall apply, and the legal description is as
follaws: Lot 8, Block 1: Beginning at the southeast corner of said
Lot 8 northwesterly along a line to a point 75 feet west of the
east lot line of said Lot 8, easterly to the northeast corner of
said Lot 8 and thence southerly to the point of beginning. Lot 9,
Block 1: Beginning at the northeast corner of said Lot 9 south to
the southeast corner, thence westerly to a point 75 feet west of
the east lat line of said Lot 9, thence northeasterly �o the point
of beginning; (2) Outlot A shall be named as a lot in the plat; (3)
the dwelling on Lot 1, Block l, shall face Royal Oak Court; (4) the
significant trees along the side lot line of Lot l, Block 1, within
the 17.5 foot setback shall be preserved. Significant trees are
defined as those trees six inches or greater in caliper; (5)
verifying surveys shall be submitted prior to the capping of the
foundation; (6) the petitioner shall pay a park dedication fee of
$1,500 per lot (9 x$1,500 =$13,500) at the time of building
permit issuance; (7) the water quality pond shall be sized to meet
the requirements of the Rice Creek Watershed District; (8) the
Archdiocese shall execute and record a stormwater pond maintenance
agreement providing for ongoing maintenance of the pond; (9) the
drainage easement shall be dedicated over the water quality pond;
(10) the design details of the six inch watermain loop as proposed
by the petitioner shall be approved by the Public Works Director. ___.
This option is acceptable only if the trees indicated in the Royal
Oaks memo dated July 21, 1994 are not removed as a result of any
other construction; (11) the petitioner shall install water and
sewer services to the lots on Matterhorn Drive and shall pay the
appropriate connection fees; (12) SAC fees shall be paid at the
time of building permit issuance; (13) the petitioner shall comply
with the comments listed in Scott Erickson's memorandum dated
June 16, 1994, except for items �2, �4, and #22 which_no_ longer
apply to the request; (14) individual grading, erosion control, and
tree preservation plans shall be submitted for each lot prior to
the issuance of a building permit; (15) the improper fill of the
wetland shall be removed and the wetland restored; (16) restrictive
covenants shall be recorded against Lots 5, 6, and 7, Block l, pre-
venting any filling of wetlands, including brush, grass clippings,
trash, etc. Accessory structures and footings for decks, addi-
tions, gazebos, etc., shall not be located in the wetlands as
delineated on the plat. The language shall be reviewed by the City
Attorney; (17)•no grading shall occur below the elevation of 948
on Lots 5 and 6, Block 1, and the lowest basement floor opening
shall be at the 950 or above elevation. No grading shall occur
below the elevation of 953 on Lot 7, Block 1, and the lowest base-
ment floor opening shall be at the 955 elevation or above; (18) the
dwellings on Lots 5 and 6, Block 1, shall be located as close to
the lot line apposite the wetland as the code permits or as
approved by City staff; (19) two street trees per lot shall be
planted by the petitioner; (20) the individual grading, erosion
FRIDLEY CITY COIINCIL MEETINQ OF OCTOBER 17. 1994 PAG$ 21
control, and tree preservation plan for each lot shall clearly
show: (a) the grading limits for the construction of the new home;
(b) the location of warning signage (tree protection ribbon) that
will be placed around the perimeter of the construction limits
protecting all significant trees outside the construction limits;
and (c) the location of any significant trees to be saved inside
the construction limits. Any significant tree to be saved shall
have fencing around it extended to the dripline. Work shall not
commence until the City staFf has field inspected items #b and #c
of the stipulation; (21) the lots shall not be clear cut of
significant trees; (22) restrictive covenants shall be recorded
against the lots defining a 15 foot no-cut easement which shall be
established along the south property line of Lots 1- 5, Block 1,
Totino-Grace Addition. The easement shall prohibit the cutting of
trees or clearing of understory except for the removal of dead or
diseased trees, subject to Public Works opinion that there is no
impact to drainage by leaving the trees; and (23) the City-�shall
enter into a developers agreement for the enforcement of the
stipulations. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
8. APPROVE DEVELAPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
ROYAL OAKS REALTY, INC. (WARD 2 L
Councilman Schneider stated that in this agreement,,there are no __.
amounts filled in on Pages 13 and.14.
Ms. Dacy, Community Development Director, stated that the amount
for Item 17, on Page 13, is $100,000 and the amounts on Page 14
will be broken down by categories, as shown in the agreement. The
total would equal $100,000.
MOTION by Councilman Schneider to table this item __for_ twenty
minutes so staff can figure the dollar amounts to be included in
the agreement. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
�
A.
RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
OCTOBER 5, 1994• \
SPECIAL USE PERMIT RE4UEST SP #94-14, BY WAL-MART STORES,
INC TO ALLOW EXPANSION OF A GARDEN CENTER GENERALLY LOCATED
AT 8450 UNIVERSITY AVENUE N.E. (WARD 3):
Mr. Hickok, Planning Coordinator, stated that this is a request by
Wal-Mart Stores to expand their garden center. He stated that in
1992, a garden center was constructed on the east side of the Wal-
Mart store. In 1994, Wal-Mart decided that they needed additional
space and requested a special use permit for a garden center in
their parking lot. He stated that Council approved this request
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 22
for a special use permit with the stipulation that by the end of
this year there would be a modification to their garden center to
allow all the garden center to occur in the structure and not into
the parking lot.
Mr. Hickok stated that Wal-Mart has requested this special use
permit to expand the existing garden center. He stated that the
Planning Commission recommended approval with four stipulations and
staff concurred.
MOTION by Coun�ilwoman Bolkcom to concur with the recommendation
of the Planning Commission and grant Special Use Permit, SP #94-14,
with the following stipulations: (1) no garden sales shall occur
in the parking lot as conducted in 1994; (2) the petitioner shall
not be permitted to display products on the front sidewalk; (3) the
petitioner shall create a storage area to the rear of the building
for trailer, pallet, and baled cardboard storage. The design of
the storage area shall meet with City approval; and (4) the
landscaping and irrigation displaced by the above activities shall
be relocated. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
B. SPECIAL USE PERMIT REOUEST, SP #94-15, BY LYNN PORATH OF
TURNING POINT ADULT DAY CARE, INC.. TO ALLOW ADULT DAY CARE -__.
GENERALLY LOCATED AT 6180 HIGHWAY 65 (WARD 2)•
Mr: Hickok, planning Coordinator, stated that this is a request for
a special use permit for an adult day care at St. Philip's Lutheran
Church. He stated that there is a child care facility for forty
children within the complex. The proposal is to continue with the
child care and incorporate adult care facilities for forty persons.
He stated that this is a relatively new concept, and th�_teachers
would be nurses. He stated that the age range could be from
eighteen-years-old to senior clients, and they are also equipped
to handle these clients medically. He stated that both the child
care and the adult care facilities are licensed by the state.
Mr. Hickok stated that the Planning Commission recommended approval
of this special use permit with two stipulations and staff
concurred.
MOTION by Councilman Schneider to concur with the recommendation
of the Planning Commission and grant 5pecial Use Permit, SP #94-15
with the following stipulations: (1) any additional signage shall
comply with the stipulations of the 1993 variance approval and the
siqn code; and�(2) at which time the applicant makes license app-
lication to the state to serve no more than forty clients, the
special use p'ermit shall be subject to review by the City.
Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilman
Schneider, Councilwoman Bolkcom, Councilman Billings, and Mayor Nee
FRIDLEY CITY CQUNCIL MEETING OF OCTOBER 17, 1994 PAGE 23
voted in favor of the motion. Councilwoman Jorgenson abstained
from voting on the motion. Mayor Nee declared the motion carried.
C. CONSIDER OCCUPANCY IN THE S-2 REDEVELOPMENT DISTRICT OF
6525 UNIVERSITY AVENUE N.E BY JIM YUNGNER FOR THE GYM
( WARD 1 } : .
Ms. Dacy, Community Development Director, stated that this property
is located in the northeast corner of University Avenue and Missis-
sippi Street and is zoned S-2. She stated that because of this
zoning, the request to consider occupancy is before Council. She
stated that this building has been leased to several tenants over
the years. The petitioner would like to relocate his facility from
261 Commerce Circle to this location and is signing a three-year
lease.
Ms. Dacy stated that the S-2 zoning district provides that Coiincil,
HRA, and the Planning Commission review the use. She stated that
the purpose of this review is to alert Council, HRA, and the Plan-
ning Commission that the petitioner would like to be part of the
redevelopment plan. She stated that the Planning Commission
reviewed this request and recommended approval for the temporary
re-occupancy of the building subject to six stipulations. She.
stated that the Planning Commission believed this would be a good
use for the building and a good neighbor for the surrounding area.
She stated that the petitioner would improve the building and paint --
the exterior 'and undertake some modest improvements to the
building. She felt that Council, HRA, and the Planning Conimission
would like to evaluate this use when redevelopment occurs on the
property and Stipulation No. 6 addresses this i.ssue.
Councilwoman Jorgenson stated that there are a lot of weeds. She
questioned what was planned for the asphalt area to the north.
Ms. Dacy felt that the stipulations address the parking lot, weeds,
as well as the area to the north.
MOTION by Councilman Billings to concur with the unanimous recom-
mendation of the Planning Commission and approve temporary occu-
pancy of 6525 University Avenue N.E. subject to the following
stipulations: (1) the petitioner shall apply for the appropriate
building, plumbing, and mechanical permits to complete remodeling
as proposed; (2) the petitioner shall stripe the parking lot; par-
king stalls�are 10 feet wide and 20 feet long, or 18 feet long if
the stall abuts a curb stop or landscaped area; (3) the dumpster
shall be screened on all sides; (4) the parking lot shall be kept
free of weeds and grass; (5) landscaped a�ea to the north shall be
kept trimmed in an attractive manner to provide screening from the
residence to the north; and (6) inclusion of the proposed use in
the Fridley Town Square redevelopment project shall be reviewed by
the City Council, Planning Commission, and Housing and Reclevel-
opment Authority prior to execution/approval of the development
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17 1994 PAGE 24
contract for the project. Seconded by Councilwoman Bolkcom. 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 October 5, 1994. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
8. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
ROYAL OAK5 REALTY, INC. (WARD 2):
Ms. Dacy, Community Development Director, stated that the letter
of credit should be for $100, 000, which was based on an engineering
estimate and reviewed by the City Attorney's office. She stated
that this amount should be included under Item 17 on Page 13 of the
agreement. She stated that the individual categories, as listed
on Page 14 of �he agreement, could be filled in by staff.
Councilman Schneider stated that this is a very cruci.al, document
that outlines the City's control. If it needs further review by
staff, perhaps it should be tabled.
Mr. Mike Black,!' Royal Oaks Realty, stated that this discrepancy was
pointed out to staff at the end of iast week. He stated that the
engineer's estimate was submitted to staff some time ago and was
reviewed by the City Attorney and Engineering Department to deter-
mine that the engineer's estimate does meet the true estimate of
the work to be done. Mr. Black stated that the estimate was about
$78,000, and that was for all the public improvements in the
project. He stated that there is a full breakdown in the estimate
submitted to staff. He stated that the 125 percent was what would
be required for a bond to be in place. That amounts to $98,000,
and staff made it for $100,000. He stated that those_s.hanges, he
understands, will be made by the City Attorney. He stated that it
is clear what is to be accomplished, and he hoped that Council
could take action to approve the devalopment agreement.
Mr. Herrick, City Attorney, stated that he has reviewed the agree-
ment and has no problem with it. He stated that it was his under-
standing that the reason they did not fill in the figures was
because they:did not have them. He felt that with the explanation
that the total amount would be $100,000, it could be broken down
between the sub-categories as long as the total eguals $100,000.
Ms. Dacy stated that one of the staff inembers has been working on
this; however, the dollar figures were not filled in. She stated
that she is comfortable with the agreement and probably a solution
wouid be to refer to the engineer's estimate dated October 7, 1994
that gives all the details for the improvements.
Councilman Schneider stated that the figures sound extraordinarily
low.
I
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 25
Ms. Dacy stated that it is a very short cul-de-sac being less than
350 feet.
Councilman Billings stated that as he reads the agreement, it
states that the breakdown is for historical reference and is not
a restriction on the use of the security. He stated that from a
practical standpoint, the allocation of $100,000 is actually almost
irrelevant.
MOTION by Councilman Schneider to approve the development agreement
between the City and Royal oaks Realty, Inc. and authorize the
Mayor and City Clerk to enter into the agreement, with the under-
standing that the amount of $100,000 will be filled in under
Item 17 on Page 13 and the appropriate figures broken down by
categories, and inserted on Page 14 of the agreement. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously. ---
10. ESTABLISH PUBLIC HEARING FOR NOVEMBER 7. 1994 FOR EAST RIVER
ROAD IMPROVEMENT PROJECT (WARD 3,:
MOTION by Councilwoman Bolkcom to set the public hearing for the
East River Road Improvement Project for November 7, 1994. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
11. RECEIVE BIDS AND AWARD CONTRACT FOR THE PURCHASE OF A MT
TRACKLESS SIDEWALK SNOWPLOW WITH ATTACHMENTS:
Mr. Flora, Public Works Director, stated that three bids were
received for the MT trackless sidewalk snowplow and attachments.
He stated that MacQueen Equipment, Inc. was the low bidder at
$49,522, and it is recommended that the bid be award to them with
the understanding that the equipment will be delivered___in_1995.
MoTION by Councilwoman Jorgenson to receive the following bids for
the MT Trackless Sidewalk Snowplow with Attachments:
Bidder
MacQueen Equipment
595 Aldine Street
St. Paul, MN 55104
Shults Equipment
1532 South State Road
Ithaca, MI 48847
Trans Ohio Equipment
P. O. Box 210
Clear Lake, OH 50428
Total Bid
$49,522.00
$54,135.00
$60,477.47
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17� 1994 PAGE 26
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Jorgenson to award the contract for the MT
Trackless Sidewalk Snowplow and Accessories to the low bidde�,
MacQueen Equipment in the amount of $49,522.00. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
12. RECEIVE BIDS AND AWARD CONTRACT FOR CLOVER POND AND 52ND
AVENUE FLOODWAY DIVERSION PROJECT NO. 222 (WARD 1):
Mr. Flora, Public Works Director, stated that four bids were
received for the Clover Pond/52nd Avenue Floodway Diversion Projeat
No. 222. He stated that the low bidder was F.F. Jedlicki, Inc.
He stated that the Columbia Heights City Council received the bids
at their October 10 meeting and approved awarding the contract to
the low bidder for a base bid of $113,871.50 plus Alternate No. 1
involving jacking of the Clover Pond overflow pipe through the
backyards for $18,760.00 plus an additional $5,000.00 for contin-
gencies to cover additional plantings or landscaping associated
with the project, far a total amount of $137,631.50.
Mr. Flora stated it is recommended that the contract be awarded to
the low bidder, F.F. Jedlicki, Inc., in the amount of $137,651.50
with the understanding that there is another $5,000.00 for
contingencies, if necessary.
MOTION by Councilwoman Jorgenson to receive the following bids for
the Clover Pbnd/52nd Avenue Floodway Diversion Project No. 222:
Bidder
F.F. Jedlicki, Inc.
14203 West 62nd Street
Eden Prairie, MN 55346
Penn Contracting, Inc.
1697 Peltier Lake Drive
Centerville, MN 55038
W.B. Miller
16765 Nutria Street N.W.
Ramsey, MN 55303
Northdale Construction, Inc.
14450 Northdale Blvd.
Rogers, MN 55374
Total Bid
$113,871.50
$119,334.00
$136,000.00
$158,518.00
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COONCIL M$BTING OF OCTOBER 17. 1994 _ PAGE 27
MOTION by Councilman Billings to award the contract to the low
bidder, F.F. Jedlicki, Inc. for the Clover Pond/52nd Avenue
Floodway Diversion Project No. 222 in the amount of $137,631.50,
which includes the base bid of $113,871.50; Alternate No. 1 for
$18,760.00; and an additional $5,000.000 for contingencies.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
13. APPROVE CHANGE ORDER NO 1 FOR THE REPAIR OF WELL NO. 5,_
PROJECT NO. 270 (WARD 1):
Mr. Flora, Public Works Director, stated that this change order is
necessary, as additional sand had to be removed from the well, and
the estimate was for removal of 8 cubic yards when a total of 172
cubic yards was removed.
