CCA 09/10/2018 Fridley CITY COUNCIL MEETING OF SEPTEMBER 10, 2018
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need
an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta
Collins at 572-3500. (TTD/572-3534)
CONFERENCE MEETING (5:30 p.m.)
1 . Recycling Bid Update.
2. Potential Fridley City Code Changes to Allow Enforcement
of Outside Storage from Neighboring Properties.
3. Potential Fridley City Code Changes Related to City
Organizational Structure and the Public Safety Department
PLEDGE OF ALLEGIANCE.
PROCLAMATION:
Constitution Week: September 17 — 23, 2018
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting of August 27, 2018 1 - 3
NEW BUSINESS:
2. Receive the Minutes from the Planning Commission
Meeting of August 15, 2018 4 - 17
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2018 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Special Use Permit Request, SP #18-03 by
Watermark Enhanced Care Suites of Fridley,
LLC, to Allow the Construction of an Addition to
the Existing Watermark Assisted Living and
Transitional Care Facility at 5300 Fourth Street N.E.
This Addition will Expand the Existing Building and
will Occupy the Properties Located at 5320 and 5326
Fourth Street N.E. A Total of 18 Additional Care Units
is Proposed;
and
Resolution Approving Special Use Permit, SP #18-03
for Watermark Enhanced Care Suites of Fridley, LLC, to
Allow the Construction of an Addition to the Existing
Assisted Living and Transitional Care Facility to be
Located on the Parcels at 5320 and 5326 Fourth Street
N.E. (Ward 1) 18 - 26
4. Resolution Approving the City of Fridley Procurement
Policy for the City and the Fridley Housing and
Redevelopment Authority 27 - 41
5. Claims: 182146 — 182307 42 - 63
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes
ADOPTION OF AGENDA:
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2018 PAGE 3
PUBLIC HEARINGS/NEW BUSINESS:
6. Consider Approving a Housing Program to
Finance a Multifamily Housing Project;
and
Resolution Approving a Housing Program to
Finance a Multifamily Housing Project and
Approving Issuance and Sale of Multifamily
Housing Revenue Bonds (Village Green
Apartments Project), Series 2018, Pursuant to
Minnesota Statutes, Chapter 462C (Ward 1) 64 - 77
7. Consider the Revocation of Special Use Permit,
SP #07-01, for Sam's Auto Parts, to Allow an
Industrial Zoning District, Generally Located at
1230 — 73rd Avenue N.E., 1240 — 73 1/2 Avenue
N.E., and 7340 Central Avenue N.E. (Continued
July 23, 2018);
and
Resolution Revoking SP #07-01, Permitting an
Auto Recycling Center Use at Sam's Auto Parts,
Generally Located at 1230 — 73`d Avenue N.E.,
1240 — 73 1/2 Avenue N.E. and 7340 Central
Avenue N.E. (Ward 2) 78 - 81
OLD BUSINESS:
8. Second Reading of an Ordinance Amending
Fridley City Charter, Chapter 8. Public
Improvements and Special Assessments;
and
Adopt Official Title and Summary Ordinance 82 - 87
NEW BUSINESS:
9. Resolution Consenting to the Housing and
Redevelopment Authority in and for the City of
Fridley, Minnesota, Adopting a 2018 Tax Levy
Collectible in 2019 88 - 89
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2018 PAGE 4
NEW BUSINESS (CONTINUED):
10. Approve Change Order No. 1 for Stonybrook
Trunk Storm Sewer Improvement Project
No. 18-422 90 - 125
11. Informal Status Reports 126
ADJOURN.
Fridley
FRIDLEY CITY COUNCIL MEETING
OF SEPTEMBER 10, 2018
7:00 p.m. — City Council Chambers
Attendance Sheet
Please print name, address and item number you are interested in.
Print Name (Clearly) Address Item No.
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CONSTITUTION WEEK
SEPTEMBER 17 — 23, 2018
&0e
WHEREAS, September 17, 2018, marks the 231s1 anniversary of the drafting of the Constitution
of the United States of America by the Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition of this magnificent document
and its memorable anniversary and to the patriotic celebrations which will commemorate the
occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17 through 23 as Constitution
Week,
NOW, THEREFORE, I, Scott J Lund, Mayor of the City of Fridley, do hereby proclaim the
week of September 17 through 23, 2018, as
CONSTITUTION WEEK
in the City of Fridley, Minnesota, and urge all citizens to study the Constitution, and reflect on
the privilege of being an American, with all the rights and responsibilities which that privilege
involves.
IN WITNESS WHEREOF, 1 have set my hand and
caused the seal of the City of Fridley to be affixed
this 10th day of September, 2018.
Scott J. Lund
Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
AUGUST 27, 2018
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: Wally Wysopal, City Manager
Jay Karlovich, City Attorney
James Kosluchar, Public Works Director
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting of August 13, 2018.
APPROVED.
NEW BUSINESS:
2. Resolution Authorizing a Highway Safety Improvement Program Funding Application
for 53rd Avenue Improvements (Ward 1).
ADOPTED RESOLUTION NO. 2018-41.
3. Receive Bids and Award West Moore Lake Drive Trail and Street Resurfacing Project
No. 2017-21.
Wally Wysopal, City Manager, staff recommends awarding the bid for the West Moore Lake Drive
Trail and Street Resurfacing Project to North Valley, Inc. in the amount of$603,927.54. Construction
will take place in 2019.
APPROVED.
1
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2018 PAGE 2
4. Motion to Authorize a Letter of Support for the Anoka County Highway Safety
Improvement Program Funding Application for Central Avenue and Gardena
Avenue.
APPROVED.
5. Motion to Authorize a Letter of Support for the Rice Creek Watershed District
Stabilization Grant.
Wally Wysopal, City Manager, stated this is for application of a grant from the State of
Minnesota's Clean Water Fund that will stabilize the bluffs along Rice Creek between Highways
47 and 65.
Mayor Lund asked if this is in the public area only, such as Locke Park.
James Kosluchar, Public Works Director, said it was his understanding that they want access
via the City's property as well as a letter of support. The letter of support should indicate the
City is willing to work with them to give them access. It is city-owned property and an Anoka
County dedicated park. They are working with both entities on the project.
Mayor Lund said he was wondering because there was no mention about any assessments for
private property.
Mr. Kosluchar said it was his understanding that the funding package as is presented in the
agenda. It is what he received from Matt Kocian at the Rice Creek Watershed District.
Basically the Rice Creek Watershed District is paying a portion. They are also hopefully
receiving a grant from the Clean Water Fund which is a state-authorized grant through the Board
of Soil and Water Resources. Those are the only funding elements at this point.
APPROVED.
6. Claims (ACH PCard 1808; 181929— 182145).
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to adopt the proposed consent agenda. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2018 PAGE 3
OPEN FORUM, VISITORS:
No one from the audience spoke.
7. Informal Status Reports: None.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak..
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT
7:08 P.M.
Respectfully submitted,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
3
PLANNING COMMISSION MEETING
August 15,2018
Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m.
MEMBERS PRESENT: David Kondrick, Leroy Oquist, Mike Heintz, and Rachel Schwankl,
MEMBERS ABSENT: Brad Sielaff, Davis Ostwald, and Mark Hansen
OTHERS PRESENT: Stacy Stromberg, Planner
Amy Kempf,Neighborhood Preservation Specialist
Todd Ofstun, TCO Design
Nate Running, Watermark
Estella Melton, 5330 Fourth Street NE
Pam Reynolds, 1241 Norton
Joanne Zmuda, 6051 Fourth Street NE
Approval of Minutes: May 16, 2018
MOTION by Commissioner Oquist to approve the minutes. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING:
Consideration of a Special Use Permit, SP #18-03, by Watermark Enhanced Care Suites of Fridley,
LLC, to allow the construction of an addition to the existing Watermark Assisted Living and
Transitional Care Facility at 5300 4th Street. This addition will expand the existing building and
will occupy the properties located at 5320 and 5326 4th Street. A total of 18 additional care units
are proposed.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:01
P.M.
Stacy Stromberg, Planner, stated the petitioner is requesting a special use permit to allow an expansion
of the existing facility. This building expansion will utilize the lots at 5320 and 5326 4th Street and will
add 18 additional care units to the existing 28-unit building.
Ms. Stromberg stated the petitioner notes that the existing facility opened in 2017 and is already full.
This location has turned out to be exceptional for this use and, as a result of that success, the petitioner is
seeking this special use permit for a building expansion. The petitioner has signed purchase agreements
with the property owners of both 5320 and 5326 4th Street that are contingent upon the City approval of
the special use permit.
Ms. Stromberg stated the existing project received special use permit approval from the City Council in
June of 2016. To get to that approval, there were several Planning Commission and City Council
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Planning Commission Meeting
August 15, 2018
Page 2 of 14
meetings and modifications to the size of the building and parking areas. Since the construction of the
building has been complete, there have overall been very few complaints. Staff has had conversations
with the owner about employees parking on the street, and that issue seems to have been resolved.
However, staff is recommending a stipulation on this permit that requires staff to use on-site parking.
Other than that,this use has been a good fit for the neighborhood.
Ms. Stromberg stated convalescent homes, nursing homes, and assisted living facilities are a permitted
special use in the R-3 zoning district. When the petitioner applied for their special use permit in the past,
they described the use as a comprehensive home health care use and so they decided as the City that was
most closely related to a convalescent home or an assisted living facility. Because of the addition the City
is making the petitioner go through the process again.
Ms. Stromberg stated the existing facility is 3 stories, has a footprint of 5,450 square feet and has 28 care
units, along with common areas, indoor parking, office space and a kitchen. The proposed addition will
also be 3 stories, will have a footprint of 5,284 square feet and will be connected to the existing building
through a 2-level skyway. The lower level of the addition will be an open garage with 12 parking spaces
that will be accessed from the alley and the 2 upper floors will have 9 units on each level, with a gathering
area and a staff office. Total number of care units between the 2 buildings will be 46 once the addition is
completed.
Ms. Stromberg stated as part of the proposed addition, the petitioner will be converting the existing
enclosed 6-car garage on the lower level to usable space for staff and guests. After the existing facility
was constructed, the petitioner noted to staff that there is a need to have more common area for the
residents and office area for the staff. So by converting the existing garage space to office space, a
conference room, bathroom, a large dining room with an activity/theatre space, they are gaining the
additional common space needed. The residents of the new building will be using the dining facilities
that are within the existing building. The parking stalls that will be lost as a result of this conversion will
be added with the construction of the addition.
Ms. Stromberg stated shortly after the building was constructed, the petitioner had articulated to staff
there seemed to be a need for more space for residents of the facility and they did not have quite enough.
They had the care suites but not enough space to just hang out or do activities together. By converting the
garage space, it will give them the space they need.
Ms. Stromberg stated the site will be accessed by vehicular traffic from 53`d Avenue, off the existing
alley, which is where the site's parking is also located. Residents of the facility will not drive. The
petitioner is proposing to construct 12 covered parking stalls in the lower level of the addition and
construct an additional 15 surface parking stalls for a total of 27 stalls. The building will only be accessed
from 4th Street through the use of a sidewalk.
Ms. Stromberg stated City Code does require 23 parking stalls for a nursing home use or assisted living
use. As she stated the petitioner is planning on constructing 27 so they do meet the Code requirements.
Because of the concerns from the last time around with parking and the conversations the staff had with
the existing facility, they will add the extra stipulation making sure the employees park in the lot. The
City does expect visitors to park on the street now and then. That is okay, but they just want to make it
clear about the employees.
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Planning Commission Meeting
August 15, 2018
Page 3 of 14
Ms. Stromberg stated City Staff recommends approval of this special use permit as these types of uses
are a permitted use in the R-3, Multi-Family zoning district.
Ms. Stromberg stated staff recommends that if the special use permit is granted, the following
stipulations be attached:
1. The petitioner shall obtain a demolition permit prior to removal of the existing building
on the properties located at 5320 and 5326 4' Street.
2. The petitioner shall obtain all necessary permits prior to construction of the addition.
3. The petitioner shall meet all building, fire, and ADA requirements for the addition.
4. The petitioner shall complete and file a lot combination application to add the parcels at
5320 and 5326 4th Street to the existing parcel addressed as 5300 4`h Street.
5. City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
7. If the transitional care/assisted living use changes, the special use permit shall be further
reviewed by the City Council at the owner's expense.
8. If on-street parking becomes evident as a result of this use, the special use permit and
options for additional parking shall be further reviewed by the City Council at the
owner's expense.
9. All employee parking shall be on-site, no employee parking shall occur on the street.
10. The enclosed parking area in the existing building shall not be converted to livable space
until the parking area is constructed for the addition.
11. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and
void one year after the City Council approval date if work has not commenced or if the
Petitioner has not petitioned the City Council for an extension.
Chaiperson Kondrick stated one of the problems they had the first time around was there was an
automobile repair shop about one-half block away. They had or wanted to park cars they were working
on on the street or around these lots and neighbors had complained about that. Have they been spoken to
recently? Are they aware of not being able to do that?
Ms. Stromberg replied that issue has seemed to resolve itself as a result of the new building. They did
receive the public hearing notice about the hearing tonight, and she has not heard from them.
Commissioner Heintz stated there was no stipulation for a building permit for the change in the old
building. Would they want to add that?
Ms. Stromberg replied they could certainly add that. The conversersion would be part of the building
application process when they submit to the City, but they could amend the stipulation to add conversion
of the existing space too.
Commissioner Oquist asked where were the additional 15 parking stalls going to be constructed?
Ms. Stromberg replied everything will be off the alley. There will be 12 parking stalls under the
building addition and the remainder of the stalls are in the parking lot on the back side of both buildings.
Chairperson Kondrick asked the petitioner if he was in agreement with the stipulations?
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Planning Commission Meeting
August 15, 2018
Page 4 of 14
Todd Ofstun, TCO Design, replied,yes.
Chairperson Kondrick asked Mr. Ostun whether he had any questions about them?
Mr. Ofstun replied, no. The goal is definitely to keep the employees in the garage area so guests/visitors
can park next to the building. There will he 15 open spots. There are 4 stalls proposed on the north side
by the existing garage and then the other 1 I are close to the entry to the building. They also have
provided parking numbers from what the current staffing is now,the number of average visits,the number
of cars, etc. So they know in the future they will need an average of 20 stalls to accommodate everyone.
That would fluctuate from time to time, however they are comfortable with the 27 they are providing.
One of the issues currently is access to the parking garage. Right now it has a door which is not always
easy for staff to access. The new covered parking area won't be accessed through a door, it will be open.
Commissioner Schwankl stated she is just curious what is the average number of rooms for Watermark's
properties?
Mr. Ofstun stated this is Watermark's first facility.
Commissioner Schwankl asked Mr. Ofstun in the near future do they think they will be expanding again
or is this their target number of units?
Nate Running, Watermark, replied most facilities similar to this range in size from 20 to 50 units. He
got involved in developing this kind of development because his grandfather had Alzheimers and he was
in charge of his financial wellbeing. He flew out to Colorado to find a place for him to live, and every
single unit was like an institution or hospital. He came up with the idea of where would he want to put
his grandfather. It was more of a residential feel where you are walking into a greatroom or a diningroom
just like you would at your house. So this is going to be it for this development. They do not want a
large institutional environment. All the staff are friendly with the residents. It is more of a home
environment. They are working on a project in Golden Valley. That is going to be 25 units. So it is that
25-50 unit range. They were not really expecting to expand from the 28, but the demand has been
overwhelming. It is local people who are living there.
Estelle Melton, 5330 Fourth Street NE, stated she will be right next door to the proposed building. She
thinks it is the best thing for their neighborhood.
Commissioner Kondrick asked Ms. Melton why did she think so?
Ms. Melton replied, it cleaned the area up and made it look neater. She is so glad they are addressing the
parking because that has been a problem. The thing that bothered her the most was the parking at night
and it the winter because it would clog up the end of the block. If that is being taken care of, that is
wonderful. Her concern is she is getting ready to sell her house. Her fear is that when they are building
the addition how that may hurt her selling her house. She is also concerned that if she stays what kind of
damage can be caused with the building equipment so close to her house. Her house is probably about
123 years old.
Chairperson Kondrick stated from what she heard this evening as to when they are going to start
building, have most of her concerns been addressed?
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Planning Commission Meeting
August 15, 2018
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Ms. Melton replied, most of them. She still worries about the big equipment, what damage could
possibly happen, and who is responsible for that if it was damaged in any way.
Chairperson Kondrick stated they can understand Ms. Melton's question about the damage to her
property and so on.
Mr. Ofstun stated he would talk to her after the meeting but understands her concern. One of the things
he and Ms. Stromberg have gone through over the last week is he had mistakenly put the building 33 feet
from the north lot line and the setback is actually 40 feet. So that will provide a greater buffer between
where the construction is going to be and the structure on Ms. Melton's property. A lot of times they only
have a 10 feet setback to work with and then have to put down shoring, so 40 feet will be a good distance.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:23
P.M.
Chairperson Kondrick stated they do not have the issues they had the first time around that is for sure.
Commissioner Oquist stated that is for sure. Most of them have been addressed and taken care of.
Commissioner Schwankl stated there is a need for it this use.
Chairperson Kondrick stated he cannot see what is wrong with this idea. It is a great one and serves a
useful purpose. The parking thing is solved, and he has no problem with this.
MOTION by Commissioner Heintz approving Special Use Permit, SP #18-03, by Watermark Enhanced
Care Suites of Fridley, LLC, to allow the construction of an addition to the existing Watermark Assisted
Living and Transitional Care Facility at 5300 4th Street with the following stipulations as modified:
1. The petitioner shall obtain a demolition permit prior to removal of the existing building
on the properties located at 5320 and 5326 4th Street.
2. The petitioner shall obtain all necessary permits prior to construction of the addition and
modification of the existing garage space.
3. The petitioner shall meet all building, fire, and ADA requirements for the addition.
4. The petitioner shall complete and file a lot combination application to add the parcels at
5320 and 5326 4th Street to the existing parcel addressed as 5300 4th Street.
5. City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
7. If the transitional care/assisted living use changes, the special use permit shall be further
reviewed by the City Council at the owner's expense.
8. If on-street parking becomes evident as a result of this use, the special use permit and
options for additional parking shall be further reviewed by the City Council at the
owner's expense.
9. All employee parking shall be on-site, no employee parking shall occur on the street.
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Planning Commission Meeting
August 15, 2018
Page 6 of 14
10. The enclosed parking area in the existing building shall not be converted to livable space
until the parking area is constructed for the addition.
11. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and
void one year after the City Council approval date if work has not commenced or if the
Petitioner has not petitioned the City Council for an extension.
Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. PUBLIC HEARING:
Consideration of a Text Amendment, TA #18-02, by the City of Fridley, to allow the code on
Exterior Storage to be applied to an entire property and not just what is seen from the public right-
of-way.
MOTION by Commissioner Schwankl to open the public hearing. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:27
P.M.
Amy Kempf, Neighborhood Preservation Specialist, stated the purpose of this text amendment is to allow
for the outside storage code to be applied to the entire property, not just what is seen from the public
right-of-way.
Ms. Kempf presented a picture of an example of a backyard from an abatement the City had done. There
is storage against the garage that couldn't be seen from the public right-of-way, but because staff was
abating stuff in the front yard, once on the property, they were able to see the backyard. Because it was
hidden by a fence, under the current code, staff wouldn't be able to do anything about the storage.
Ms. Kempf stated the City's current City Code states "All materials shall be kept in a building or shall be
fully screened, so as not to be visible from any public right-of-way except for stacked firewood, in the
side or rear yard." If anyone were to have outdoor storage and accumulation like they see in the picture
of junk, debris, old lawn mowers that have been there since 2005, the City Code does not currently allow
the City to do anything about it even though there are five neighbors who can see into a yard and call the
City to do something about it. If City staff cannot see it from the public right-of-way, they are not able to
currently address this. Calls come in weekly asking for staff to get involved in outdoor storage cases that
can't be seen from the public right-of-way.
Ms. Kempf stated the League of Minnesota Cities has a handbook and a memo for public works staff and
city staff who are entering private property. This Code says, "If a code violation clearly is visible from an
abutting public property (such as a public street or sidewalk), or a private property on where the city has
permission to be present — these violations are considered to be in "plain view". When she gets phone
calls from complainants who say there is junk and debris in my neighbor's backyard, and it can't be seen
from the public right-of-way, but the complainant gives staff permission to view the items from their
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Planning Commission Meeting
August 15, 2018
Page 7 of 14 •
backyard, staff would be able to address it, if the code was changed to what the League of Minnesota
Cities states.
Ms. Kempf stated she's received 10 complaints within 7 businesses days of cases where outdoor storage
was in areas that couldn't be seen from the public right-of-way and staff had to tell the complainants that
nothing could be done if the items can't be seen from the public right-of-way. The complaints ranged
from plywood in the backyard, steel, scrap metal, mattresses, furniture, etc. and these complaints occur on
a constant basis.
Ms. Kempf stated the Code change would not give City staff permission just to walk into residents'
backyards. Staff would only be able to view the yards when people are inviting them into their backyards
or complainants are calling and giving them permission to view from their backyards. Staff can verify
that the items are there and address the violation from there. We would address is like we currently do
with violations, first inspect the property, send a 15-day letter, then send a final 5-day letter, and then start
the abatement process. Again it is not something where we wouldn't go in and immediately take the
items; we would handle it the same as if it was it was a violation the front yard. This Code is just
allowing City staff to treat the front and back yard the same.
Commissioner Oquist stated Ms. Kempf keeps referring to backyard. She might want to change that
because in his neighborhood they have somebody who has outside storage violations in the front yard that
is an eyesore.
