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05/20/1991 - 5102OFFICIAL CITY COONCIL AGENDA COIINCIL MEETING MAY 20, 1991 � unor Frs�o�EY FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Monday, May 20, 1991 7:30 P.M. � PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER FRiDLEY CITY COUNCIL MEETING OF MAY 20, 1991 PUBLIC HEARING: Page 2 � To Amend Chapter 205 of the Fridley City Code, Entitled "Zoning," by Amending Sections 205.04, "General Provisions," for Above Ground Fuel Storage Tanks . . . . . . . . . . . . . . . . . . . . . 1 - 1L NEW BUSINESS: First Reading of an Ordinance Establishing a New Chapter of the City Code of the City of Fridley, Chapter 31, Entitled "Pawn Shops" and Amending Chapter 11, "General Provisions and Fees" . . . . . . . . . . . . . . . . . . . . . . . 2 - 2J Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to the Church of the Immaculate Conception . . . . . . . . . . . . . . . . . . . . . . 3 - 3G Receive the Minutes of the Planning Commission Meeting of May 8, 1991: . . . . . . . . . . 4 - 4H A. Establish Public Hearing for June 3, 1991, to Amend Chapter 205 of the Fridley City Code, Entitled "Zoning" by Deleting and Renumbering Consecutive Sections of the R-3, General Multiple Dwelling District Regulations (Landscaping) ................... 4 - 4A ................... 4F - 4H � ,1 FRIDLEY CITY COONCIL MEETING OF MAY 20, 1991 Paqe 3 NEA BIISINE88 (CONTINUED: Establish a Public Hearing for June 17, 1991, for a Rezoning, �ZOA #89-04, to Rezone Lot 4, Block 6, City View Addition from j R-2 to C-2, Generally Located at , 5701 University Avenue N.E. by - � Ashland Oil Co. . . . . . . . . . . . . . . . . . . . 5 - 5R Approval of Revised Comprehensive Sign Plan for Moon Plaza, Generally Located at 6201 - 6269 University � Avenue N . E . . . . . . . . . . . . . . . . . . . . . . 6 - 6A i z , r ► I � i' ` Receive Bids and Award Contract for Street Improvement Project No. ST. 1991 - 1 & 2 . . . . . . . . . . . . . . . . . 7 - 7D Receive Bids and Award Contract for Springbrook Nature Center Landscaping and Entrance Area Project . . . . . . . . . . . . . . . . . . . . . . . 8 Information Regarding Fire/Draft Stops in Chimneys . . . . . . . . . . . . . . . . . . . 9 - 9I FRIDLEY CITY COIINCIL MEETING OF MAY 20, 1991 PaQe 4 William J. Nee Mayor Fridiey, MN ♦ JATIONAL PUBLIC W�RKS WEEK May 19 - 25,1991 `YV�f��,��I.S, pud fic worf�,s seruices provided in ourcommunity ane an integral�part of ourcit�zens' everyday �ives; and 4N�f��;S, tke support of an understar►d'raag and infornied citizenry is vita� to the efficient operation of pudlic worf�,s systems and programs suck as water, sewers, st�ets, Fcighways, par�,s, pu6Cic duildings andsnow removal,• and ��;�.�,S, tFie kealth, safety and comfort of tkis communitygreatG� depends on t.kese faci[ities arcd services; and tiV�f��IS, tFie quality and effecriveness of these facifities, as well as t�eir p(.arcning, design, maintenance and construction is uitally dependent upon the efforts and sk,i.!!s of pudlic wor(�,s personne� and �1f��l,S, the efficiency of tFie qualifie� ancf ded'uatect personne� wko staff pud�ic work,s departrnents is material�y inf�uenced dy the people's attitude and understanding of tFie importance of the wor�, they perform; �OtiV, 7�f��,��02Z�, B� I?�SOL�ED tkat I, �NiI.�'tam7. 91(�e, 9►�fayor of the City of �ridley Fcer�d y proc(.aim May 19 - 25,1991 as NATIONAL PUBLIC WORKS WEEK in the City of �"ridfey and cal.� upon a(.� citizens and civic organi.zations to acquaint tkemse�ves with t(e prod(zms invo�ved in providing our pu6Cu work,s, aru� to recognize the contridutions wkich pud fic work,s personne! mak,e every day to our kealtk, safety and' comfort. I� 4NI211�E,SS �C��,�O� I kave set my %iand and caused" tFiz seal of tFie City of �iu��ey to de a�ed tFiis 20tfi day of May,1991. WILLIAM J. NEE, MAYOR THE MINIITES OF THS FRIDLEY CITY COIINCIL MEBTING OF MAY 6, 1991 THE MINIITES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF MAY 6, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:34 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the councilmembers and the audience in the Pledge of Allegiance. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick MEMBERS ABSENT: None PRESENTATION OF AWARD: BARBARA HUGHES, CABLE TELEVISION COMMISSION: Mayor Nee presented a plaque to Barbara Hughes in appreciation for her many years oi service on the Cable Television Commission and a term on the Parks and Recreation Commission. Ms. Hughes stated that she appreciated this plaque and that it would have a place of honor in her home. PRESENTATION OF PROCLAMATIONS: OLDER AMERICANS MONTH, MAY, 1991: Mayor Nee read and issued a proclamation proclaiming the month of May, 1991 as older Americans Month. He called upon all Fridley residents to recognize the importance of strengthening bonds between all ages to create a bright vision for the future. Ms. Corinne Prindle received this proclamation on behalf of the seniors in the community and thanked Mayor Nee and the Councilmembers for a11 they have done for the seniors and hoped that they would continue to do so in the future. VETERANS' BUDDY POPPY DAY, MAY 17, 1991: Mayor Nee read and issued a proclamation proclaiming May 17, 1991 as Buddy Poppy Day and urged a].1 patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens. FRIDLEY CITY COONCIL MEETING OF MAY 6. 1991 PAGE 2 Mr. Floyd Pulju of the Fridley VFW Post 363 received this proclamation and introduced Daniele Simmons, Buddy Poppy Queen, and Maxine Nystrom, Chairman of the Ladies' Auxiliary of the VFW Post. Mr. Pulju stated that the Commander of the VFW Post, Griff Arnold, was unable to attend this evening due to a prior commitment. APPROVAL OF MINUTES: BOARD OF REVIEW MEETING, APRIL 22 1991• MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING, APRIL 22, 1991: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: - Mayor Nee requested an item be added as follows: (15) Request by Fridley United Methodist Church to Waive the Sign Permit Fee for the Bloodmobile. MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. OLD BUSINESS• l. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST 1991 - 10 (SEALCOAT) (TABLED 4/22J91)� Mr. Flora, Public Works Director, stated that this item was tabled on April 22, 1991 due to a numerical error in the Alternate Bid submitted by Astech Corporation. He stated that the Alternate Bid for the emulsion additive for Astech Corporation is $15,092.32, and the figure provided at the April 22 meeting was a total amount for the sealcoating operations. Mr. Flora stated that the low bidder for this project was Allied Blacktop for the sealcoating and alternte in the amount of $95,732.62 and it is recommended the contract be awarded to them. FRIDLEY CITY COtTNCIL MEETING OF MAY 6. 