MOTION by Councilman Schneider to authorize Change Order No. -3� with
Keys Well Drilling for the Repair of Well No. 5, Project No. 270,
in the amount of $8,330.00, for a total revised contract amount of
$20,550.00. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
14. RESOLUTION NO. 89-1994 INITIATING THE PROCESS FOR THE SALE OF
THE CITY'S $485 000 GENERAL OBLIGATION BONDS. SERIES 1994A:
Mr. Pribyl, Finance Director, stated that this resolution
authorizes staff and the financial advisor to proceed with the
issuance of the General Obligation Bonds of 1994. He stated that
this bond consists of four components; special assessment projects,
storm water, water, and sewer projects.
Mr. Thistle, Bond Counsel, requested the Council set the sale of
the bonds. He stated that the sale would be on November__2�., 1994,
and he would be back at the Council meeting that evening to present
a recommendation on the award.
MOTION by Councilwoman Jorgenson to adopt Resolution No. 89-1994.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried�unanimously.
15. RESOLUTION NO 90-1994 CERTIFYING CERTAIN DELINQUENT UTILITY
SERVICES TO THE COUNTY AUDITOR FOR COLLECTIONS WITH THE 1995
TAXES•
MOTION by Councilwoman Jorgenson to adopt Resolution No. 90-1994.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 28
16. RESOLUTION NO. 91-1994 CONFIRMING ASSESSMENT FOR 1994 SERVICE
CONNECTIONS:
MOTION by Councilman Schneider to adopt Resolution No. 91-1994.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
17. RESOLUTION NO. 92-1994 FOR 64TH AVENUE STORM WATER IMPROVEMENT
PROJECT NO. 260•
Mr. Herrick, City Attorney, stated that unless Council feels there
is sufficient information to reduce or eliminate the assessment on
those properties which have submitted letters of objection, the
Council can adopt this resolution, approve the assessment, and the
property owners have thirty days to appeal. He stated that, based
on the information presented at the hearing, he felt that there was
some question about whether or not the property was improvecl"as a
result of this project. He stated that he does not have enough
information to determine whether or not the property has been
improved to the extent of the $1,000 assessment or received a
detriment as a result of the project.
MOTION by Councilwoman Jorgenson to adopt Resolution No. 92-1994,
with the addition of the following: Item 3, insert the following
language: "for the properties at 1372 64th Avenue N.E. and 1384
64th Avenue N.E. Under Item 4, insert the following language:
"assessments to the properties at 1372 64th Avenue N.E. and 1384
64th Avenue N.E. are tabled to November 7, 1994." Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
18. RESOLUTION NO. 93-1994 CONFIRMING ASSESSMENT FOR STREET
SMPROVEMENT PROJECT NO. ST 1993 - 1& 2:
MOTION by Councilwoman Jorgenson to adopt Resolution No. 93-1994,
with the addition�-of the following: Under Item 3, insert the
following language: "for the property at 6830 Monroe Street N.E."
Under Item 4, insert the following language: "None." Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
19. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that he would like to poll the
Council to determine if they are interested in proceeding with a
zoning amendment to allow electric fences. He stated that this
would require four affirmative votes of the Council. Mayor Nee and
Councilman Billings indicated they would support a zoning amendment
to allow the electric fences and Councilman Schneider, Councilwoman
Jorgenson, and Councilwoman Bolkcom indicated they would not
support such an amendment.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1994 PAGE 29
20. CLAIMS•
MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos.
58158 through 58429. Seconded by Councilwoman Bolkcom. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
21. LICENSES•
MOTION by Councilwoman Jorgenson to approve the licenses as sub-
mitted and as on file in the License Clerk's Office. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
22. ESTIMATES•
MOTION by Councilwoman Jorgenson to approve the estima�es as
submitted:
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 5543.3
Statement for Legal Services Rendered
as City Attorney for the Month of _-
5eptember, 1994 . . . . . . . . . . . . . . . $ 8,112.60
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Statement for Legal Services Rendered _____.
as City Prosecuting Attorney for the
Month of August, 1994. . . . . . . . . . . . $14,463.75
Lunda Construction Co.
620 Gebhardt Road
Black River Falls, WI 54615
Locke Lake Dam Restoration
Project No. 211
Estimate No. 4 . . . . . . . . . . . . . . . $46, 664 . 24
Schmidt Curb Company
21504 Ahlstrom Avenue
Rogers, MN 55374
1994 Miscellaneous Concrete Curb,
Gutter & Sidewalk
Project No. 262
Estimate No. 4 . . . . . . . . . . . . . . . $ 8, 092. 29
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 17, 1994 PAGE 30
Karlen Corporation
901 125th Avenue N.E.
Minneapolis, MN 55434
Commons Park
Project No.
Estimate No.
Shelter
267
3 . . . . . . . . . . . . . . . $ 6, 473 . 10
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Councilman Billings stated that he was curious as to what happened
at the special Council meeting and why an item was so urgent that
a special meeting had to be called ta discuss it. He stated that
he wanted to know why he was not made aware, until the morning of
the meeting, exactly what was to take place at that meeting. He
stated that he was led to believe that it was a discussior�- with
Kevin Thomas, and more than half the meeting centered around the
curfew center.
Councilman Billings stated that due to the time and short notice,
he and the residents of Ward 1 were denied an opportunity to parti-
cipate, and he strongly objects. He stated that he does not
believe it had to be called on that short notice and, from the
video tape, which at best was a lousy sound presentation, it would
appear that direction was definitely implied, if not given to
staff, to establish funding in the budget for a curfew center. He
stated that he strongly, strongly objects to his beinq eliminated
from the process. He stated that he would like to know who called
the meeting, if it was three members of the Council or if it was
the Mayor.
Councilman Schneider stated that he read in the City Manager's
report that the discussion meeting with Kevin Thomas__was being
postponed and that two Councilmembers wished to talk with him. He
stated that he called the City Manager and stated that he would
change his schedule, as he would like to attend the meeting. He
stated that since there would be three Councilmembers, he asked if
they could call a meeting. He stated that the intent was not to
exclude anyone but to make it permissible fox him to attend.
Councilman Billings stated that it really was not a special meeting
of the City Council.
Councilman Schneider stated that he did not perceive it as a
special meeting but instead a discussion session. He stated that
he does not question when a member of the Council stops at the
Municipal Center during the day.
Councilwoman Jorgenson stated that she had no idea there would be
four Councilmembers attending. She stated that the City Manager
asked her if she could attend with Councilwoman Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1994 PAGE 31
Councilman Billings asked how four Councilm�mbers set aside money
for a curfew center.
Councilwoman Jorgenson stated that there was discussion regarding
the grant application and, if it was not approved, if there would
be interest in proceeding and if there would be something that the
Council could possibly support. She stated that she did not feel
any direction was given that funding would be supplied.
Councilman Schneider stated that there was a strong indication that
four CounciZmembers would support that funding. He stated that it
was suggested it would need to be discussed when the budget is
considered.
Councilwoman Bolkcom stated that Council kept delaying the meeting
with Kevin Thomas, and she asked if there was any way it could be
scheduled sooner. ��
Councilman Schneider stated that the discussion with Kevin Thomas
started at a picnic at the Rice Creek Townhomes. He stated that
this probably was not the most appropriate place for the discus-
sion. However, it sparked his interest on things that the City
could be doing, and he was interested in having further discussion
with Mr. Thomas.
Councilwoman Bolkcom stated that members of the Council were
talking at the picnic what could be done to get things started.
Mayor Nee stated that Councilman Billings is justified in being
upset. He stated that when he heard about the meeting and heard
that there were only three Councilmembers attending, he thought he
would like to attend.
Councilman Billings stated that the telephone message he_received
did not indicate that there was going to be any discussion of the
curfew center. He stated that the first he was aware that there
would be that many Councilmembers at the meeting was at 7:45 a.m.
on the day of the meeting. He stated that he could not adjust his
schedule because he had already changed it for the Sharx
discussion. He stated that he will be asking the Charter Commis-
sion to review the City Charter to determine how to prevent these
kinds of things from happening. He stated that he will be asking
the County Attorney or Attorney General for an interpretation of
the three-day notice. He felt that the three day notice of the
meeting, posted at 5:00 p.m. on Friday night, and with the
Municipal Center being closed on the weekend, does not really
constitute a three-day notice when the public did not have access
to this notice.
Councilwoman Bolkcom stated that the notices are posted in the
window at th.e Municipal Center.
FRIDLEY CITY COONCIL MEETING OF OCTOBER 17, 1994 PAGE 32
Councilman Schneider stated that Councilman Billings should
probably talk to the Charter Commission; however, the situation has
often been reversed. He stated that there are those that have
access to City employees every day and obtain information that he
does not receive. He felt that it helps the whole community
because the Council works pretty well together, and information is
shared.
Mayor Nee stated that Councilman Billings is correct in not coun-
ting the weekends and a�mistake was made. He stated that he is not
sure how the discussion on the curfew center began.
Councilwoman Jorgenson stated that it was part of the memorandum
given to Council by the Police Department in Council's packet.
ADJOURNMENT•
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of October 17, 1994 adjourned at
1:02 a.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Coun�il Mayor
ngineei�ag
Sewer
Waler
Parks
Streets
Maintena^„e
►IIiI �` ►II ��� I: :� \ I1► � � ►II
TO: William W. Burns, City Manager ��a PW94-349
FROM: John G. F1ora,�Public Works Director
DATE: November ?, 1994
SUBJECT: East River Road Reconstruction - Hartman Circle to Glen Creek Road
The Anoka County Highway Department proposes to upgrade the segment of East River
R.oad between Hartman Circle and Glen Creek R,oad next spring. This project will include
reconstruction of the asphalt surface, center medians, turning lanes, traffic signal
improvements, EVP signals, storm sewer installation, concrete curb and gutter and a
bituminous bikeway/walkway plus miscellaneous improvements to the esristing _
infrastructure.
Z`he City policy on improvements has been to assess for concrete curb and gutter where none
has previously been made. For this portion of East River Road there has not been any
assessments for roadway improvements. The 1995 estimate of concrete curb is $9 per front
foot.
There are 45 properties that front on East River Road, which are proposed to be assessed for
the conerete curb and gutter at a figure not-to-exceed $9 per front foot.
JGF:cz
Attachment
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lJ
EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST 1994 - 3
ASSESSMENT
BASED ON
ADDRESS PIN NO. FRONT FT $9 FRONT FT
John Caprelz 10-14-0�3 968.00 1,152.00
7335 East River Rd
Fridle MN 55432
Patrick Doherty 10-94-0004 90.00 810.00
7315 East Rive� Rd
Fridle MN 55432
Timothy Heldenbrand 10-14-0005 90:00 810.00
7321 East River Rd -
Fridle MN 55432
City of Fridley 10-14-0006 35.00 315.00
6431 University Ave
Frid(e MN 55432
Hung Nguyen 10-14-0018 80.06 720.54
7300 East River Rd
Fridle MN 55432
Richard Smallwood 10-41-0003 133.00 1,197.00
7180 Easf River Rd
Fridle MN 55432
Larry Clanton 10-41-0004 166.00 1,494.00
7210 East River Rd
Fridle MN 55432
City of Fridley 10-41-0010 36.00 324.00
6439 University Ave NE
Fridle MN 55432
Gill Strand 10-41-0011 86.10 774.90
7271 East River Rd
Fridle MN 55432
Gerald Graves 10-41-0012 125.25 1,127.25
7255 East River Rd
Fridle MN 55432
�
EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST. 1993 - 4(Page 2�
ASSESSMENT
BASED ON
ADDRESS PIN NO. FRONT FT $9 FRONT FT
Julie Bnanner 10-41-0013 75.15 676.35
7235 East River Road
Fridle MN 55432
David Fox Sr 10-41-0015 100.20 901.80
7231 East River Rd
Fridle MN 55432
Thomas Bakeman 10-41-0017 30.25 272.25
7221 East River Rd -
Fridle MN 55432 -��
Alan Soutar 10-41-0018 50.25 452.25
7217 East River Rd
Fridle MN 55432
Jay Perttula 10-41-0019 50.50 454.50
7215 East River Rd
Fridle MN 55432
Phyllis Lennox 10-41-0021 101.85 916.65
7201 East River Rd
Fridle MN 55432
Darrel Madsen 10-41-0022 51.65 464.85
7191 East River Rd
Fridle MN 55432
Cynthia Newcombe 10-41-0023 52.50 472.50
7165 East River Rd
Fridle MN 55432
Greg Crain 10-41-0024 51.90 467.10
7181 East River Rd
Fridle MN 55432
Kathryn Holseth 10-41-0027 107.30 965.70
7155 East River Rd
Fridle MN 55432
1C
EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST. 1994 - 3(Page 3)
ASSESSMENT
BASED ON
ADDRESS PIN NO. FRONT FT $9 FRONT FT
James Young 10-41-0028 54.00 486.00
7135 East River Rd
Fridle MN 55432
David Slovensky '10-41-0048 206.00 1,854.00
7234 East River Rd
Fridte MN 55432
Janet Lehrke 10-41-0064 100.20 901.80
7136 East River Rd �
Fridie MN 55432
Mpis Girl Scouts 10-43-0002 6900 * 1,175.00 10,575.00
5601 Brooklyn Blvd ERR -
M Is MN 55429
Vrginia Daniels 10-43-0009 102.00 918.00
6901 East River Rd
Fridle MN 55432
Richard Jeranson 10-43-0010 104.00 936.00
6911 East River Rd
Fridle MN 55432 .
Muchtar Sajady 10-43-0011 95.00 855.00
6921 East River Rd
Fridle MN 55432
Dale Hammerstrom 10-43-0012 95.00 855.00
6931 East River Rd
Fridle MN 55432
James Sandstrom 10-43-0013 117.68 1,059.12
6941 East River Rd
Fridle MN 55432
Peggy Stocke or owner 10-43-0014 128.99 1,160.91
6951 East River Rd
Fridle MN 55432
" SCALED
�i]
EAST RiVER ROAD 1MPROVEMENT PROJECT NO. ST. 1994 - 3(Page 4)
• ASSESSMENT
BASED ON
ADDRESS PIN NO. FRONT FT $9 FRONT FT
Harold Paul 10-440002 * 78.00 702.00
7065 East River Rd
Fridle MN 55432
Florence Heffner 10-440003 * 85.Q0 765.00
7055 East River Rd
Fridle MN 55432
Robert Ufberg 10-44-0004 * 85.00 765.00
7035 East River Rd -
Fridle MN 55432
Steven Paaverud 10-44-0006 '` 85.00 765.00
7045 East River Rd
Fridle MN 55432
Raynold Sparre 10-440007 * 120.00 1,080.fl0
7029 East River Rd
Fridie MN 55432
John Jagger 15-12-0007 80.33 722.97
6831 East River Rd
Fridle MN 55432
Donald Wegler 15-12-0012 80.31 722.79
6815 East River Rd
Fridle MN 55432 _____ _
Paul Johnson 15-12-0013 80.31 722.79
6819 East River Rd
Fridle MN 55432
William Gardiner 15-12-0014 80.31 722.79
6823 East River Rd
Fridle MN 55432
Phyllis Mooney 15-12-0015 80.31 722.79
6827 East River Rd
F►idle MN 55432
* SCALED
1E
EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST. 1994 - 3(Page 5)
ASSESSMENT
BASED ON
ADDRESS P1N NO. FRONT FT $9 FRONT FT
William Thompson 15-12-0016 80.94 728.46
6835 East River Rd
Fridle MN 55432
Ca�l Winberg 15-12-0023 111.80 9,006.20
6811 East River Rd
Fridle MN 55432
Anna �chern 15-12-0046 90.82 81 �.38
6880 East River Rd -
Fridle MN 55432 -�
�lfred Cichy 15-12-0064 132.26 1,190.34
6795 East River Rd
Fridle MN 55432
Don Showalter 15-12-0065 84.11 756:99
6785 East River Rd
��
� City of Fridley
[� Recreation & Natural Resource Department
6431 University Avenue NE, Fridley, Minnesota 55432
Phone # 612-572-3570 Fax # 612-571-1287
November 4, 1994
TO: William W. Burns ,�
��
City Manager
FR:
RE:
Jack Kirk .� �"
Director
CITY ORDINANCE. CHAPTER 513
The first reading of the revised city ordinance (Chapter 513) was held on October 17th: Attached
is the ordinance to be presented for a second reading on November 7th.