Ms. Kempf replied, this change would address any part of the yard. It's typically the backyards that are
screened from the public right-of-way, but this Code change would allow for any part of the yard that is
currently screened or not in public view. With this change if they get permission to see it from another
point then they would be able to address it.
Chairperson Kondrick stated just out of curiosity, those complaints she received in that short span of
time, were those properties rental units?
Ms. Kempf replied, she did not know that off the top of her head. From her work as code enforcement
specialist, she sees the same amount of complaints for rental as she does for normal residential
properties. With the rental program in the City they do a really good job about checking each property for
all types of violations when they do their inspections. There is really good communication between code
enforcement and the rental departments so if something is a violation, we work together to resolve it.
Ms. Kempf stated the new language would be that all materials shall be stored in a building with the
exception of split and neatly stacked firewood, boats, non-motorized camping and trailers and utility
trailers in the side or rear yard. They are just changing the language so they can better control when there
is a junkyard is someone's backyard.
Ms. Kempf stated staff recommends that the Planning Commission hold the public hearing to allow for
public comment on the text amendment and to provide a recommendation for approval to the City
Council.
Commissioner Oquist asked how will this be enforced?
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Planning Commission Meeting
August 15, 2018
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Ms. Kempf stated they will treat it how the City currently does its code enforcement process. She
inspects properties usually within three days of getting the complaint. She would then meet with the
neighbor who is letting her view it and, after viewing the Code violation, she would send the
tenant/resident/property owner a 15-day letter. After the 15-day letter, which includes the Code language
they are violation in and how to resolve the violation, and after the 15 days if they still have not resolved
the issue, staff sends a final letter saying they have 5 days to remove it or we will start either a citation or
abatement process.
Ms. Kempf stated staff prefers to do abatements with this type of violation, so after a final letter is sent
out, a 20-day abatement letter gets mailed out which includes the City's procedure on abatements, give
them information if they choose to do a hearing and oppose the abatement. If they still have not cleaned
it up after 20 days, then the City would hire their contractor to have the items abated. Any items deemed
of value are stored for 30 days, and they have 30 days to pay and, if not, the invoice is assessed to the
property.
Chairperson Kondrick stated that is fair.
Commissioner Heintz stated, for example, what if he is going to be building a deck and he has a bunch
of wood in the backyard. Does he have to store that in a building until they build the deck?
Ms. Kempf replied, that is something they would work with the property owner on and the building
permit staff. Working to create a timeline so it is not a project that you hope to do some day and the
wood just stays there. However, if you are currently working on the project then if can be there.
Commissioner Heintz and it is the same thing with landscaping materials, etc.
Ms. Kempf replied, yes, and this is something where the key word is "storage" where if you are currently
working, mowing your lawn, in the process of a project then it is not being stored. However, if these
items have been there for months that is when the City has the text amendment for this purpose.
Commissioner Schwankl stated the one thing she noticed when reading through this is some of the
changes appear to require that only the front yard have a hard surface drive and some require the front,
side, and rear yard have a hard surface drive for their non-motorized camping trailers, utility trailers,
boats, etc. Shouldn't it be that hard surface is only for the front yard storage?
Ms. Kempf stated, yes, and she apologized that was the wrong copy in their packet but that is what the
intention was for the boats and trailers is on the front yard would need to have a paved surface. For the
side and rear yard you are not required to park the recreational vehicle on a paved surface.
Pam Reynolds, 1241 Norton, stated first of all she is hoping her comments will be listened to and she
understands what the text amendment is looking to correct. She has a concern with private property
rights. They also have a City Code which is Section 110.02 and in there under Section (5) it spells out
that you cannot have certain things in the open. So, that somewhat addresses this issue. The City also has
a process in place that would allow for if there is a storage issue or public nuisance that is dangerous or
not just a storage issue that they can seek a warrant to investigate the property. That is also allowed by
law.
11
Planning Commission Meeting
August 15, 2018
Page 9 of 14
Ms. Reynolds stated under City Code 110.02, Section (5), at the top of that it says that they are going to
follow Minn. Stat. §§ 609.74 and 609.745. Under that statute, 609.74, in order to be considered a public
nuisance which outdoor storage falls under,then it has to affect a considerable number of members of the
public. If her neighbor looks into her backyard and does not like her garden potting bench, too bad. It is
in her backyard,you cannot see it from the street, she is not moving it anywhere, it is staying right where
it is and it is not affecting a considerable number of members of the public.
Ms. Reynolds stated Ms. Kempf referred to a memo from the League of Minnesota Cities. There is also
a memo from the League of Minnesota Cities that is an information memo titled, "Public Nuisance". In
there it gives the definition between a public nuisance and a private nuisance. These kinds of things
where it is in somebody's backyard becomes a private nuisance. Under the law it requires when it is a
private nuisance, because unless that outdoor storage is causing a health issue, safety issues,just because
it does not look good does not make it a public nuisance. By taking away the protection of the
homeowner to have things stored in their backyard, she sees it as a private issue.
Ms. Reynolds stated if they change the language they are going to have wars in neighborhoods. She does
not want her neighbor looking over her fence and saying, Pam, I do not like that you have those kid toys
out there. It is not their circus, it is not their monkey. It is her yard. She will use it in whatever fashion
she deems appropriate for her pleasure. It is hers. It is not yours.
Ms. Reynolds stated in this League of Minnesota Cities information memo it says, ordinances may only
regulate public nuisance and may not declare something a public nuisance that would be considered a
private nuisance, which is relatively harmless or not a nuisance at all. It must be clear as to what
constitutes a nuisance. Okay, so outdoor storage is treated as public nuisance. They are saying she can
have a boat, a recreational vehicle, whatever. What else can she have or cannot have? Minnesota Statute
says she can have anything that has a practical use. Who gets to make the determination? That is one
thing about Fridley's City Code when it comes to outdoor storage,there is no laundry list of what she can
and cannot have. She has small grandchildren and she has play equipment and a swimming pool and in
the backyard is where it stays. It is there three or four months and when winter comes all of her things—
her patio furniture,her garden pots and things—they get stored. She owns a duplex. She does not rent it;
she owns it. There is a center fence. Everything gets stacked neatly and covered with a tarp for winter.
There is not room in her garage to be moving all of this and putting it away.
Ms. Reynolds stated the neighboring properties to her are rental. She does not complain about what they
have in their backyard. If they have bags of garbage, rotting leaves, things that could be hazardous to
many people, then she has made phone calls and said you need to have somebody come and take care of
this. But what she has in her backyard, that is hers. And what her neighbor may consider as useful or
have a purpose may not be her same definition of that or yours.
Ms. Reynolds stated for example there was a point in time where there was a rental property on Norton
Avenue where the lady had rocking chairs and tables and all kinds of things in her front yard that she had
flower pots sitting on. Ms. Reynolds called and spoke with Scott Hickok and she asked him about it and
asked whether that was a storage issue, and he said, no. What she chooses to use for her landscaping
decoration, is what she chooses to use.
Ms. Reynolds stated she actually spoke with a young man who told her that he did not like what was
going on in his neighbor's yard so he put up a privacy fence. Her neighbor across the street, after living
12
Planning Commission Meeting
August 15, 2018
Page 10 of 14
there for 30 plus years, got tired of the noise and whatnot from the Medtronic parking lot and put up a
beautiful wooden privacy fence.
Ms. Reynolds stated she has a problem with this stepping over the line between what is a private
nuisance and what is a public nuisance and what it is going to cause in neighborhoods. There is no list of
things she can have. What about her barbeque grill? She uses it year around. Is that outdoor storage
because it is sitting there? According to the new language it would be, because it's not a boat, a trailer, or
a recreational vehicle.
Ms. Reynolds stated in this information memo from the League of Minnesota Cities, it spells out that a
private nuisance harms few people. As such the responsibility for prevention or abatement is the
responsibility of those harmed and is not proper ground for city action. Also in that memo it says cities
need to limit their actions to public, not private. She believes when you want permission to start allowing
neighbors to complain about what is in her backyard that is stepping over the line.
Ms. Reynolds stated there is no clear definition and it's called out in the League memo, that there has to
be a clear definition. From what they are telling her, she does not own a boat, she does not have a
recreational vehicle, she does not have any of the three things staff talked about that she can put in her
backyard so evidently everything she has in her backyard is outdoor storage because it stays there year
around. She does not move it. It is her house. She wants them to consider again, they need to take a look
at City Code Section 110.02 because if you change this for 205 they are going to need to change that one,
too. She really believes they are going to open a kettle of worms. They already have the ability to get a
warrant.
Chairperson Kondrick asked Ms. Kempf if she had any comments to be made about what Ms. Reynolds
just spoke to them about?
Ms. Kempf replied she would just like to reiterate that there will be a reasonable approach with this. She
does not consider the recreational toys to be outdoor storage. As to the lawn furniture, those are items
that are used, those are items of recreational activities. Brooklyn Park and the City of Coon Rapids have
a similar Code to what Fridley is looking at, and they take the same approach. They really look at what is
junk and debris. That is not something they would consider to be outdoor storage.
Commissioner Heintz stated he has a problem with that because about four years ago he had a load of
landscape mulch in his front yard and he had his wheelbarrow sitting in his backyard. He lives on a
corner. He received a Code violation for his wheelbarrow sitting in the backyard. Ms. Kempf might say,
oh, that is not going to matter. She leaves the City and the next person comes in and says, oh, that
trampoline somebody complained about it, it's not listed in the code so it must be storage. Staff has to
think about that a little bit because this could happen. It happened to him. Somebody else comes in and
reads the Code and, if it is not a blade of grass in your backyard, it cannot be there.
Commissioner Schwankl stated it looks like they are amending it to say all materials and equipment.
Does it make sense to remove or strike "and equipment" and also to add "landscaping"to the list of boats,
non-motorized camping trailers, utility trailers, and landscaping? Does it maybe make sense to amend it
that way?
Ms. Kempf replied, she thinks that would make sense. The problem is when you start adding things and
make a laundry list you are always going to leave something out. She understands where Commissioner
13
Planning Commission Meeting
August 15, 2018
Page 11 of 14
Heintz is coming from. She thinks the City's code enforcement process has changed a lot since the two
years she has been with the City. They are trying to make things consistent. Problems the City had
before with having a summer intern is they had so many different people training them, that there could
have been some confusion on stuff like that.
Commissioner Heintz asked, what if they put in the code that items in the backyard may include items
consistent with current construction projects, current yard remodels and stuff like that. Okay, if a person
has a wheelbarrow in the backyard and you can see he is doing work out there, we are not going to send
him a letter.
Ms. Stromberg stated she would like to just give the commission some history related to code
enforcement in Fridley. In 2003 the City laid off its code enforcement person so from 2003 until 2016 the
City had multiple planning staff doing code enforcement as much as they could along with their other
job. Amy Kempf is new to this position as of two years ago and we could not be happier to have her.
Prior to hiring her, the City had summer interns coming in, and we did our best to train them. As to
Commissioner Heintz's situation they have heard complaints related to those types of letters that went
out. The intern is learning, we are trying to teach them, and sometimes it did not go the way they wanted
it to go. This is meant for that mattress and junk that has been sitting in your neighbor's backyard that the
City has not been able to do anything about.
Commissioner Heintz stated he understands that but, okay, the City gets tight on money again and Ms.
Kempf leaves and they start using interns again. They are going to run into the same type of problems.
There needs to be some language in there that says, if a person is working on their yard, doing some
construction in their yards, or redoing landscaping or, improving the look of their property and those
materials in the backyard are consistent with that project, then those are acceptable. You do not have to
list a wheelbarrow and a rake, etc. It is materials and equipment consistent with improving the property
on a current basis.
Ms. Stromberg stated and like Ms. Kempf said, coming up with a list, it can be hard because the City is
always going to exclude something. Of course barbeque grills are fine, of course the children's pool and
toys are fine, unless they have been sitting there for two years and they are not getting used and they are
getting all rusty. The thing about it is you need to be reasonable, and she understands the idea of
including more than they probably have here, it is just where do you start and where do you stop.
Commissioner Heintz stated they should stipulate materials and equipment consistent with improving
the property and then you can include like kids toys,trampolines, etc.
Commissioner Schwankl stated for the reasonable useful enjoyment, she would remove the word,
"equipment".
Commissioner Heintz stated he disagrees though because if someone has an old tractor that is equipment
sitting in a backyard just rotting away,you do not want that there either.
Commissioner Schwankl stated but there are ways to address hazardous materials and equipment
elsewhere in the Code. She agrees with Commissioner Heintz, use words like reasonable, etc.just to help
avoid future people from mediating where they probably do not need to be involved.
14
Planning Commission Meeting
August 15, 2018
Page 12 of 14
Ms. Reynolds stated this change has to do with residential properties and she noticed it covers all
classifications. When it comes to commercial properties, they are required to screen their outdoor
storage. In her opinion, her house screens her outdoor storage. The only people who are looking at what
is in her backyard is the apartment building behind her and, if they have an issue, they can yell over the
fence and say, Pam, put that crap away and she will gladly do it. This is going to cause more problems
that it is worth to change it, because there is an avenue for code enforcement without pitting neighbor
against neighbor.
Ms. Reynolds stated the rental properties should be covered because State Statutes says it is the owner's
responsibility to maintain it. If you have junk laying all over a rental property, if the neighbors complain,
that is as easy as notifying the owner. As to an old tractor in the yard, what if she has an old tractor and
she has it displayed with begonias or something. That is part of her landscape plan. She has seen people
with toilets in their front yard with petunias growing out of them. That is part of their landscape.
Joanne Zmuda, 6051 Fourth Street NE, stated she lives behind the Cielo building. Across the street
from her there is a house that was re-sided maybe three or four years ago. They have a pile of junk on the
side of the garage which is visible from the street. She can sit and watch TV and see this pile of junk. It
does not bother her, it is not in her yard, she sees it, and she does not care. When you have neighbors
spying on neighbors, and the City coming in to check your yard is carrying it just a bit too far. They all
have to live here. Let's try and get along and solve our own problems and not get the City involved
unless you absolutely have to and then you can go to court. She does not see the way it is now to be a
problem.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:03
P.M.
Commissioner Oquist stated he heard the comments, private vs. whatever, but also to him you have to
remember you are living in a neighborhood, a community, that is trying to look presentable. In
Commissioner Heintz's case that was ridiculous to get a citation for the wheelbarrow in the backyard. On
the other hand, they have to clean things up. For example, where he lives the neighbor next door has to
look at the people's bath tub which has been sitting in the backyard for about two years that they took out
of the house. Haul it away and get rid of it. It is a community. It is a neighborhood and you have to be
able to address that. Somebody might say this is my property, but your neighbors have to look at that as
well. They have to have some way to police that if you will. He does not like the word "police" but he
could not think of anything else.
Commissioner Heintz stated he gets what is happening. He understands that and agrees in principle with
it. However, they need a little bit more clarification and direction. You cannot just say, you cannot have
anything in your backyard but stacked wood. If you go by that, anybody who has a trampoline in their
backyard is in violation. You are saying the only thing you can have is wood or the vehicles. That has to
eliminate anything else in the backyard, such as swing sets. Common sense tells you that is not junk but
you are not allowing for that. If somebody comes along and they are a stickler by the word, they can say,
you know you have to remove that. You cannot have that in the backyard.
15
Planning Commission Meeting
August 15, 2018
Page 13 of 14
Commissioner Schwankl stated she tends to agree. Things like landscaping or reasonable recreational
items should be basically approved in this language. The way it is it leaves it in the hands of an
individual who may be a little bit too much of a stickler.
Chairperson Kondrick stated so they are saying this is a good idea if they were more specific, if they
line itemed things.
Commissioner Schwankl replied, no, if they just made it reasonable.
Chairperson Kondrick stated but how do you get away from it, that is his point.
Commissioner Oquist stated the only way you can do it is you have to line item things. Say, this this is
acceptable,this is not. There is always going to be a gray area.
Commissioner Heintz stated if you say items included are stacked wood. You could say any items in a
current landscaping plan, current improvement projects. If you say it is materials and equipment for a
current yard or home improvements that covers a lot of stuff and it does not cover junk.
Commissioner Oquist stated, yes, it does cover junk.
Commissioner Heintz stated but it is a current improvement project.
Chairperson Kondrick stated that part is okay but this lady talked about someone having a bunch of
siding alongside their house for the past few years and she does not mind it, but someone else may. He is
against anything that is going to make the City of Fridley look like a junk yard, like people do not care.
That is where she is wrong. In any event what are they going to do with this? Does staff want the
Commission to take action on it?
Ms. Stromberg replied, that would be up to the Commission. If they would like, staff could work on
modifying the language, talk to the City Attorney, and come back to them with new language.
Chairperson Kondrick replied, that would be wise because she does have some valid questions. He
knows the intent is there. It is very, very good and necessary.
Commissioner Heintz stated they all agree on that.
Commissioner Oquist stated they have heard the comments and if they can put that together in such a
way that Commissioner Heintz is talking about. It has to have some kind of common sense and cannot be
just item by item.
Commissioner Schwankl stated they should use a word like "reasonable" just to allow a little wiggle
room, a little breathing room. Also,just to make sure that all the hard surface is for front yard.
Chairperson Kondrick asked whether they are in agreement?
Ms. Stromberg stated she would recommend there be a motion to table.
Chairperson Kondrick stated he think Ms. Stromberg's idea is sound.
16
Planning Commission Meeting
August 15, 2018
Page 14 of 14
MOTION by Commissioner Heintz to table to the next meeting the Consideration of a Text Amendment,
TA #18-02, by the City of Fridley, to allow the code on Exterior Storage to be applied to an entire
property and not just what is seen from the public right-of-way to the next Planning Commission
meeting. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
RECEIVE MINUTES FROM OTHER COMMISSIONS:
1. Receive the minutes of the May 7,2018,Parks and Recreation Commission Meeting.
MOTION by Commissioner Heintz to receive the minutes. Seconded by Commissioner Schwankl.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Stromberg stated as to an item from the last meeting, the plat on Lucia Lane, making three lots from
one lot, that was approved by the City Council; and the final plat was also approved by the Council since
the Planning Commission met last. Also there was a special use permit for a lot coverage increase at
Ashley Furniture, and that was approved. The City issued a building permit so they should be seeing an
addition onto that building very soon.
Ms. Stromberg stated at the next meeting on September 19.
ADJOURN:
MOTION by Commissioner Oquist to adjourn. Seconded by Commissioner Schwankl.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:12 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
17
MIMI
AGENDA ITEM
Coly
CITY COUNCIL MEETING OF
i Fridley
SEPTEMBER 10, 2018
Date: September 4, 2018
To: Walter T. Wysopal, City Managery
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution approving Special Use Permit Request,SP#18-03, by Watermark Enhanced Care
Suites of Fridley, LLC
ANAYLSIS
The petitioner, Nate Running, who represents the existing Watermark Enhanced Care Suites of Fridley, LLC
located at 5300 4th Street is requesting a special use permit to allow an expansion of the existing facility. This
building expansion will utilize the lots at 5320 and 5326 4th Street and will add 18 additional care units to the
existing 28 unit building.
The petitioner notes that the existing facility opened k -;-:----
` .> '.
in 2017 and is already full. This location has turned 'a,
out to be exceptional for this use, and as a result of iite- .I1 11
4, 0
ri
that success, the petitioner is seeking this special use _ '`Fdieki, . t l
permit for a building expansion. iurt__ r , ,.. 1 . v
, ci Li .4The petitioner has signed purchase agreements with -k - -
the property owners of both 5320 and 5326 4th
Street that are contingent upon the City approval of
the special use permit.
The existing project received special use permit approval from the City Council in June of 2016. To get to that
approval, there were several Planning Commission and City Council meetings and modifications to the size of
the building and parking areas. Since the construction of the building has been complete, there have overall
been very few complaints. Staff has had conversations with the owner about employees parking on the
street, and that issue seems to have been resolved. However, staff is recommending a stipulation on this
permit that requires staff to use on-site parking.
PLANNING COMMISSION RECOMMENDATION
At the August 15, 2018 Planning Commission meeting, a public hearing was held for SP#18-03. After hearing
from the petitioner and one guest, the Planning Commission had a brief discussion and then recommended
18
approval with a slight modification to stipulations#2 to note that a building permit is required to modify the
existing enclosed garage to living space. THE MOTION CARRIED UNANIMOUSLY.
STAFF RECOMMENDATION
City staff recommends concurrence with the Planning Commission and approval of the attached resolution
for SP#18-03.
STIPULATIONS
1. The petitioner shall obtain a demolition permit prior to removal of the existing building on the
properties located at 5320 and 5326 4th Street.
2. The petitioner shall obtain all necessary permits prior to construction of the addition and the
modification of the existing garage space.
3. The petitioner shall meet all building,fire, and ADA requirements for the addition.
4. The petitioner shall complete and file a lot combination application to add the parcels at 5320 and
5326 4th Street to the existing parcel addressed as 5300 4th Street.
5. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a
building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building
permit.
7. If the transitional care/assisted living use changes, the special use permit shall be further reviewed by
the City Council at the owner's expense.
8. If on-street parking becomes evident as a result of this use, the special use permit and options for
additional parking shall be further reviewed by the City Council at the owner's expense.
9. All employee parking shall be on-site, no employee parking shall occur on the street.
10. The enclosed parking area in the existing building shall not be converted to livable space until the
parking area is constructed for the addition.
11. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year
after the City Council approval date if work has not commenced or if the Petitioner has not petitioned
the City Council for an extension.