1991 PAGE 3 MOTION by Councilwoman Jorgenson to receive the following bids for Street Improvement Project No. ST 1991 - 10 (Sealcoat): Company Allied Blacktop 10503 89th Ave. N. Maple Grove, MN 55369 Astech Corporation P. O. Box 1025 St. Cloud, MN 55407 Bituminous Roadways 2825 Cedar Ave. S. Minneapolis, MN 55407 Total Bid $84,413.38 $86,686.21 $88,291.64 Alternate A $11,319.24 $15,092.32 $20,299.17 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to award the contract for ST 1991 - 10 (Sealcoating) to the low bidder, Allied Blacktop, in the amount of $95,732.62. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 2. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY GITY CODE, CHAPTER 205. ENTITLED "ZONING" BY AMENDING SECTIONS 205.03.01, 205.03.23, 205.03.25 205 03 26 BY CREATING A NEW SECTION 205.07.O1.B. (4� (fZ, AND RECODIFYING CHAPTER 220 OF THE FRIDLEY CITY CODE, ENTITLED "RESIDENTIAL RENTAL PROPERTY AND CONDOMINIUM COMMON AREA MAINTENANCE" BY AMENDING SECTION 220.13- Ms. Dacy, Community Development Director, stated that this amendment to the Zoning Code is to permit an accessory apartment within a single family dwelling. She stated that the other portion of the amendment is to the licensing section which would require a single family home owner to receive a license before renting an accessory apartment to an unrelated individual. Ms. Dacy stated that the Council conducted a public hearing on April 22, 1991 on this proposed ordinance amendment. She stated, at that time, clarification of the language was requested in regard to an absentee owner. She stated it is proposed that an additional sentence be added under Section 205.07.1.B.(4)(f)(2) which would read as follows: "An absentee owner may rent a one-family dwelling FRIDLEY CITY COIINCIL MEETING OF MAY 6, 1991 PAGE 4 containing an accessory unit, but both units must be occupied by a single family." Ms. Dacy stated that accessory apartments are also known as mother- in-law apartments. She stated that White Bear Lake and Minnetonka are the only two cities that permit such a use, and they are permitted with a special use permit. Ms. Dacy stated that the Planning Commission recommended approval of this proposed ordinance amendment and staff concurs with this recommendation. Councilman Fitzpatrick stated that if this ordinance amendment was adopted Fridley would be the only suburb to license accessory apartments. Councilman Schneider asked if cities other than White Bear Lake and Minnetonka prohibit such a use. Ms. Dacy stated that other cities' ordinances were similar to Fridley's, and they are also experiencing some enforcement problems. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings and Councilman Fitzpatrick voted against the motion. Mayor Nee declared the motion failed, as an ordinance amendment requires at least four affirmative votes. Councilman Fitzpatrick stated that he does not support the licensing of accessory apartments in R-1 neighborhoods. He thought that the mother-in-law situation was taken care of by the fact that relatives are allowed to live in a homeowner's single family home. 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 24, 1991• A. SPECIAL USE PERMIT, SP #91-06, BY YOAVA KLUCSAR PER SECTION 205.07.01.C.(1) OF THE FRIDLEY CITY CODE, TO ALLOW ACCESSORY BUILDINGS, OTHER THAN THE FIRST ACCESSORY BUILDING OVER 240 SQUARE FEET, ON LOT 30, BLOCK 2, IRVINGTON ADDITION, AND LOT 14, EXCEPT THE SOUTH 390 FEET. AUDITOR'S SUBDIVISION NO. 22, GENERALLY LOCATED AT 1420 RICE CREEK ROAD N E• Ms. Dacy, Community Development Director, stated that this special use permit is requested in order to allow a second accessory building over 240 square feet. She stated that the Planning FRIDLEY CITY COIINCIL MEETING OF MAY 6, 1991 PAGE 5 Commission recommended approval of this special use permit with stipulations regarding the curb cut and a hardsurface driveway. MOTION by Councilman Schneider to concur with the unani�ous recommendation of the Planning Commission and grant Special Use Permit, SP #91-06, with the following two stipulations: (1) one curb cut shall be maintained from Rice Creek Road; and (2) the petitioner shall provide a hardsurface driveway by November 1, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried. B. SET PUBLIC HEARING FOR MAY 20 1991 TO AMEND CHAPTER 205 OF THE FRIDLEY CITY CODE. ENTITLED "ZONING," BY AMENDING SECTION 205.04, "GENERAL PROVISIONS." FOR ABOVE GROUND FUEL STORAGE TANKS: MOTION by Councilman Fitzpatrick to set the public hearing on this ordinance amendment for May 20, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried. Councilman Billings was temporarily absent when the vote was taken. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of April 24, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried. 4. RESCIND RESOLUTION NO. 36-1991 AND ADOPT NEW RESOLUTION NO. 36-1991 APPROVING A SUBDIVISION LOT SPLIT L S #91-02 TO SPL_I_T LOTS Z-5, AUDITOR'S SUBDIVISION NO. 153 INTO TWO SEPARATE_PARCELS, PARCEL A AND PARCEL B GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E.: Ms. Dacy, Community Development Director, stated that when the Council adopted Resolution No. 36-1991 to approve L.S. #91-02, the legal description for Parcels A and B had several dimension errors due to minor changes in the lot line. She stated that the errors have now been corrected, and she recommended that the Council rescind Resolution No. 36-1991 and adopt a new Resolution No. 36-1991. Councilman Billings asked if the change was critical if a replat was going to be submitted. Ms. Dacy stated that the resolution needs to be recorded in order to close on the property. She stated that this is abstract property, and she wants to make sure the underlying lot split was absolutely correct with the new plat. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1991 PAGE 6 MOTION by Councilman Billings to rescind Resolution No. 36-1991 adopted April 22, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to adopt new Resolution No. 36-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. APPROVE TWO-YEAR CURBSIDE RECYCLING CONTRACT BETWEEN THE CITY OF FRIDLEY AND SUPER CYCLE, INC.: Ms. Dacy, Community Development Director, stated that Super Cycle, Inc. is proposing a shift from a per ton payment to a per household service payment. She stated that this payment structure could reduce 1991 contract costs by about $30,000 for the remainder of 1991 and by $40,000 for January, 1992 through April, 1993. She stated that containers were distributed in February and participation in the recycling program was up 25 percent in March. Ms. Dacy stated that a two-year contract is proposed retroactive to April, 1991 with a per household payment of 95 cents for the remaining nine months of 1991 and $1.00 per household in 1992, a 90 day notice and no profit sharing. She stated that under the current per ton payment, the contract costs for April 1, 1991 to April 1, 1992 would be $262,500, and the costs for the same period under Super Cycle's per household proposal would be $188,420. Ms. Dacy stated that there are some minor changes to be made to the contract on Paqe 55 to add the words "per month" at the end of sentences A and B and under B to correct the dates to read from April l, 1992 to March 31, 1993. MOTION by Councilman Fitzpatrick to authorize the Mayor and City Manager to enter into this two-year contract with Super Cycle for curbside recycling. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked if the costs covered under this contract would be paid out of the solid waste abatement fee the City recently put into effect. Ms. Dacy answered in the affirmative and stated that there would not be any additional costs to the residents. Councilman Schneider asked if staff was comfortable that this rate was competitive. Ms. Dacy stated that when bids were received the cost per household from the larger contractors would have been $2.25. She felt that FRIDLEY CITY COIINCIL MEETING OF MAY 6. 1991 PAGE 7 the rates were very competitive with rates paid by other communities. Councilman Schneider asked if any additional collections would be added. Ms. Dacy stated that as a result of the fact finding report, staff is not recommending the addition of any new collections at this time in order to minimize the costs. Ms. Nancy Healy, Vice-President of Super Cycle, stated that if Fridley wanted to add another commodity Super Cycle would negotiate that fee. She stated that she cannot foresee any other commodity that would greatly impact the fee other than plastics. She stated that if batteries and motor oil were added the fee would probably be about five cents per household. Councilwoman Jorgenson questioned the fee if the City wanted to provide for disposal of automobile batteries. Ms. Healy stated that it would depend on how often this type of pick up would be done but felt they would be very competitive in their fee. Mayor Nee asked if they would provide pickup for paints and other chemicals. Ms. Healy stated that they do provide a clean-up day. She stated that they charge for the truck and disposal costs that may occur. She stated that for items such as paint it would be hazardous waste, and they would have to contract with a licensed disposal facility and someone else may be better equipped to handle this type of item. She stated that on a clean-up day in Shoreview they simply collected magazines and phone books. Ms. Dacy stated that the County is responsible for hazardous waste pick up because of the expertise needed in this field and the insurance. She stated that she understands the County is in the process of developing a hazardous waste disposal program. She stated that as far as special collections the City needs to be cautious of additional expenditures. Mr. Burns, City Manager, felt that perhaps the County should be contacted for an update on their hazardous waste program as they were working with the State in regard to this program. Councilwoman Jorgenson asked who would incur the liability insurance for automobile batteries placed on the curb for collection. FRIDLEY CITY COIINCIL MEETING OF MAY 6. 1991 PAGE 8 Mr. Gregg Herrick, representing the City Attorney�s office, stated that since this is a City program, the insurance carrier would have to be contacted regarding the City's liability. Councilwoman Jorgenson stated if batteries were to be collected she felt that possibly there should be a specific drop off site rather than placing them at the curb. She stated that most cities do not include car batteries in their clean-up program because of the possible liability. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. SET PUBLIC HEARING FOR JUNE 3, 1991, TO AMEND SECTION 2.05 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Schneider to set the public hearing for June 3, 1991 regarding the amendment of Section 2.05 of the Fridley City Charter. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE BIDS AND AWARD CONTRACT FOR THE ELECTRONIC AUTOMATED FUEL DISPENSING SYSTEM, E4UIPMENT CONTROLfREPAIR PART INVENTORY SYSTEM, AND COMPUTER HARDWARE: Mr. Flora, Public Works Director, stated that bids were opened separately for the Automated Fuel Control and Equipment Cost Control/Repair Part Inventory Systems with options for computer hardware. He stated that three bids were received for the automated fuel control with the low bid from Minnesota Petroleum Service in the amount of $12,386.02. He stated that the bid consists of the system hardware and software for $12,217.00 and the key encoder kit for $624.00 less a deduction for a fuel stand printer and phone modem of $454.98. Mr. Flora stated that four bids were received for the Equipment Control/Repair Part Inventory System. He stated that Streetwise Equipment Manager by Public Service Computer Software, Inc. was the low bidder for $3,995.00. He stated that the company also offers an on-site training seminar for $995.00 for a total bid of $4,990.00. Mr. Flora stated that optional bids for supplying computer hardware were received from some of the fuel and equipment system vendors. He stated that the Streetwise Equipment Manager bidder meets the minimum requirements of the combined software packages but does not include a printer. He stated that in order to meet future anticipated requirements a larger PC and printer were required. For compairson purposes the City looked at purchasing a PC computer FRIDLEY CITY COUNCIL MEETING OF MAY 6. 