The current city ordinance (Chapter 513) limiting use of skates on tennis courts and other areas uses
a trademark name, Rollerblade, rather than the generic term for the products called in-line skates.
To correct this situation I have revised the . attached ordinance, which changes all reference to
Rollerblades to Tn-Line Skates. ___.__ _
JK: sj
z
JK94-128
ORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER .513 OF THE FRIDLEY CITY CODE, ENTITLED
"REGULATION OF SKATEBOARDS, ROLLERSKIS, ROLLERSKATES AND
ROLLERBLADES" TO AMEND THE WORD "ROLLERBLADE"
THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS:
513. REGULATION OF SKATEBOARDS, ROLLERSKIS, ROLLERSKATES AND IN-LINE SKATES
513.01. PURPOSE
1. The purpose of this Chapter is to protect the public health and safety arising
out of the use of skateboards, rollerskis, rollerskates and in-line skates within
the City; to regulate the use thereof upon public streets, sidewalks, and
bikeway/walkways; to prohibit the same from Fridley Plaza Genter:and from public
tennis courts; to prohibit the same from public or private parking areas without
permission of the owners; and to provide penalties for violations.
2. Nothing in this Chapter shall be construed to prohibit the use of a wheelchair
or any other wheeled device designed to assist a disabled person on any of the
places mentioned in this Chapter.
513.02. DEFINITIONS
The following definitions shall apply in the interpretation and application of
this Chapter, and the following words and terms, wherever they occur in this
Chapter, are defined as follows:
1. Skateboard.
A non-motorized platform mounted on wheels which are not greater than six (6)
inches in diameter. ----- -
2. Rollerski.
A non-motorized ski-like device mounted on wheels which are not greater than six
(6) inches in diameter.
3, Rollerskate/In-Line Skate.
A non-motorized device with wheels not greater than six (6) inches in diameter
which is attached to a shoe or designed to be attached to a shoe.
513.03. PROHIBITED ACTS
It shall be unlawful for any person to ride or propel oneself upon skateboards,
rollerskis, rollerskates or in-line skates in any of the foilowing circumstances:
1. In the Fridley Plaza Center bounded by Fourmies Avenue on the south, by N.E.
Sth Street on the east, by the Fridley Municipal Center on the north, and by
University Avenue Service Drive on the west.
2A
Page 2 - Ordinance No.
2. On any public tennis court in the City of Fridley.
3. On any public or private parking lot, ramp, area or facility without the
expressed permission of the owner.
4. In any area within the City while being pushed, pulled or in anyway propelled
by any motorized vehicle or by a person on a bicycle.
5. Contrary to the statutory provisions applicable to the operation of bicycles.
513.04. ERCEPTIONS
The provisions of this Chapter shall not prohibit the owner of a propertq from
using those premises for skateboards, rollerskis, rollerskates or in-line skates
for the owner's own use or for an organized event conducted with the owner's
permission.
513.05. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties
provided for such violations under the provisions of Chapter 901 of this Code.
PASSED AND ADOPTED BY THE.COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
, 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
First Reading: October 17, 1994
Second Reading:
Publication:
WILLIAM J. NEE - MAYOR
:
3
CITY OF FRIDLEY
M E M O R A N D II M
TO: WILLIAM W. BURNS, CITY MANAGER �'��"
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
WILLIAM A. CHAMPA� CITY CLERR
SUBJECT: SHARX CLUB INTOXICATING LIQUOR LICENSE
DATE: NOVEMBER 3, 1994
At the last two Council meetings, a public hearing was held for the
purpose of granting an intoxicating liquor license to Sharx Club,
� located at 3720 East River Road. At this time, it would be
appropriate for Council to make a motion either approving or
denying this license application.
�
TO: WILLIAM W. BURNS, CITY MANAGER ���
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: AMENDED RESOLUTION CONFIRMING ASSESSMENT FOR 64TH AVENUE
STORM WATER IMPROVEMENT PROJECT NO. 260-ADDENDUM #1
DATE: November 4, 1994
Attached you will find the Resolution that amends the previous resolution passed by Council on October
17, 1994: This resolution would confirm the assessment for the 64th Avenue Storm Water Project,
including the two properties (1372 64th Avenue N.E. and 1384 64th Avenne N.E.) which were excluded
under the resolution passed on October 17, 1994.
RDP/me
Attachment
RE30LIITION NO. - 1994
AMENDED RESOLQTION CONFIRMING ASSESSMENT FOR 64TH AVENITE.
STORM WATER IMPROVEMENT PROJECT NO. 260
BE IT RESOLVED by the City Council of the City of Fridley,
Minnesota, as follows:
1. The City Clerk ha�s with the assistance of the engineers
heretofore selected by this Council for such purpose,
calculated the proper amounts to be specially assessed for the
64TH AVENIIE STORM WATER IMPROVEMENT PROJLCT NO. 260
in said City against every assessable lot, piece, or parcel
of land in accordance with the provisions of law, and has
prepared and filed with the City Clerk tabulated statements
in duplicate showing the proper description of each and every
lot, piece, or parcel of land to be specially assessed and the
amount calculated against the same. , _
2. Notice has been duly published as required by law that this
C�ouncil would meet in regular session at this time and place
to pass on the proposed assessment.
3. Said proposed assessment has at all times since its filing "'
been open to inspection and copying by all persons interested,
and an opportunity has been given to all interested persons
to present their objections, if any, to such proposed
� assessment, or to any item thereof, and no objections have
been filed, except
4. The amaunts specified in the proposed assessment are changed
and altered as follows:
5. This Council finds that each of the lots, pieces, or parcels
of land enumerated in said proposed assessment as altered and
modified was and is specially benefited by the
64TH AVENIIE STORM AATER IMPROVEMENT PROJECT NO. 260
in the amount in said proposed assessment as altered and
modified by the corrective roll in the amount set opposite the
description of each lot, piece, or parcel of land, and that
said amount so set out is hereby levied against each of the
respective lots, pieces, or parcels of land therein described.
5A
Paqe 2- Resolution No. - 1994
6. Such proposed assessment as altered, modified, and corrected
is afiirmed, adopted and confirmed, and the sums fixed and
named in said proposed assessment as altered, modified, and
corrected, with the changes and alterations herein above made,
are affirmed, adopted, and confirmed as the proper special
assessments for each of said lots, pieces, or parcels of land
respectively.
7. Said assessment so affirmed, adopted, and confirmed, shall be
certified to by the City Clerk and filed in his office and
shall thereupon be and constitute the special assessment for
64TH AVENLTE STORM WATER IMPROVEMENT PROJECT NO. 260
8. The amounts assessed against each lot, piece, or parcel of
land shall bear interest from the date hereto until the same
have been paid at the rate of six and one half (6 1/2 �j per
cent per annum.
9. Such assessment shall be payable in Fifteen (.15) annual
installments payable on the first day of January in each year,
beginning in the year 1995, and continuing until all of said
installments shall have been paid, each installment to be
collected with taxes collectible during said year by the
County Auditor.
10. The City Clerk is hereby directed to make up and file in the
office of the County Auditor of Anoka County a certified
statement of the amount o� all such unpaid assessments and the
amount which will be due thereon on the first day of January
in each year.
PASSED AND ADOPTED BY THB CITY COIINCIL OF THE CITY OF FRIDI�EY THIS
DAY OF , 1994
ATTEST:
WILLIAM C. CHAMPA - CITY CLERR
:
WILLIAM J. NEE - MAYOR
CITY 'OF FRIDLEY
PLANNING COMMISSION MEETING, OCTOBER 19� 1994
CALL TO ORDER:
Chairperson Newman called the October 19, 1994, Planning
Commission meeting to order at 7:30 p.m.
ROLL CALL•
Members Present: Dave Newman, Diane Savage, Dean Saba,
Brad Sielaff
Members Absent: Dave Rondrick, LeRoy Oquist, Connie Modig
Others Present: Scott Hickok, Planning Coordinator-
Michele McPherson, Planning Assistant --
' Mearlin Nordstrom, 501 Rice Creek Boulevard
Bob Gilstad, 930 Haclaaann Avenue N.E.
David Stewart, 1005 Fifth Street,
Minneapolis, Minnesota
Marlene Knight, 503 Rice Creek Terrace N.E.
APPROVAL OF OCTOBER 5. 1994. PLANNING COMMISSION MINUTES:
MOTION by Mr. Sie�aff, seconded by Mr. Saba, to approve the ..
october 5, 1994, Planning Commission �inutes as written.
IIPON A VOICE VOTE, ALL VOTING AYS, CSAIRPLRSON NSWMAN DTsCLARED
THE MOTION CARRILD IINANIMOIISLY. �
l. CONSIDERATION OF A LOT SPLIT, L.S. #94-06, BY DAVID STEWART:
To split Lot 3, Block 2, Sexter Addition, City of Fridley,
Anoka County, Minnesota, into two parts: _____ _
Parcel A: the south 35 feet of Lot 3, Block 2, Sexter
Addition; and
Parcel B: that part of Lot 3, Block 2, Se�er Addition,
lying north of the north 35 feet of said Lot 2,
This property is generally located at 5720 Po1k Street.
Mr. Hickok stated the first three items are related. The lot
split involves the property at 5720 Polk Street N.E. which is
owned by the City. The City purchased the property as part of
the Polk Street improvement which required additional right-of-
way to be acquired. In 1992, a house was on the site. Because
the additional right-of-way took enough of the site, the City
purchased the entire site and demolished the house.
Mr. Hickok stated the lot split involves the southern 35 feet
0
PLANNING COMMI88ION MEETING OCTOBER 19. 1994 PAGE 2
across the entire southern edge of the property as it abuts the
Moore Lake Apartment property to the south. Mr. Stewart, the
petitioner, is one of the owners of the Moore Lake Apartment
complex, and this lot split is being proposed to add to the
current parking for that site. Originally, there were 70 parking
stalls planned with the apartments. At the time the buildings
were constructed, 64 parking spaces were required. With time and
two income households using two cars.per family, it would
increase the demand and number of spaces required. Our current
standards would require 109 spaces for a complex of this size.
With the complex pre-dating this requirement, it leaves cars
parked on Lynde Drive. The petitioner has discussed this problem
with staff and the City Council. The City Council asked staff to
look at this and evaluate some alternatives.
Mr. Hickok stated staff and the petitioner have discussed
alternatives. Originally it was felt there may be an opportunity
to purchase not only a portion of the City property but also
property to the west owned by Mr. and Mrs. Gilstad and_that owned
by Pure Oi1 Company. At that time, neither the Gilstads nor Pure
Oil Company were willing to sell property; therefore, this
parking lot e}cpansion would accomplish some of what the complex
owners are after and would certainly help the parking along Lynde
Drive. The construction of this parking area would allow 15
spaces on the property. As 15 spaces are created, some other
spaces will be replaeed. The net gain.is approximately 8 parking
spaces.
Mr. Hickok stated the lot split leaves a portion of the property
to the north to be retained by the City whicli would accommodate a
single family dwelling. The minimum lot size in this R-1
district is 9,000 square feet. With the potential sale of 5,705
square feet, there remains a lot that exceeds the minimum
standard for both width and depth.
Mr. Hickok stated staff recommends approval of the lot split with
the following stipulations:
1. The 35' x 140' parcel adjacent to the Moore Lake Apartment
complex shall be utilized for the parking expansion
indicated on the site plan and shall be landscaped/screened
according to Section 205.07.O1.C.(7).
2. The new 35'x 140' parcel shall be consolidate8 with the
Moore Lake Apartment site as one tax parcel.
3. Special Use Permit, SP #94-16, and Variance request, VAR
#94-26, shall be approved.
MoTION by Mr. Sielaff, seconded by Mr. Saba, to receive the
letter of October 17, 1994, from Councilmember Billings regarding
. �
PLANNING COMMI88ION MEBTING OCTOB$R 19. 1994 PAGE 3
the property at 5720 Polk Street.
IIPON A VOIC$ VOT$, ALL VOTING AYE,
THE MOTION CARRIED QNANIMOQSLY.
l��1�1Vic`,`���s[��,`�:�i]
Mr. Newman stated Councilmember Billings states in his letter
that, first, selling or leasing the entire parcel would be a
major fix of the parking problem; second, splitting the property
creates a need for additional variances; and third, the reason
for the adjacent zoning change to R-1 would eliminate the
possibility of Union 76 building a combination fast-food/gas
station.
Mr. Hickok stated, in response to the first comment, the proposal
is to split off the southern 35 feet. In previous City
discussions includi.ng City Councilmembers, the interest was-in
retaining as much of that property as possible while still
allowing some relief, if possible, to the apartments to the
south. It was felt that in the early discussions, for the
residents on Polk Street, this would be an appropriate solution.
After purchasing the property and demolishing the original house,
the potential of construction of a new house with some relief for
the apartments would be there. If the Commission prefers, staff
could do an analysis on what the gain would be in using the
entire site. The circulation would need to be laid out, and
staff would need to see how many spaces could be available on the
site. Staff's understanding of t2ieir direction was that the
southern 35 feet would be most appropriate.
Mr. Hickok stated, in response to the second comment regarding
the need for additional variances, the Appeals Commission
reviewed this item at their meeting of October il, 1994, and the
Appeals Coiamission recommended the variances. One var-3�nce
reduced the setback from the west lot line of this 35 foot strip
from 10 feet to 0 feet.
Mr. Newman stated this is a side yard setback�and to eliminate
that setback could eliminate one parking space.
Mr. Hickok stated this was correct.
Mr. Hickok stated a variance reduced the setback from 10 feet to
5 feet along the northern portion of the parking area to allow
standard depth parking stalls of 20 feet and allow enough room.
for the required screening fence and landscaping.
Mr. Newman asked why they reduced the setback to 5 feet rather
than taking another 5 feet from the lot so no variance would be
necessary.
Mr. Hickok stated.in doing this the remaining property would be
•=
FLANNING COMMI88ION MEETING OCTOB$R 19. 1994 PAaE 4
less than the minimum standard. Leaving a standard lot was
important. The City could have set firm with a 75 foot lot and�
given them 2 additional feet. They did not do this so 5 feet was
requested.
Mr. Hickok stated, along Polk Street and in order to allow for
another parking stall, a variance was requested to reduce the
setback from 35 feet to 20 feet. In order to accomplish that,
staff has made a recommendation to landscape along the street
side of the project in order to soften the impact of that parking
staff .
Mr. Newman asked if there was a need for more parking than what
is provided in this lot split.
Mr. Hickok stated, according to the code, a modern day complex of
this size would require 109 spaces. If you were to determine the
needs based on the demand in that area, one would look at the
cars parked along Lynde Drive. According to windshield.surveys
and reports from the complex, about 15 cars are parked on the
street on any given day. With the creation of 15 stalls, it is
getting at the problem but not solving the problem.
Mr. Newman asked if taking all of the property on Polk Street and
turning it into a parking would be too much. --
Mr. Hickok stated it was possible. Staff can do an analysis to
see how many stalls they could get and what the circulation would
be.
Mr. Hickok stated Councilmember Billings refers to the rezoning
to R-1 which would require a future buffer zone. In the C-1 and
commercial districts in general it states that "permi��-ec�
buildings and uses, except automobile parking anc� loading spaces,
driveways, central services, walks, planting spaces, shall not be
closer tv the boundary line of any adjacent residential district
than 30 feet to allow for plantings, buffers, and screening." In
the comments regarding rezoning, there is concern about the 30
foot buffer. If Union 76 wishes to do certain things, they would
have that issue to deal with on a rezoning to a residential site
to the east.