19
City of Fridley Land Use Application
SP#18-03 August 15, 2018
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: Public Utilities:
Watermark Enhanced Care Suites of Fridley The existing 4-plex and house are connected.
Nate Running Transportation:
16192 Hwy 7 The properties receive access from the alley off of
Minnetonka MN 55345 53rd Avenue. They front along 4th Street.
Requested Action: Physical Characteristics:
Special Use Permit to expand the existing Flat lots with a 4-plex and single family home and
assisted living and transitional care facility detached garages that are accessed off the alley.
at 5300 4th Street SUMMARY OF PROJECT
Existing Zoning: The petitioner, Nate Running, who represents
R-3 (Multi-Family) Watermark Enhanced Care Suites of Fridley, is
Location: requesting a special use permit to allow an
5320 and 5326 4th Street NE expansion of the existing assisted living and
Size: transitional care facility at 5300 4th Street to the
Total lot area—17,958 sq.ft. .41 acres properties located at 5320 and 5326 4th Street. The
Existing Land Use: expansion will allow for the construction of 18
4-plex and a single family home additional units.
Surrounding Land Use&Zoning: SUMMARY OF ANALYSIS
N: Single Family& R-3 City Staff recommends approval of this special use
E: Single Family& R-3 permit, with stipulations.
S: Care Facility& R-3 Assisted Living Facilities are a permitted special use
W: Bona Brothers Automotive & C-2 in the R-3, Multi-Family zoning district.
Comprehensive Plan Conformance:
Future Land Use Map designates as « 1
Redevelopment
Zoning Ordinance Conformance:
Sec. 205.09.1.C.(7)((b)) requires a special 06,
use permit for assisted living facilities in an
R-3 zoning district
Building and Zoning History:
5320 4th Street y €
1886—Lot platted
1960—4-plex constructed
v.ret
1975—Detached garage constructed
5326 4th Street i
1886—Lot platted
1960—House constructed
1962—Detached garage constructed •--
Legal Description of Property:
5320 4th Street s Fn i vF r r
Lots 10 and 11, Block 13, Hamiltons w..
Addition to Mechanicsville Aerial of subject properties
5326 4th Street CITY COUNCIL ACTION/60 DAY DATE
Lot 9 and the South half of Lot 8, Block 13, City Council—September 10, 2018
Hamiltons Addition to Mechanicsville 60 Day—September 10, 2018
Staff Report Prepared by: Stacy Stromberg
20
Land Use Application
Special Use Permit #18-03
REQUEST
The petitioner, Nate Running,who represents the existing Watermark Enhanced Care Suites of Fridley,
LLC located at 5300 4th Street is requesting a special use permit to allow an expansion of the existing
facility. This building expansion will utilize the lots at 5320 and 5326 4th Street and will add 18 additional
care units to the existing 28 unit building.
The petitioner notes that the existing facility opened in 2017 and is already full. This location has turned
out to be exceptional for this use, and as a result of that success,the petitioner is seeking this special
use permit for a building expansion. The petitioner ,
has signed purchase agreements with the property ;t .
owners of both 5320 and 5326 4th Street that are ;., <!;'
contingent upon the City approval of the special1
/„
use permit. fro. ' , , , 1"h1 ' .q
Kg ir ,,.: t =
The existing project received special use permit `` t -
1 4
approval from the City Council in June of 2016. To A t- g
get to that approval, there were several Planning - ---
Commission and City Council meetings and —_. .1, £
modifications to the size of the building and • - Ar ,„ . a
parking areas. Since the construction of the building has been complete,there have overall been very
few complaints. Staff has had conversations with the owner about employees parking on the street,and
that issue seems to have been resolved. However, staff is recommending a stipulation on this permit
that requires staff to use on-site parking. Other than that, this use has been a good fit for the
neighborhood.
PROPOSED PROJECT
— p� , , �t
The existing facility is 3 stories, has a footprint of
5,450 sq.ft. and has 28 care units, along with
r ,mow 0,
I _ common areas, indoor parking, office space and a
! I i! •�• kitchen. The proposed addition will also be 3
I
ar•' 0, 1 : stories, will have a footprint of 5,284 sq.ft. and
� -Lt . will be connected to the existing building through
I 1 i 0„€I a 2-level skyway. The lower level of the addition
ij E Y; will be an open garage with 12 parking spaces
'3' that will be accessed from the alley and the 2
I „Q„_eib:et, upper floors will have 9 units on each level, with a
• ••• I� _-*.'St d; i gathering area and a staff office. Total number of
1 - rl li� care units between the 2 buildings will be 46 once
-- i 1! the addition is completed.
A MIlli4if 73,
►i," I ' %,. id As part of the proposed addition,the petitioner
m, I 1 �-'- ,I will be converting the existing enclosed 6 car
IP �y � , ._.. 1 garage on the lower level to usable space for staff
Q :— 3 and guests. After the existing facility was
I
�l �� iCr Y'i constructed,the petitioner noted to staff that
$z- I ---- I _ °"•'°m. there is a need to have more common area for
the residents and office area for the staff. So by converting the existing garage space to office space, a
conference room, bathroom, a large dining room with an activity/theatre space,they are gaining the
21
additional common space needed. The residents of the new building will be using the dining facilities
that are within the existing building. The parking stalls that will be lost as a result of this conversion will
be added with the construction of the addition.
The site will be accessed by vehicular traffic from 53rd Avenue,off the existing alley,which is where the
sites parking is also located. Residents of the facility will not drive. The petitioner is proposing to
construct 12 covered parking stalls in the lower level of the addition and construct an additional 15
surface parking stalls for a total of 27 stalls. The building will only be accessed from 4th Street through
the use of a sidewalk.
The petitioner has also submitted a landscape plan that will expand the theme that has already been
created on the existing project with new tree, shrub and perennial plantings.
Preliminary storm water treatment has been designed for the site,and will comply with the City and
Watershed prior to issuance of a building permit.
The addition will be comprised of the same architecture and building materials of the existing building.
SITE DESCRIPTION&HISTORY
The subject properties are zoned R-3, Multi-Family and have been since the City's first zoning map. The
majority of this neighborhood (east of University Avenue, north of 53rd Avenue,and west of 7th Street) is
zoned R-3, Multi-Family,with some parcels in the middle of the neighborhood zoned R-2,Two-Family
and parcels on the east edge zoned R-1,Single Family. Within this neighborhood is a mix of single family
homes, duplexes,4-plexes and larger unit buildings. The Bona Brothers property on the corner of
University Avenue and 53rd Avenue was rezoned from R-3, Multi-Family to C-2, General Business in 1971
and 1999 to allow that use to exist.
5320 4th Street—The existing 4-plex was constructed in 1960. A detached garage was constructed in
1975 that is accessed off the alley.
5326 4th Street—The existing house was constructed in 1960 and the detached garage was constructed
in 1962 that is accessed off the alley.
ANALYSIS
Convalescent/Nursing homes and Assisted Living facilities are a permitted special use in the R-3, Multi-
Family zoning district provided that the proposed project complies with the requirements for the special
use permit, subject to the stipulations. When the petitioner received special use permit approval for the
existing building,the use was described as a comprehensive home care use,which compared most
closely to a convalescent
home or assisted living
use. The use of the
proposed addition is the r �'
ammo pm - - . ill�llllll lllllllllll t n
same;therefore a new II ` l I ��(( l (
special use permit is I! •� � (( III .. 'llli�,..,!IfI _..�,;: ...::' I ..^ I I Il iii.P11 I
required to recognize the
building addition on the ' I: I 1::::::1 ( .`... J
two parcels to the north. 411 L ' - =- . - - =- • -
The existing facility is
ELIrYATION
licensed through the
Minnesota Department of Health under a Comprehensive Home Care License. The petitioner notes that
the residents will get assisted living care, memory care, and transitional care. Transitional Care is for
22
patients that need 24 hour care, but do not qualify to stay in the hospital or have family or friends that
can give them that level of care. Examples of those patients are post-op, pre-op,dialysis, bariatrics,
respirator, etc.
As stated above,the petitioner is requesting this special use permit to allow for the construction of an
addition to the existing 28 unit transitional care and assisted living facility. This addition would add 18
more units for a total of 46 units in the entire facility. City code requires 23 parking stalls for a nursing
home use and an assisted living use, and the petitioner is proposing to have 27 stalls constructed,
therefore meeting code requirements.
During the last special use permit process there were concerns related to parking. Since the existing
facility opened,the City has received a few complaints about employees parking on the street. It has
been communicated to the petitioner that employees need to use the off-street parking constructed on-
site. Staff anticipates that visitors may from time to time park on the street; however street parking
should not be used for daily employees. To help alleviate any potential complaints,staff will make this a
stipulation on the permit.
The proposed expansion meets lot coverage requirements, and will comply with all setback
requirements by moving the building south 7 ft. The petitioner has agreed to this modification to meet
the 40 ft. rear yard setback requirement,which can be achieved by reducing the length of the skyway.
RECOMMENDATIONS
City Staff recommends approval of this special use permit,for the properties at 5320 and 5326 4th Street,
as convalescent, nursing homes, and assisted living facilities are a permitted special use in the R-3, Multi-
Family zoning district.
STIPULATIONS
Staff recommends that if the special use permit is granted,the following stipulations be attached.
1. The petitioner shall obtain a demolition permit prior to removal of the existing building on the
properties located at 5320 and 5326 4th Street.
2. The petitioner shall obtain all necessary permits prior to construction of the addition and the
modification of the existing garage space.
3. The petitioner shall meet all building,fire, and ADA requirements for the addition.
4. The petitioner shall complete and file a lot combination application to add the parcels at 5320
and 5326 4th Street to the existing parcel addressed as 5300 4th Street.
5. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance
of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of
building permit.
7. If the transitional care/assisted living use changes, the special use permit shall be further
reviewed by the City Council at the owner's expense.
8. If on-street parking becomes evident as a result of this use, the special use permit and options for
additional parking shall be further reviewed by the City Council at the owner's expense.
9. All employee parking shall be on-site, no employee parking shall occur on the street.
10. The enclosed parking area in the existing building shall not be converted to livable space until the
parking area is constructed for the addition.
11. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one
year after the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
23
RESOLUTION NO. 2018 -
A RESOLUTION APPROVING SPECIAL USE PERMIT,SP#18-03
FOR WATERMARK ENHANCED CARE SUITES OF FRIDLEY,LLC TO ALLOW THE
CONSTRUCTION OF AN ADDITION TO THE EXISTING ASSISTED LIVING AND
TRANSITIONAL CARE FACILITY TO BE LOCATED ON THE PARCELS AT 5320
AND 5326 4TH STREET NE
WHEREAS, Section 205.09.01.C.7.((b)) of Fridley City Code allows assisted living facilities in an
R-3,Multi-Family zoning district by a special use permit if certain conditions can be met; and
WHEREAS, on August 15, 2018, the Fridley Planning Commission held a public hearing to
consider a request by Watermark Enhanced Care Suites of Fridley on behalf of Plaza One Properties
LLC and Max Aymar, the properties owners of 5320 and 5326 4th Street NE in Fridley, legally
described in Exhibit A, for a Special Use Permit SP #18-03 to allow the construction of a building
addition to be used for an assisted living and transitional care facility; and
WHEREAS, at the August 15,2018 meeting, the Planning Commission unanimously recommended
approval of Special Use Permit, SP#18-03; and
WHEREAS, on September 10, 2018,the Fridley City Council approved the stipulations represented
in Exhibit B to this resolution as the conditions approved by the City Council on Special Use Permit
SP#18-03; and
WHEREAS, the petitioner, Watermark Enhanced Care Suites of Fridley, was presented with
Exhibit B,the stipulations for SP#18-03, at the September 10,2018 City Council meeting; and
WHEREAS, Section 205.05.5.G of the Fridley City Code states that this special use permit will
become null and void one year after the City Council approval date if work has not commenced or if
the petitioner has not petitioned the City Council for an extension;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special
Use Permit SP #18-03 and stipulations represented in Exhibit B are hereby adopted by the City
Council of the City of Fridley.
PASSED AND ADOP IED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10t
DAY OF SEPTEMBER, 2018.
SCOTT LUND—MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
24
EXHIBIT A
SP#18-03 Special Use Permit
Watermark Enhanced Care Suites of Fridley, LLC
5320 and 5326 4th Street NE, Fridley,MN
Legal Descriptions:
5320 4th Street:
Lots 10 and 11, Block 13, Hamilton's Addition to Mechanicsville, according to the recorded plat
thereof, Anoka Co.
5326 4th Street:
Lot 9 and the S '/2 of Lot 8, Block 13, Hamilton's Addition to Mechanicsville, according to the
recorded plat thereof, Anoka Co.
25
EXHIBIT B
SP#18-03 Special Use Permit
Watermark Enhanced Care Suites of Fridley, LLC
5320 and 5326 4th Street NE, Fridley,MN
Stipulations:
1. The petitioner shall obtain a demolition permit prior to removal of the existing building on
the properties located at 5320 and 5326 4th Street.
2. The petitioner shall obtain all necessary permits prior to construction of the addition and the
modification of the existing garage space.
3. The petitioner shall meet all building, fire, and ADA requirements for the addition.
4. The petitioner shall complete and file a lot combination application to add the parcels at 5320
and 5326 4th Street to the existing parcel addressed as 5300 4th Street.
5. City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of
building permit.
7. If the transitional care/assisted living use changes, the special use permit shall be further
reviewed by the City Council at the owner's expense.
8. If on-street parking becomes evident as a result of this use, the special use permit and options
for additional parking shall be further reviewed by the City Council at the owner's expense.
9. All employee parking shall be on-site, no employee parking shall occur on the street.
10. The enclosed parking area in the existing building shall not be converted to livable space
until the parking area is constructed for the addition.
11. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void
one year after the City Council approval date if work has not commenced or if the Petitioner
has not petitioned the City Council for an extension.
26
AGENDA ITEM
°f CITY COUNCIL MEETING OF
Fridley
September 10, 2018
To: Walter T. Wysopal, City Manager
Mayor and City Council
From: Daniel Tienter, Director of Finance/City Treasurer
Date: September 10, 2018
Re: Procurement Policy Amendment
On January 8, 2018, the City Council (Council) adopted the City of Fridley (City) Procurement
Policy (Resolution No. 2018-03) to establish procurement procedures consistent with applicable
rules and regulations, such as previous Council actions, certain sections of the City Charter, specific
Minnesota Statutes and various Federal requirements. Generally, the Procurement Policy provides
for the proper stewardship of public monies throughout the purchasing process.
On April 26, 2018, the State of Minnesota (State) amended the estimated cost thresholds in the
Uniform Municipal Contracting Law (Law), which generally controls the purchasing process for all
political subdivisions (i.e., cities, counties). Specifically, the amended Law increased the threshold
for the use of competitive bidding (i.e., sealed bids) from $100,000 to $175,000 with a
corresponding change in the similar threshold for direct negotiation. Figure No. 1 below outlines
these modifications in greater detail,which took effect on August 1, 2018.
Figure No. 1: Uniform Municipal Contracting Law Changes
Procurement Method Before to August 1, 2018 After August 1, 2018
Open Market $25,000 or less $25,000 or less
Direct Negotiation $25,0001 —$100,000 $25,0001 —$175,000
Competitive Bidding $100,001 or more $175,001 or more
In order to ensure appropriate competition among contractors, and account for the increase in
construction and other costs over time, the State regularly amends the Law; most recently in 2008.
Additionally, the amendment reduces the administrative burden and associated delay of
competitively bidding lower cost projects. Lastly, the City usually amends administrative policies
to reflect external rules and regulations, assuming consistency with the City Charter.
Given these administrative benefits and the past practice of the City, staff recommend the Council
amend the Procurement Policy to reflect the abovementioned thresholds at their Regular Meeting on
September 10, 2018.
27
Financial Impact
Based on a review of the Recommended 2019 —2023 Capital Investment Plan, approximately 17%
of all projects may be effected by the recommended amendment. However, it is important to note
that the City procures many contracts over $100,000 through authorized Cooperative Purchasing
Ventures. Also, apart from the regulations surrounding the purchasing process, the Council reviews
the appropriations for each contract or project as part of the annual budget or other Council actions.
28
RESOLUTION NO.2018 -
A RESOLUTION APPROVING THE CITY OF FRIDLEY PROCUREMENT POLICY
FOR THE CITY AND THE FRIDLEY HOUSING AND REDEVELOPMENT
AUTHORITY
WHEREAS, the City of Fridley recognizes the importance of good stewardship when making
purchases with public funds; and
WHEREAS, a City of Fridley Procurement Policy provides guidelines to direct City and Fridley
Housing and Redevelopment Authority (HRA) staff when making purchases on behalf of the
City; and
WHEREAS, the previous purchasing policy was last updated on January 8, 2018 and revisions
were necessary to conform with Minnesota Statute; and
WHEREAS, the procurement policy shall be in force and effect upon the date of adoption of this
resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley adopts the
City of Fridley Procurement Policy as identified as Exhibit 1 attached.
PASSED AND ADOPTED BY THE CITY COUNCIL ON THIS 10TH DAY OF SEPTEMBER,
2018.
SCOTT J. LUND, MAYOR
ATTEST
DEBRA A. SKOGEN, CITY CLERK
29
Exhibit 1
City of Fridley Procurement Policy
PURPOSE
To Assure that all City expenditures are lawful by satisfying the following:
A. Public Purpose:As good stewards of public funds,City employees must use City funds for public
purpose expenditures.
B. Authority:There must be specific or implied authority for the expenditure in State Statute.
Further,the expenditure must be authorized in accordance with the City's annual budget
process.
C. Procedure:The expenditure must be properly approved by the City Council.
D. This policy supersedes all previous policies and/or memos referencing procurement,travel or
purchasing cards.
OBJECTIVES
This policy has the following objectives:
A. To ensure that taxpayer dollars provide goods and services as economically as possible.
B. To establish uniform purchasing procedures for all City staff and across all departments.
C. To ensure City expenditures are appropriately classified in the City's financial records.
D. To follow Minnesota Statute 471.345 as it relates to the purchase of supplies, materials,
equipment or the rental thereof,or the construction,alteration, repair or maintenance of real
or personal property
DECENTRALIZED PURCHASING
The City of Fridley has a "decentralized" purchasing program where individual departments are
responsible for making their own purchases.There are a few exceptions including the following:
A. Technology(Hardware and Software).Authorized purchasers must consult with the Information
Systems Manager prior to acquiring any hardware and/or software to ensure it is consistent
with the Technology Plan.
B. Vehicles.Authorized purchases must consult with the Fleet Manager prior to acquiring vehicles
and appurtenant equipment to ensure it is consistent with the maintenance resources.
C. Building Maintenance. All building repairs and maintenance should be coordinated with the
Facility Maintenance Division.
D. Other. General office supplies, paper and stationery products,etc.
PURCHASE ORDERS
Purchase orders may be used for any purchase, but requirements for their use are more specifically
outlined in the authorization section of this policy. In instances where purchase orders are used,the
following procedures are set forth:
A. The vendor name, mailing address and contact information is required.
B. A sufficient description and exact quantities of the respective purchase.
C. A calculation of total cost, including applicable tax,shipping and handling charges.
1. In the instance where exact costs are not known,an estimate is acceptable.
2. In the instance where quotes were required,they should be attached.
30
Exhibit 1
D. The source of funding and applicable expenditure code for the respective purchase.
E. The purchase order shall be completed and signed prior to the respective purchase.
A memorandum or electronic correspondence(such as email)that provides the same level of detail as a
purchase order may be substituted in the purchasing process.
UNIFORM MUNICIPAL CONTRACTING LAW
The City will follow procedures as set forth in Minnesota Statute 471.345. Purchases should not be
separated into smaller components in order to eliminate an authorization threshold requirement. Labor
and materials may be separated to properly calculate sales tax.
For the purchase of supplies, materials or equipment estimated to exceed$25,000,the City must
consider the availability, price,and quality of the supplies, materials,or equipment available through the
State of Minnesota's cooperative purchasing venture (CPV) before purchasing through another source.
The finance department will keep a list of all allowable CPV's on file.
Purchasing Guidelines
Purchases up to$1,000
If the amount of the purchase is estimated to be less than$1,000,the purchase does not require
quotations.
Purchases over$1,000 and up to$10,000
If the amount of the purchase is estimated to be between$1,001 and$10,000,the purchase
may be made through a cooperative purchasing agreement with another government entity or
consortium. Quotes are optional and can be made on the open market and verbal. All
quotations obtained should be documented and kept on file for a period of at least one year
after their receipt.
Purchases over$10,000 and up to$25,000
If the amount of the purchase is estimated to be between$10,001 and$25,000,the purchase
may be made either upon quotation or a cooperative purchasing agreement with another
government entity or consortium. If the purchase is made upon quotation it shall be based,so
far as practicable,on at least two quotations of same or similar of comparable quality. All
quotations obtained shall be kept on file for a period of at least one year after their receipt.
Purchases over$25,000 and up to$175,000
If the amount of the purchase is estimated to exceed$25,000 but not to exceed $175,000,the
purchase may be made either upon sealed bids or by direct negotiation, by obtaining two or
more quotations for the purchase when possible, and without advertising for bids. Products or
services quoted shall be the same or similar and of comparable quality from each vendor. The
City must consider the availability, price and quantity of supplies, materials or equipment
available through the state's cooperative purchasing venture before purchasing from another
source.All quotations obtained shall be kept on file for a period of at least one year after their
receipt.