1991 PAGE 9 and printer off the State contract. He stated that this would standardize the City's equipment and would be maintained by the same vendor as all the other computers in the City. MOTION by Councilwoman Jorgenson to receive the following bids for the Automated Fuel Dispensing System: Company Hale Co., Inc. 1950 W. Co. Rd. C St. Paul, MN 55113 Minn. Petroleum Service 5333 University Ave. Minneapolis, MN 55421 Total Bid Sec.A&B $15,592.00 Encoder Opt . Bid q�t.Hid Kit Sec.C&D Sec.E $ 895 No Bid No Bid $12,217.00 $11,762.02* $ 624 No Bid No Bid (*Deduct for 1 printer and phone modem not required, $454.98) Trak Engineering, Inc. 2892 E. Park Ave. Tallahassee, FL 32301 $11,700.00 $1,000 No Bid $3,000 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for the Automated Fuel System to the low bidder, Minnesota Petroleum Service, for a K-3000L Chipkey System for a total bid of $12,386.02. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated that the bid for the equipment control/repair part inventory system allows a complete tracking of every part, service, sublet, accident, mechanic's labor, etc."of each City vehicle and piece of equipment. Councilman Schneider asked if this is cost accounting the City really does not need. Mr. Flora stated that the City goes through quite a bit of fuel and, in addition to the fuel monitoring, the City can identify the efficiency of the vehicles and equipment relating to the costs of repairs and maintenance. He stated that this type of data is not readily available today. FRIDLEY CITY COIINCIL MEETING OF MAY 6, 1991 PAGE 10 MOTION by Councilman Schneider to receive the following bids for Equipment Vehicle Cost Control and Repair Inventory System, Project No. 219: Company AmeriData State of Minnesota Contract Consolidated Serv. 2500 Devon Ave. Elk Grove Village, Corp. IL 60007 Fleet Computing P. O. Box 14698 Albuquerque, NM 87191 Fleet Manager System 4858 No. Kansas Kansas City, MO 64119 Total Bid Sect. C & D No Bid $ 8,250.00 $ 5,500.00 $11,500.00 Streetwise Equipment Manager Pub. Serv. Comp. Software 237A Hollant St. Somerville, MA 02144 $ 3,995.00 Optional Bid Section E $3,934.00 No Bid No Bid $4,145.00 $2,495.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for the Equipment Vehicle Cost Control and Repair Inventory System, Project No. 219 to the low bidder, Public Service Comp. Software for Streetwise Equipment Manager in the amount of $4,990.00 which includes $995.00 for the on-site training. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated it is recommended that the portion of the bids for the computer hardware not be awarded and to purchase the personal computer and printer locally. Councilman Schneider stated that he would be comfortable with authorizing up to a certain amount for this purchase. Councilman Billings asked the guidelines the City must follow for this purchase. Mr. Pribyl, Finance Director, stated that if the purchase is under $15,000 it does not have to go through the formal bidding process. FRIDLEY CITY COIINCIL MEETING OF MAY 6, 1991 PAGE 11 MoTION by Councilman Schneider to authorize up to $2,500 for the purchase locally of a personal computer and appropriate printer. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 42-1991 AUTHORIZING THE POSTING OF "NO PARKING" SIGNS ON 73RD AVENUE (M.S.A.S. 307) BETWEEN UNIVERSITY AVENUE AND ABLE STREET: MOTION by Councilman Schneider to adopt Resolution No. 42-1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 43-1991 AUTHORIZING THE POSTING OF "NO PARK�NG" SIGNS ON WEST MOORE LAKE DRIVE (M.S.A.S 3021 BETWEEN 250 FEET WEST OF T.H. 65 AND T.H. 65: MOTION by Councilman Schneider to adopt Resolution No. 43-1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 44-1991 ORDERING IMPROVEMENT APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SPRINGBROOK NATURE CENTER LANDSCAPING PROJECT 1991: Mr. Kirk, Director of Recreation and Natural Resources, stated that last year the parking lot improvements were completed at Sp�ingbrook Nature Center as part of the five year capital improvement program. He stated it is proposed that the landscaping be completed this year. He stated that a landscaping and planting plan has been completed which incorporates funding from several different sources. Mr. Kirk stated that funding is from the remaining tornado restoration funds in the amount of $25,283; $7,000 in .the 1991 capital improvements program; $4,824 which is an encumbrance from the 1988 Naturalist Division budget; and $2,353 raised by the Springbrook Nature Center Foundation. He stated that he felt the landscaping would put the finishing touches on the entrance into the nature center and recommended that Council adopt this resolution authorizing advertisement for bids. MOTION by Councilman Fitzpatrick to adopt Resolution No. 44-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF MAY 6, 1991 PAGE 12 11. INFORMAL STATUS REPORTS: LOCKE LAKE UPDATE• Mr. Flora, Public Works Director, stated that the City is waiting for a meeting with the Rice Creek Watershed District's Engineers, JMM, to review plans for the Locke Lake improvement. He stated that a date for this meeting has not been scheduled and the original schedule was to be submitted to a11 parties in April. He stated that City staff has been checking with the Watershed District's engineers, and they stated a meeting would be scheduled shortly. TOWNHOUSE FIREPLACES - WEST BRENNER PASS: Mr. Burns, City Manager, stated that at the last Council meeting there was a concern raised by a Fridley resident regarding the fireplaces at the townhouses on West Brenner Pass. He stated that the City Attorney has written to the State for clarification on a number of items. He stated it is expected that additional information will be submitted to the Council at the May 20 meeting. 12. CLAIMS• MOTION by Councilman Billings to authorize payment of Claims No. 37330 through 37507. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. ESTIMATES' MOTION by Councilman submitted: Fitzpatrick to approve the estimates as Herrick & Newman 205 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Attorney for the Month of April, 1991 . . . . . . . . $4,658.00 � FRIDLEY CiTY COIINCIL MEETING OF MAY 6, 1991 PAGE 13 HNTB 6700 France Avenue South Minneapolis, MN 55435 Inspection of 1.5 MG Elevated Water Reservoir, Project No. 202 Partial Estimate . . . . . . . . . . . . . . $2,410.85 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. REQUEST BY FRIDLEY UNITED METHODIST CHURCH TO WAIVE THE SIGN PERMIT FEE FOR THE BLOODMOBILE: Councilwoman Jorgenson stated that the Fridley United Methodist Church has requested the sign permit fee be waived for the bloodmobile as they consider this a public service to the community. She stated that the bloodmobile will be held at the church on Tuesday, May 14, 1991 from 1:30 to 7:00 p.m. MOTION by Councilwoman Jorgenson to waive the $24.00 sign permit fee for the bloodmobile. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT- MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 6, 1991 adjourned at 8:43 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � �� U i Community Development Department P G D�SION City of Fridley DATE: May 16, 1991 � � • TO: William Burns, City Manager �., FROM: SUBJECT: Barbara Dacy, Community Development Director Conduct Public Hearing for Ordinance Amendment on Above Ground Fuel Storage Tanks Attached is the staff report and Planning Commission minutes for the amendment to the zoning ordinance to provide regulations for above-ground fuel storage tanks. The Department's Urban Corps intern and I have been working in conjunction with the Fire Department on this amendment for the last two months. The Planning Commission recommended approval of the ordinance amendment with changes. The City Council should conduct the public hearing; first reading of the ordinance would occur at the June 3, 1991 City Council meeting pending any additional corrections or recommendations from the City Council. BD/dn M-91-343 � � � Community Development Department NG DIVISION City of Fridley DATE: May 1, 1991 �, � . TO: William Burns, City Manager �. FROM: SUBJECT: Backqround Barbara Dacy, Community Development Director Kevin Meeks, Intern Fuel Storage Tanks The Planning Division has been alerted by the Fire Department that Federal laws now require replacement of all underground fuel storage (UGFS) tanks by the year 2000. Due to the expense of repZacement and installation of the UGFS tanks, the Fire Department is concerned that a trend may occur where property owners, in order to save money, will switch from underground to above ground fuel storage tanks. As a result, aesthetic and safety impacts need to be addressed. We are recommending that the zoning ordinance be amended to regulate placement and installation of above ground tanks. The Planning Division has completed research of above ground fuel storage tanks (AGFS) tanks by taking note of neighboring communities' efforts in dealing with this issue, by visiting loca3 examples of AGFS tanks (we have developed a video tape), by working with the Fire Department in regard to the Uniform Fire Code, and by evaluating the types of properties where AGFS tanks are located, such as gas stations, industries, and schools. Proposed Amendment The proposed amendment to Chapter 205 of the Frid2ey City Code entitled "zoning" would be to add 205.04.9 under "General Provisions" as follows: 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE (AGFS) TANKS A. AGFS tanks are permitted accessory uses in commercial and industrial zoninq districts. Al1 AGFS tanks must meet re irements established by the Uniform Fire Code (UFC) and � Q .� ■ Fuel Storage Tanks May 1, 1991 Page 2 the Minnesota Pollution Control Aaencv IMPCA). A permit from the State Fire Marshall must be obtained prior to installation. B=. In commercial zoning districts and for automotive service stations in the industrial districts AGFS tanks shall not exceed a 1,000 gallon capacitv and/or six (6) feet in heiQht and/or diameter. Use of these tanks is limited to liauid petroleum (LP�. The reason AGFS tanks greater than a 1,000 gallon capacity are prohibited in commercial areas is due to safety and aesthetic reasons. The Fire Department believes it would not be safe to have AGFS tanks on small commercial sites, such as automotive service stations, because of the risk of accidents or vandalism that could cause the tanks to rupture. In addition, the Fire Department noted that there has never been an incident in the City of Fridley of an underground fuel storage tank exploding and recommends continued use of these types of tanks. Aesthetically, AGFS tanks larger than 1,000 gallon capacity or si:x feet in diameter and/or height would be an eye sore from the public right-of-way. C. Prior to installation a�ermit from the City_of Fridley Fire Department shall be obtained. D. All AGFS tanks shall be screened by a chain link fence with metal slats and shall be no taller than eight (8) feet in height, with the exception of LP which does not require fencina. We have not proposed vegetation screening, wood, or plastic fencing, as these are flammable materials and therefore recommend only metal chain link fencing with metal slats. E. The City of Fridley may reuuire installation of vehicle protection barricades for AGFS tanks, depending on the tank's location on the property. The Planning Department has notified all commercial and industrial sites currently using AGFS tanks and have notified all Fridley automotive service stations of the proposed amendment. F. The City of Fridley mav reauire installation of vehicle protection barricades for AGFS tanks, dependina on the tank's location on the property. G. All AGFS tanks shall be maintained in a clean and well kept appearance. � Fuel Storage Tanks May 1, 1991 Paqe 3 H. The onlv siqnage permitted on the AGFS tanks is the identification of contents andfor caution labels. Planninq Commission Action The Planning Commission recommended approval of this ordinance with corrections as written. The Chair of the Environmental Quality and Energy Commission also wants infornaation on the status of present underground fuel storage tanks. City Council Recommendation Pending City Council discussion or additional public hearing testimony, the first reading of the ordinance will be scheduled for the June 3, 1991 City Council meeting. KM/dn M-91-279 1C _� PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Muniaipal Center, 6431 University Avenue N.E. on Monday, May 20, 1991 at 7:30 p.m. for the purpose of: Amending Chapter 205 of the Fridley City Code, entitled "Zoning", by amending Sections 205.04, "General Provisions" as follows: 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE LAGFS) TANKS A. AGFS tanks are permitted accessory uses in commercial and industrial zoning districts Al1 AGFS tanks must meet requirements established bv � to installation. capacity and/or six (6) feet in height andjor diameter. Use of these ': tanks is limited to liquid petroleum (LP). . C. By definition this ordinance does not apply to AGFS tanks of less than 265 Qallons. D. Prior to installation a permit from the City of Fridley Fire Deuartment shall be obtained. E. All AGFS tanks shall be screened by a chain link fence with metal slats and shall be no taller than eiaht L8) feet in heiaht, with the exception of LP which does not require fencina. F. The Citv of Fridley may require installation of vehicle protection barricades for AGFS tanks depending on the tank's location on the property. G. All AGFS tanks shall be maintained in a elean and well keDt appearance. H. The only signage permitted on the AGFS tanks is the identification _o_f contents and/or caution labels. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: May 8, 1991 May 15, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. �-J 2. Mr. Klucsar stated he is trying to fix up the use and property. It is his intention to split the lot i he future and build a new house on the other lot. MOTION by Mr. Saba, seconded by Ms. Sher , to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE LIC HEARINC CLOSED AT 7:35 P.M. MOTION by Mr. Kondrick, seconde by Ms. Modig, to recommend to City Council approvaZ of Sp ial. Use Permit, SP #91-06, by Yoava Klucsar, per Section 20 .07.O1.C.(1) of the Fridley City Code to allow accessory ildings, other than the first accessory building, over 0 square feet, on Lot 30, Block 2, Irvington Addition, and t 14, except the south 390 feet, Auditor's Subdivision o. 22, generally located at 1420 Rice Creek Road N.E., wit the following stipulations: 1. one c Road. 2. 3. IIPON iA cut shall be maintained from Rice Creek /petitioner shall provide a hard surface driveway November 1, 1991. Special Use Permit, #91-06, shall be approved. VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD THE MOTION CARRIED IINANIMOIISLY. � McPherson stated this item will go to City Council on May , 1991. PUBLIC HEARING: AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE ENTITLED� "ZONING", BY AMENDING SECTIONS 205 04 "GENERAL PROVTSIONS" AS FOLLOWS: 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE (AGFS) TANKS A. AGFS tanks are permitted accessory uses in commercial and industrial zonin districts. A1]. AGFS tanks must meet rectuirements established bv the Uniform Fire Code (UFC) and the Minnesota Pollution Control Agency (MPCA) Permits from State Fire Marshall and MPCA must be obtained prior to application to the Fire Department for an installation permit. 1E ; I PLANNING COMMISSION MEETING� APRIL 24, 1991 PAGE 4 B. In commercial zoning districts and for automotive service stations in the industrial districts, AGFS tanks shall not exceed a 1,000 gallon capacity and,[or six (6) feet in height and/or diameter. Use of these tanks is limited to liquid petroleum SLP). C. Prior to installation, a permit from the Citv of Fridlev Fire Department shall be obtained. D. All AGFS tanks shall be screened by a chain link fence with metal slats and shall be no taller than eiaht l8) feet in height, with the exception of LP which does not require fencing. E. The Citv of Fridlev mav reguire installation of vehicle protection barricades for AGFS tanks, dependina on the tank's location on the property. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:36 P.M. Ms. Dacy stated she has been working with Urban Corps Intern, Kevin Meeks, on this ordinance amendment. Mr. Meeks has done all the background research, contacting other communities, and working with her in developing the language. They have worked closely with the Fire Department, and Dick Larson from the Fire Department is at the meeting. Ms. Dacy stated Mr. Meeks has been working in the Community Development Department since January 1, 1991. He is a senior at the University of Minnesota majoring in Urban Studies. Mr. Meeks will be making the staff presentation on this ordinance amendment. Mr. Meeks stated research on above ground fuel storage tanks began when the Fire Department alerted the Community Development Department of a federal law that will require some underground fuel storage tanks to be replaced by the year 2000. Due to concerns of expense and replacement of underground tanks, staff thought this might generate interest in the use of above ground tanks. Staff is concerned about the aesthetic and safety impacts of above ground storage tanks. He stated staff has looked at existing tanks in the City. The Commissioners viewed a video tape of above ground storage tanks at Willamette, Totino Grace High School, LaMaur, and Dow Brand. 1F PLANNING COMMISSION MEETING APRIL 24 1991 PAGE 5 Mr. Meeks stated staff is proposing an amendment to City Ordinance Chapter 205 as follows: 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE (AGFS) TANKS A. AGFS tanks are permitted accessory uses in commercial and industrial zonina districts Al1 AGFS tanks must meet rectuirements established by the Uniform Fire Code 1UFC) and the Minnesota Pollutian Control Agency {MPCAI Permits from State Fire Marshall and MPCA must be obtained prior to application to the Fire De�artment for an installation.permit. B. In commercial zoning districts and for automotive service stations in the industrial districts AGFS tanks shall not exceed a 1,000 qallon capacity and/or six {6) feet in heiaht and/or diameter. Use of these tanks is limited to liauid petroleum (LP). Mr. Meeks stated there has been some discussion about including kerosene and diesel fuel. Mr. Meeks stated the reason AGFS tanks greater than a 1,000 gallon capacity are prohibited in commercial areas is due to safety and aesthetic reasons. The Fire Department believes it would not be safe to have AGFS tanks on small commercial sites, such as automotive service stations, because of the risk of accidents or vandalism that could cause the tanks to rupture. In addition, the Fire Department noted that there has never been an incident in the City of Fridley of an underground fuel storage tank exploding and recommends continued use of these types of tanks. Aesthetically, AGFS tanks larger than 1,000 gallon capacity or six feet in diameter and/or height would be an eye sore from the public right-of-way. C. Prior to installation a permit from the City of Fridlev Fire Department shall be obtained D. A�l AGFS tanks shal]. be screened by a chain link fence with metal slats and shall be no taller than eight (8) feet in heiaht with the exception of LP which does not require FencincL Mr. Meeks stated staff has not proposed vegetation screening, wood, or plastic fencing, as these are flammable materials and therefore recommend only metal chain link fencing with metal slats. 