Mr. Newman asked what the current setback is.
Mr. Hickok stated, because the property behind them is
commercial, the commercial property could have a 0 lot line if
the other property was involved. There is more flexibility if
the property remains commercial. That certainly is an issue the
Councilmember is pointing to in the letter.
Mr. Saba asked if the City has tried to•sell the property at 5720
sC
PLANNING COMMISSION M88TING OCTOB$R 19, 1994 PAGE 5
Polk Street before.
Mr. Hickok stated no. He believed this to be the first
discussion.
Mr. Newman asked, with the lot split, will the remaining parcel
to the north meet the minimum requirements for a residential lot.
Mr. Hickok stated yes. The lot would actual exceed the minimum
requirements.
Mr. Newman asked, with the dimensions, can someone build a single
family home without a variance.
Mr. Hickok stated yes. This is a nicely situated site-with some
mature vegetation. -�
Ms. Savage stated there is a very large tree on the site. Is
that on the portion being considered to be sold?.
Ms. McPherson stated the tree is on the remnant piece that the
City would retain.
Mr. Sielaff asked the current zoning-on the lot and if the lot
would need to be rezoned.
Mr. Hickok stated the lot is currently zoned R-1. That is the
reason for the special use permit which would.allow for parking
on an R-1 property.
Mr. Saba asked if the landscape plan is approved by the City.
Ms. McPherson stated yes. The landscape plan was deveinged by
staff. The petitioner has seen the landscape plan which is part
of the variance approval as a stipulation.
Mr. Saba asked if there was a date set for completion of the
landscaping.
Ms. McPherson stated she did not believe a date was set for
completion of the landscaping. The stipulation aould be amended
to indicate a date.
Mr. Sielaff asked if the apartment owners were willing to pay for
the entire lot. Does this have anything to do with whether they
are willing to do so?
Mr. Hickok stated the petitioner is present. This has not been
discussed.
Mr. Stewart, a managing partner of the Moore Lake Apartments,
. �
�LANNING COMMISSION MB$TING OCTOB$R 19. 1994 PAG$ 6
stated he could not add much to what had been discussed. With
the expansion of the lot to the north, this will increase the.
parking spaces and solve some of the problems. This will also
add to the safety from the point of view of the fire chief, who
is concerned about bringing equip�ent in the back. At the back
of the building, the space is very tight. Currently, there are
seven parking stalls which are very small and they had a
difficult time with snow. The additional space will alleviate
the problems of bringing in safety equipment, if needed, and make
18 staffs that are effective parking stalls. As part of the
rezoning, they will have the ability to contain snow on that
easement portion of the property.
Mr. Stewart stated he had talked with the City about buying the
lot and maintaining the lot, but the City wanted to ke�� it for a
single family home and were concerned about the large tree.-�� It
would also require access on Polk Street. Our present plan does
not provide access to Polk.
Mr. 5ielaff asked if he had interest in acquiring the entire lot.
Mr. Stewart stated, from an economic point, he was not sure how
many stalls wauld be created. He was not sure it would solve the
problem. Unfortunately, everyone now has two cars. The City has
granted relief by allowing some parking on the street and he --
would like to see that mairitained. The addition of these stalls
will make a major difference. It is also a matter of cQSt.
Mr. Sielaff asked if Mr. Stewart thought there would no lo�ger be
a need for on street parking.
Mr. Stewart stated he thought this would solve the problem of
residents. It is the guests of the residents that car�at-find
spaces. When they received a reprieve from the City in June,
they were given 6 to 9 months to come to some solution. They put
up signs and brought out safety vehicles. To the best of his
knowledge, there has not been a problem on the street.
Ms. Savage stated the Appeals Commission voted unanimously to
approve the request. It seemed to be a solution to the parking
problem which did not adversely impaGt the neighborhood and was
in keeping with the code. The stipulations were agreed to. She
would be opposed to the use of the entire property for parking.
One reason being that it would take away green space. That is a
residential area. Turning that entire lot into a parking space
would be detrimental. There is a large mature tree that is an
asset which we should try to keep. The petitioner is not asking
for more space and the solution proposed solves the parking
problem, saves the green spaae, and keeps the residential
character. She would be in favor of the lot split.
�
PLANNING COMMI88ION MEBTING OCTOB$R 19. 1994� � PAG$ 7
Mr. Saba stated he would like to see more parking if possible,
but he did not want the entire lot used for parking for the same
reasons as stated. He would be in favor of approval.
Mr. Sielaff stated he agreed for the reason stated.
Mr. Newman stated, as far as the variances go, one variance is to
keep the remaining lot residential. He does want to get into the
realm of the Appeals Commission, but it seems the City
Councilmember raised issues we should address. As far as the lot
split, it makes sense.
MOTION by Mr. Saba, seconded by Mr. Sielaff, to approve Lot
Split, L.S. #94-06, by David Stewart, to split Lot 3, Block 2,
Sexter Addition, City of Fridley, Anoka County, Minnesota, into
two parts: -
Parcel A: the south 35 feet of Lot 3, Block 2, Sexter
Addition; and
Parcel B: that part of Lot 3, Block 2, Sexter Addition,
lying north of the north 35 feet of said Lot 2,
This property is generally located at 5720 Polk Street, with the
following stipulations:
1. The 35' x 140' parcel adjacent to the Moore Lake Apartment
complex shall be utilized for the parking expansion
indicated on the site plan and shall be landscaped/screened
according to Section 205.07.01.C.(7).
2.
3.
The new 35'x 140' parcel shall be consolidated with the
Moore Lake Apartment site as one tax parcel. ---- -
Special Use Permit, SP #94-16, and Variance request, VAit
#94-26, shall be approved.
IIPON A VOICB VOTL, ALL VOTING AYl�, CHAIRPLRSON NLWMAI�T DBCLARLD
THE MOTION CARRIED IINANIMOIIBLY.
2. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT,_SP
�94-16. BY DAVID STEWART:
Per Section 205.07.O1.C.(7) of the Fridl�ey City Code, to
allow automobile parking for adjacent uses, on the south 35
feet of Lot 3, Block 2, Sexter Addition, generally located
at 5720 Polk Street N.E.
MOTION by Ms. Savage, seconded by Mr. Sielaff, to waive the
reading of the public hearing notice and to open the public
hearing.
��
PLANNING COMMISSION MEBTING OCTOBER 19. 1994 PAGE 8
UPON A VOICE VOTL� ALL VOTING AYE� CHAIRPERSON NEWMAN DLCLARED
THE MOTION CARRIED AND TH$ PIIBLIC HEARING OP$N AT 8:04 P.M.
Mr. Hickok stated the special use request is to allow parking on
land that is a different classification. In this case, the
zoning is R-1, Single Family. The Special Use Permit would put
stipulations on that piece of property to assure that screening
and other impact elements would be considered as part of the
approval.
Mr. Hickok stated staff recommends approval of the Special Use
Permit with the following stipulations:
1. Variance request, VAR #94-26, and Lot Split request, L.S.
#94-06, shall be approved. -
2. A new six foot screening fence shall be constructed on the
northern edge of the easement across the Gilstad property.
3. The petitioner shall install landscaping along the street as
indicated on the plan developed by staff including the
following elements:
A. 2 - Nanking Cherry
B. 6 - Maney Juniper
C. 8 - Isanti Dogwood
D. 14 - "Miss" Rim Lilac
E. Weed Barrier
F. 3-inch rock mulch
G. Vinyl edging
4. The parking lot perimeter, except for the area next to the
retaining wall, shall be lined with six-inch conc�Ete
curbing in accordance with Fridley Engineering Department
specifications.
5. The petitioner shall install a six-foot high board on board
screening fence constructed of treated wood parallel to and
two feet from the north property line. The fence height
shall be reduced to four feet at a point 35 feet from the
Polk Street lot line. Engleman ivy shall be planted two
feet on center on the north side of the fence.
Commission members had no questions of staff.
Mr. Stewart had no additional comments.
MOTION by Mr. Saba, seconded by Ms. Savage, to close the public
hearing.
�•1` ,
PLANNING COMMISSION MEETING OCT0813R 19. 1994 PAGE 9
IIPON A VOICE VOTE� ALL VOTIN(i AYE, CHAIRPLRSON NSWMAN DECLARED
THE MOTION CARRIED AND THE POBLIC HEARINt3 CLOSBD.AT 8207 P.M.
MOTION by Ms. Savage, seconded by Mr. Sielaff, to approve Special
Use Permit, SP #94-16, by David Stewart, to allow automobile
parking for adjacent uses, on the south 35 feet of Lot 3, Block
2, Sexter Addition, generally located at 5720 Palk Street N.E.,
with the following stipulations:
1. Variance request, VAR #94-26, and Lot Split request, L.S.
#94-06, shall be approved.
2. A new six foot screening fence shall be constructed on the
northern edge of the easement across the Gilstad property.
3. The petitioner shall install landscaping along the street as
indicated on the plan developed by staff including the
following elements:
A. 2 - Nanking Cherry
B. 6 - Maney Juniper
C. 8 - Isanti Dogwood
D. 14 - "Miss" Rim Lilac
E. Weed Barrier
F. 3-inch rock mulch
G. Vinyl edging
The landscaping is to be completed with one year after
completion of the parking lot.
4. The parking lot perimeter, except for the area next to the
retaining wall, shall be lined with six-inch concrete
curbing in accordance with Fridley Engineerinq De�r-tment
speciiications. .
5. The petitioner shall install a six-foot high board on board
screening fence constructed of treated wood parallel to and
two feet from the north property line. The fence height
shall be reduced to four feet at a point 35 feet from the
Polk Street lot line. Engleman ivy shall be planted two
feet on center on the north side of the fence.
IIPON A VOICE VOTE� ALL VOTING AY1:� CHAIRPLRSON NSWMAN DECLARLD
THE MOTION CARRIED IINANIMOIIBLY.
3. PUBLIC HEARING: CONSIDERATION OF A REZONING RE4UEST, ZOA
#94-03, BY DAVID STEWART:
To rezone from C-1, Local Business, to R-I, Single Family
Dwelling, to allow parking and dumpster placement on the
easterly 120 feet except the northerly 135 feet of that part
of Lot 1, Auditor's Subdivision #25, which is described.as
6H
PLANNING COMMISSION MBETING OCTOBER 19. 1994 PAGE 10
follows to wit: beginning at a point on the north line of
said Auditor's Subdivision distant 221.7 feet east of the
northwest corner thereof which point is also on the
centerline of Central Avenue, then east on said north line a
distance of 270.8 feet, then south a distance of 308.2 feet
to a point on a line parallel with and 160 feet north of the
most southerly line of said Lot 1 which point is 437.44 feet
distant east from the centerline of Central Avenue, then
west along a line parallel with and 160 feet north of the
most southerly line of said Lot 1, 437.44 feet to the
centerline of Central Avenue, then northeasterly along said
centerline to the point of beginning and except the north 30
feet thereof said 120 feet to be measured along the north
line of said Lot 1. This property is generally located west
of 5720 Polk Street and north of Moore Lake Apartments.
MOTION by Mr. Sielaff, seconded by Mr. Saba, to waive the readinq
of the public hearing notice and to open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE� CBAIRPERSON NEWMAN DLCLARED
T8E MOTION CARRIED AND THE PIIBLIC HEARIN(� OPEN AT 8:09 P.M.
Ms. McPherson stated Mr. Stewart is the petitioner and Mr.
Gilstad is the property owner. The subject parcel is located
between 5720 Polk Street and vacant property owned by Pure Oil ..
Company, north of the apartment complex,.and to the rear of Mr,
Gilstad's dwelling located at 930 Haclaaann Avenue N.E. The
request is to rezone the subject parcel from C-1, Local Business,
to R-1, Single Family Dwelling. While the petitioner has been
the same in all three requests, this request is not directly
related to the other requests being processed by the petitioner.
Ms. McPherson stated the rezoning request is a result_o� _
negotiations between the petitioner and the owner to obtain a
snow storage easement along the north property line between the
subject parcel and the apartments to allow snow storage for the
apartment complex.
Ms. McPherson stated, when considering a rezoning request, staff
evaluates three criteria:
• District compatibility with adjacent uses and zoning.
• District intent.
• Whether or not the parcel meets the district requirements.
Ms. McPherson stated, in this particular area, the adjacent
zoning includes R-1, Single Family Dwelling, to the north and
east of the subject parcel; C-1, Local Business, to the west; and
R-3, General Multiple Family, to the south. There are single
s�
PLANNINQ� COMMISSION MEETING OCTOBER 19. 1994 PAGL 11
family dwellings to the north and east, an apartment complex to
the south, and a convenience/gas station use to the northwest of
this area. Rezoning the subject parcel would be compatible with
adjacent uses and zoning. Use of the property in its current
zoning would be limited due to the shape and location of the
property. The property is also land locked. Any development
which would occur on this property would need to occur in
combination with either property to the north or the property to
the west to provide street access. Due to the current zoning
configuration, the C-1 district ends at somewhat of an awkward
location. By moving the zoning district line, it makes more
sense. �
Ms. McPherson stated, in terms of the district requirements, the
subject parcel is currently vacant and measured 120' x-170' with
an area of approximately.20,400 square feet. The property is
land locked and does not have street access. This property
should be combined with the owner's property to the north.
Currently, there is a low spot in the southern portion_of the
parcel that receives storrnwater run off from adjacent properties
in the area. With the exception of the lack of access, the
property does meet the minimum requirements of the R-1, Single
Family Dwelling, district.
Ms. McPherson stated, in terms of district intent, typically when •
the City reviews rezoning requests, staff is looking at a
specific site plan or a specific use. At this time, the
petitioner and the owner are not interested in developing the
property. In the future, any development plans for this parcel
would be subject to the R-1, Single Family District, regulations.
Ms. McPherson stated staff recommends approval of the request as
it meets the criteria; subject to the owner combining-t�re-parcel
with the parcel to the north as one parcel of record.
Mr. Newman asked if the parcel directly to the north has a
structure located on the property.
Ms. McPherson stated yes.
Mr. Newman stated, since the subject parcel is land locked, it
would be hard to use it in cambination with the parcel to the
north.
Ms. McPherson agreed.
Mr. Newman asked if this was necessary to accomplish snow
storage.
Ms. McPherson stated it was not a requirement of the City;
however, it was the agreement between the petitioner and the
6J
PLANNING COMMI88ION ME$TING OCTOBER 19, 1994 PAGE 12
owner of the property.
Mr. Stewart stated the reason for the request is an agreement
with he and Mr. Gilstad. Mr. Stewart wanted to be able to move
the fence off the property line. Currently, they cannot push
snow in that direation. Mr. Gilstad has agreed to grant an
easement to the partnership to allow us to build a fence across
his property line, which will enable them to move the car bumpers
to the property line to the edge of the asphalt and not hit the
fence. They talked about putting the fence back 15 feet which
would be adequate and will make the accessibility of traffia
better. For that reason, he agreed to petition for rezoning as a
means of allowing the partnership to have better access and a
better ability to remove snow.
Mr. Newman stated, from a design standpoint, what you are t�ying
to achieve is admirable. If it is rezoned from a planning
standpoint, it is difficult to rezone for single family uses. He
thought they could utilize by moving the current structure. The
difficult planning issue is that the property is land locked. It
makes it difficult to rezone until he knows how it will be used.
Mr. Gilstad stated he has been talking to staff in the last 10
years and they were already saying then the.y would like to see
the property residential. The property is land locked. An --
easement was given to the property owned by Pure Oil and given to
them. It is his intention for the property is to clean it up and
join it with his backyard. .�
Mr. Newman stated he could do that as the property is currently
zoned.
Mr. Gilstad agreed. Staff said they wanted the prope�t� zoned R-
1. The commercial zoning has no benefit to him. ge cannot sell
the property because it is land locked. If joined to the
property, he still owns it either way.