31
Exhibit 1
Purchases over$175,000
If the amount of the purchase is estimated to exceed$175,000, sealed bids shall be
solicited by public notice in the manner and subject to the requirements of the law
governing purchases by the municipality.The City must consider the availability,price
and quality of supplies, materials or equipment available through the state's
cooperative purchasing venture before purchasing from another source. If a cooperative
purchasing agreement is in place, bids are not needed.
Additional Purchasing Guidelines for Federal Grant Programs
For purchases under federal grant programs,two written quotes are needed for purchases greater than
$3,500. Multiple price or rate quotations must be obtained from an adequate number of qualified
sources(2 or more)for purchases greater than the micro-purchase threshold (currently set at$3,500).
(Ref.2 CFR 200.320(b)).
For all contracts for goods or services above the small purchase threshold,the City should document its
review of the excluded parties list(https://www.sam.gov)to ensure that certain parties, suspended
and/or debarred or otherwise excluded or ineligible contractors are not contracted with when using
federal [or state] dollars. [Ref. 2 CFR 200.213] Contractors that apply or bid for an award exceeding
$100,000 must file the certification required by the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352).
All purchases for construction projects using federal dollars in excess of$2,000 are required to follow
the Davis-Bacon Act and related federal regulations concerning labor standards applicable to federally
financed contractors.
To ensure fair and open competition and include affirmative steps to assure that minority businesses,
women's enterprises and other disadvantaged businesses are solicited and used whenever possible per
CFR 200.321
Exceptions
The City may contract for the purchase of supplies, materials,or equipment without regard to the
competitive bidding requirements of this section if the purchase is through the State of Minnesota's
cooperative purchasing venture or a national municipal association's purchasing alliance or cooperative
created by a joint powers agreement that purchases items from more than one source on the basis of
competitive bids or competitive quotations.Other exceptions may include: professional services,
insurance contracts, purchases from other government agencies, real estate,sole source vendors and
others as defined by Minnesota Statute 471.345.
Best Value Alternative. Minnesota Statute 412.311 allows the City to use a "Best Value"alternative
instead of awarding the bid to the lowest responsible bidder. Ask your department manager to contact
the City Attorney if you wish to use the Best Value alternative.
AUTHORIZATION
The City Manager is authorized to make or execute purchase contracts for routine services,equipment,
supplies or commodities as authorized in the City's annual budget. The City Manager may delegate
authority to make purchases and execute documents for purchasing items or services,as long as the
amount involved does not exceed the City Managers Authority.
32
Exhibit 1
The City Manager has delegated authority to the City's department managers. A department manager,
at their discretion, may delegate authority to staff for routine operational purchases.
The following thresholds have been established to provide efficient procedures while still retaining
effective oversight. Please see Appendix C: resolution#17-1994 for a list of payments authorized
without prior council approval.
Purchases up to$25,000
Budgeted: If the purchase is specifically outlined in the department budget,the respective
department manager or their delegated purchaser is authorized to make the purchase,and
purchase orders are not required.
If the purchase is not in the department budget,a purchase order is required,and needs to be
signed by the department manager making the purchase.
If the purchase is not in the department budget and will result in a departmental budget
overage,a purchase order is required, and needs to be signed by the department manager and
the City Manager. The City Manager will provide a budget revision to Council for approval as
part of the budget process.
Purchases over$25,000 and up to$175,000
If the purchase is specifically outlined in the department budget,the respective department
manager or their delegated purchaser is authorized to make the purchase,and purchase orders
are required.
If the purchase is not in the department budget,a purchase order is required,and needs to be
signed by the department manager making the purchase and the City Manager.The City
Manager will provide a budget revision to Council for approval as part of the budget process if
the purchase will result in a budget overage for the department.
Purchases over$175,000
If the purchase is specifically outlined in the department budget and is purchased is made
through a cooperative purchasing agreement a purchase order is required, and needs to be
signed by the department manager making the purchase and the City Manager.
If bids are solicited for goods or services then acceptance of the selected bid must be presented
to and approved by City Council before work commences on the project. Any subsequent
change orders also require Council approval.
ENFORCEMENT
Department managers and all other supervisors are responsible for implementation of the policy.
Employee reimbursement will be required for any purchases not in compliance with this policy. Non-
compliance could result in disciplinary action as outlined in the Employee Handbook.
BILLING
Vendors should invoice the department within the City that has initiated the purchase.Vendors should
not invoice an individual person.
33
Exhibit 1
Invoices may also be emailed to the finance department using email address AP@FridlevMN.gov
PAYMENT PROCEDURES
In accordance with Minnesota Statute 471.425,the City has 35 days from receipt of the invoice to
process payment. If an invoice is incorrect in any way,the City must notify the vendor within ten days of
the date of receipt.
Department managers are responsible for reviewing all aspects of the invoice and verifying the validity
of the expenditure.The department manager is also responsible for providing the budget account
coding so that expenditures are appropriately classified in the City's financial records.The department
manager will authorize the expenditure for payment by including a dated signature.
Invoices and supporting documentation must be forwarded to Accounts Payable in a timely fashion.
Payment requests received by Wednesday morning,will be processed and included in the packet to be
approved at the upcoming City council meeting.
Department managers should notify the Finance Department of any invoices in dispute and the dispute
should be documented on the invoice or with a memorandum accompanying the invoice.
Certain routine transactions as defined by the Finance Director are excluded from department manager
review and approval.Such transactions may include, but are not limited to: payroll,employee benefits,
workers compensation,and liability insurance and utility bills.
All payments shall be summarized within a Claims List that will be presented to the City Council at their
regularly scheduled meetings.The City Council will take action on the Claims List as part of the Consent
Agenda. Once the Claims List has been approved by the City Council,the Finance Department will
release payment to the vendor.
In some instances,payments may need to be released prior to City Council approval.Such instances may
include, but are not limited to: payroll, employee benefits,electronic funds transfer(EFT), construction
permits,to receive early payment discounts or to avoid late penalties.Such payments will be authorized
at the discretion of the Finance Director and will be presented to the City Council within the Claims List
at the next scheduled regular City Council meeting.
PROCUREMENT CARD
See Appendix A
TRAVEL
See Appendix B
EXPENSE REIMBURSEMENT
Employee expense reimbursements(i.e.mileage),are to be submitted on claim voucher forms with
supporting documentation and should be provided to the Finance Department.The procedures set forth
in Appendix B of this policy will be followed for approval and payment.
34
Exhibit 1
CONFLICTS OF INTEREST
Employees are required to provide notice to the Finance Director of any conflicts of interest prior to
entering into transactions on behalf of the City. No employee,officer,or agent may participate in the
selection,award,or administration of a contract supported by a Federal award if he or she has a real or
apparent conflict of interest. Such a conflict of interest would arise when the employee,officer,or
agent,any member of his or her immediately family, his or her partner,or an organization which
employs or is about to employ any of the parties indicated herein, has financial or other interest in or a
tangible personal benefit from a firm considered for a contract(Minnesota Statute 471.87).
ETHICS AND ACCEPTANCE OF GIFTS
The officers,employees,and agents of the City must neither solicit nor accept gratuities,favors,or
anything of monetary value from contractors or parties to subcontracts unless in accordance with
Minnesota Statue 471.87.
EMERGENCY & DISASTER
The City Attorney should be consulted with prior to making a purchase under this section.
Under Minnesota's Emergency Management Act(Minnesota Statute 12.37),the City has the authority to
make purchases or enter into contracts during emergencies without following many of the,otherwise,
normally required procedures.
The Emergency Management Act defines an "emergency" (Minnesota Statute 12.03 sub3)as an
unforeseen combination of circumstances that calls for immediate action to prevent a "disaster"from
developing or occurring.
The Emergency Management Act defines a "disaster" (Minnesota Statute§12.03 sub2)as a situation
that creates an actual or imminent serious threat to the health and safety of persons,or a situation that
has resulted or is likely to result in catastrophic loss to property or the environment,and for which
traditional sources of relief and assistance within the affected are unable to repair or prevent injury or
loss.
In the event of an emergency or disaster,the City Council has granted authority to the City Manager(or
designee)to make the necessary special emergency purchase.At the next regular scheduled City Council
meeting,the City Council will approve the respective purchase and will pass a resolution specifically
referring to the special emergency and declaring the special emergency describing the reasons
necessitating the immediate action for protection of the health,safety or welfare of its citizens.
SOLE SOURCE PURCHASES
Sole source purchases may be made if they comply with at least one of the following:
A. Item or service under patent of copyright held by a single vendor and item or service possesses
or has capabilities critical to use.
B. Item or service possesses a unique function or capability critical in the use of the item or service
and not available from any other sources.
C. The purchase is for equipment associated with use of existing equipment where compatibility is
essential for integrity of results.
35
Exhibit 1
D. The purchase is for replacement parts needed for repair of existing equipment where
compatibility with equipment from the original manufacturer is paramount.
E. The purchase is for accessories sought for enhancement of existing equipment where
compatibility with equipment from the original manufacturer is paramount.
F. The purchase is for technical services associated with the assembly, installation,or servicing of
equipment of a highly technical or specialized nature.
G. Additional item,service,or work required, but not known to have been needed when the
original order was placed with vendor and it is not feasible or practicable to contract separately
for the additional need.
H. The purchase must match the existing piece or brand of equipment and is only available from
one vendor.
Sole source purchases must still follow the purchase process required based on the amount being
purchased. For example, if the purchase is expected to exceed $175,000,a competitive bidding process
must be followed even if the expectation is that only one bid will be received.
36
Exhibit 1
APPENDIX A: PROCURMENT CARD USE POLICY
USE OF PROCUREMENT CARDS
The City has authorized the use of procurement cards(Pcard) under Minnesota Statute§471.382 by City
employees to make purchases on behalf of the City.
AUTHORIZATION
The City of Fridley will provide Pcards to Departments that show a business reason for usage of one.
The Pcard will be issued in the employee's name.
As a delegate of the City Manager, only a department manager may request a Pcard for staff having a
business reason for its usage.
Employees that are not authorized account holders,shall not retain Pcard information or make
purchases using a City issued Pcard without prior approval from an authorized account holder.
The City's Finance Department shall be responsible for the maintenance of the City Pcard, including
account maintenance,setting purchase limits, issuing physical cards,etc.
USERS
All employees authorized to use a City Pcard are required to sign a Pcard user agreement form: City of
Fridley Agreement to Accept the U.S. Bank One which will be retained on file by the Finance
Department.The Pcard user agreement also needs to be signed by the applicable department manager.
The terms of the Pcard user agreement form are considered a part of this policy.
Upon termination of employment with the City,the City issued Pcard must be returned to the City
Accountant on or before the employee's last day of employment.
If Pcard is lost or stolen,the cardholder must contact card member services and cancel the card
immediately.The cardholder must also notify the Assistant Finance Director and/or the City Accountant.
The cardholder issued in one's name must only be used by that individual.The Finance Department
must be notified immediately of any problems, issues or discrepancies an employee has with the use of
the City Pcard.
PURCHASES
Each card holder will be responsible for ensuring that purchases made with their card comply with
Minnesota Statutes,the City's Procurement Policy,and this Pcard Use Policy.
Personal use of the City issued Pcard is prohibited. Purchases that do not comply with City policies,or
that are not approved by the City Council, may become the personal responsibility of the card holder
and/or purchaser. Improper use of the Pcard may result in disciplinary action as outlined in the City's
Personnel Policy.
In any instance where a product or service purchased with a City issued Pcard is returned or canceled
the transaction must be refunded to the Pcard account.
37
Exhibit 1
DOCUMENTATION
The billing statement from the Pcard issuer does not contain sufficient information to document a
purchase made. Appropriate documentation is required for all purchases to verify compliance with this
policy and the City's Purchasing Policy.
A copy of the invoice or receipt for payment must be included to verify the amount charged on the card.
Receipts from vendors that only list the total charged are not considered sufficient documentation. The
receipt must identify all products or services purchased,shipping charges,and sales tax. A printed
confirmation of an internet purchase may be sufficient to comply with this requirement. If an invoice is
not immediately available,the invoice must be forwarded to the Finance department when it becomes
available and additional documentation must accompany the original charge.
The City will not be responsible for interest charges accruing as a result of untimely submission of Pcard
receipts.
Department managers are responsible for reviewing all aspects of the invoice and verifying the validity
of the expenditure.The Department manager is also responsible for providing the budget account
coding so that expenditures are appropriately classified in the City's financial records.The Department
manager will authorize the expenditure for payment by including a date stamp and signature (or
initials).
REVIEW AND PAYMENT
All Pcard statements will be reviewed by the Finance Department for compliance with this policy and to
ensure all charges have been accounted for. Additional documentation may be requested from a card
user to ensure compliance with this policy and the City's Purchasing Policy.
The City will not use the Pcard account for carrying debt, and payment of the entire outstanding balance
of City issued Pcards will typically be made through the City's normal vendor payment process.The
Finance Director reserves the right to pay the Pcard bill outside the normal vendor payment process if
necessary to avoid finance charges.
CASH WITHDRAWALS
No employee of the City shall use the City Pcard to access an ATM for cash withdrawals.
VENDOR CHARGE ACCOUNTS
The City has established charge accounts with a handful of vendors to expedite the purchasing process
with those respective vendors.These accounts may or may-not have physical cards accompanying them.
All sections of this policy are also attributable to the respective vendor charge accounts.
If an account has been established with a vendor,all purchases should be made through that process,
unless extenuating circumstances exist.
38
Exhibit 1
APPENDIX B: TRAVEL POLICY
The following are travel policies for all City employees as referenced in the employee handbook.
AUTHORIZATION
All travel must be included in the approved budget.
All travel must be approved prior to any travel commitments being made or before travel expenses are
incurred. Each department manager will have the responsibility of approving any work related trips
taken by employees in their department.The City Manager will approve all department manager's
travel.This includes approving the actual trip and approval of all reimbursements.
TRAVEL ARRANGEMENTS
Employees must travel using the most cost resourceful mode of transportation available.All travel
should utilize the most efficient travel route at the lowest fare available.The department of the
employee will make all arrangements for travel out of state whenever practical. If travel is pre-
approved,an employee may make their own travel arrangements,though receipts must be submitted in
order to receive reimbursement.
Travel on behalf of the City of Fridley in a personal vehicle will be reimbursed at the current mileage
reimbursement rate as determined by the Internal Revenue Service.This mileage form can be found on
SharePoint. Usage of City vehicles is encouraged when possible. Employees will be reimbursed for the
cost of parking their vehicle when necessary with a valid receipt.
The responsible department will make all arrangements for overnight lodging whenever possible.The
Pcard for Fridley is the preferred method of payment.When making their own arrangements,
employees will provide information showing the lodging rates available. Distance from employee
lodgings will be considered in order to minimize transportation costs. Employees will retain payment
receipts to submit to their department supervisor for reimbursement.
MEALS AND INCIDENTALS
For same-day training or business meetings, meals will be reimbursed for the actual amount spent and
will require an itemized receipt. City Purchase Card is encouraged to be used when possible.
For training or business trips that are longer than one-day, meals and incidentals will be reimbursed
using the current U.S.General Services Administration (GSA) per diem rate for destination city.
Complimentary meals provided to employees are excluded from per diem reimbursement.The first and
final days of travel meals and other expenses for trips lasting multiple days will be reimbursed at 75%of
the GSA meals and incidentals per diem rate.Current rates for the City you are traveling to can be found
as www.gsa.gov/travel. Employees should retain receipts in case any expenses require verification.
Alcoholic beverages are not reimbursable and are not allowed to be purchased on a City
Purchasing Card.
39
Exhibit 1
REIMBURSEMENT
A travel conference expense voucher should be filled out for any travel expenses in addition to mileage.
This form can be found on SharePoint under Finance. If the travel only involves mileage reimbursement;
you would only need to fill out the mileage reimbursement form which can also be found on SharePoint.
For further instructions on requesting travel reimbursements please contact accounts payable at
AP@FridleyMN.gov.
40
Exhibit 1
APPENDIX C- RESOLUTION NO. 17-1994
A RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS
WITHOUT PRIOR COUNCIL APPROVAL
WHEREAS,Section 7.11 of the City Charter provides that the Council may by resolution or motion
provide for the regular payment without specific individual authorization by the Council of salaries and
wages of regular employees or laborers,and fixed charges which have previously duly and regularly
incurred; and
WHEREAS,the Council has adopted a written policy regarding the payment of claims;and
WHEREAS,the Council deems it necessary to update this policy.
NOW,THERFORE IT BE RESOLVED,that the City Treasurer is hereby authorized to issue checks for the
following types of claims without prior Council approval:
(a) Salaries of regular employees
(b) Overtime of regular employees if approved by the affected Department Head
(c) Salaries of temporary employees, providing the time sheet has been approved by the
Department Head
(d) Utility Bills and discount invoices
(e) Payment to the City(one fund to another fund)
(f) Petty cash items up to$15
(g) Petty cash items up to$25 if approved by the affected Department Head and the City
Treasurer
(h) Flat rate monthly auto allowance
(i) Postage, postage due or C.O.D. items
(j) Advances to employees for up to 75%of the cost of attending out of town conferences not
to exceed$500
(k) Registration and other expenses for local conferences, limited to$75
(I) Reimbursement to employees for costs incurred while attending local conferences or
meetings,such payment limited to$15
(m) Reimbursement to an employee for clothing allowance
(n) Claims approved by Council as a separate agenda item (i.e.estimates)
(o) Fixed charges which have been previously incurred such as rent payments,payments on
bonds and contracts for deeds
(p) Investments
(q) Payroll taxes other liabilities withheld from employees'wages and the corresponding City
paid benefits
(r) Contracted Building Inspectors who have signed a contract with the City of Fridley
(s) Softball, basketball and other sporting officials contracted by the Recreation Department
(t) Refunds of deposits being held by the City of Fridley
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF FEBRUARY,
1994.
41
Fridley AGENDA ITEM
fily
COUNCIL MEETING OF SEPTEMBER 10, 2018
CLAIMS
CLAIMS
182146 - 182307
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63
MI AGENDA ITEM
`i'°J CITY COUNCIL MEETING OF
Fridley
September 10, 2018
To: Walter T. Wysopal, City Manager
Mayor and City Council
From: Daniel Tienter, Director of Finance/City Treasurer
Date: September 10, 2018
Re: Consider adoption of a resolution approving a housing program to finance a
multifamily housing project, and approving the issuance and sale of multifamily
housing revenue bonds.
In March, the City of Fridley (City) received a proposal from Fridley Lease Housing Associates I,
LLLP (FLHA), in partnership with Fridley Leased Housing Associates I, LLC (Dominium), for
assistance in the acquisition and rehabilitation of Village Green Apartments (Village Green) located
at 460 Mississippi Street Northeast. Specifically, FLHA requested the issuance of a $22,500,000
Housing Facility Revenue Bond (Bond) by the City to support various improvements to Village
Green. These revenue bonds would be issued as Private Activity Bonds, also known as Conduit
Bonds or Debt.
As the name suggests,this type of debt obligation, issued through the City as a revenue note,benefits
the activities of private entities. In exchange for the favorable tax treatment typical to municipal
bonds, the private entity agrees to 1) construct a project of public benefit and 2) service the debt by
pledging revenues generated by the project; in this a case rental housing facility. As such,these types
of bonds do not constitute a debt of the City,which has little to no involvement with the debt service
following issuance. These activities are typically handled by a third—party,known as a Bond Trustee.
Typically,the City receives similar requests from non—profit organizations,or for—profit corporations
for housing projects. As a general rule, Conduit Debt issues are limited to $10,000,000 per year with
limited exceptions, such as qualified affordable housing projects. Since the Project proposed by
FLHA meets the requirements for this exception, the limit does not apply. Apart from the financial
instrument and associated documents, staff also reviewed the preliminary renovation plans and
schedule for Village Green,including recommendations to correct site drainage and other storm water
issues, which Dominium remains open to addressing as part of the improvements.
On April 9, 2018, the City Council (Council) provided preliminary approval for the project by
indicating the intent of the City to provide Conduit Bond and calling for a public hearing(Resolution
No. 2018-16). On July 31, 2018, Dominium requested an increase in the Bond to an amount not to
64
exceed $27,000,000 based on changes in the project, including collateral from the Federal National
Mortgage Association (Fannie Mae). In response to this request, the Council rescinded the previous
resolution and provided preliminary approval for the revised Bond amount (Resolution No. 2018-
40). Consistent with this action, staff,with the assistance of the Bond Counsel,published a notice for
a public hearing to be held on September 10,2018.
The attached resolution, as prepared by the Bond Counsel, provides for the approval of the
Multifamily Rental Housing Program as well as the various Bond documents, which are available
upon request, and authorizes the issuance of the Bond in an amount not to exceed $27,000,000. At
present,the Preliminary Official Statement calls for a total of$26,077,000 of Conduit Bonds.
Financial Impact
As mentioned above, Conduit Debt does not constitute a debt of the City. Therefore,it does not create
any immediate or long—term finance obligations for the organization. Additionally, Dominium and
its partners will reimburse the City for any costs associated with the issuance process and pay an
administrative fee of 50 basis point against the value of the Bond. For this particular Bond issue,the
fee will be up to $135,000.
Recommendation
Following the public hearing, staff recommend the Council adopt a resolution approving a housing
program to finance a multifamily housing project, and approving the issuance and sale of multifamily
housing revenue bonds for the Village Green Project.
65
Extract of Minutes of a Meeting of the
City Council of the
City of Fridley, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Fridley, Minnesota, was duly held at the City Hall in said City on Monday, the 10th day of
September, 2018, at 7:00 p.m.