1G PLANNING COMMISSION MEETING, APRIL 24, 1991 PAGE 6 E. The City of Fridley may require installation of vehicle protection barricades for AGFS tanks, dependina on the tank's location on the,property. Mr. Meeks stated the Planning Department has notified all commercial and industrial sites currently using AGFS tanks and have notified all Fridley automotive service stations of the proposed amendment. Mr. Meeks stated staff is recommending the Planning Commission approve the ordinance amendment as proposed. Ms. Dacy stated that since the notice was published, staff has been contacted by owners of existing tanks and some issues have come up that the Commission might want to discuss. Further, staff has received a complaint about the appearance of an above ground tank. Ms. Dacy stated the first issue is diesel and kerosene. They have been notified by at least two property owners who have small 250 gallon kerosene and diesel tanks. The owners asked if those would be applicable under paragraph B. The intent is to limit the size of tanks in commercial areas. However, the size of these tanks are controllable; and, at the present time, staff is taking the interpretation that these tanks would be grandfathered in. At this point, staff does not know if there is a great demand to have 250 gallon diesel and kerosene tanks on a consistent basis, and that might be another exception they could evaluate. Ms. Dacy stated the complaint about the appearance of a tank is the tank behind the Stylmark building on Main Street. Staff is recommending a paragraph F be added: "All above ground fuel storage tanks shall be maintained in a clean and well kept appearance." Ms. Dacy stated there is also the issue of signs. Property owners or commercial establishments may paint advertising on the exterior of these tanks. 5taff is recommending a paragraph G that would state: "Advertising signage is not permitted on ai1 above ground fuel storage tanks." Mr. Betzold asked if the Environmental Quality and Energy Commission would like to discuss any of these issues. Mr. Sielaff stated he would be more concerned about underground tanks. He asked how underground tanks are regulated. Mr. Dick Larson, Fire Marshall, stated that most of the older underground storage tanks are leaking and are a threat to the environment. By 1990, all underground storage tanks that do 1H PLANNING COMMISSION MEETING, APRIL 24, 1991 PAGE 7 not contain a double wall corrosion protection will have to be removed. A permit has to be taken out to remove a tank, and he has to witness the removal of the tank. If he can smell any odors, then an environmentalist has to come out and test the soil. He must also be on the site for the installation of any tank. Mr. Saba stated that maybe the City should be taking some proactive action by requiring soil testing at the sites where below ground storage tanks are located. Mr. Larson stated that every owner of below ground storage tanks is required to keep a record of the total amount of leakage or shrinkage of the product. Once the leakage gets beyond a certain percentage, then it is getting too costly because too much of the product is being lost. Right now, 90� of the cleanup costs for contamination is paid by the Super Fund. Ms. Dacy stated the City also requires a monitoring well - permit when engineering companies want to take soil tests or install a monitoring well to determine the extent of ground water contamination. Staff could provide the Commission with a list of stations that are under investigation at this time. Mr. Larson stated the issue is that because it is very costly to put below ground storage tanks back in the ground, there is the possibility of more property owners wanting to put the tanks above ground. The leaks can be monitored more closely. What they are trying to do is head off any problems before they develop. Mr. Jim Determan, Determan Welding and Tank Service, stated the laws were passed in 1989. By 1999, all tanks must be removed or replaced or monitored. He stated he did not believe the City is going to have a problem with above ground storage tanks. He stated land is too valuable and it is very expensive to install above ground storage tanks. The pollution is the same for tanks above ground or below ground. Mr. Larson stated insurance is also very expensive for underground storage tanks. He did not know about insurance for above ground storage tanks. Mr. Saba stated he would be concerned about any exceptions for above ground storage tanks, particularly in R-1, Single Family Dwelling, zoning, such as the Totino Grace tank. Ms. Dacy stated the above ground storage tank at Totino Grace is the only one in a residential area. The intent of the ordinance is that no other above ground storage tanks would 11 PLANNING COMMISSION MEETING. APRIL 24, 1991 PAGE 8 be allowed in R-1 zoning. Also, under this ordinance, if the tank is ever removed, it will not be allowed to be replaced. Mr. Sielaff stated he is very concerned about all the existing underground tanks around the state that are leaking that might not be taken care of until 1999 because of the lack of MPCA staff. Mr. Saba agreed. He would like to see some action taken that could identify those sites (including abandoned stations) and somehow sample the tanks. Mr. Larson stated the City does not allow tanks of abandoned stations to be left in the ground. Those tanks have to be removed. Mr. Sielaff stated he has seen a lot of monitoring wells in different locations. Are those monitoring wells being reviewed? Mr. Larson stated they are not reviewed by the Fire Department; he believed the EPA is doing that. Ms. Dacy stated the City does not want to encourage above ground storage tanks for gas or other fuels or a substantial size that may cause a danger. The alternatives are amending paragraph B to allow diesel fuel and kerosene, under the assumption that if the tank is 1,000 gallons or less, the City can still protect itself. Mr. Larson stated the code does not address any tanks 265 gallons and below, so the existing diesel fuel and kerosene tanks would be exempted. He did not think they needed to define those in the ordinance amendment. Ms. Sherek stated she thought there should be a separate paragraph that states: "By definition, this ordinance does not apply to above ground fuel storage tanks of less than 265 gallons." Mr. Saba stated he did not want to hold this ordinance amendment up as far as above ground fuel storage tanks. However, he believed the Environmental Quality and Energy Commission would want to know what the existing conditions are for below ground fuel storage tanks in the City. Ms. Dacy stated that �or the May Environmental Quality and Energy Commission, staff can obtain a list of stations that have either updated their tanks and/or have some type of testing in process. Using that list, they can determine what stations or properties are not listed. She believed that 95% 1J PLANNING COMMISSION MEETING, APRIL 24. 