Mr. Newman stated that,
an effort to accommodate
Council in the past.
Mr. Gilstad stated yes.
essentially, the request is being made in
concerns raised by staff and the City
MOTION by Mr. Sielaff, seconded by Ms. Savage, to close the
public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPSRSON NEWKAN DECLARED
THL MOTION CARRIED AND THE PIIBLIC HEARING CL088D AT 8t20 P.M.
Mr. Sielaff stated it is an unusual request but he sees no reason
not to approve it.
6K
PLANNING COMMISSION MEETING OCTOBBIt 19. 1994 PA(�E 13
Mr. Saba stated he has concerns about a land locked property in
that it creates problems in the future. He did not know that the
request would solve that. They may need to change the code to
make it accessible. This may be the best use. It does solve two
problems. At some point in time, they may have to go back and do
something about it. Anytime there is a land locked property,
there is a problem in the future. In light of that, he would be
will to go along but he has reservations.
Ms. Savage stated she would support approval.
Mr. Newman stated he was opposed. On a land locked piece of
property with no specific plan, he sees no reason to rezone. The
property to the west is commercial. The property to the south is
multi-family and one could say it might be part of the-multi-
family. It makes sense to him to keep it as it is. Withou� a
plan, it makes no sense to rezone.
MOTION by Mr. Sielaff, seconded by Ms. Savage, to recommend
approval of Rezoning Request, ZOA #94-03, by David Stewart, to
from C-1, Local Business, to R-1, Single Family Dwelling, to
allow parking and dumpster placement on the easterly I20 feet.
except the northerly 135 feet of that part of Lot 1, Auditor's
Subdivision #25, which is described as follows to wit: beginning
at a point on the north line of said Auditor's Subdivision
distant 221.7 feet east of the northwest corner thereof which
point is aZso on the-centerline of Central Avenue, then•east on
said north line a distance of 270.8 feet, then south a distance
of 308.2 feet to a point on a line parallel with and 160 feet
north of the most southerly line of said Lot 1 which point is
437.44 feet dzstant east from the centerline of Central Avenue,
then west along a line parallel with and 160 feet north of the
most southerly line of said Lot 1, 437.44 feet to the--�enterline
of Central Avenue, then northeasterly along said centerline to
the point of beginning and except the north 30 feet thereof said
120 feet to be measured along the north line of said Lot 1. This
property is generally located West of 5720 Polk Street and north
of Moore Lake Apartments; with the following stipulations:
1. This shall be subject to the owner combining the parcel with
the parcel to the north as one parcel of record.
Mr. Sielaff asked if the easement needed to be addressed.
Mr. Hickok stated the easement is an issue between the property
owners. Staff recommendation for the fence on the back of that
easement was to allow for snow storage which is part of the
parking issue. According to code, the fence would need to be
nearly on the property line. This is saying is that it would be
back beyond their private agreement so that he could do the snow
storage. Easement language was tied directly into because staff
6L
PLANNING COMMISSION MFETING OCTOBER 19. 1994 PAGE 14
sees this as an issue they are dealing with. There is a fence
that encloses a screening area on the property. If the parking
area is backed up to residential, it requires a fence. He
thought a portion of that is screened by the dumpster enclosure
but the code requirement would be that the privacy fence be
completed along the back lot line.
Mr. Newman stated he understands the easement is a contractual
agreement between the petitioner and owner. The Commission's
basis for rezoning is good planning. If the easement is not
granted, the fence needs to be on the property line. If the
easement is granted, the fence is to be placed on the easement.
IIPON A VOICE VOTE, AITH MS. SAVAGE� MR. SABA AND MR. SIBLAFF
VOTING AYE AND MR. NFWMAN VOTING NAY� CHAIRPERSON NBWMAN DECLARED
THE MOTION CARRIED BY A MAJORITY VOTE. -�
Ms. McPherson stated the Special Use Permit, Variance, and Lot
Split would be considered by the November 7. A public hearing
wil.l be established for the rezoning at this meetinq also.
4. CONSIDERATION OF A VACATION REOUEST SAV #94-03 BY MEARLIN
NORD5TROM•
To vacate•that part of the drainage and utility easements
which lie six feet on both sides of the line between Lot 8 --
and Lot 9, Block 2, Holiday Hills, Anoka County, Minnesota,
and between said Lot 9 and Lot 8, Block 1, Holiday Hills
Second Addition, Anoka County, Minnesota, and which lie
within the boundary of the following described tract: That
part of Lot 8, Block 2, Holiday Hills, Anoka County,
Minnesota, lying southerly of the following described line:
Beginning at a point on the easterly line of said Lot 8, 15
feet northeasterly of the most southerly corner �her-eof,
thence northwesterly to the most westerly corner of said Lot
8 and there terminating; also Lot 9, Block 2, Holiday Hills,
Anoka County, Minnesota; also that part of Lot 8, Block 1,
Holiday Hills Second Addition, lying southeasterly of the
following described line: Beginning at a point on the
westerly line of said Lot 8, 55 feet northwesterly of the
most southerly corner of said Lot 8; thence to a point on
the easterly line of said Lot 8, 99.65 feet from the most
sautherly corner of said Lot 8 and there terminating. This
property is generally located at 501 Rice Creek Boulevard
N.E.
Ms. McPherson stated the subject parcel is located at 501 Rice
Creek Boulevard N.E., which is located south of 69th Avenue and
east of University Avenue. The property is zoned R-1, Single
Family Dwelling. There is R-3, General Multiple Family, at the
intersection where Woodcrest Baptist Church is located.
�
PLANNING COMMISSION MEETING OCTOBER 19, 1994 PAGE 15
Ms. McPherson stated the petitioner is requesting that drainage
and utility easements be vacated along the west and north lot
lines of Lot 9, B1ock 2, Holiday Hills Second Addition. The
petitioner owns the subject parcel and, over the years, has
acquired small pieces of property to the west and north and
consolidated them into one tax parcel. The petitioner is
proposing to add on to an existing two-car garage. The location
of the easements are such that they bisect the buildable area,
specificalZy the area directly west of the subject dwelling where
the petitioner proposes to add on to the garage. The petitioner
is requesting the easement be vacated and that he would dedicate
new drainage and utility easements along the west and north
property lines. There are no public utilities located within the
easement area. Vacating easements would not adversely affect
drainage. Staff did notify the private utilities via fax and
have received one response from Minnegasco who had no objections.
Staff felt they would hear from the remaining utilities prior to
this being heard by the City Council.
Ms. McPherson stated the petitioner did not submit plans for the
proposed garage expansion. Staff looked at the existing garage
and any potential plans the petitioner may have. The existing
garage is 26 feet x 30 feet or 780 square feet. The code allows
the first accessory structure to be 1,000 square feet. Without a
variance, the petitioner could add 220 square feet or an addition --
11 feet x 20 feet. A proposed expansion of that size would not
adversely impact the lot coverage which would be at 15.6�. Any
plans by the petitioner would need to comply with code or a
variance obtained.
Ms. McPherson stated the original easements are 12 feet wide with
six feet on either side of the property line.� The City is unable
to obtain the additional six feet from the adjoining p��perty
owners as they are not a party to the request. Staff is
proposing that the petitioner provide 12-foot easements along the
north and west property line.
Ms. McPherson stated staff recommends approval of the request
with the following stipulations:
1. A Z2-foot drainage and utility easement shall be dedicated
along the inside of the west and north property line.
2. The garage expansion shall comply with the code
requirements, or a variance obtained.
Ms. Savage asked if the petitioner would need a permit from the
Rice Creek Watershed District.
Ms. McPherson stated the impact is sma�ler than the minimum
requirement. Staff will have the petitioner confer with the
6N
PLANNxNG COMMISSION MEETING OCTOBER 19, 1994 PAG$ 16
district to be sure no permits are required.
Mr. Nordstrom stated he combined the three lots because there was
a problem with the tax papers. He then found out there were
easements. He wants the easements moved in order for him to keep
cars off the street. Within the last year or so, there was
beginning to be a problem with too many cars on the street.
Mr. Newman asked the petitioner if he was comfartable with the
stipulations.
Mr. Nordstrom stated he was comfortable with the stipulations as
stated.
MOTION by Mr. Sielaff, seconded by Mr. Saba, to approve the
vacation request, SAV #94-03, by Mearlin Nordstrom, to vaca�e
that part of the drainage and utility easements which lie six
feet on both sides of the line between Lot 8 and Lot 9, Block 2,
Holiday Hills, Anoka County, Minnesota, and between said Lot 9
and Lot 8, Block 1, Holida� Hills Second Addition, Anoka County,
Minnesota, and which lie within the boundary of the follawing
described tract: That part of Lot 8, Block 2, Holiday Hills,
Anoka County, Minnesota, lying southerly of the following
described line: Beginning at a point on the easterly line of
said Lot 8, 15 feet northeasterly of the most southerly corner --
thereof, thence northwesterly to the most westerly corner of said
Lot 8 and there terminating; also Lot 9, Block 2, Holiday Hills,
Anoka County, Minnesota; also that part of Lot 8, Block 1,
Holiday Hills Second Addition, lying southeasterly of the
following described line: Beginning at a point on the westerly
line of said Lot 8, 55 feet northwesterly of the most southerly
corner of said Lot 8; thence to a point on the easterly line of
said Lot 8, 99,65 feet from the most southerly corner-o-f-�aid Lot
8 and there terminating. This property is generally located at
501 Rice Creek Boulevard N.E., with the following stipulations:
1. A 12-foot drainage and utility easement shall be dedicated
along the inside of the west and north property line.
2. The garage expansion shall comply with the code
requirements, or a variance obtained.
UPON A VOICE VOTB, ALL VOTING AYB, CHAIRP$RSON NLWMAN D$CLARED
THE MOTION CARRIBD [TNANIMOIISLY.
Ms. McPherson stated the City Council would establish a date for
the public hearing on November 7.
5. RECEIVE THE MINUTES OF THE ENVIRONMENTAL 4UALITY AND ENERGY
COMMISSION MEETING OF SEPTEMBER 20. 1994
• �J
PLANNING COMMISSION ME$TING OCTOBER 19, 1994 PAG$ 17
MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the
minutes of the Environmental Quality and Energy Commission
meeting of September 20, 1994.
IIPON A VOICE VOTB, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRISD IINANIMOIISLY.
6. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF
OCTOBER 11, 1994
MoTION by Ms. Savage, seconded by Mr. Sielaff, to receive the
minutes of the Appeals Commission meeting of October il, 1994.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NFWMAN DECLARED
THE MOTION CARRISD IINANIMOIISLY.
7. OTHER BUSINESS
Mr. Hickok provided an update on City Council actions on Planning
Commission recommendations. �
ADJOURNMENT �
MOTION by Mr. Sielaff, seconded by Ms: Savage�, to adjourn the
meeting.
IIPON A VOICL VOTE� ALL VOTING AYE, CBAIRPl3R80N NEWMAN Dl3CLARLD
THL MOTION CARRIl3D AND THB OCTOBBR 19, 1994, PLANNING COMMISSION
MEETING ADJOIIRNED AT 8:42 P.M.
Respectfully submitted,
_ � ��
avonn Cooper
Recording Secretary
�
0
S I G N- IN S H E E T
PLANNING COMMISSION MEETING, Wednesday, October 19, 1994
Name Address/Business �
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Community Development Department
PLANNING DIVTSION
City of Fridley
DATE: November 3, 1994
TO: William Burns, City Manager�w�
FROM:
FROM:
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Establish Public Hearing for a Rezoning Request,
ZOA #94-03, by David Stewart
The Planning Commission reviewed the rezoning request by David
Stewart for property owned by Robert Gilstad at its October 19,
1994 meeting. The property is generally located west of 5720
Polk Street N.E., south of 930 Haclaaann Avenue N.E., and north of
Moore Lake Apartments. The Planning Commission voted 3:1 to
recoYamend approval of the request ta the City Council. The
zoning ordinance requires the City Council to conduct a public
hearing for all rezoning requests.
RECOMMENDATiON
Staff recommends that the City Council establish November 21,
1994 as the date of the public hearing.
MM/dw
M-94-663
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ZOA �� 94-03
David Stewart
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65
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I
DATE:
TO:
FROM:
SUBJECT:
Community Development Department
PI.ANNING DIVISION
City of Fridley
November 3, 1994 �
William Burns, City Manager ��
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Establish Public Hearing for a Vacation Reque�.t,
SAV #94-03, by Mearlin Nordstrom; 501 Rice Creek
Boulevard N.E.
The Planning Commission conducted an informal hearing regarding
the vacation request at its October 19, 1994 meeting. The
request would vacate drainage and utility easements along the
north and west lot lines of the subject parcel. The Commission
voted unanimousZy to recommend approval of the vacation request
to the City Council. The City Charter requires.that the City
Council conduct a public hearing regarding all vacation requests.
RECOMMENDATION
Staff recommends that the City Council establish November 21,
1994 as the date of the public hearing.
MM/dw
M-94-664
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Community Development Department
NG DIVISION
City of Fridley
DATE: November 3, 1994 �
TO: William Burns, City Manager �
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Variance Request, VAR #94-27, by Percy Taylor;
7835 Main Street N.E.
The Appeals Commission reviewed the variance request ta reduce
the rear yard setback from 25 feet to 15 feet at its October 25,
1994 meeting. If approved, the variance request would allow
construction of a 10� x 20' addition to the rear of the building
to enclose the company's air compressors.
RECOMMBNDATION
The Appeals Commission voted unanimously to recommend approval of
the request to the City Council with one stipulation:
1. The addition shall be architecturally compatible with the
existing building.
Staff recommends that the City Council concur with the�Appeals
Commission action. "
MM/dw
M-94-666
STAFF REPORT`
Community Development Department
Appeals Commission Date . October 25, 1994
Planning COmmission Date '
City Council Date • November 7, 1994
APPLICATiON NtTMBER:
Variance request, VAR #94-27
P�TITIONER•
Percy Taylor, owner of Talco, Inc.
LOCATION:
7835 Main Street N.E., located at the intersection of 79th Avenue
and Main Street. The property is zoned M-2, Heavy Industrial.
RE4IIEST•
To reduce the rear yard setback from 25 feet to 15 feet to allow
construction of an addition. -
ANALYSIS�
sectioa 205.18.o3.D.(3) requires a rear yard depth of nt.less ✓
than 25 feet.
Public purpose served by this request is to provide adequate open
space areas around industrial structures for aesthetic and fire
fighting purposes.
---- -
� ��. , :
The petitioner is proposing to construct a 10' x.20' addition to -
the rear of the building to enclose air aompressors used..in the;�,.
petitioner's manufacturing business. The petitioner-was unable :
to locate them inside the existing building.
i.ocated to the east is Biza1 Manufacturing. A fenced storage
area is located adjacent to the proposed addition area. No
driving or parking areas are located next to the addition area.
The addition would not adversely impact the drainage area between
Talco and Bizal. The addition should be architecturally
compatible with the existing building.
RECOMMENDATIONjBTIPIILATIONS:
Staff has no recommendation regarding the request since it is
within previously granted variances, if the Appeals Commission
chooses to recommend approval of the request to the City Council,
0
Staff Report
VAR #94-27, by Talco, Inc.
Page 2
staff recommends the following stipulation:
1. The addition shall be architecturally compatible with the
existing building.
APPEALS COMMISSION ACTION
The Appeals Commission voted unanimously to recommend approval of
the request to the City Council as presented by staff.
CITY COIINCIL RECOMMENDATION
Staff recommends that the City Council concur with the �ppeals
Commission action. -�
[/ �:
---- -
v�x ��94-2�
Talco, Inc.
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Talco, Inc.
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CITY OF FRIDI,$Y
APPEALS COMMISSION MEETING, OCTOBER 25, 1994
CALL TO ORDER'
Chairperson Savage called the October 25, 1 , Appeals
Commission meeting to order at 7:30 p.m.