The following members were present:
and the following were absent:
Member introduced the following resolution and moved its adoption:
RESOLUTION NO. 18—
APPROVING A HOUSING PROGRAM TO FINANCE A MULTIFAMILY HOUSING
PROJECT AND APPROVING ISSUANCE AND SALE OF
MULTIFAMILY HOUSING REVENUE BONDS
(VILLAGE GREEN APARTMENTS PROJECT), SERIES 2018
PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C
The motion for the adoption of the foregoing resolution was duly seconded by member
, and after full discussion thereof and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
11005518v2 66
RESOLUTION NO. 18—
APPROVING A HOUSING PROGRAM TO FINANCE A MULTIFAMILY HOUSING
PROJECT AND APPROVING ISSUANCE AND SALE OF
MULTIFAMILY HOUSING REVENUE BONDS
(VILLAGE GREEN APARTMENTS PROJECT), SERIES 2018
PURSUANT TO MINNESOTA STATUTES,CHAPTER 462C
WHEREAS,
A. The City of Fridley, Minnesota (the "Issuer") is authorized pursuant to
Minnesota Statutes, Chapter 462C, as amended (the "Act") to finance or refinance the
making or purchasing of loans with respect to multifamily housing developments within
the boundaries of the City of Fridley, Minnesota (the "City") through the issuance of
revenue obligations;
B. Pursuant to the Act, the full faith and credit of the Issuer will not be
pledged to the payment of the principal of, premium, if any, and interest on the Bonds (as
defined below);
C. The Issuer has received a proposal from Fridley Leased Housing
Associates I, LLLP, a Minnesota limited liability limited partnership (the "Borrower"),
that the Issuer undertake a program to finance the Project hereinafter described through
the issuance of its revenue obligations in the aggregate principal amount of up to
$27,000,000 to finance the acquisition and rehabilitation of an approximately 196-unit
multifamily housing facility and related facilities for low- and moderate-income
households, including a portion that will be restricted to elderly heads of household,
located at 460 Mississippi Street NE in the City of Fridley, Minnesota (the "City") (the
"Project"). The Project will be owned and operated by the Borrower; and
D. A public hearing on the Project and the housing finance program was held
this same date, after notice was published in the official newspaper of the Issuer not less
than 15 days in advance of said public hearing, and materials were made available for
public inspection at the City Hall, all as required by the Act and Section 147(f) of the
Internal Revenue Code of 1986, as amended (the "Code"), at which public hearing all
those appearing who desired to speak were heard and written comments were accepted;
and
E. Pursuant to Section 462C.04 of the Act, the Issuer made timely
submission of the housing finance program to the Metropolitan Council for its review and
comment, and the Issuer has heretofore received favorable comment from the
Metropolitan Council on such program; and
F. No public official of the Issuer has either a direct or indirect financial
interest in the Project nor will any public official either directly or indirectly benefit
financially from the Project.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley,
Minnesota as follows:
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1100551sv2
67
1. The Borrower has proposed that the Issuer issue and sell its Multifamily Housing
Revenue Bonds (Village Green Apartments Project), Series 2018, which may be in one or more
series and either as Bonds or bonds (the "Bonds") in an amount not to exceed $27,000,000 to
finance the costs of the Project, in accordance with an Indenture of Trust (the "Indenture")
between the Issuer and U.S. Bank National Association(the "Trustee").
2. Pursuant to the terms of a Financing Agreement anticipated to be dated as of
September 1, 2018 (the "Financing Agreement"), executed by the Issuer, the Trustee, Dougherty
Mortgage LLC (the "Lender"), and the Borrower, the Issuer will loan the proceeds of the Bonds
(the "Mortgage Loan") to the Borrower to finance the Project. The Borrower has agreed,
pursuant to a Regulatory Agreement anticipated to be dated as of September 1, 2018, by and
between the Issuer, the Borrower, and the Trustee (the "Regulatory Agreement") to operate the
Project as a "residential rental project" under Section 142(d) of the Internal Revenue Code of
1986, as amended.
3. The Borrower's repayment obligations on the Mortgage Loan will be evidenced
by a Multifamily Note (the "Mortgage Note") delivered by the Borrower to the Issuer and
endorsed by the Issuer to the Lender, and a Multifamily Loan and Security Agreement (Non-
Recourse) (the "Loan Agreement") between the Borrower and the Issuer and assigned by the
Issuer to the Lender.
4. The Bonds will be secured by, among other things, a Multifamily Mortgage,
Assignment of Leases and Rents, Security Agreement, and Fixture Filing Statement anticipated
to be dated as of September 1, 2018, executed by the Borrower in favor of the Issuer and
assigned by the Issuer to the Lender pursuant to an Assignment of Mortgage anticipated to be
dated as of September 1, 2018 (the "Assignment of Mortgage"). The Borrower and related
parties will also provide additional collateral and guaranties to secure the Bonds.
5. The Bonds will be purchased pursuant to the terms and conditions of a Bond
Purchase Agreement between the Issuer, Dougherty & Company, LLC (the "Underwriter"), and
the Borrower(the "Bond Purchase Agreement").
6. The Bonds shall be marketed pursuant to a Preliminary Official Statement (the
"Preliminary Official Statement")used by the Underwriter.
7. Forms of the following documents have been submitted to the City Council:
(a) Indenture;
(b) Financing Agreement;
(c) Regulatory Agreement;
(d) Mortgage Note;
(e) Loan Agreement;
(f) Assignment of Mortgage; and
3
11005518v2
68
(g) Bond Purchase Agreement.
The foregoing documents are hereafter referred to as the "Bond Documents."
8. It is hereby found, determined, and declared that:
(a) the issuance and sale of the Bonds, the execution and delivery by the
Issuer of the Bond Documents and the performance of all covenants and agreements of the Issuer
contained in the Bond Documents and of all other acts and things required under the constitution
and laws of the State of Minnesota to make the Bond Documents and the Bonds valid and
binding obligations of the Issuer in accordance with their terms, are authorized by the Act;
(b) it is desirable that the Bonds be issued by the Issuer upon the terms set
forth in the Indenture;
(c) the basic payments under the Financing Agreement are fixed to produce
revenue sufficient to provide for the prompt payment of principal of, premium, if any, and
interest on the Bonds issued under the Indenture when due, and the Indenture, Mortgage, and
Financing Agreement also provide that the Borrower is required to pay all expenses of the
operation and maintenance of the Project, including, but without limitation, adequate insurance
thereon and insurance against all liability for injury to persons or property arising from the
operation thereof, and all taxes and special assessments levied upon or with respect to the Project
premises and payable during the term of the Indenture and Financing Agreement;
(d) under the provisions of Minnesota Statutes, Chapter 462C and as provided
in the Indenture and Financing Agreement, the Bonds are not to be payable from or charged
upon any funds other than the revenue pledged to the payment thereof; the Issuer is not subject to
any liability thereon; no holder of the Bonds shall ever have the right to compel any exercise by
the Issuer of its taxing powers to pay the Bonds or the interest or premiums thereon, or to enforce
payment thereof against any property of the Issuer except the interests of the Issuer in the
Financing Agreement which have been assigned to the Trustee under the Indenture; the Bonds
shall not constitute a charge, lien, or encumbrance, legal or equitable upon any property of the
Issuer except the interests of the Issuer in the Financing Agreement which have been assigned to
the Trustee under the Indenture; the Bonds shall recite that the Bonds is issued without moral
obligation on the part of the state or its political subdivisions, and that the Bonds, including
interest thereon, is payable solely from the revenues pledged to the payment thereof; and, the
Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or
statutory limitation.
9. The forms of the Bond Documents and exhibits thereto are approved substantially
in the form submitted. The Bond Documents, in substantially the forms submitted, are directed
to be executed in the name on behalf of the Issuer by the Mayor and City Manager. Any other
documents and certificates necessary to the transaction described above shall be executed by the
appropriate Issuer officers. Copies of all of the documents necessary to the transaction herein
described shall be delivered, filed and recorded as provided herein and in the Bond Documents.
10. The Issuer shall proceed forthwith to issue the Bonds, in the form and upon the
terms set forth in the Indenture and at a net interest rate not to exceed 6.0% per annum. The
4
11005518v2
69
Bonds will be purchased on substantially the terms set forth in the Bond Purchase Agreement,
the Indenture, and the Financing Agreement which have been submitted to the Issuer in
connection with this Resolution. The Mayor and City Manager are authorized and directed to
prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee
for authentication and delivery to the Underwriter.
11. The Mayor and City Manager and other officers of the Issuer are authorized and
directed to prepare and furnish to the Underwriter certified copies of all proceedings and records
of the Issuer relating to the Bonds, and such other affidavits and certificates as may be required
to show the facts relating to the legality of the Bonds as such facts appear from the books and
records in the officers' custody and control or as otherwise known to them; and all such certified
copies, certificates and affidavits, including any heretofore furnished, shall constitute
representations of the Issuer as to the truth of all statements contained herein.
12. The approval hereby given to the various documents referred to above includes
approval of such additional details therein as may be necessary and appropriate and such
modifications thereof, deletions therefrom and additions thereto as may be necessary and
appropriate and approved by the City Attorney and the Issuer officials authorized herein to
execute said documents prior to their execution; and said Issuer officials are hereby authorized to
approve said changes on behalf of the Issuer. The execution of any instrument by the
appropriate official or officials herein authorized shall be conclusive evidence of the approval of
such documents in accordance with the terms hereof.
13. The approval hereby given to the Bond Documents and the various other
documents referred to in paragraph 7 above includes approval of (a) such additional details
therein as may be necessary and appropriate and such modifications thereof, deletions therefrom
and additions thereto as may be necessary and appropriate and approved by Bond Counsel, the
City Attorney and the Issuer officials authorized herein to execute said documents prior to their
execution and (b) such additional documents, agreements or certificates as may be necessary and
appropriate in connection with the Bond Documents and with the issuance and sale of the Bonds
and approved by Bond Counsel, the City Attorney and Issuer officials authorized herein to
execute said documents prior to their execution; and said City Attorney and Issuer officials are
hereby authorized to approve said changes or additional documents, agreements or certificates on
behalf of the Issuer. The execution of any instrument by the appropriate officer or officers of the
Issuer herein authorized shall be conclusive evidence of the approval of such documents in
accordance with the terms thereof and hereof. In the absence (or inability) of the Mayor or the
City Manager, any of the documents authorized by this resolution to be executed by them may be
executed by the Acting Mayor or the Acting City Manager.
14. The Issuer has been presented with a draft of the Official Statement (in the form
of the Preliminary Official Statement), which is to be completed and dated on or about the date
of the delivery of and payment for the Bonds. The Issuer hereby consents to the presentation of
information relating to the Issuer in the Official Statement under the captions "The Issuer" and
"No Litigation—The Issuer." The Issuer hereby finds that the information regarding the Issuer in
the sections of the Official Statement captioned "The Issuer" and "No Litigation—The Issuer" is
true and correct; and the Issuer hereby ratifies, confirms and consents to the use of such sections
in the Official Statement in connection with the sale of the Bonds. The Issuer has not prepared
5
ll005518v2
70
nor made any independent investigation of the information contained in the Official Statement
other than information regarding the Issuer in the sections therein captioned "The Issuer" and
"No Litigation—The Issuer" and the Issuer takes no responsibility for such information. Subject
to the statements above in this paragraph, the Issuer approves the form of the Official Statement
and authorizes its use in connection with the sale of the Bonds.
15. The housing program in substantially the form attached hereto as Exhibit A is
hereby approved.
Adopted by the City Council of the City of Fridley, Minnesota this 10th day of
September, 2018.
Mayor
ATTEST:
City Clerk
6
110055182
71
EXHIBIT A
MULTI-FAMILY RENTAL HOUSING PROGRAM OF THE
CITY OF FRIDLEY, MINNESOTA
FOR
VILLAGE GREEN APARTMENTS PROJECT
September 10, 2018
Proposal; Authority. The City of Fridley, Minnesota (the "City"), at the request of the
Borrower (defined below), proposes to issue revenue bonds, in one or more series, to assist in
financing the acquisition and rehabilitation of a multi-family rental housing project described
herein (this "Program") pursuant to applicable authority conferred upon the City by the laws of
the State of Minnesota, including without limitation Minnesota Statutes, Chapter 462C, as the
same may be amended from time to time(collectively, the "Act").
Purposes. In creating this Program, the City is acting in furtherance of its findings that
the preservation of the quality of life in the City is in part dependent upon the maintenance and
provision of adequate, decent, safe, sanitary, and affordable housing stock; that accomplishing
the goals of this Program is a public purpose and will benefit the residents of the City; that the
need exists within the City to provide for the maintenance of affordable rental housing to and for
the benefit of persons of low and moderate income and their families and senior heads of
household residing and expected to reside within the City; that there exist or are expected to exist
persons and families within the City who are and will be able to benefit from and are in need of
the Program; that the Program is necessary in view of the limited resources that may be available
to such persons relative to the expenses involved in accomplishing the type of objectives outlined
in this Program in the absence of one or more of the forms of assistance described herein or
otherwise available pursuant to the Act; and that the City hereby finds that such forms of
assistance are often necessary for the benefit of such persons, families, and goals and that,
furthermore, the successful implementation of the objectives of the kind described in this
Program has been found to provide impetus for the development of other housing in the City, as
well as the general development of the City, by other persons who are not the beneficiaries of
such governmentally sponsored or assisted activities.
Rental Housing Purposes. More particularly, the City finds that there exists a need for
affordable multi-family rental housing for qualifying individuals, families, and seniors, which
need is not being filled by private enterprise alone due to a variety of factors, including that the
cost of new construction of multi-family rental units may in many cases prove economically
unfeasible, given the high costs of construction and prevailing area rental levels, and that
therefore appropriate levels of public assistance may be helpful and necessary in bridging that
gap.
General Description of the Program. This Program consists of the financing of the
acquisition and rehabilitation of an existing 156,540 square-foot rentable apartment community
that will consist of an approximately 196-unit multifamily rental housing facility for low- and
moderate-income households, including a portion that will be restricted to elderly heads of
A-1
11005518v2 72
household (the "Project"). The initial owner of the Project pursuant to the financing will be
Fridley Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership,
with Fridley Leased Housing Associates I, LLC, a Minnesota limited liability company as the
general partner(the "Borrower").
Location. This Program is limited to the Project. The Project is located at 460
Mississippi Street NE in Fridley,Minnesota.
Units. The Project is currently anticipated to consist of the following units:
Units Number of Square Footage Per Estimated Initial
Units Unit Rents Per Unit
1 BR/1 BA Senior 101 616 $1,100
2 BR/1 BA Senior 2 957 $1,325
1 BR/ 1 BA Family 41 620 $950
2 BR/ 1 BA Family 19 1,170 $1,350
2 BR/ 1 BA Family 20 1,292 $1,350
3 BR/2 BA Family 12 1,525 $1,400
1 BR/ 1 BA (Non-Section 8) 1 620 $979
Revenue Bonds. The amount of revenue bonds required to finance this Program will not
exceed $27,000,000. The City preliminarily intends to finance the Program by issuing bonds, in
one or more series. The proceeds will finance the acquisition and construction of the Project and
pay costs of issuing the bonds. The revenue bonds are expected to be issued in 2018, subject to
final Council approval in its sole and absolute discretion.
Monitoring. The City expects to enter into suitable agreements with the Borrower, the
purchaser of the bonds and/or others respecting the monitoring or implementation by participants
to ensure that the Project will be consistent with this housing Program and its objectives, which
for this purpose means providing affordable rental housing.
Meeting Needs; Methods. The Program will meet the need for rental housing for persons
and families of low and moderate incomes, including elderly persons, by providing units at an
affordable rent. The City believes that this Program will help meet the identified needs under
this Program. The specific methods anticipated to be used include the issuance of revenue bonds
under the Act to provide feasible financing for various aspects of the Program so undertaken.
Authorization. The Program is undertaken pursuant to Minnesota Statutes, Section
462C.05, for units affordable to persons and families of low and moderate income. A specific
portion of the Program will be restricted to elderly heads of household, pursuant to Minnesota
Statutes, Section 462C.05, Subdivision 4.
Limits on Gross Income. In connection with the issuance of the Bonds, the Borrower
will be required to agree to limit the gross income of occupants of the Project in accordance with
A-2
110055182
73
the requirements of Minnesota Statutes, Chapter 462C, and with the requirements relating to tax-
exempt bonds for qualified residential rental projects.
Adopted and approved on September 10, 2018,by the City Council of the City of Fridley,
Minnesota.
A-3
11005518v2 74
STATE OF MINNESOTA )
COUNTY OF ANOKA )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Fridley,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council of said City duly called and
held on the date therein indicated, insofar as such minutes relate to giving approval on a
proposed multifamily housing revenue bonds issue.
WITNESS my hand this day of September, 2018.
City Clerk
A-4
11005518v2
75
BOND PURCHASE AGREEMENT
$25,910,000
City of Fridley,Minnesota
Multifamily Housing Revenue Bonds
(Village Green Apartments Project) Series 2018
_,2018
City of Fridley,Minnesota
6431 University Avenue N.E.
Fridley,Minnesota 55432
Fridley Leased Housing Associates I,LLLP
c/o Dominium Development&Acquisition,LLC
2905 Northwest Boulevard,Suite 150
Plymouth,Minnesota 55441-7400
Ladies and Gentlemen:
Dougherty & Company LLC (the "Underwriter"), on its own behalf and not as your fiduciary,
hereby offers to enter into this Bond Purchase Agreement (this "Bond Purchase Agreement") with the
City of Fridley, Minnesota, a municipal corporation and political subdivision pursuant to the laws of the
State of Minnesota (the "Issuer") and Fridley Leased Housing Associates I, LLLP, a Minnesota limited
liability limited partnership (the "Borrower"). This offer is made subject to the Issuer's and the
Borrower's acceptance on or before 10:00 a.m., Eastern Time, of the date hereof, and, upon such
acceptance, this Bond Purchase Agreement shall be in full force and effect in accordance with its terms
and shall be binding upon the Issuer, the Borrower and the Underwriter, all as of 12:30 p.m., Eastern
Time, on the date hereof.
The Issuer is authorized to issue the above-captioned bonds(the"Bonds")pursuant to Minnesota
Statutes, Chapter 462C, as the same may be amended from time to time (the "Act") and pursuant to the
Bond Resolution. The Bonds shall be as described in and shall be issued pursuant to an Indenture of
Trust, dated as of September 1,2018(the"Indenture"),by and between the Issuer and U.S.Bank National
Association, as trustee (the "Trustee"). Capitalized terms used herein but not defined herein shall have
the meanings assigned thereto in the Indenture.
The Bonds are being issued for the purpose of funding a mortgage loan (the "Mortgage Loan")
for the benefit of the Borrower pursuant to a Financing Agreement dated as of September 1,2018,by and
among the Issuer, the Trustee, Dougherty Mortgage LLC, a Delaware limited liability company (the
"Lender")and the Borrower(the"Financing Agreement")to provide for the financing of a portion of the
costs of acquisition, renovation and equipping of a 196-unit multifamily rental housing development
known as Village Green Apartments, and located in the City of Fridley, Anoka County, Minnesota (the
"Project").
The Project is required to be operated in compliance with a Regulatory Agreement, dated as of
the date of the Indenture(the"Land Use Restriction Agreement"),among the Issuer,the Borrower and the
Trustee.
The Bonds will initially be collateralized by(i) the deposit into the Collateral Security Principal
Account of the Collateral Security Fund under the Indenture of the proceeds received from the assignment
76
[Issuer's Signature Page to the Village Green Bond Purchase Agreement]
CITY OF FRIDLEY,MINNESOTA
By:
Name: Scott Lund
Title: Mayor
By:
Name: Walter T.Wysopal
Title: City Manager
77
AGENDA ITEM
°f CITY COUNCIL MEETING OF
Fridley
SEPTEMBER 10, 2018
Date: August 3l,2018
To: Walter T. Wysopal, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg,Planner
Subject: Continued Public Hearing Regarding Revocation of SP#07-01 for Sam's Auto Parts
Background
This is the third continuance of a City Council public hearing that originated on June 11, 2018,regarding a
special use permit issued in 2007 to Sam's Auto Parts.The Special Use Permit(SUP)was to allow an
automobile recycling/junkyard use on four lots at the corner of Central and 73rd Avenues. In 2007,the
business was given four years to complete several stipulations to be in compliance with Zoning Code
requirements.After numerous negotiations and extensions, staff brought the unresolved situation before
Council,recommending revocation of the special use permit.
At the time of the July 23,2018 City Council meeting,the most recent hearing where City Council discussed
this matter,the business owner did not have the storm water pond or parking area on site complete. The
owner had hired the engineering firm of Carlson McCain,to help them navigate the storm water pond lining
process. The firm had begun their design work to be able to update their permit. The design work and two
acceptable options were completed by the engineering firm. To date,not all is known regarding the final
sign-offs, or even the disposition of the watershed permit. In light of the fact that all the necessary permit
sign-offs still may not be in place on Monday, staff cannot be certain that all improvements will be fully
completed by the prescribed September 10, 2018 deadline.
Pat Hoosline has been the spokesman for Barry Hoosline, his brother who has been seriously ill and is the
owner of Sam's Auto Recycling.As such, Pat has assured us the liner has been installed in accordance with
Carlson McCain's prescribed engineering.He indicated that they video-taped every aspect of the installation
and indicated that by necessity,they installed the pond liner while they had access to the necessary
excavation equipment, which was available to them for a short term. They indicated that they knew that in
the presence of the available excavation equipment, but absence of an on-site inspector, a detailed video
would be essential to prove the work was done in accordance with the prescribed engineering plan. Carlson
McCain has agreed to watch the videos and provide our staff the feedback they can from that viewing.