ROLL CALL•
Members Present: Diane Savage, La Kuechle, Carol Beaulieu
Members Absent: Ren Vos, Ca�y Smith
Others Present:
Miche McPherson, Planning Assistant _.,
Per Taylor, Talco, Inc.
t Seger, 1401 - 73rd Avenue N.E.
Margaret Seger, 140i - 73rd Aver�ue N.E.
il. 1994. APPEALS COMMISSION MINUTES:
MoTION Yy� Mr. Kuechle, seconded by Ms. Beaulieu, to approve the
Octob� 11, 1994, Appeals Commission minutes as written.
J7�ON A VOICE VOT]3 � ALL VOTING AYB, C$AIRP$R80M, SAVAGB D$CLAR$D THE
MOTION CARRIBD UNANIMOIISLY.' `
��� '�
1. VARIANCE REOUEST VAR #94-27 BY PERCY TAYIAR FOR TAI,CO. INC. :
Pursuant to Section 205.18.03.D.(3) of the Fridley City Code,
to reduce the rear yard setback from 25 feet to 15 feet in
order to allow the construction of. an addition on Lot 7, Block
3, East Ranch Estates 2nd Addition, the same being 7835 Main
Street N.E. t.� --�---
. , , � �,
MOTION by Mr. Kuechle, seconded by.�-` Ms:';< Beaulieu; to' "waive '` the
reading of the; public hearing .-notice °:. and �-to � open the , public
hearing. _ , -_ , a , .. . . . _
..�.,, -_
IIPON A VOICE VOTE, ALI� VOTING AYTs� CHAIRPERSOM�'SAVAGE`DSCLARED THE
MOTION CARRIED AND THE;PIIBLIC HSARING.OPBN AT'7:33�.P.M.:.-
Ms. McPherson stated Mr. Percy Taylor is the owner of Talco,� Inc.
The property is located at 7835 Main Street, which is south of 79th
Avenue on Main Street. The property is zoned M-2, Heavy
Industrial, as are all the surrounding parcels. The request is to
reduce the rear yard setback from 25 feet to 15 feet to allow the
construction of a 10 foot x 20 foot addition. The purpose of the
addition is to enclose generators which are used as part of the
petitioner's manufacturing business. The petitioner was unable to
locate them inside the building.
%F
APPEALS COMMISSION M8$TING. OCTOBER 25, 1994 PAG$ 2
Ms. McPherson stated adjacent to the property to.the east is Bizal
Manufacturing. There are no shared driveways along•the rear lot
line. To the rear of the subject parcel is a fenced storage area
,;J; so the proposed addition does not adversely impact the property
owner to the east.- In addition, the size_of the proposed addition
would not adversely impact the drainage and utility easement. The
petitioner has indicated the addition will be roofed and weather
proofed to protect the generators located inside the addition.
Staff recommends�the following stipulation is the Commission
chooses to recommend approval:
l. The addition shall be architecturally compatible with the
existing building. -
The Commission had no questions of staff. -
Ms. Savage stated the petitioner had indicated the reason for the
variance request is that the hardship is the compressor noise needs
' to be away from the employees in a separate room. _.
Mr. Taylor stated yes. When he started the business, there were
fewer employees. It is now more crowded. The noise is
objectionable to the employees. That is the o�ly problem.
Ms. Beaulieu stated, to clarify, that the generators are now on the --
inside of the building.and will be put outside and enclosed.
�i
Mr. Taylor stated the generators will be moved outside and enclosed
in order to reduce the noise.
Mr. Kuechle stated he unde�stood the equipment to be housed were
air compressors. He asked the horsepower of the compressors. -
Mr. Taylor stated the.air compressors were about 50 horsepower.
Ms.•Savage asked if the proposed space would be large enough:
Mr. Taylor stated yes.
Ms. Savage asked if the petitioner had any problem `with the�
stipulations.
Mr_. Taylor stated no. The compressors are inside now. One would
have to be around them to know they are objectionable to the.
employees.
MOTION by Ms. Beaulieu, second�d by Mr. Kuechle, to close the
public hearing. .
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE� PIIBLIC HEARING CLOSED AT 7:3$ P.M.
7G
APPEALS COMMISSION ME$TING, OCTOBS'R 25. 199� _ PAGB 3
Mr. Kuechle stated he would recommend approval. This would improve
the workplace. There are air compressors where he works and they
are very noisy. Anything that can be done to get them out of the
workplace proper certainly makes for a better work envirorunent. He
applauds anyone who has the respect for their employees to make the
working environment better. The visual impact will not be much
especially if architecturally compatible. For these reasons, he
would recommend approval.
Ms. Beaulieu agreed for the same reasons. There is no adverse
impact. The City has• granted variances before with similar
proposals. She would recommend approval.
Ms. Savage agreed. After looking at the.site, she could not see
that there would be any adverse affect to the surrounding a�ea.
MOTION by Mr. Ruechle, seconded by Ms. Beaulieu, to approve
Variance Request, VAR �94-27, by Percy Taylor for Talco, Inc., to
reduce the rear yard setback from 25 feet to 15 feet -in order to
allow the construction of an addition on Lot 7, Block 3, East Ranch
Estates 2nd Addition, the same being 7835 Main Street N.E., with
the following stipulation::
1.. The addition�shall be architecturally:compatible-with the _
_ _.
existing building.', ~ ;
;. ��F � ��... � ,��,; .'� .•; � . . { ,�. .;;; � -
� F=- ° . `,� IIPON �A YOICR ; VOTE';�=ALL : VOTIHG'�A7fS, r� CHAIRPSRSON �SAVAG$ DS.CLAR$D "TH$ "
. MOTION CARRILD IINANIMOUSLY.. : _
Ms. McPherson stated:this request would be:considered by the City
Council on November 7, 1994. ,
, 2., ,.;: VARIANCE RE iJEST;: ':VAR�r'�k94-28 , k=.�BY MARG�AR
Pursuant to� Section 205`:09:03.D.:{ij :�;of 1
,
'' ='�,to reduce the :front yar'd`�setback�`.from �5
.-M
� "the ��'south' half <"of Lot'� 21;� �uditor's°" '
, generally located-,at 1401 ,;73rd Avenue
� .r
° a, . - `k .t ��i � ' '"� :a `_' •;_
,; �> ,� MOTION byt:�;,.. seconded °4� Y�,�;�'�.to�..;iwaive,$ th�
hearing notice and`to``open,:.the�°publi.c *+ ri�,
,
IIPON A VOICE VOTE; �� ALI, VOTI�TG - AYS `'
I MOTION CARRIED AND THE PIIBLIC G
ET SEGER::� � _;�. . -,
he Fridley City �Code,
�:�eet��to;:;29 �-feet,� �on �": �
5ubdivi 'on No:-129, '
N.
�, •�
ding � of : the`, �public , r., :
Rp8R80N SAVAGE DECLARI�D THB
OPI�T AT 7: 41 P. M.
Ms. McPherson stated the r est is for 1401 - 73rd Avenue which is
located at the intersec on of Hayes Street and 73rd Avenue. The
property is zoned R-3 General Multiple Family Dwelling, as are the
adjacent propertie . There is R-1, Single Family Dwelling, and R-
2, Two Family Dw ling, also in this neighborhood.
.�. «:.,_
7H
I _
�
DATE
TO
Community Development Department
November 3, 1994
P�nvnvG Drvlslorr
City of Fridley
William W. Burns, City Manager ���
FROM: Barbara J. Dacy, Community Development Director
Scott H'ickok, Planning Coordinator
Lisa Campbe��lanning Associate
SUBJECT: Springbrook Resource Investigation Project�Clean Water Partnership Phase I
Resource Investigation Grant
GRANT PROGRAM
The Ivfinnesota Pollution Control Agency (MPCA) administers the Clean Water Partnership
Phase I Resource Investigation Grant Program. The purpose of this grant program is to
investigate and identify possible sources of non-point source pollution Examples of non-point
source pollution include: urbanization, use of pesticides and fertilizer, animal feedlot _
management, agricultural land management, construction site practic,es, septic system, mining
activities, forest management, and roadway de-icing materials. The results of non-point source
pollution include: the loss of wetlands, sediment build-up and a general decline in water quality.
WATER QUALITY DECLINE AND SPRINGBROOK NATIIRE CENTER
Over the last five years, the Springbrook Subwatershed has experienced a significant increase in
commercial and residential development. � Of particular concern are the areas immediately
upstream of Springbrook Pond which lies within the Springbrook Nature Center. The
Springbrook Nature Center staff have observed a noticeable decline in water quality and drastic
fluctuations in water levels in the Nature Center complex: This assessment is based on the
following observations by Springbrook Nature Center sta�
1. At least a 66% loss in emergent vegetative cover at the Springbrook Nature Center
in the last five years.
2. An increase in algae and coontail in open areas since cattails began dying off.
William W. Burns
November 3, 1994
Page 2
3. A decrease in waterfowl and waterbird nest areas and success of those remaining.
4. Increase in rate of siltation and subsequent reduction in wetland area.
5. Increase in water flow rates and bounce after storm events.
6. An absence of the type of invertebrate species indicative of a healthy wetland.
PURPOSE OF PROPOSED PROJECT
The purpose of the proposed Springbrook Resource Investigation project is to determine the
origins of the non-point source pollution adversely affecting the Nature Center wetlands. The
project length is three years. The project activities include: monitoring water quality and
quantity, loss of wetland throughout the Springbrook Subwatershed and developing educational
materials for use in the Springbrook Subwatershed. The outcome of the grant project will be a
final report and implementation plan that would identify the best management practices that would
meet the following objectives:
1. Identify and document water quantity and quality throughout the Springbrook
Subwatershed. �
2. Minimize bounce effect of water flow into Springbrook Natwe Center wetland.
3. Return and preserve desired plant and animal life throughout the subwatershed and
at the Nature Center complex.
4. Direct siltation dropout to areas where it can be easily removed.
5. Educate and motivate Springbrook Subwatershed citizenry to actively participate
in resource management strategies that will promote water quality throughout the
subwatershed. ��
GRANT CRITERIA
The grant criteria requires the support and participation of all 1oca1 units of government within the .
project area. as well as the watershed management organization and the soil and water
conservation district. For the purpose of the Springbrook Resource Investigation project, this
includes the cities of Fridley, Blaine, Coon Ra.pids, Spring Lake Park , Six Cities Watershed
Management Organizatioq and the Anoka County Conservation D'�strict. All of these entities
have agreed to participate in the project.
SIX CITIES WATERSHED MANAGEMENT ORGANIZATION GRANT
SPONSORSHIP
The Six Cities Watershed Management Organization (SCWMO) has agreed to sponsor this grant
application. The sponsorship of the SCWMO provides a unique structure to encourage
: �
William W. Burns
November 3, 1994
Page 3
cooperation among the local units of government. It also follows the intent of the grant criteria
which require "partnerships" between local units of government. The SCWMO will be the
umbrella organization under which the local govemments, and the Anoka County Conservation
District will conduct and complete the project activities.
FRIDLEY: LARGEST CONTRIBUTING SPONSOR
Because the Nature Center is located and operated in Fridley, the City of Fridley would be the
largest contributing sponsor. The City of Fridley would contribute $1,500.00 in cash
contributions and $16,040.00 in in-kind contributions. The City staffwould be responsible for
grant administration, and completion of the educational components. Other cities have agreed to
provide cash and in-kind contributions as described in Attachment A
REC011��NDATION
To proceed with the application, staff requests that Council authorize the City Manager to
execute a letter of support for the project. This letter would identify the City of Fridtey in cash -'
and in-kind contributions to the project, as well as its role in completing the project activities.
Please see Attachment B.
LC:da
M-94-672
: :
- --- -
Attachment A
Contributinq Sponsors share of the local match
Cash
City of Fridfey
City of Blaine
City of Coon Rapids
City of Spring Lake Park
Locai Businesses
Total:
In-Kind
City of Fridley
City of Blaine
City of Coon Rapids
City of Sprinq Lake Park
Total:
$ '1,500
1, 500
1, 500
350
5,510
$10, 360
16,040
1,500
1, 500
750
$ 19, 790
z
I n-Kind Services could include: survey printing and
mailing; wetland, storm sewer, and strearr� mapping;
obtaining information; and conducting research.
�
_
_
C�� �F
FRI DLEY
FR[DLEY MUNICIPAL CENTER • 6431 UNIVERS[TY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
Attachment B
Gaylen F. Reetz, Acting Manager
Non-Point Source Section
Division of Water Quality
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, NIN 551155
Dear Ms. Reetz:
Please accept this letter of support from the City of Fridley for the Six Cities Watershed
Organization Application under the Clean Water Partnership Progam. The City of Fridley
supports the proposed Springbrook Subwatershed Resource Investigation project. The City of
Fridley will contribute the following in-kind and cash services to the proposed project:
Cash: $1,500.00
In-Kind: $16,040,OU (Administration and completion of education component of the grant)
If you have any questions concerning this conespondence, please feel free to contact Lisa Campbell
at 57�-3594.
Sincerely,
Witliam W. Burns
City Manager
WB:LC:da
•�
�•
��
_ I
C�� �F �
FRiDLEY'
MEMORANDUM
Municipai Center
6431 University Avenue Northeast
Fridley, Minnesota 55432
(612) 572-3507
FAX: (612) 571-1287
�lliam C. Hunt
Assistant to the City Manager
Memo to: William W. Burns, City Manager �
��
From: William C. Hunt, Assistant to the City Manager ��
Subject: Acceptance of Contract with Medica -
Date: October 24, 1994
Each year the City of Fridley contracts for health, life and dent�l services
through a joint powers agreement with Anoka County. The Anoka County
Commissioners award the contract on the basis of this �oint powers agreement.
However, the City of Fridley signs an acceptanee �of contract agreement with
the health care provider. Enclosed is the Medica Choice master group
contract effective September 1, 1994 through August 31; 1995.. I request that �
you present this to the Fridley City Council at their meeting of November 7
for consideration of authorizing the Mayor and City Manager to sign this .
contract acceptance.
--�-- -
WCH/jb
Attachment
m
MEDICA CHOICE
MASTER GROUP CONTRACT
EmQloyer: Citv of Fridlev Employer Group #: 31001
Effective Date: Sentember 1, 1994 Contract #: 47105 Amendment(s) #: 14-01.B
INTRODUCTION
This Master Group Contract ("Contract") is entered into by and between Medica Choice, on behalf of its subsidiary Physicians
Insurance Company ("PIC") and the employer group named above ("Employer"), and includes Appendix A and the Certificate of
Coverage which are part of this Contract and incorporated by reference. This Contract is delivered in and governed by the laws of
the State of Minnesota.
In consideration of the monthly Premiums the Employer has agreed to pay and the payment of Copayments to be paid by or for
Members, 1Vledica Choice agrees to arrange to provide Benefits as set out in the Certificate of Coverage. This agreement is subject
to all terms and conditions, including limitations and exclusions, set forth in this Contract. -
TERM OF CONTRACT
This Contract will be effective from Sentember 1, 1994 ("Effective Date") to _ Au�ust 31, 1995 ("Termination Date"). All coverage
under this Contract begins at 12:01 a.m. Central Time.
Medica Choice or the Employer may cancel this Contract after at least 30 days' written notice.
If Medica Choice cancels this Contract during its term, and cancellation is due to non-paytneut of Premiums or the Employer ceases"
to do business, Medica Choice will notify the Employer in writing of such cancellation. Medica Choice will also notify the. Subscriber
in writing if this Contract is cancelled due to non-payment of Premium. ��'� :
The monthly Premiums under this Contract aze:
Monthlv Premium Rate
Class I $ 216.25
(Subscriber only)
Class IV $ 472.62
(Subscriber and Eligible Dependents)
Class V $ 216.25 .
(One under age 65 of Retiree)
Class VI $ 256.37
(One under age 65 of Retiree and Child(ren))
Class VII $ 80.00
(Child(ren))
PREMIUMS
Monthlv Emalover Monthlv Enroilee
Contribution Contribution ; -- —
TO BE DETERMINED BY CITY.