To be in compliance with all stipulations of the permit,the new customer entrance off of 73'Avenue also
was to be completed and ready for use. This parking was designed and will serve to satisfy their off-street
employee and customer parking needs, if striped and used as intended. Pat Hoosline indicated that a new
screening/privacy fence, inside the privacy fence is being constructed and will be completed by September
78
10,2018. This installation is intended to block view of any parts storage or vehicle recycling operations,
from 73rd Avenue. They further indicated that the parking lot will be ready to use as intended by the time of
the September 10,2018 meeting.
Recommendation
Staff recommends that the City Council open the continued public hearing on September 10,2018 as
scheduled to allow the business and land owners opportunity to explain their position and progress and
hopefully their description of the completed project.This will also allow time for additional public input and
Council deliberation. Further, staff recommends not granting any further extensions if any required work as
described herein has been left incomplete by the time of the hearing. Finally, staff recommends proceeding
with revocation at this time if all work has not proven to be done to a satisfactory standard. By approving the
attached resolution Council would thereby be revoking SF#07-01 and also setting in motion a prescribed
timeline for vacation of said use on the property.
79
RESOLUTION NO.2018-
A RESOLUTION REVOKING SP#07-01 PERMITTING AN AUTO RECYCLING CENTER
USE AT SAM'S AUTO PARTS,GENERALLY LOCATED AT 1230-73RD AVE NE, 1240-73 '/2
AVE NE,AND 7340 CENTRAL AVE NE
WHEREAS,on June 11, 2007,the Fridley City Council granted special use permit SP#07-01 to Sam's
Auto Parts,generally located at 1230-73rd Avenue NE, 1240-73 '/z Avenue NE, and 7340 Central Avenue
NE and legally described as Lots 16, 17, and 18, Block 2,Central View Manor,to allow an automotive
recycling center(junkyard)use in a M-1 zoning district with six stipulations; and
WHEREAS,the fourth stipulation of SP#07-01 stated that by October 15, 2009,the petitioner was to
have the storm water ponding improvements installed; and
WHEREAS,the owner of Sam's Auto Parts has failed to meet repeated extensions offered by the City
for completion of stipulation four and five associated with the 2007 permit issued by the City eleven years
ago;
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Fridley does hereby
revoke Special Use Permit SP#07-01 as required in Section 205.05.5.14 of the Fridley Zoning Code when
an owner fails to comply with any of the stipulations issued with a permit, effective December 10, 2018,
citing the following findings of fact as just cause to revoke SP#07-01 (this allows 90 days to vacate from
the site with all auto recycling related cars, partial cars,trucks, partial trucks, parts, any and all
implements of the trade related to and reason for the SUP):
1. On June 11,2007,the Fridley City Council granted a special use permit, SP#07-01 Sam's Auto
Parts, generally located at 1230-73rd Avenue NE, 1240-73 '/2 Avenue NE, and 7340 Central Avenue
NE,to allow an auto recycling center(junkyard)use with six stipulations. Stipulation number four
stated: By October 15, 2009, the petitioner shall have the storm water ponding improvements
installed. Stipulation number five stated: By July 1, 2010, the petitioner shall have completed all
curbing and paving according to the approved site plan.
2. On April 6,2009, City Planner, Stacy Stromberg, notified Barry Hoosline in writing that the deadline
for stipulation three was fast approaching and that staff had not yet received proof that stipulation
two, submitting grading and drainage plans, had been complied with. In this letter, Ms. Stromberg
also notified Mr. Hoosline that he also had 18 stipulations tied to the rezoning of some of his
property that needed to be complied with.
3. On April 29, 2011,Julie Jones, Planning Manager, called the owner's brother,Pat Hoosline,the
City's contact for the business as the owner struggled with health issues,to discuss unmet stipulation
six,which had a June 1,2011 deadline.
4. On April 16, 2014, City staff met with Pat Hoosline,the owner's brother to discuss completion of the
remaining stipulations. Extensions were granted on several unmet stipulations.
5. On June 15,2016, City staff sent Barry Hoosline a code enforcement letter regarding customer
parking and storage of junk vehicles that was occurring on the street due to the fact that their site
plan had not been completed, which offered space for customer parking and access off of 73rd
Avenue.
6. On July 14, 2016,City and RCWD staff conducted a site inspection at Sam's Auto Parts. There was
great concern about the storm water pond state of incompletion. The owner was granted an extension
to complete the pond installation before the end of the summer.
7. On June 13,2017, City staff, after determining that little progress had been made to complete several
stipulations,especially the storm water pond liner, scheduled a public hearing for the City Council to
80
consider revocation of SP#07-01 on August 14, 2017, and notified the owner of the impending
hearing.
8. On June 23,2017, Barry Hoosline, Pat Hoosline, Duane Waldoch,Terrence Chastan-Davis
(RCWD), and City staff met to discuss the unmet stipulations. When progress appeared to be taking
place on proceeding with steps towards completion of stipulations,staff cancelled plans for the
public hearing.
9. On April 27, 2018, it was apparent nothing had been accomplished towards completion of the
stipulations, so City staff once again scheduled a public hearing to consider revocation of SP#07-01
and sent a letter to the owner of the upcoming hearing. Public hearing notices were mailed to nearby
property owners and advertised in the local newspaper for a June 11,2018 public hearing.
10. On June 11,2018, eleven years to the original day of issue,the City Council held a public hearing to
consider revocation of SP#07-01 and heard from City staff and Pat Hoosline,the property owner's
brother,regarding the current situation at the property. The City Council continued the public
hearing to July 9, 2018,to allow the property owner a few more days to install the pond liner,
complete paving of the lot per the site plan,and to properly screen the 73`d Avenue entrance gate.
11. On July 5, 2018, Scott Hickok and Julie Jones inspected the site with the owner's brother, Pat
Hoosline, and found the 73rd Avenue entrance gate and paving complete. An area south of the
existing building was left unpaved as the owner felt this location was a better location for customer
access and would allow the storage area of the site to be secured. Staff agreed with the new building
location and that it made sense to leave the area unpaved.
12. On July 9,2018,the Fridley City Council opened the continued public hearing regarding revocation
of SP#07-01. The storm water pond construction was not complete.Neither the owner nor a private
contractor had applied for a permit from the City to install the pond, leaving stipulation four of
SP#07-01,which was due to be complete by October 15, 2009, incomplete. As the property owner
indicated they could quickly get the pond liner installed,the City Council continued the public
hearing again to the next City Council meeting, July 23, 2018.
13. On July 23,2018,the Fridley City Council opened the continued public hearing regarding revocation
of SP#07-01. The storm water pond construction was not complete. The owner was encouraged to
hire an engineer specializing in pond liner installations to oversee the permitting and installation. The
City Council granted another continuance of the public hearing to September 10,2018.
14. On September 10,2018,the Fridley City Council opened the continued public hearing regarding
revocation of SP#07-01. The storm water pond liner installation was not known to be complete.
Neither the owner nor a private contractor had requested inspection or received final approval of an
installed pond liner, leaving stipulation four of SP#07-01 incomplete,which was due to be complete
by October 15,2009. In addition,the business owner had modified the site plan from what was
approved and had not opened the separate customer entrance off of 73rd Avenue per the approved site
plan for the project.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 2018.
SCOTT J. LUND—MAYOR
ATTEST:
DEBRA A. SKOGEN—CITY CLERK
81
sow CITY COUNCIL MEETING
Fridley OF SEPTEMBER 10, 2018
To: Walter T. Wysopal, City Manager
From: Annie Leibel City Mgmt. And lections Asst.
Debra A. Skogen, City Clerk 05
Date: September 5, 2018
Re: 2nd Reading of a Proposed Ordinance Amending Chapter 8 of the Fridley City
Charter Entitled Public Improvements and Special Assessments
The Charter Commission reviewed and discussed Chapter 8 entitled "Public Improvements and
Special Assessments" in 2018 and recommended an amendment by ordinance.
Minnesota Statute, Section 410.12, Subd. 7. allows for an amendment by ordinance upon
recommendation of the Charter Commission. Within one month of receiving a recommendation
to amend the charter by ordinance, the city must publish notice of a public hearing on the
proposed ordinance. The public hearing must be held at least two weeks but not more than one
month after the notice is published. The City Council received this information in May and the
public hearing was held on June 25, 2018. Notice of the public hearing was published in the
Fridley SunFocus on June 8th, fulfilling the publication requirement.
The first reading of the ordinance was held on July 9th. Staff provided information regarding the
number of days the public hearing notice should be published before the hearing. Section 8.01 of
the Charter appears to be in conflict with the City Code. The Code was changed from fourteen
to ten days after the State Legislature adopted new language in M.S. 15.99 requiring zoning
applications to be completed within sixty days. After the first reading, the City Council
recommended returning the ordinance to the Charter Commission for their review and
recommendation of this Section. The Charter Commission met on September 4, 2018 to review
this Section. The Charter Commission concurred with the City Council's recommendation and
recommended the following change, shown in red, to Section 8.01 for the second reading:
Section 8.01. THE CITY PLAN.
The present zoning and comprehensive plans shall be the plans for future physical
development of the City. Plans may be altered from time to time. To alter a zoning plan,
the City Council shall hold a public hearing awl with notice published fourteen (11) at least
ten (10),but not more than thirty(30),days prior to the date of the hearing with notices sent
to affected property owners. The comprehensive plan may be altered in accordance with
Minnesota state law. ft The plans may include provisions for:
82
Ord No._ Page 2
Staff recommends the following actions if they concur with the Charter Commission
recommendation:
1. A motion to waive the reading and hold the second reading of an Ordinance Amending
Fridley City Charter Chapter 8 Entitled Public Improvements and Special Assessments as
shown in Attachment 1.
2. A motion adopting the Summary Ordinance Amending Fridley City Charter Chapter 8
Entitled Public Improvements and Special Assessments as shown in in Attachment 2,
83
Attachment 1
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 8.PUBLIC
IMPROVEMENTS AND SPECIAL ASSESSMENTS
The Fridley City Charter has completed its review of Chapter 8 and has recommended an
amendment of the City Charter by Ordinance to the City Council on May 7, 2018.
The Fridley City Council hereby finds after review, examination and recommendation of the
Charter Commission that Fridley City Charter Chapter 8 related to public improvements and special
assessments should be hereby amended and ordains as follows:
FRIDLEY CITY CHARTER
CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Section 8.01. THE CITY PLAN.
The present zoning and comprehensive plans shall be the plans for future physical development of
the City. Plans may be altered from time to time. To alter a zoning plan, the City Council shall
hold a public hearing ettd with notice published fourteen (11) at least ten (10) days, but not more
than thirty (30), days prior to the date of the hearing with notices sent to affected property owners.
The comprehensive plan may be altered in accordance with Minnesota state law. It The plans may
include provisions for:
• zoning;
• platting and development of new areas;
• planning and location of public works of art;
• public buildings;
• parks;
• playgrounds;
• bridges;
• public transportation services and facilities;
• other public facilities;
• designing and improving streets;
• designing and improving public places; and
• other matters which may seem essential to the City plan.
84
Ord No._ Page 2
Section 8.02. ENFORCEMENT OF CITY PLAN.
The Council shall have all all-neeessaewer full authority, acting through the City Manager, to
enforce complete adherence by-all-persons to the plans adopted as provided above, and to adopt and
enforce a comprehensive zoning ordinance. The Council shall have-power-to pass ordinances to
regulate:
• the use of private property
• the height of buildings,;
• the proportion of the area of any lot which may be built upons and
• to establish building lines.
Such power authority shall be exercised to promote public health, safety, morals, welfare and
convenience.
Section 8.03. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS.
The City shall have the power authority to make any and every type of public improvement not
forbidden by the laws of the State and to levy special assessments to pay for all such improvements
as are of a local character, in accordance with Minnesota State Statute Chapter 429, Local
Improvements, Special Assessments. The amounts assessed to benefited property to pay for such
local improvements may equal the cost of the improvements, including all costs and expenses
connected therewith,with interest,until paid,but shall not exceed the benefits to the property.
Section 8.04. LOCAL IMPROVEMENT REGULATIONS.
The City Council may prepare and adopt a comprehensive ordinance, prescribing the procedure
which shall determine all matters pertaining to the making of local improvements thereafter, and
such ordinance shall supplant supersede all other provisions of law on the same subject and may be
amended only by an affirmative vote of at least four (4) members of the City Council. Such
ordinance shall provide for such notice and hearing in the ordering of improvements and the making
of assessments therefore as shall be necessary to meet the state of Minnesota constitutional
requirements"to levy and collect assessments for the initiation of local improvements upon property
benefited thereby" .- . - . . , ., __ - ., - _. .', . ._ • : - . • .•- -
u proper notice and hearing. (Ref. Ord. 776) Such ordinance shall allow for initiation of a local
improvement by:
1. a petition signed by a majority of the owners bordering the proposed improvement;or
2. by the city council initiating a local improvement and ordering a feasibility report.
•
85
Ord No. Page 3
Section 8.05. PUBLIC WORKS HOW PERFORMED.
1. Public works including all local improvements; may be constructed, extended, repaired or
maintained either by contract or directly by day labor. Before receiving bids the City
Manager shall, under the direction of the City Council, have suitable plans and
specifications prepared for the proposed material or project and estimate of the cost thereof
in detail. The award of any contract shall not exceed the real measure of benefit which is the
increase in the market value of the land because of the improvement.
thereby, the City Council may organize a public works department and provide ythe
2. The right is reserved to the City Council, upon the recommendation of an engineer; acting
through the public works department,to bid on any work to be let by contract.All contracts
shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota
State Statutes. The term "lowest responsible bidder" shall be interpreted as giving the City
Council the right to accept any bid which it determines to be most advantageous to the
City. The City Council shall reserve the right to reject any or all bids in accordance with
Minnesota State Statute Chapter 429. The City shall require contractors to furnish proper
bonds for the protection of the City, , -•- . . _ ., . - . _-•., .- . -.in accordance with
Minnesota state law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10TH
DAY OF SEPTEMBER 2018.
Scott J. Lund,Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing: June 25,2018
First Reading: July 9,2018
Second Reading: September 10,2018
Publication Date: September 21,2018
86
Attachment 2
SUMMARY ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 8.PUBLIC
IMPROVEMENTS AND SPECIAL ASSESSMENTS
I. Title
An ordinance of the City of Fridley, Minnesota, amending the Fridley City Charter Chapter 8
entitled Public Improvements and Special Assessments.
II. Summary
The City Council of the City of Fridley does hereby ordain as follows:
That Fridley City Charter Chapter 8 be amended to provide information on how the
comprehensive plan may be amended, changing the number of days required for a public hearing
notice to be published for zoning to make it consistent with the Fridley City Code and to clarify
and update the language of this chapter.
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of
the Fridley City Code. A copy of the ordinance, in its entirety, is available for inspection by any
person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431
University Ave N.E., Fridley, MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
10TH DAY OF SEPTEMBER 2018.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading: July 9, 2018
Second Reading: September 10,2018
Published: September 21,2018
87
AGENDA ITEM
tof CITY COUNCIL MEETING OF
Fridley
September 10, 2018
To: Walter T. Wysopal, City Manager
Mayor and City Council
From: Paul Bolin, Assistant Director of Housing Redevelopment Authority
Daniel Tienter, Director of Finance/City Treasurer
Date: September 10, 2018
Re: Consider HRA Tax Levy for Taxes Payable in 2019
Since 1996,the Housing and Redevelopment Authority(HRA)has utilized a tax levy to help support
its housing rehabilitation programs. The levy is equal to .0185% of the taxable market value of all
real estate and personal property. The tax levy will allow the Authority to collect approximately
$517,805 based on a city—wide estimated market value of$2,798,947,120. In terms of the impact on
taxpayers, the levy would cost approximately $27.75 per year for a home valued at $150,000 and
$185.00 per year for a commercial property valued at $1,000,000. The revenues raised by the levy
are directed towards ongoing and future redevelopment priorities.
The HRA Board approved the levy at their September 6, 2018 meeting. State Statutes also require
the consent of the City Council, prior to the tax levy becoming effective. As a final note, the HRA
tax levy must be certified to Anoka County by September 15, 2018.
Recommendation
Staff recommends that the City Council consent to the attached resolution approved by the HRA
Board.
88
RESOLUTION NO. 2018-
_
A RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF FRIDLEY,MINNESOTA ADOPTING A
2018 TAX LEVY COLLECTIBLE IN 2019.
BE IT RESOLVED by the City Council (the "Council) of the City of Fridley, Minnesota (the
"City"), as follows:
Section 1. Recitals.
1.01. The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota(the
"Authority") at its regular meeting on September 6, 2018, adopted the attached HRA
Resolution No. 2018— : A Resolution Adopting A 2018 Tax Levy Collectible in 2019.
1.02. The Council must consent to any Authority levy prior to its becoming effective as required
by Minnesota Statutes Section 469.033.
Section 2. Consent.
2.01. The Council hereby consents to the HRA Resolution and to the final levy of$517,805 to
be levied in 2018 for collection in the year 2019 as described therein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10th
DAY OF SEPTEMBER,2018.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
89
AGENDA ITEM
FridleyCITY COUNCIL MEETING OF
SEPTEMBER 10, 2018
TO: Walter Wysopal, City Manager PW18-060
FROM: James Kosluchar, Public Works Director
Brandon Brodhag, Civil Engineer
DATE: September 7, 2018
SUBJECT: Approve Change Order No. 1 for Stonybrook Trunk Storm Sewer Improvement
Project No. 18-422
Attached is Change Order No. 1 for the Stonybrook Trunk Storm Sewer Improvement
Project No. 18-422.This project provides a 60"storm interceptor pipe to convey heavy
flows across East River Road to the Mississippi River and mitigate the frequency of
flooding conditions upstream. This project is being performed under a contract with
Peterson Companies, of Chisago City, MN.
The amount of this change order is $162,024.09. There is no change to the contract
completion date for the project as a result of this change order.Total work included in
Change Order No. 1 for this project would increase the original contract by 19.0%.This
amount of additional work was required due to the following:
C1-1. The first work directive included installing temporary water to the 9 properties on
the north side of Craigbrook Way during the construction of the sewer main,
water and sewer services and the 60"storm sewer pipe.Temporary water was
installed to provide water to the homes while the contractor was working on the
main lines and services so that home owners were never out of water.This cost
was split 50/50 with the contractor. The cost of this item to the City was
$5,010.50.
C1-2./While constructing the outlet into the Mississippi River, it was determined that
C1-5. the outlet needed structural and erosion upgrades to help solidify the outlet on
the steep slope bank.The cost of this additional work was$3,528.40(C1-2)and
$1,550.64 (C1-5).
C1-3. During tree removal the contractor encountered three additional trees by the
outlet into the Mississippi River that needed to be removed within the project
limits that were not called out in the plans. The cost of this item was$945.00.
C1-4. During construction there were discussions with the Concrete Mat producer and
the engineer to substitute for a different mat than that is called out in the
90
specifications. The substitution met the standards of specifications at a lower
price. The cost of this item was a deduction of$1,402.20.
C1-6./ While constructing the 60"storm sewer pipe on Craigbrook Way and East River
C1-7./ Road,the unanticipated poor soils were not up to the standards needed for the
C1-8.1 pipe bedding and for the roadway subgrade. The contractor needed to import
C1-9./ granular material for pipe bedding and roadway subgrade to meet the
specifications and exported the poor soils.
The decisions for soil corrections,pipe bedding and subgrade stabilization were
to help get the construction done in a timely fashion.
The cost of this item for the pipe bedding, soils correction on East River Road
and Craigbrook Way, and subgrade stabilization on Craigbrook Way was
$42,124.62 (C1-6), $17,300.65 (C1-7), $25,259.83 (C1-8)and $10,946.09
(C1-9).
C1-10.An added quantity of 250 tons of bituminous base was needed to pave the first
lift of asphalt. The cost of this item for the additional bituminous base was
$17,237.50.
C1-11. The contractor's bid for sanitary services included extending 9 services on the
north side of Craigbrook Way. After discussions between the Engineering
Division and Public Works Sewer Division it was determined that since the
project included extending the north properties services from the main to the
connection point in the boulevard,that the project should also include extending
the sanitary service to the 8 services on the south side as well. By doing this all
of the properties services for sanitary will be outside of the new roadway.
The cost of this item to extend the 8 sanitary services on the south side of
Craigbrook Way was $35,430.06.
C1-12. Per request from our Public Works Water Division a 10"Gate Valve at the East
River Road and Craigbrook Way intersection was installed and was not
included in the bid. The valve was installed to allow our Water Department
more abilities to control during times of water shut offs.The cost of the directive
for the 10" Gate Valve was $4,093.00.
Staff is recommending that the City Council move to approve Change Order No. 1 for
the Stonybrook Trunk Storm Sewer Improvement Project No. 18-422 in the
amount of$162,024.09 to Peterson Companies. If approved, the contract amount
shall be increased from $850,858.26 to$1,012,882.35.