In calculation of this Premium rate, $17.28 per Member per month is payable for coverage provided under this Contract, $200
deductible and $1000 out-of-pocket maximum, and will be remitted by Medica Choice to Physicians Insurance Company.
. �
The Premiums are due on the fust day of each calendar month at Medica Choice's address set forth below. In calculating the amount
of monthly Premiums due by the Employer, Medica Choice considers only those changes to enrollment received before the due date.
Medica Choice may change the Premiums on any monthly due date or on any date this Contract is amended. Medica Choice will
provide 30 days' written notice of Premiums and coverage changes, including renewal of this Contract.
Medica Choice will give 30 days' written notice for amendments to this Contract.
The Employer may make adjustments to its payment of Premiums for any additions or terminations of Members submitted by the
Employer but not yet reflected in Medica Choice's calculations. All changes to enrollment will be made as specified in Appendix A.
However, no retroactive credit wifl be granted for any change occurring more than 60 days prior to the date Medica Choice received
notification of the change by the Employer nor will retroactive credit be granted for any month in which a Member received Benefits.
In no event will a refund of Premiums for more than 60 days be made to the Employer for terminarion of a Member's coverage when
the Employer has failed to notify Medica Choice of such change.
A full Premium rate will apply to an enrollment effective between the first and fifteenth of the month. No Premium rate will apply
to an enrollment effective between the sixteenth and the last day of the month. All terminations will be effective at the end of the
month in which they occur and a full Premium rate will apply for the month.
GRACE PERIOD -
The grace period for the Employer's payment of monthly Premiums as provided above will be 10 days. If all or a portion of the
Premiums due remain unpaid at the end of the grace period, Medica Choice may assess a finance charge of 12% per annum for the
�unpaid amount and terminate this Contract without norice. �n the event of cancellation, Medica Choic� will not be responsible for
any claims for health services incurred by Members during the grace period.
INDEMNII�'ICATION
Medica Choice will defend, hold harmless and indemnify the Employer against any and all claims, liabilities, damages or judgments
asserted against, imposed upon or incurred by the Employer that arise out of the acts or omissions, incluciing negligence of Medica �
Choice ar Medica Choice's emptoyees, agents and representatives in the discharge of its or their responsibilities to a Member.
The Employer will defend, hold harmless and indemnify Medica Choice against any and all claims, liabilities, damages or judgments
asserted against, imposed upon or incurred by Medica Choice that arise out of the acts or omissions, including negligence of the
Employer or the Employer's employees, agents and representatives in the dischazge of its or their responsibilities under the Contract.
ALTERATIONS
----- -
The Contract may not be changed and no provisions may be waived unless approved in writing by each party.
ASSIGNMENT
Medica Choice will have the right to assign any and all of its rights and responsibilities under the Contract to any subsidiary or affiliate
of Medica Choice or to any other appropriate organizarion or entity.
CLERICAL ERROR
A Member will not be deprived of coverage under the Contract because of a clerical error. On the other hand, a Member will not
be eligible for coveraga beyond the scheduled terminarion of coverage because of a failure to record the termination.
CONFORMITY WTTH LAW
If a provision of the Contract conflicts with the terms of the laws of Minnesota or applicable federal law, it is amended to conform
to the minimum requirements of such laws.
�-1 :
NOTICE
Notice given by Medica Choice to an authorized representative of the Employer will be deemed notice to all affected in the
administration of this Contract in the event of terminarion or non-renewal of this Contract, other than notice of termination for non-
payment of Premium, which written notice shall be given by Medica Choice to an authorized representative of the Employer and to
each Subscriber.
QUALIFIED MEDICAL CHILD SUPPORT ORDERS
The Employer will establish, maintain and enforce all written procedures for determining whether a child support order is a qualified
medicai child support order as defined by ERISA. The Employer will provide Medica with notice of such determination and a copy
of the order within the lesser of 30 days or the time in which the Employer provides notice of its determination to the persons specified
in the order.
When and if the Employer receives notice that the child has designated a representative, or of the existence of a legal guardian or
custodial parent of the child, the Employer shall promptly notify Medica of such person(s).
Medica shall have no responsibility for establishing, maintaining or enforcing the procedures described above, in determining whether
a support order is qualified, or for providing required notices to the child or the designated representative.
AGCEPTANCE OF CONTRACT
The Employer may accept this Contract either by having its duly authorized representative execute this Contract or by remitting the
� first Premiums due on behalf of enrolling Members to Medica Choice, and such acceptance renders all _terms and provisions herein
binding on Medica Choice and the Employer.
IN WITNESS WHEREOF, Medica Choice has caused this Conhact to be executed on this '��� r , 199�
to take effect on the Effective Date stated above.
MEDICA CHOICE
5601 Smetana Drive
Minnetonka, MN 55343
(612) 936-1200
Billing Address:
P.O. Box 86, SDS 12-0566
Minneapolis, MN 55486-0566
Mailing Address:
P. ox 1587
�is, iv�r
By: �
I James Ehien �
Title: uman and Chief Executive
Officer
EMPLOYER:
Citv of Fridlev
Address: 6431 Universitv Avenue N.E.
Fridlev, Minnesota .554�2-- —
Telephone: (612)571-3450
By:
City Manager
T�tie:
Employer Representative: Citv Mana�er
Date•
By:
William J. Nee
Title:
Mayor
3 Date: �Teve�e�-7T194!�
9C
Employer Name: City of Fridlev
APPENDIX A
ELIGIBILITY
To enroll for coverage, an employee and his or her dependents must reside in the Service Area and meet the eligibility requirements
described below and in the Contract. In no event may the number of Members residing outside the Service Area exceed 10 percent
of the total number of Members. If there is a conflict between the Certificate and this Appendix A, Appendix A will prevail.
The term "Subscriber" as used in the Contract will include any conditions identified in items (1), (2) or (3) below:
Applicable Waiting Periods
and Effective Dates _
1. Employees: New Hires: Eligible date of hire. Return from
. Strike: To be negotiated. Status Change: Eligible
date of change. -
2. Early Retirees:
3. Retirees: . _
The term "Dependent" as used in the Contract will include the following:
4. The Subscriber's spouse.
5. The Subscriber's unmarried natural or adopted child; an unmarried child placed with the subscriber for the purpose
of adoption; or a stepchild.
A child who is the subject of a qaalified medical child support order is not a dependen� as defined above and may
not enroll dependents for coverage.
6. The Subscriber's handicapped dependent. The handicapped dependent must be incapable of self-sustaining
employment by reason of inental retardation or physical handicap and chiefly dependent upon the Subscriber for
support and maintenance. The handicapped dependent shall be eligible for coverage as long as he or she continues
to be handicapped, unless coverage otherwise terminates under this Contract. Medica Choice may require proof of
handicap and dependency annually. An illness will not be considered a physical handicap.
7. The Subscriber must provide satisfactory proof of dependency, upon request by Medica Choice, for the following:
a. The Subscriber's grandchild who is a child of the Subscriber's covered Dependent or
b. a child under legal guardianship of the Subscriber.
. �
8. In the case of a dependent child, he or she must be under the limiting age of:
Dependent Limiting Age: 19
Student Limiting Age: 25
The Dependent is eligible up to the Student Limiting Age if he or she is enrolled full-time in a recognized high
school, college, university, trade or vocational school. If the student is unable to cany a full-time course load due
to illness, injury, or a physical or mental disability (as documented by a physician), full-time student status will be
granted if the student carries at least 60% of a full-time course load, as determined by the educarional institution.
A Subscriber who is a child entitled to receive coverage through a qualified medical child support order is not subject to any waiting
periods, except to the extent that such waiting periods apply to the employee who is ordered by the qualified medical child support
order to provide coverage.
Any person who does not satisfy the terms listed above will not be eligible for coverage under the Contract.
INITIAL ENROLLMENT
"Initial Enrollment Period" is a 31 day time period starting with the date an employee and his or her dependents are first eligible to
enroll for Medica Choice coverage. A.n employee must apply within this period for coverage to begin filie date he or she was first
eligible to enroll. An employee who enrolls during his or her Initial Enrollment Period is accepted without application of health
screening or waiting periods. An employee or an employee with dependents who does not enroll during his or her Initial Enrollment
Period may enroll for coverage as described below.
A Subscriber who is a child entitled to receive coverage through a qualified medical child support order is not subject to any Initial
Enrollment Period restrictions.
OPEN ENROLLMENT
"Open Enrollment" is a minimum 14 day period set by the Employer and Medica Choice each year during which eligible persons may
enroll for coverage without application of health screening or waiting periods.
A Subscriber who is a child entitled to receive coverage through a qualified medical child support order is not subject to the Open
Enrollment restrictions. _
OFF-CYCLE ENROLLMENT
Medica Choice will require persons to provide evidence of insurability before enrollment will be accepted at any time other than an
Initial Enrollment Period, an Open Enrollment Period or a"Hardship" situation. The following Off-Cycle Enrollment(s) will be
allowed without evidence of insurability.
An eligible empioyee who did not previously elect coverage under the Contract (including his or her eligible Dependents),
and eligible Dependents of a currently enrolled Subscriber, may enroll within 30 days of a"Hardship" situation which will
include:
1. involuntary termination or layoff from employment of the spouse,
2. deaxh or permanent disability of the spouse,
3. divorce or legal separation and other such circumstances as Medica Choice may approve trom time to time.
2
9E
For the eligible employee and/or eligible dependents to enroll during a"Hazdship" situation, they must have been enrolled
for health coverage under the employee's spouse's benefit plan. Upon request, evidence of the hazdship must be provided
to Medica Choice.
A Subscriber who is a child entitled to receive coverage through qualified medical child support order may enroll at any time and
requirements of evidence of insurability will not apply.
NOTIFICATION
Subscribers must notify the Employer within 31 days of the effective date of any change of address or name, addition or deletion of
Dependents, or other facts identifying the Subscriber or the Subscriber's Dependents.
The Employer must notify Medica Choice within 31 days of the effective date of the Member's initial enrollment application, changes
to the Member's name or address, or changes to enrollment, including if a Member is no longer eligible for coverage.
TERMINATION
Unless coverage can be continued or converted as described in the Contract, coverage ends the earliest of the following:
1. The date the Contract is cancelled by the Emgloyer or Medica Choice. -
2. The end of the month for which the Subscriber last paid his or her contribution toward the Premium.
3. The end of the month in which the Subscriber retires or is pensioned unless Medica Choice and the Employer have agreed
to provide coverage for retirees under the Contract or a separate Medicare contract. _
4. The end of the month in which the Subscriber is no longer eligible as stated in the "ELIGIBILTTY" section.
5. The date the Subscriber requests that coverage end. The Subscriber must notify the Employer to terminate coverage.
6. The date 31 days after Medica Choice notifies a Member that coverage will end because of failure to pay a Copayment.
7. The date 31 days after Medica Choice notifies a Member that coverage will end because he or she does not live in the Service
Area. --,-- -
8. The date a Member enters active military duty for more than 31 days.
9. The date the Subscriber's coverage ends, including death of the Subscriber.
10. For a spouse, the date of divorce.
11. For a dependent child, the end of the month in which the child is no longer eligible as a Dependent as specified in the
Contract.
12. For a student, the end of the month in which the earliest of the following occurs:
a. graduation or completion of the course;
b. termination of full-time registration at the school for reasons other than graduation; or
c. reaching the Student Limiting Age specified in the Conttact.
9F
13. For a child who is entitled to coverage through a qualified medical child support order, the end of the month in which the
earliest of the following occurs:
a. the qualified medical child support order ceases to be effective; or
b. the child is no longer a child as that term is used in ERISA; or
c. the date the child has immediate and comparable coverage under another plan; or
d. the end of the month in which the employee who is ordered by the qualified medical child support order to provide
coverage is no longer eligible as determined by the emptoyer; or
e. the date the employer terminates family or Dependent coverage; or �
f. the date the Contract is cancelled by the employer or Medica; or
g. the end of the month for which the relevant premium or contribution toward the premium is paid;
h, the date 31 days after we notify you that coverage will end because you did not pay a copayment.
4
9G
�
MEMORANDUM
_ MuniCipal Center
_ 6431 University Avenue N.E. Ofiice of the City Manager
Fridtey. MN 55432 � W��tiam W. 8urns
GNOF i (612) 571-3450
FRIDLE.Y �
TO: The Honorable Mayor and City Council
FROM: William W. Bums, City Manager '��
�
DATE: November 4, 1994
SUBJECT: Mid-Block Street Light on West Danube Road
Between East Danube Road and North Innsbruck Drive -
The attached memorandum from John Flora indicates that the property owner at
5575 West Danube Road is opposed to the installation of a mid-block street lighf on
West Danube Road. This moming I talked with Mr. Normand Nault, the person who
initiated the street light request. Mr. Nault assured me #hat he had spoken to the
property owners at 5555 and 5575 West Danube Road: He indicated that the owner -
at 5575 West Danube will not oppose the street light if it is not placed in front of .his
house.
In view of Mr. Nault's efforts to discuss the matter with his neighbors, and in view of
their apparent lack of opposition to the street light, I am recommending that we
proceed with the installation of the light. Before Monday night's City Council
meeting, 1 will attempt to verify #he absence of opposition from the property owner
at 5575 West Danube Road.
Thank you for your consideration of this matter.
WWB:rsc
��
'�!'._- _ _. _. ._
TO:
Engineerinq
Sewer
Water
Parks
Streets
Maintenance
MEMORANDUM
William W. Burns, City Manager��� PW94-357
FROM: John G. Flora�, Public Works Director
��jJ,JClyde V. Moravetz, Engineering Assistant
.r/
DATE:
SUBJECT:
October 27, 1994
Mid-Block Street Light on West Danube Road
between East Danube Road and North,Innsbruck Drive
There have been inquiries regarding a street light installation at
the above location.
We met with NSP and determined;:that the location best:suited for
our street lighting policy is between 5555 and.5575 West Danube
Road. This'placement would be on a curve and closest to mid-block
for maximum area lighting efficiency.' . �`�'
The property owner at 5555 West Danube Road supports the light.
The property owner at 5575 West Danube Road strongly opposes the
light. The opposing reasons are :(1j pole on his property; {2)
bedroom faces street and does not desire a"night light"; (3)
neighbor across the street has a night light on_histga�age which
provides adequate light: (4) if property owners want security
lights, they should inst�ll- motion sensitive lights on`.their
property as a street light is designed to primaril�_ light the '
street and boulevard only; and (5j the City should use the money
to light higher priority areas in Fridley.
If a street light is to be installed, I would recommend a round
wooden pole with a two foot mast arm and cobra head. This is the
same type that was placed mid-biock on East Danube Road a few years
ago. The cost would be $9.40 per month for a 100 watt high
pressure sodium light. There would be no installation charge, if
placed at the location between 5555 and 5575, mid-point on the
block, as a connector point is available. If the location is to
change, there will be a$5.45 per foot charge and the mid-block
criteria would not be met.
JGF/CVM:ch
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0
TO:
FROM:
DATE:
SUBJECT:
William W. Burns,
Engineenng
Sewer
W�ter
Parks
Streets
Maintenance
City Manager���
u'
John G. Ffora, Pubfic Works Director
November 7, 1994
P W94-351
Change Order No. 2 to Locke Park Filter Plant Project No_ 240 -
As we are completing the repair to the Locke Park filter plant, a number of miscellaneous items
have been added and subtracted to the project in accordance with the actual conditions found in
the building. The net result of Change Order No. 2 is a deduction of $3,126.83.
Recommend the City Council approve Change Order No. 2 to the Locke Park Filter Plant Project
No. 240 for an amount of $3,126.83.
JGF:cz
11
���
r., .
��,�. �
,----� `
CHANGE ORDER
(Instructions on reverse side) No. 2
PROJECT: Locke Park Water Filter Plant DATE OF ISSUANCE:,
Refurbishing
OW1�iER: City of Fridley
(Name, 6431 University Avenue NE OWNER's Project No. 240
Addressj Fridley, MN 55432-4383
CONTRACTOR: NEWMECH ENGZNEER:
1633 Eustis MSA, Consulting Engineers
St. Paul, MN 55108 1326 Energy Park Drive
St. Paul, MN 55108
CONTRACT FOR: Water Filter Plant.
Refurbishing ENGINEER's Project No. 685-003-30
You are directed to make the following changes in the Contract Documents.
Description: Various additions and deletions.
Purpose of Change Order: Final contract adjustments. :
Attachments: (List dacuments supporting change) Attachment A.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time
� .,., . , ; -
. „.., _ .. ..�. .,� .,_ ......... . :�.. ..-.: ,. .� .._i� ._.. .;..� ... . . ... . . . . . .. _ i
$ 693,000.00
. . . . daya or date .' � .
Previous Change Orders No. 1 to No: 1 Net change from previous Change Orders
$ -35,000.00
aa e
Cont•ract Price prior to this Change Order Contract Time Prior to this Change Order
$ 658,000,000
. . � m � or aic. � .
Net Decrease of this Change Order Net Yncrease of this Change order
$ - 3, 126. 83
. . .. . daya - .
Contract Price with all approved Change Contract Time with all approved Change
Orders Orders
$ 654,873.17
daya or date
RECOI��ENDED: APPROVED: APPROVED:
g ��� ' �i�gy /� gy � � L�1.1i� UIZ.y� �.�--%
Y
Engineer � Owner Contractor
E3CDC No. 1910-8-B (1983 Edition)
11A
CON2-685.003
�
ATTACffiVffiVT A
CHANGE ORDIIt �6f2
LOCKE PARK WA1'ER FILTER PLANT
1. Building service tie-in $1,387.00
159b OM & P 2nx_cxl �
Total Addition $1,595.00
2. Revise irrigationconnection $2,734.17
5%OM&P 111-71
Total Addition $2,345.88
3. Reroute 10" DIP for Well #14 Deletion $2,774.65
Addition t �9R4_4�
Net Deletion $ 79(Y.25
5% OM & P �9-S�
Total D�etion $ 829.76
4. Replace Class 53 with Class 52 for 16" DTP -$ 300.00
5% OM & P 15-(1()
Total Deletion $ 315.00
S. Delete Well 14 interior pipe and platform -- � .. � , `: : - ° _ � °$9;979-.00 , , �. - '
5%OM&P = 4��
Total Deletion $10,478.00
6. Delete wiring conduit and junction box for Well 14 -$1,143.00
5% OM & P S7-(1(l
Total Deletion -��;200.00
,
7. Chemical room heater $ 910.00
5% OM & P a5_sn -
Total Addition $ 955.50
8. Additiona135' of curb $ 700.00
� 51 OM & P 35 _ O(i
Total Addition $ 735.00
9. Panels at west end of plant $ 684.00
15% OM & P 1(YZ_(l(1
Total Addition $ 786.00
10. New water heater $ 200.00
15 % OM & P ��-�
Total Addition $ 230.00
COM2-685.003
� �B
h
11. Security switches
5 9b OM & P
Total Addition
12. Asbestos removal
15%OM&P
Total Addition
13. Concrete ramp for Chemical Room
5%a OM&P
Total Addition
14. Composite wall panel finish work for soffit retrofit
15%OM&P
Total Addition
15. Additional welding, 2 hours @$54.00/hour
Total Addition
16. Tank drain elbows
ITEM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
TOTAL DIDUCT
C0�2-685.003
15% OM&P
Total Addition
ADNSTMENT
$ 1,595.00
2,345.88
- 829.76
- 15.00
- 10,478.00
- 1,200.00
955.50
735.00
786.00
230.00
556.50
345.00
157.50
1,656.$0
108.00
224.75
53,12G.83
11C
$ 530.00
��_sn
, $ 556.50
$ 300.00
49 _ (l()
$ 349.00
$ 150.00
7_ 5(1
$ 157.50
$1,440.80
� t �_()()
$1,656.80
� �nx_cx�
$ 108.00
$ 195.50
29_2i
$ 224.75
/
�
GNOF
FRlDLEY
MEMORANDUM
Municipal Center
6431 University Avenue N.E. Office of the City Manager
Fridley, MN 55432 � William W. Burns
�(612) 571-3450
TO: The Honorable Mayor and City Council
FROM: William W. Burns, City Manager ��
�
DATE: November 4, 1994
SUBJECT: Special City Council Meeting
A general election will be held on Tuesday, November 8, 1994. Pursuant to Section
4.08 of the Fridley City Charter, we must receive the Statement of Canvass from the
election within seven (7) days of the election. Accordingly, staff is requesting that
a specia! City Council meeting be scheduled for Monday, November 14, 1994, at
7:30 p.m., in the Council Chambers of the Fridley Municipal Center, for the sole and
express purpose of receiving the Statement of Canvass from the November 8, '! 994,
general election.
The conference meeting previously scheduled for 7:30 p.m. on that date witi be held
directly after the special City Councii meeting.
Thank you.
/rsc
12
14
�
� FOR CONCURRENCE BY THE CITY COUNCIL
C(TYOF
- Ft�D��r November 7, 1994
Type Of License: By_.-_ Approved By:
F00� �STABLISHMENT
Mi-Ni Nang Nguyen
6440 University Ave.N.E.
Fridley, MN 55432
SOLICITOR
LICENSES
Paragon Cable Co. Ralph R. Rocha David Sallman
801 Piymouth Ave. No. Publ�c Safety Director
Mpls. MN 55411
OFF SALE BEER
Twin Cities Stores, Inc. Same "
7298 Nv�y. 65 N. E.
Fridley, h1N 55432
CIGARETTE-RETAI�
Reno Bros. Inc. Mr. Reno "
6290 Hwy. 65 N.E.
Fridley, MN 55432
FOOD ESTABLISHMENT
Reno Bros. Inc. Mr. Reno
6290 Hwy. 65 Inc.
Fridley, MN 55432 �
m
�
�� ,
Fees_
$35.00
$60.00
$60.00
$12.00
$35.00
�
�
FOR CONCURRENCE BY THE CITY COUNCIL
�LECTRICAL,
Positively Electric Inc
23(KO Oakdale Dr
Rogers MN 55374 Larry Weniger
GAS SERVICES
Lakeland North Plbg & Htg
16041 Kangaroo St NW
Anoka MN 55303 dim Nelson
Practical Systems
14226 Norden Dr
Rogers MN 55374 Scott Sporer
Rapid Mobile Home Service
1288 107 Ave NW
Coon Rapids MN 55433 Jesse Fleck
�FNFRAI CONTRACTOR-COMMERCIAL
Design Wortd Constivction Assoc Inc
437 Rolling Hills Ln
Hudson WI 54016 Jeff Robers
Keenag Tim
b205 University Ave NE
Fridley MN 55432 Tim Keenan
Nicholson J B Constiuction
8975 15 St N
Lake Elmo, MN 55042 John Nicholson
Waby Construction Inc
1420 Fairlawn Way
Golden 'Valle}� MN 55416 Ahmed Sonbol
C�ENERAL CONTRACTOR-RESIDE�ITIAL
Slomquist Exteriors (NONE)
9701 Austin St
Blaine MN 550i4 1lriitch Blomquist
16A
LICENBEB
STATE OF MINN
JOHN PALACIO
Same
Same
JOH�T PALACIO
Chief Bldg Ofcl
Same
Same
Same
JOHN PALACIO
C�►ief Bldg Ofcl
Consttuction Mgmt Service of Blaine (NONE)
8921 '7 St
Blaine MN ��434 John Anderson
Dundee Nursery & Landscape Co
16800 Hwy SS
Plymouth MN 554�46
Integra Builders Inc (20019839)
4259 Arthur St NE
Columbia Heights MN 55421
Wallon A E Homes Inc (1950)
4571 North Rd
Circle Pines MN 55�14
Westphal Roofing (393�
8232 Greenwood Dr
Mounds View MN 55112
HEATING
Green Mechanical Inc
8811 E Research Center Rd
New Hope MN 55428
Lakeland North Plbg & Htg
16041 Kangaroo St NW
Anoka MN 55303
�OBILE HOME INSTALLER
Rapid Mobile Home Service
1288 107 Ave NW
Coon Rapids MN 55433
PLUMBING
Roseville Plbg & Htg Inc
b5 S Owasso Blvd
St Paul MN 55117-i092
ROOFING
DeChaney Roofin� (Exempt)
18520 Jivaro St NW
Oak Gmve MN 55303
Jerry Theis
Eric Hinrichs
Al Walien
Roger Westphal
James Green
Jim Nelson
Jesse Fleck
Gregory Deeb
David DeChaney
.:
JOHN PALACIO
Chief Bldg Ofcl
STATE OF MINN
Same
Same
_ Same
70HN PALACIO
Chief Bldg Ofci
JOHN PALACIO
STATE OF MINN
STATE OF MINN
JOHN PALACIO
Chief Bldg Ofcl
SIGN ERECTOR
The Necm Shop
1839 Central Ave NE
Minneapolis MN 5541 S
Kelly Draeger
16C
JOHN PALACIO
Chief Bldg Ofcl
E
�
QIY OF
FRIDLEY
Bituminous Consulfing &
Contracting Co., lnc.
2456 Main Street N.E.
Blaine, MN 55449
ESTIMATES
NOVEMBER 7, 1994
Concrete Street Repair - Kerry Lane
Project No. ST. 1994 - 12
F1NAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . $ 1,717.55
Progressive Contractors, Inc.
8736 Zachary Lane
Osseo, MN 55369
Concrete Street Repair - North/South Innsbruck Area
Project No. ST. 1994 - 7
FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . $_9�8�958.10
Newquist & Ekstrum, Chartered
301 Fridley Plaia Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Statement for Legal Services Rendered
as City Prosecuting Attorney for the
Month of September, 1994 . . . . . . . . . . . . . . . . . . $ 11,167.50
17A
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
6431 University Avenue N.E.
Fridley, Minnesota 55432
November 7, 1994
Honorable Mayor and City Council
City of Fridley
Go William W. Bums, City Manager
6431 University Avenue N.E.
Fridley, MN 55432
Council Members:
CERTIFICATE OF THE ENGINEER -
,: -
. �
We hereby submit fhe Final Estimate for Concrete Street Repair - North and South
Innsbruck Area Project No. ST. 1994 - 7, for Progressive Contractors, Inc., 8736
Zachary Lane, Osseo,.MN 55369.
We have viewed the work under contract for the consfruction of Concrete Street Repair
- North and South lnnsbn�ck Area Project No: ST. '1994 -.7 and find that the same is
substantially complete in accordance with the contract documents. I recommend that
finai payment be made upon acceptance of the work by your Honorable Body and that
the one year contrac#ual maintenance bond commence on November 4, 1994_ �
Respectfully submitted,
� �
�`�-
._
/John G. Flora
Director of Public Works
Prepared
Checked
176
a
November 7, 1994
City of Fridley
CONCRETE STREET REPAiR - NORTH AND SOUTH INNSBRUCK AREA PROJECT
NO. ST. 1994 - 7
�
PREVAILING WAGE VERIFICATION
This is to certify that Progressive Contractors, Inc. has abided by the Prevailing Wage
Provisions as specified by the Minnesota Department of Labor and Industry for Ano�Ca
County.
� �::
I: declare under the penalties of perjury that this statement is just and correct.
PROGRESSIVE CONTRACTORS, INC_
�
f7`Y� �� �`�
R�n Gibbons, Project Coordinator
17C
a
Novembe� 7, 1994
City of Fridley
CONCRETE STREET REPAlR - NORTH AND SOUTH INNSBRUCK AREA PROJECT
NO. ST. 1994 - 7
CERTIF(CATE OF CONTRACTOR
This is to certify that items of the work shown in the statement of work ce�tified herein
have been actually fucnished and done for the above-menfioned projects in accordance
wiih the pians and specifications heretofore approved. The finai coniract cost is
-_ �,__. _ .
$248,343.48 and the final payment of $938,958.90 for the improvement projecf wou(d
cover in fulf, the contracto�'s claims against tY�e City for a!1 Iabor; materials and other
work down by the contractor under this project. , -- __
( dec(are under the penalties of perjury that t�his statement is just and correc#.
PROGRESSIVE CONTRACTORS, INC.
.
6�'� ,
Ron Gibbons, Praject Coordinator
y7D
November 7, 1994
To: Public Wo�ks Director
City of Fridley
REP4RT ON FiNAL INSPECTiON FOR
CITY OF FRiDLEY -
CONCRETE STREET REPAIR - NORTH AND SOUTH INNSBRUCK AREA
PROJEGT NO. ST. 9 994 - 7
We, the undecsigned, have inspected the above-men#ioned project and find that the work
�equired by the contract is substantially complete in conformity with the plans and
specifications of the project_ . '
Al( deficiencies have been coRected by the contractor. Also, the workfior wh�ch,the City
feels the contractor shouid receive a reduced price has been agreed `upon by the
contractor. �
So, therefore, we recommend to you that fhe City approve ihe aitached FINAL ESTIMATE
for the contractor and�the one-year maintenance bo , arting from the d�y of the finai
inspection that beir�g November 4, 1994. �
,lon
�
�
pector
Contrac#or Representative, (Title)
17E
ClTY O� FRfDLEY
PUBLIC WORKS DEPARTMENT
6431 UNlVERSITY AVENUE N.E.
FRIDLEY� MINNESOTA 55432
FROM: City of Fridtey
Engineering Division
TO: Ho�orable Mayor and City Cou�cil
City of Fridley
6431 University Ave, NE
Fridley, MN 55432
Oaied: Novembe� 7, 1994
RE: Estimafe No. 2 (FINALj
Period Ending: Octobe� 14, 1994
FOR: Progressive Contractors, inc.
8736 Zachary La�e
Osseo, MN 55369
JOB CO�E NO. 408-00-06-415-4530-9409
CONCRETE STREET REPAIR - NORTH & SOUTH INNSBRUCK AREA
PROJECT NO. ST. 1994 - 7
STATEMENT OF V✓ORK
j i Quantity i Total
Estimaied ; Unii' � : . � ih+s. � _ This
T ITEM Quantiiy c Price - j iJnit ; Esiimate , Estimaie
MobilizaTion t.00 ! 10,000.00 ; LS 0.50 ! 5.000.00
Remove & Replace Concrete Pavement 5,800.00 ` 28.50 S`' � 2,77o.c0; 79,133.10
1/3 Depth Sawcut 1,000.00; 1.50 LF j j 0.00
Seal Concrete Paveme�t .Joints (3723) 20,000.00 ' 0.45 LF � 3,910.50 1,759.73
Sea! Concrete Pavement Joints (Sil.) 5,000.00 1.00 LF � 0.00
!(Qu
• _. 1.00
5,426.60
8.2 i 7.50
Full Depth Sawcut 3,000.00' 2.50 LF 5,504.00 13,760.00 9,811.00
F&1 CaTch Basin Cas2ing (Nee. R3250-A) 10.00 375.00 Each 11.00 4,125.00 20.00
F&1 MH Casting (Neenah R-1733-A) 60.00 300.00 Each 45.00 13,500.00 59.00
Aggregate Base (Class 1� 1,500.00 ; 12.50 CY t 6.OU 200.00 230.00
F&I Dowel Ba�s (Epoxy Coated) 2,000.00 5.00 Each 2,304.00 11,520.00 4,969.00
Sod 500.00 4.00 SY 5 � 0.00 2.040.00 •. . 5� 0.00
Class V Proctor Test i_00 100_00 F2ch 0.00 0.00 1.00
;.lass V Place Density 50.00 � 25.00 E�ch 2.00 50.00 4.00
�,oncrete Test Cylinders 50.00 ! 25_00 Se2 7.00 175.00 12.00
, o� 3
i
;
� ,
,
- --- - - - _ _ _ _ _
TOTAL THIS STI'.4A � E 51 ° 1,2G?_.f32
17F
i. _ -
i C)TAL AMOUN i
10,000.00
154,658.10
0.00
3,697.88
0.00
24,527.50
7,500.00
17,700.00
2.875.00
24,845.00
2,040.00
100.00
100.00
300.00
�? :8.343.4F3