BJBIbb
91
ivley
Public Works Department
Streets•Parks•Water•Sewer•Stormwater•Fleet•Facilities•Engineering
9/6/2018
Peterson Companies
8326 Wyoming Trail
Chisago City,MN 55013
SUBJECT:Change Order No.1 Stonyhrook Tank Storm Sewer improvement Project No.10422
You are hereby ordered,authorized,and instructed to modify your contract for the above referenced project by including the
following items:
ITEM NO. WSB ITEM NO. DESCRIPTION UNITS QUANTITY UNIT PRICE COST
C1-1 1 Temporary Water LS 1 $ 5,01050 $ 5,010.50
C1-2 3 Class 4 Rip Rap&Ties for Flared End Section(FES) LS 1 $ 3,528.40 $ 3,528.40
C1-3 5 Remove Additional Trees LS 1 $ 945.00 $ 945.00
C1-4 6 Articulated Concrete Mat Deduction 1.5 1 $ (1,401.20) $ (1,402.20)
C1-5 8 Head Wall Concrete LS 1 $ 1,550.64 $ 1,550.64
C14 9 Pipe Bedding at East River Road and Craigbrook Way LS 1 $ 42,124.62 $ 42,124.62
C1-7 10 Soil Correction East River Road LS 1 $ 17,300.65 $ 17,300.65
C1-8 11 Soil Correction Cralgbrook Way LS 1 $ 25,259.83 $ 25,25953
C1-9 12 Additional Subgrade Stabilization Craigbrook Way LS 1 $ 10,94629 $ 10,946.09
C1-10 13 Bituminous Base Paving East River Road LS 1 $ 17,23750 $ 17,23750
C1-11 2 Extend Sanitary Services South Side of Craigbrook Way LS 1 $ 35,430.06 $ 35,430.06
C1-12 4 10"Gate Valve at East River Road Watermain Offset LS 1 $ 4,093.00 $ 4,093.00
C1-13 7 Taxes LS - -
$ -
$ -
$ -
$ -
$ -
CHANGE ORDER NO.1 TOTAL= $ 162,024.09
Original Contract Amount $ 850,858.26
Prior Change Orders Approved: $ - 0.0%of Original Contract Amount
This Change Order: $ 162,024.09 19.0%of Original Contract Amount
Proposed Contract Amount: $ 1,012,882.35
Submitted and approved by James Kosluc har,Director of Public Works,on the 10th Day of September,2018
James P.Kosluchar,Director of Public Works
Approved and accepted this_th day of ,2018 by Peterson Companies
Peterson Companies
Approved and accepted this_th day of ,2018 by the City of Fridley
Scott Lund,Mayor
Waiter T.Wysopal,City Manager
Pagel oft
92
701 Xenia Avenue South Change Order Summary
Ww ss Suite 300
�Y Minneapolis,MN 55416
'-
Tele:763-541-4800
&Associates,Inc. Fax:763-541-1700
CO No. Description
1 Temporary Water $ 5,010.50
2 Extend Sanitary Servies South Side of Craigbrook Way $ 35430.06
3 Class 4 Rip Rap&Ties for FES $ 3,528.40
4 10"Gate Valve at East River Road Watermain Offset $ 4,093.00
5 Remove Additional Trees $ 945.00
6 Articulated Concrete Mat Deduction $1,402.20
7 Taxes „.NA
8 Head Wall Concrete $ 1,550.64
9 Pipe Bedding at East River Road and Craigbrook Way $ 42,124.62
10 Soil Correction East River Road $ 17,300.65
11 Soil Correction Craigbrook Way $ 25,259.83
12 Addition Subgrade Stabilization Craigbrook Way $ 10,946.09
13 Bituminous Base Paving East River Road $ 17,237.50
Total $ 162,024.09
***Note:C07 No Approved
93
EJCDC-=
FNCINEERS aO:A'CONTRACT
DOCUMENTS COMM TTEE
Work Change Directive No. 1
Date of Issuance: 06/19/2018 Effective Date:6/19/2018
Owner:City of Fridley Owner's Contract No.:18-422
Contractor:Peterson Companies Contractor's Project No.:
Engineer:Jacob Newhall Engineer's Project No.: 1449-22
Project:Stonybrook Trunk Storm Contract Name:
Sewer Improvement Project
Contractor is directed to proceed promptly with the following change(s):
Description:
Install temporary water to the 9 houses on the Northeast side of Craigbrook Way.
Attachments:(List documents supporting change]
Purpose for Work Change Directive:
Directive to proceed promptly with the Work described herein,prior to agreeing to changes on Contract Price and
Contract Time, is issued due to:(check one or both of the following]
❑Non-agreement on pricing of proposed change.
®Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract Times(non-binding,preliminary):
Contract Price $ 5,010.50 'ncreasey[decrease].
Contract Time N/A [increase] [decrease].
Basis of estimated change in Contract Price:
® Lump Sum 0 Unit Price
0 Cost of the Work 0 Other
RECOMMEND D: AUTHORIZED BY: RECEIVED:
By: By: By:
E sneer(Authorized ignature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Project Manager Title: Title:
Date: 6/19/2018 Date: Date:
Approved by Funding Agency(if applicable)
By: Date:
Title:
EJCDC'C-940,Work Orange Directive.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
94
DETERSoi,
8326 WYOMING TRAIL
CHISAGo CITY,MN 55013
�f��f (P)651.257.6864
WA it -'n (F)651.257.3393
PETERSONCOMPANIES.NET
CHANGE ORDER REQUEST
Date: 6/1/18 WSB
Project: Stonybrook Truck Sewer 701 Xenia Avenue South,Suite 300
COR Number: 1 Revised Minneapolis,MN 55416
Description: Temp Water for House on NE Side of Craigbrook Way
Install Temporary water to the 9 Houses on the Northeast side of Craigbrook Way.
Materials $4,705.00
Labor to setup and Tear Down $4,405.00
10%Markup $911.00
TOTAL 10,021.00
Deduct from Peterson ($5,010.50)
TOTAL $5,010.50
Please feel free to call if you have any questions.
Sincerely,
Jake Sikora
Project Manager
651-257-0365
An Affirmative Action,Equal Opportunity Employer
EJCDC:=
ENGINEERS+0 NT CONTRFC,
OOCLMEW,S COMMITTEE
Work Change Directive No. 2
Date of Issuance: 06/19/2018 Effective Date:6/19/2018
Owner:City of Fridley Owner's Contract No.:18-422
Contractor:Peterson Companies Contractor's Project No.:
Engineer:Jacob Newhall Engineer's Project No.: 1449-22
Project:Stonybrook Trunk Storm Contract Name:
Sewer Improvement Project .
Contractor is directed to proceed promptly with the following change(s):
Description:
Extend 8 sanitary services on south side of Craigbrook Way NE
Attachments:(List documents supporting change]
Purpose for Work Change Directive:
Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and
Contract Time,is issued due to:(check one or both of the following]
❑Non-agreement on pricing of proposed change.
❑Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract limes(non-binding,preliminary):
Contract Price $ 35,430.06 ' re [decrease].
Contract lime N/A [increase] [decrease].
Basis of estimated change in Contract Price:
❑ Lump Sum .1 Unit Price
D Cost of the Work 0 Other
RECO MEND : AUTHORIZED BY: RECEIVED:
By: By: By:
E neer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Title: Title:
Date: Date: Date:
Approved by Funding Agency(if applicable)
By: Date:
Title:
EICDC'C-940,Work Change Directive.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
96
CHN4GE ORD NO 2 DETAIL,
STONYBROOK TRUNK STORM SEWER IMPROVEMENT PROJECT
CITY OF FRIDLEY
WEB PROJECT NO.1449-22
ADDED ITEMS
Item No. Mat.No. Description Unit Price Oty Extended Amount
93 2104.501 Remove Curb&Gutter IF $ 4.17 706.00 $2,944.02
94 2104.503 Remove Bituminous Driveway Pavement SF $ 1.74 358.00 5822.92
95 2104.505 Remove Concrete Driveway Pavement SY $ 24.24 40.00 $989.80
98 2104.501 Remove Sanitary Service Pipe LF $ 7.08 201.00 $1,423.08
97 2380.502 Type SP 12.5 Wear CRS Mix(3,0)3.0'Thick SY $ 38.79 40.00 $1,551.60
98 2503.802 rx4"PVC WYE EACH $ 288.13 9.00 $2,395.17
99 2503.803 4'PVC Sanitary Service Pipe LF $ 15.79 201.00 $3,173.79
100 2531.501 Concrete Curb&Gutter Design B818 LF $ 17.80 708.00 $12,425.80
101 2531.507 8"Concrete Driveway Pavement SY $ 74.02 44.00 $3,256.88
102 2575.505 Sodding Type Lawn SY $ 6.70 500.00 $3,350.00
103 2104.802 Salvage and Reinstall Matbox EACH $ 285.00 4.00 $1,140.00
104 2104.801 Remove Landscape Material LS $ 252.00 1.00 $252.00
105 2104.801 Install Landscape Materials LS $ 1,038.00 1.00 $1,038.00
108 2101.511 Clearing and Grubbing EACH $ 300.00 1.00 $300.00
107 2104.503 Remove Concrete Sidewalk SF $ 1.32 120.00 $158.40
108 2104.515 Install Concrete Sidewalk SF $ 3.575 120.00 $429.00
TOTAL ADDED ITEMS CHANGE ORDER NO.2 $35,430.06
DELETED ITEMS
Item No. Mat.No. Description Unit Price Oty Extended Amount
$0.00
TOTAL DELETED ITEMS CHANGE ORDER NO.2 $0.00
TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT $35,430.06
K:101444.201,44101n1Consratcalon AtistiniChange Orders1cO21144042 Change Order 20001sc02 Deal
97
FNG�4EERS!O3k'CONIAAC"
DOCUMEM'S COMM TM:
Work Change Directive No. 3
Date of Issuance: 06/19/2018 Effective Date:06/19/2018
Owner:City of Fridley Owner's Contract No.:18-422
Contractor:Peterson Companies Contractor's Project No.:
Engineer:Jacob Newhall Engineer's Project No.: 1449-22
Project:Stonybrook Truck Storm Contract Name:
Sewer Improvement Project
Contractor is directed to proceed promptly with the following change(s):
Description:
class 4 riprap and tie FES to structure
Attachments:(List documents supporting change)
Purpose for Work Change Directive:
Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and
Contract lime,is issued due to:(check one or both of the following)
❑Non-agreement on pricing of proposed change.
❑ Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract Times(non-binding,preliminary):
Contract Price $ 3,528.40ncreaset[decrease].
Contract Time N/A days [increase] [decrease].
Basis of estimated change in Contract Price:
® Lump Sum 0 Unit Price
0 Cost of the Work 0 Other
RECOMMENDE : AUTHORIZED BY: RECEIVED:
By: By: By:
E eer(Aut orized Signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Project Manager Title: Title:
Date: 6/19/2018 Date: Date:
Approved by Funding Agency(if applicable)
By: Date:
Title:
EJCDC'C-940,Work Change Directive.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
98
PETERS. 8326 WYOMING TRAIL
CHISAGO CITY,MN 55013
(P)651.257.6864
�� (F)651.257.3393
PETERSONCOMPANIES.NET
CHANGE ORDER REQUEST
Date: 6/7/18 WSB
Project: Stonybrook Trunk Sewer 701 Xenia Avenue South,Suite 300
COR Number: 3 Minneapolis,MN 55416
Description: Class 4 Riprap and lie FES to Structure
Below is pricing for installing Class 4 Riprap and tying FES back to the structure.
Import and Place Class 4 Fieldstone Riprap 32 TN Unit Price$84.20 Extension 2,694.40
Install Tie rods from FES to structure Unit Price$834.00 Extension$834.00
We are going to install two tie rods from the Energy Dissipator 5000 to Structure 5001
Please feel free to call if you have any questions.
Sincerely,
Jake Sikora
Project Manager
651-257-0365
•
An Affirmative Action,Equal Opportunity Employer
kr&: —'+3 Si +
99
EJCDC=
C*1G1!-0EEAS O:M C-O TN.[T
OOCUMV S OOMM:TTEF.
Work Change Directive No. 4
Date of Issuance: 06/19/2018 Effective Date:06/19/2018
Owner: City of Fridley Owner's Contract No.: 18-422
Contractor: Peterson Companies Contractor's Project No.:
Engineer: Jacob Newhall Engineer's Project No.: 1449-22
Project: Stonybrook Truck Storm Sewer Contract Name:
Improvement Project
Contractor is directed to proceed promptly with the following change(s):
Description:
10"Gate Valve at East River Road Watermain Offset
Attachments:(List documents supporting change)
Purpose for Work Change Directive:
Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and
Contract Time,is issued due to:(check one or both of the following)
❑Non-agreement on pricing of proposed change.
❑ Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract Times(non-binding,preliminary):
Contract Price $ 4,093.00 c
decrease].
Contract Time N/A days [increase] [decrease].
Basis of estimated change in Contract Price:
® Lump Sum 0 Unit Price
0 Cost of the Work 0 Other
RECO MEND : //// BY: RECEIVED:
By: By: By:
gineer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: 6/19/2018 Title: Title:
Date: Date: Date:
Approved by Funding Agency(if applicable)
By: Date:
Title:
EJCDC'C-940,Work Change Directive.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
100
DETERSi, 8326 WYOMING TRAIL
CHISAGO CITY,MN 55013
//ffp•e#rieit (P)651.257.6864
(F)651.257.3393
P ETERSONCOM PANI ES.NET
CHANGE ORDER REQUEST
Date: 6/8/18 WSB
Project: Stonybrook Trunk Sewer 701 Xenia Avenue South,Suite 300
COR Number: 4 Minneapolis,MN 55416
Description: 10"Gate Valve at East River Road Watermain Offset
The below pricing is to furnish and install 10"gate valve on the watermain offset on East River Road
- Materials $2,261.00
- Labor 2 HR @$803/HR $1,606.00
- 10%Markup $226.00
- TOTAL $4,093.00
Please feel free to call if you have any questions.
Sincerely,
Jake Sikora
Project Manager
651-257-0365
An Affirmative Action,Equal Opportunity Employer
�Q
E.ICT)C=
ENGINEERS.ONT CONTRA['
DOCUMENTS COMMITTEE
Work Change Directive No. 5
Date of Issuance: 06/19/2018 Effective Date: 06/19/2018
Owner: City of Fridley Owner's Contract No.: 18-422
Contractor: Peterson Companies Contractor's Project No.:
Engineer: Jacob Newhall Engineer's Project No.:1449-22
Project: Stonybrook Trunk Storm Sewer Contract Name:
Improvement Project
Contractor is directed to proceed promptly with the following change(s):
Description:
Removal of three additional trees by the river that were marked for removal and not indicated on the plans
Attachments:[List documents supporting change]
Purpose for Work Change Directive:
Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and
Contract Time,is issued due to:[check one or both of the following]
❑Non-agreement on pricing of proposed change.
❑ Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract Times(non-binding,preliminary):
Contract Price $ 945.00 increase) decrease].
Contract Time N/A days [increase] [decrease].
Basis of estimated change in Contract Price:
® Lump Sum 0 Unit Price
❑ Cost of the Work ❑ Other
RECO MEND : AUTHORIZED BY: RECEIVED:
By: By: By:
neer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Project Manager Title: Title:
Date: 6/19/2018 Date: Date:
Approved by Funding Agency(if applicable)
By: Date:
Title:
EJCDC C-940,Work Change Directive.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
102
D,TERS ,, 8326 WYOMING TRAIL
CHISAGO CITY,MN 55013
v/ij��#1 (P)651.257.6864
''jj���� (F)651.257.3393
PETERSONCOM PANIES.NET
CHANGE ORDER REQUEST
Date: 6/18/18 WSB
Project: Stonybrook Trunk Sewer 701 Xenia Avenue South,Suite 300
COR Number: 5 Minneapolis,MN 55416
Description: Additional Trees
Below is the cost for the removal of the three additional trees by the river that were marked for removal and not
indicated on the plans.
Tree removal Sub $900.00
5%Markup $45.00
TOTAL $945.00
Please feel free to call if you have any questions.
Sincerely,
Jake Sikora
Project Manager
651-257-0365
An Affirmative Action,Equal Opportunity Employer
EJCI)C
EVGWfEAS JO RI CONTRACT
L10CUMENTS COhEM'TEEE
Work Change Directive No. 6
Date of Issuance: 06/26/2018 Effective Date:6/26/2018
Owner:City of Fridley Owner's Contract No.:18-422
Contractor:Peterson Companies Contractor's Project No.:
Engineer:Jacob Newhall Engineer's Project No.: 1449-22
Project:Stonybrook Trunk Storm Contract Name:
Sewer Improvement Project
Contractor is directed to proceed promptly with the following change(s):
Description:
Articulated Concrete Mat Deduct. Substituting CC-45 for CC-70 mat.
Attachments:(List documents supporting change)
Purpose for Work Change Directive:
Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and
Contract Time, is issued due to:(check one or both of the following)
❑Non-agreement on pricing of proposed change.
❑Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract Times(non-binding,preliminary):
Contract Price $ 1,402.20 [increase se].
Contract Time N/A [increase] [decrease].
Basis of estimated change in Contract Price:
❑ Lump Sum ® Unit Price
0 Cost of the Work 0 Other
RECO MEND : AUTHORIZED BY: RECEIVED:
By: By: By:
E !neer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Project Manager Title: Title:
Date: 6/26/2018 Date: Date:
Approved by Funding Agency(if applicable)
By: Date:
Title:
EJCDC C-940,Work Change Directive.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
104
tTERSiii 8326 WYOMING TRAIL
CHISAGO CITY,MN 55013
/y #f /' (P)651.257.6864
(F)651.257.3393
PETERSONCOMPANIES.NET
CHANGE ORDER REQUEST
Date: 6/26/18 WSB
Project: Stonybrook Trunk Sewer 701 Xenia Avenue South,Suite 300
COR Number: 6 Minneapolis,MN 55416
Description: Articulated Concrete Mat Deduct
After discussions with the concrete mat producer and engineer below is deduct pricing to substitute CC-45 for the
specified CC-70 mat this is called out in the specifications.
Bid Price 180 SY CC-70 $116.56 per SY Extension$20,997.00
Alternate 180 SY CC-45 $108.86 per SY Extension$19,594.80
Total Deduct($1,402.20)
Please feel free to call if you have any questions.
Sincerely,
Jake Sikora
Project Manager
651-257-0365
An Affirmative Action,Equal Opportunity Employer
c. ` .'', . � �.+��*
EK-DC
ENGINEERS Jpksi CJNTRACt
DOCVME NTS COMMITTEE
Work Change Directive No. 8
Date of Issuance: 07/11/2018 Effective Date:07/11/2018
Owner:City of Fridley Owner's Contract No.:18-422
Contractor:Peterson Companies Contractor's Project No.:
Engineer:Jacob Newhall Engineer's Project No.: 1449-22
Project:Stonybrook Trunk Storm Contract Name:
Sewer Improvement Project
Contractor is directed to proceed promptly with the following change(s):
Description:
Per the bid documents 2 CY of concrete would have been necessary to build head wall.With the onsite changes
to the location of the sheet piling an additional 4.5 CY was needed to complete the headwall.The below pricing
the costs of additional labor and concrete for field changes.
Attachments:(List documents supporting change]
Purpose for Work Change Directive:
Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and
Contract Time, is issued due to:(check one or both of the following]
❑Non-agreement on pricing of proposed change.
Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract limes(non-binding,preliminary):
Contract Price $ 1,550.64 in decrease].
Contract Time N/A [increase] [decrease].
Basis of estimated change in Contract Price:
Lump Sum 0 Unit Price
0 Cost of the Work 0 Other
RECO MEND : AUTHORIZED BY: RECEIVED:
By: By: By:
E sneer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Project Manager Title: Title:
Date: 7/11/2018 Date: Date:
Approved by Funding Agency(if applicable)
By: Date:
Title:
EJCDC C-940,Work Change Directive.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
106
8326 WYOMING TRAIL
ITEHSia p CHISAGO CITY,MN 55013
� (P)651.257.6864
P/y7/�^#f (F)651.257.3393
P ETE RSO N CO M PA N I E S.N ET
CHANGE ORDER REQUEST
Date:7/9/18 WSB
Project: Stonybrook Trunk Sewer 701 Xenia Avenue South,Suite 300
COR Number: 8 Minneapolis,MN 55416
Description: Additional Work at Dissipator 5000 Headwall
Per the bid documents 2 CY of concrete would have been necessary to build head wall.With the onsite changes to the
location of the sheet piling an additional 4.5 CY was needed to complete the headwall.The below pricing the costs of
additional labor and concrete for field changes.
Concrete $595.67
Foreman 2 HR @$145/HR $290,00
Two Laborer's 2 HR @$103/HR Each $412.00
Backhoe.5 HR @$224/HR $112.00
10%Markup $140.97
Total $1,550.64
Please feel free to call if you have any questions.
Sincerely,
Jake Sikora
Project Manager
651-257-0365
An Affirmative Action,Equal Opportunity Employer
{ s � ..'-1 5
107=
EJ CDC
MIMEOS JO N'CONIONCf
COCUMEN'5 CCMMoT'EE
Work Change Directive No. 9
Date of Issuance: 07/11/2018 Effective Date:07/11/2018
Owner:City of Fridley Owner's Contract No.:18-422
Contractor: Peterson Companies Contractor's Project No.:
Engineer:Jacob Newhall Engineer's Project No.:1449-22
Project:Stonybrook Trunk Storm Contract Name:
Sewer Improvement Project
Contractor is directed to proceed promptly with the following change(s):
Description:
Below is the cost($22.91 ton)to import(984 ton for Craigbrook Way)(855 tons for East River Road)granular
material for pipe bedding meeting MnDOT 3149.2B1.This also includes exporting the spoils utilizing two-way
trucking.This work is to be done as directed by the field engineer.
Attachments:[List documents supporting change]
Purpose for Work Change Directive:
Directive to proceed promptly with the Work described herein,prior to agreeing to changes on Contract Price and
Contract Time, is issued due to:(check one or both of the following]
ONon-agreement on pricing of proposed change.
®Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract Times(non-binding,preliminary):
Contract Price $ 42,124.62in decrease).
Contract Time N/A [increase] [decrease].
Basis of estimated change in Contract Price:
❑ Lump Sum ® Unit Price
❑ Cost of the Work 0 Other
RECOMMEND : AUTHORIZED BY: RECEIVED:
By: By: By:
Eneer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Project Manager Title: Title:
Date: 7/11/2018 Date: Date:
Approved by Funding Agency(if applicable)
By: Date:
Title:
EJCDC'C-940,Work Change Dil ecdve.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
108
DETERSi, 8326 WYOMING TRAIL
CHISAGO CITY,MN 55013
��iett (P)651.257.6864
(F)651.257.3393
P ETE RSO N CO M PAN I ES.N ET
CHANGE ORDER REQUEST
Date: 7/9/18 WSB
Project: Stonybrook Trunk Sewer 701 Xenia Avenue South,Suite 300
COR Number: 9 Minneapolis,MN 55416
Description: Pipe Bedding
Below is the cost to import granular material for pipe bedding meeting MnDOT 3149.261.This also includes exporting
the spoils utilizing two-way trucking.This work is to be done as directed by the field engineer.
Granular Material 770 TN Per Ton$22.91 Extension$17,640.70
Please feel free to call if you have any questions.
Sincerely,
Jake Sikora
Project Manager
651-257-0365
An Affirmative Action,Equal Opportunity Employer
X09
Craigbrook Way Pipe Bedding
7/17/2018 7/17/2018 7/18/2018
Truck ITons Truck 1 Tons Truck I Tons
Shaw Truck#20 18.94 Shaw Truck#01 18.47 Shaw Truck#01 18.79
Shaw Truck#20 18.9 Shaw Truck#01 18.11 Shaw Truck#01 18.51
Shaw Truck#20 18.85 Shaw Truck#01 17.84 Shaw Truck#01 18.72
Shaw Truck#20 18.86 Shaw Truck#01 18.86 Shaw Truck#01 18.47
Shaw Truck#20 18.47 Shaw Truck#01 18.28 Shaw Truck#01 19
Shaw Truck#20 18.99 Shaw Truck#01 18.5 Shaw Truck#5 15.17
Shaw Truck#01 18.76 Shaw Truck#01 18.78 Shaw Truck#5 15.53
Shaw Truck#01 19.22 Shaw Truck#01 18.8 Shaw Truck#5 14.46
Shaw Truck#01 19.13 Shaw Truck#5 14.59 Shaw Truck#5 15.52
Shaw Truck#01 18.89 Shaw Truck#5 15.09 Shaw Truck#5 14.96
Shaw Truck#01 18.56 Shaw Truck#5 15.08 Shaw Truck#20 18.56
Shaw Truck#64 20.22 Shaw Truck#5 15.43 Shaw Truck#20 18.49
Shaw Truck#64 20.38 Shaw Truck#5 15.02 Shaw Truck#20 18.89
Shaw Truck#64 20.68 Shaw Truck#5 14.98 Total 225.07
Shaw Truck#64 20.39 Shaw Truck#5 14.94
Shaw Truck#64 20.15 Shaw Truck#5 15.26
Shaw Truck#64 20.52 Shaw Truck#20 18.6
Shaw Truck#64 20.49 Shaw Truck#20 19.46
Total 350.4 Shaw Truck#20 19.59
Shaw Truck#20 19.54
Shaw Truck#20 19.06
Shaw Truck#20 19.2
Shaw Truck#20 19.1
Shaw Truck#64 18.77
Shaw Truck#64 18.5
Shaw Truck#64 19.21
Shaw Truck#64 18.11
Shaw Truck#64 18.47
Shaw Truck#64 18.95
Shaw Truck#64 19.61
Shaw Truck#D12 19.32
Shaw Truck#D12 19.61
Shaw Truck#D12 19.69
Shaw Truck#D12 18.41
Shaw Truck#D12 19.32
Shaw Truck#D12 19.76
Total 650.31
Total for PP Pipe Back Fill 1226
Tons Unit Price
Approx Required Back fill for PP 984 $ 22.91 City Cost
110
Excess Hauled in 242
Prep for East River
Road Shut Down
(Total Cost of Granular Bedding -■.
111
East River Road Pipe Bedding and Soil Correction
7/20/2018-7/21/18
Truck Tons
Shaw Truck#01 20.43
Shaw Truck#01 20.65
Shaw Truck#01 20.63
Shaw Truck#01 20.76
Shaw Truck#02 20.05
Shaw Truck#02 20.68
Shaw Truck#02 20.78
Shaw Truck#002 19.36
Shaw Truck#002 19.18
Shaw Truck#002 19.56
Shaw Truck#002 18.98
Shaw Truck#002 19.54
Shaw Truck#002 18.66
Shaw Truck#002 19.13
Shaw Truck#8 19.12
Shaw Truck#8 19.02
Shaw Truck#8 18.93
Shaw Truck#8 18.52
Shaw Truck#8 19.24
Peterson#10 22.61
Peterson#10 23.11
Peterson#10 23.5
Peterson#10 22.72
Shaw Truck#23 22.54
Shaw Truck#23 23.1
Shaw Truck#27 22.82
Shaw Truck#27 23.8
Shaw Truck#27 22.67
Shaw Truck#29 22.89
Peterson#34 22.83
Peterson#34 23.2
Peterson#34 22.82
Shaw Truck#77 19.87
Shaw Truck#77 19.39
Shaw Truck#77 18.88
Shaw Truck#77 19.13
Shaw Truck#77 18.94
Shaw Truck#77 18.93
Shaw Truck#95 19.55
Shaw Truck#102 22.43
Shaw Truck#102 22.75
Shaw Truck#116 23.36
Shaw Truck#125 19.19
112
Shaw Truck#125 19.32
Shaw Truck#125 18.79
Shaw Truck#703 22.54
Shaw Truck#703 22.59
Shaw Truck#703 23.06
Shaw Truck#703 22.6
Shaw Truck#703 23.1
Shaw Truck#2430 20.45
Shaw Truck#2430 20.74
Shaw Truck#2430 20.57
Shaw Truck#2430 20.94
Shaw Truck#J-1 18.99
Shaw Truck#1-1 18.95
Shaw Truck#J-1 18.93
Shaw Truck#J-1 19.44
Shaw Truck#J-1 19.31
Shaw Truck#J-1 19.3
Total 1486
Tons Unit Price
Approx Required Backfill for RCP 855 $ 22.91 County Cost
Soil Correction Material 631 $ 27.42 County Cost $17,300.65
113
EJCDC=
ENGI.1{ERS!Om CONTf.AC
ETERSi, 8326 WYOMING TRAIL
CHISAGO CITY,MN 55013
(P)651.257.6864
(F)651.257.3393
PETERSONCOMPANIES.NET
CHANGE ORDER REQUEST
Date: 7/19/18 WSB
Project: Stonybrook Trunk Sewer 701 Xenia Avenue South,Suite 300
COR Number: 10 Minneapolis,MN 55416
Description: East River Road Soil Correction
Below is the cost to import granular material for soil correction under East River Road if required.This includes
exporting of poor materials,importing granular material and placement of granular materials.Tolerancing of granular
materials is not included in this price as it is already required in the contract amount to tolerance subgrade.This work is
to be done as directed in the field.
Soil Correction 100 TN Per Ton$27A2 Extension$2,742.00
Since the quantity of sand that may be required is unknown,100 TN is an assumption.
Please feel free to call if you have any questions.
Jake Sikora
651-257-0365
An Affirmative Action,Equal Opportunity Employer
a
Craigbrook Way Pipe Bedding
7/17/2018 7/17/2018 7/18/2018
Truck I Tons Truck ITons Truck I Tons
Shaw Truck#20 18.94 Shaw Truck#01 18.47 Shaw Truck#01 18.79
Shaw Truck#20 18.9 Shaw Truck#01 18.11 Shaw Truck#01 18.51
Shaw Truck#20 18.85 Shaw Truck#01 17.84 Shaw Truck#01 18.72
Shaw Truck#20 18.86 Shaw Truck#01 18.86 Shaw Truck#01 18.47
Shaw Truck#20 18.47 Shaw Truck#01 18.28 Shaw Truck#01 19
Shaw Truck#20 18.99 Shaw Truck#01 18.5 Shaw Truck#5 15.17
Shaw Truck#01 18.76 Shaw Truck#01 18.78 Shaw Truck#5 15.53
Shaw Truck#01 19.22 Shaw Truck#01 18.8 Shaw Truck#5 14.46
Shaw Truck#01 19.13 Shaw Truck#5 14.59 Shaw Truck#5 15.52
Shaw Truck#01 18.89 Shaw Truck#5 15.09 Shaw Truck#5 14.96
Shaw Truck#01 18.56 Shaw Truck#5 15.08 Shaw Truck#20 18.56
Shaw Truck#64 20.22 Shaw Truck#5 15.43 Shaw Truck#20 18.49
Shaw Truck#64 20.38 Shaw Truck#5 15.02 Shaw Truck#20 18.89
Shaw Truck#64 20.68 Shaw Truck#5 14.98 Total 225.07
Shaw Truck#64 20.39 Shaw Truck#5 14.94
Shaw Truck#64 20.15 Shaw Truck#5 15.26
Shaw Truck#64 20.52 Shaw Truck#20 18.6
Shaw Truck#64 20.49 Shaw Truck#20 19.46
Total 350.4 Shaw Truck#20 19.59
Shaw Truck#20 19.54
Shaw Truck#20 19.06
Shaw Truck#20 19.2
Shaw Truck#20 19.1
Shaw Truck#64 18.77
Shaw Truck#64 18.5
Shaw Truck#64 19.21
Shaw Truck#64 18.11
Shaw Truck#64 18.47
Shaw Truck#64 18.95
Shaw Truck#64 19.61
Shaw Truck#D12 19.32
Shaw Truck#D12 19.61
Shaw Truck#D12 19.69
Shaw Truck#D12 18.41
Shaw Truck#D12 19.32
Shaw Truck#D12 19.76
Total 650.31
Total for PP Pipe Back Fill 1226
Tons Unit Price
Approx Required Back fill for PP 984 $ 22.91 City Cost $22,535.80
116
Excess Hauled in 242
Prep for East River
Road Shut Down
117
East River Road Pipe Bedding and Soil Correction
7/20/2018-7/21/18
Truck Tons
Shaw Truck#01 20.43
Shaw Truck#01 20.65
Shaw Truck#01 20.63
Shaw Truck#01 20.76
Shaw Truck#02 20.05
Shaw Truck#02 20.68
Shaw Truck#02 20.78
Shaw Truck#002 19.36
Shaw Truck#002 19.18
Shaw Truck#002 19.56
Shaw Truck#002 18.98
Shaw Truck#002 19.54
Shaw Truck#002 18.66
Shaw Truck#002 19.13
Shaw Truck#8 19.12
Shaw Truck#8 19.02
Shaw Truck#8 18.93
Shaw Truck#8 18.52
Shaw Truck#8 19.24
Peterson#10 22.61
Peterson#10 23.11
Peterson#10 23.5
Peterson#10 22.72
Shaw Truck#23 22.54
Shaw Truck#23 23.1
Shaw Truck#27 22.82
Shaw Truck#27 23.8
Shaw Truck#27 22.67
Shaw Truck#29 22.89
Peterson#34 22.83
Peterson#34 23.2
Peterson#34 22.82
Shaw Truck#77 19.87
Shaw Truck#77 19.39
Shaw Truck#77 18.88
Shaw Truck#77 19.13
Shaw Truck#77 18.94
Shaw Truck#77 18.93
Shaw Truck#95 19.55
Shaw Truck#102 22.43
Shaw Truck#102 22.75
Shaw Truck#116 23.36
Shaw Truck#125 19.19
118
Shaw Truck#125 19.32
Shaw Truck#125 18.79
Shaw Truck#703 22.54
Shaw Truck#703 22.59
Shaw Truck#703 23.06
Shaw Truck#703 22.6
Shaw Truck#703 23.1
Shaw Truck#2430 20.45
Shaw Truck#2430 20.74
Shaw Truck#2430 20.57
Shaw Truck#2430 20.94
Shaw Truck#J-1 18.99
Shaw Truck#J-1 18.95
Shaw Truck#J-1 18.93
Shaw Truck#J-1 19.44
Shaw Truck#J-1 19.31
Shaw Truck#J-1 19.3
Total 1486
Tons Unit Price
Approx Required Back fill for RCP 855 $ 22.91 County Cost $19,588.81
Soil Correction Material 631 $ 27.42 County Cost
119
EJCi)C
tiCINEERS JO!rt'COMRnCt
U7CUME'cTS COMM7EEE
Work Change Directive No. 11
Date of Issuance: 08/8/2018 Effective Date:8/8/2018
Owner:City of Fridley Owner's Contract No.:18-422
Contractor:Peterson Companies Contractor's Project No.:
Engineer:Jacob Newhall Engineer's Project No.: 1449-22
Project:Stonybrook Trunk Storm Contract Name:
Sewer Improvement Project
Contractor is directed to proceed promptly with the following change(s):
Description:
Below is the Import and Place 1074 tons of Recycled Class 5 @ 16.33 ton.Also,below is the price to cut and
export existing soils 356 CY @ 21.71 CY.Soil correction along Craigbrook Way.
Attachments:[List documents supporting change]
Purpose for Work Change Directive:
Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and
Contract Time,is issued due to:[check one or both of the following]
❑Non-agreement on pricing of proposed change.
®Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract Times(non-binding,preliminary):
Contract Price $ 25,259.83in decrease].
Contract Time N/A [increase] [decrease].
Basis of estimated change in Contract Price:
0 Lump Sum ® Unit Price
D Cost of the Work ❑ Other
RECO MEND : AUTHORIZED BY: RECEIVED:
By: By: By:
E neer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Project Manager Title: Title:
Date: 7/22/2018 Date: Date:
Approved by Funding Agency(if applicable)
By: Date:
Title:
EJCDC'C-940,Work Change Directive.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
120
Pr 8326 WYOMING TRAIL
CHISAGO CITY,MN 55013
��iett (P)651.257.6864
(F)651.257.3393
PETERSONCOMPANIES.NET
CHANGE ORDER REQUEST
Date: 8/8/2018 WSB
Project: Stonybrook Trunk Sewer 701 Xenia Avenue South,Suite 300
COR Number: 11 Minneapolis,MN 55416
Description: Excavation of additional 6"of existing soils as indicated on the engineers provided drawings
approximately 19,220 SF.Import and placement of additional 6"of recycled Class 5(we will utilize available reclaim
onsite and import only once the available reclaim is depleted)
Import and Place Recycled Class 5(approximately 702 TN)
- This price is less than originally quoted due to production going faster with larger quantities.
- Buy and Import Class 5 @$11.91/TON $8,360.82
- 10%Material Markup $836.08
- Place Class 5 Dozer and Roller 6 HR @$378/HR $2,268.00
- Total $11,464.90
Price per Ton $16.33
Cut and Export Existing Soils(approximately 356 CY In-Place Volume)
- Cut Existing Soils Dozer and Loader 5 HR @$373/HR $1,865.00
- Disposal and Export Soils $5,862.00
- Total $7,727.00
Per Cubic Yard $21.71
***There is no markup on the exporting of existing soils***
Please feel free to call if you have any questions.
Sincerely,
Jake Sikora
Project Manager
651-257-0365
An Affirmative Action,Equal Opportunity Employer
Craigbrook Way Pipe Bedding
8/13/18-8/15/2018 8/16/2018 7/18/2018
Truck I Tons Truck I Tons Truck I Tons
Shaw Truck#520 23.31 Shaw Truck#319 22.8 Shaw Truck#01 23.16
Shaw Truck#520 22.61 Shaw Truck#319 23.15 Shaw Truck#01 22.9
Shaw Truck#23 23.14 Shaw Truck#319 23.4 Shaw Truck#62 23.14
Shaw Truck#17 22.19 Shaw Truck#38 23.2 Shaw Truck#62 23.2
Shaw Truck#17 23.41 Shaw Truck#38 23.08 Shaw Truck#520 23.2
Peterson Truck#40 21.69 Shaw Truck#38 23.17 Shaw Truck#259 23.16
Peterson Truck#40 23.27 Shaw Truck#38 23.15 Shaw Truck#259 23.2
Shaw Truck#319 23.24 Shaw Truck#1018 23.77
Shaw Truck#319 22.87 Shaw Truck#1018 22.98
J158 18.17 Shaw Truck#1018 22.79
CM2 17.41 Shaw Truck#1018 23.84
EL9 18.75 Shaw Truck#1018 23.44
Rl14 16.29 Shaw Truck#1018 22.03
MU1976 18.22 Shaw Truck#1018 23.51 Total 161.96
Shaw Truck#520 23.01
Shaw Truck#520 22.38
Shaw Truck#520 22.75
Shaw Truck#520 22.63
Total 294.57 Shaw Truck#520 23.02
Shaw Truck#520 23.36
Shaw Truck#02 18
Shaw Truck#17 23.1
Shaw Truck#17 22.79
Shaw Truck#17 23.14
Peterson Truck#40 23.03
Peterson Truck#40 22.14
Peterson Truck#40 23.36
Total 617.02
Tons Unit Price
Total Gass 5 Recycle 1074 $ 16.33 City Cost
122
EJCDC=
ENGI rEPS tc'M CONTRAC.
DOGS MtOTS COMw rr Et
Work Change Directive No. 12
Date of Issuance: 8/14/2018 Effective Date:08/14/2018
Owner:City of Fridley Owner's Contract No.:18-422
Contractor:Peterson Companies Contractor's Project No.:
Engineer:Jacob Newhall Engineer's Project No.: 1449-22
Project:Stonybrook Trunk Storm Contract Name:
Sewer Improvement Project
Contractor is directed to proceed promptly with the following change(s):
Description:
Below is the cost to cut an additional 3200 SF at 1'depth and Import 3"minus crushed rock to stabilize
existing subgrade on Craigbrook Way. Cut 199 CY @ 21.71 CY. Import 3"minus 180 tons @ 36.81 ton.
Attachments:(List documents supporting change]
Purpose for Work Change Directive:
Directive to proceed promptly with the Work described herein,prior to agreeing to changes on Contract Price and
Contract Time,is issued due to:(check one or both of the following)
❑Non-agreement on pricing of proposed change.
Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract Times(non-binding,preliminary):
Contract Price $ 10,946.09 iThridecrease].
Contract Time N/A [increase] [decrease].
Basis of estimated change in Contract Price:
0 Lump Sum ® Unit Price
❑ Cost of the Work 0 Other
RECO MEND : AUTHORIZED BY: RECEIVED:
By: By: By:
E 'neer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Project Manager Title: Title:
Date: 7/22/2018 Date: Date:
Approved by Funding Agency(if applicable)
By: Date:
Title:
EJCDC'C-940,work Change Directive.
Prepared and published 2013 by the Engineers Joint Contract Doctanents Committee.
Page 1 of 1
123
pirEasa* 8326 WYOMING TRAIL
CHISAGO CITY,MN 55013
1/ (P)651.257.6864
(F)651.257.3393
PETERSONCOMPANIES.NET
CHANGE ORDER REQUEST
Date: 8/14/2018 WSB
Project: Stonybrook Trunk Sewer 701 Xenia Avenue South,Suite 300
COR Number: 12 Minneapolis,MN 55416
Description: The below pricing is to cut an additional 3200 SF at 1"depth and import 3"minus crushed rock to
stabilize existing subgrade.
Cut and Export Existing Soils 119 CY(In-Place Volume)@$21.71/CY $2,583.49
Import and Place 3"minus crushed rock(approximately 216 TN)
- Buy and Import 3"minus rock 216 @$31.56/TN $6,816.96
- Place Rock Dozer& Loader 3 HR @$378/HR $1,134.00
- Total $7,950.96
Price Per Ton $36.81
Total to Complete This Work $10,534.45
Please feel free to call if you have any questions.
Sincerely,
Jake Sikora
Project Manager
651-257-0365
An Affirmative Action,Equal Opportunity Employer
rd
:124¢
E.)CDL.--
FNGil4EFRS JO+A'CONTRA
GOCLME4T<COMA++TTEE
Work Change Directive No. 13
Date of Issuance: 07/21/2018 Effective Date:07/22/2018
Owner:City of Fridley Owner's Contract No.:18-422
Contractor:Peterson Companies Contractor's Project No.:
Engineer:Jacob Newhall Engineer's Project No.: 1449-22
Project:Stonybrook Trunk Storm Contract Name:
Sewer Improvement Project
Contractor is directed to proceed promptly with the following change(s):
Description:
Below is the cost(68.95 ton)to complete 250 tons of bituminous base(TYPE SP Non WEARING COURSE
MIXTURE(3,B))on East River Road.
Attachments:(List documents supporting change]
Purpose for Work Change Directive:
Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and
Contract lime, is issued due to:(check one or both of the following)
❑Non-agreement on pricing of proposed change.
®Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract limes(non-binding,preliminary):
Contract Price $ 17,237.50 in decrease].
Contract lime N/A [increase] [decrease].
Basis of estimated change in Contract Price:
❑ Lump Sum ® Unit Price
❑ Cost of the Work 0 Other
RECO MEND : AUTHORIZED BY: RECEIVED:
By: By: By:
E neer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Project Manager Title: Title:
Date: 7/22/2018 Date: Date:
Approved by Funding Agency(if applicable)
By: Date:
Title:
EICDC'C-940,Wort Change Directive.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1
125
AMY AGENDA ITEM
Trrley CITY COUNCIL MEETING OF
Frid
SEPTEMBER 10, 2018
INFORMAL STATUS REPORTS
126