1991 PAGE 9 of the stations in the City are in some form of investigation of that process. Ms. Dacy stated that what the City can do above and beyond the EPA, they have a staff limitation and the training staif has had is limited in this area. Staff could research the issue about what gap does the federal or state not address, but she is concerned about enforceability. Mr. Rick Sutherland, Burlington Northern, stated Burlington Northern will be upgrading three below ground stoxage tanks this year. They are working with the EPA on that. They also have a very large above ground storage tank. Ms. Dacy stated Burlington Northern is in an industrial area, and the ordinance will allow industrial properties to continue the use of above ground storage tanks. Mr. Betzold stated if it was only the aesthetic issue for above ground storage tanks, he could live with it; but there are so many competing interests and environmental concerns. Mr. Sielaff stated he is in agreement with the ordinance amendment. There are also environmental concerns with the above ground storage tanks, and maybe they should see if there are any problems with existing above ground tanks in the City. What does the state and the EPA regulate that the City does not? Ms. Modig stated that if there is a gap between the EPA and the State, is there anything the City can do? Mr. Betzold agreed. He stated they should probably be delving into these issues a little more. Ms. Savage suggested staff see if there are any other studies or information on above ground versus below ground storage tanks that could be reviewed. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTiNG AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:45 P.M. MOTION by Mr. Kondrick, seconded by Ms. Savage, to recommend to City Council approval of amending Chapter 205 of the Fridley City Code, entitled "Zoning" by amending Sections 205.04, "General Provisions" as follows: � PLANNING COMMISSION MEETING, APRIL 24, 1991 PAGE 10 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE (AGFS) TANKS 3. A. AGFS tanks are permitted accessorv uses in commercial and industrial zoning districts. All AGFS tanks must meet requirements established bv the Uniform Fire Code �UFCj and the Minnesota Pollution Control Agency (MPCA). Permits from State Fire Marshall and MPCA must be obtained prior to application to the Fire Department for an installation permit. B. In commercial zoning districts and for automotive service stations in the industrial districts, AGFS tanks shall not exceed a 1,000 gallon capacit� andlor six (6) feet in height and/or diameter. Use of these tanks is limited to liquid petroleum tLP). C. By definition, this ordinance does not apply to AGFS tanks of less than 265 gallons. D. Prior to installation, a permit from the City of Fridlev Fire Department shall be obtained. E. All AGFS tanks shall be screened by a chain link fence with metal slats and shall be no taller than eight f8) feet in heiaht, with the exception of LP which does not require fencinc� F. The City of Fridlev may require installation of vehicle protection barricades for AGFS tanks, depending on the tank's location on the property. G. All AGFS tanks shall be maintained in a clean and well kept appearance. H. The only signaae permitted on AGFS tanks. is the identification of contents and/or caution labels. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. MINUTES• MOTION by Mr. Kondrick, seconded r. Saba, to receive the March 4, 1991, Parks and Rec ion Commission minutes. UPON A VOICE VO , ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED TH ION CARRIED UNANIMOQSLY. 1L �k..."�� ..#� �� t �� , . • ... ; POLICE DEPARTMENT City of Fridiey Minnesota OATE �Y 15 , 19 91 FROM PUBLIC SAFETY DIRECTOR, J.P..HIL SUBJECT PROPOSED PAWN SHOP ORDINANCE MEMORANDUM TO • ACTION INFO BILL BURNS� X Enclosed. for first reading is an ordinance establishing a new chapter of the City Code of the City of Fridley, Chapter 31, entitled "Pawn Shops" and amending Chapter 11, "General Provision and Fees". Also enclosed is a newspaper article from the Star Tribune of March 15, 1991 that describes activity, concerns, locations, and fees relating to the pawn shop issue. in7hile pawn shops may provide a beneficial business service for some residents, the nature of the business is conducive to a"fence" operation for stolen items, if not carefully controlled. Within the past year we have received two phone inquiries oh our pawn shop regulations. 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CJ o � E�- H c. 0 ia � 03 za ORDINANCE N0. AN ORDINANCE ESTABLI5HING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY, CHAPTER 31, ENTITLED "PAWN SHOPS" AND AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES" The City Council of the city of Fridley does ordain as follows: 30.01. DEFINITIONS The following words and terms when used in this Chapter shall have the following meanings: 1. Licensee. The person to whom a license is issued under this Chapter including any agents or employees of the person. 2. Minor. Any natural person under the age of eighteen (18) years. 3. Pawnbroker. A person who loans money on deposit or pledge of personal property or other valuable things or who deals in the purchasing of personal property or other valuable things on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. This Chapter does not apply to a person doing business under and as permitted by any law of this State or of the United States relating to banks, building and loan associations, savings and loan associations, trust companies or credit unions. 4. Public Safety Director. The Public Safety Director of the City of Fridley or the Director's designee. 5. City. The City of Fridley, Minnesota, a municipal corporation. 31.02. LICENSE REQUIRED. No person shall exercise, carry on or be engaged in the trade or business of pawnbroker without first obtaining a license from the City as provided in this Chapter. 31.03. INITIAL LICENSE APPLICATION. 1. General. Applications for pawnbrokers' licenses to be issued under this Chapter shall contain information as required on forms prescribed by the City. 2� 2. Nature of Application. The application shall state whether the applicant is a natural person, corporation, partnership or other form of organization. 3. Natural Person. If applicant is a natural person, the following information shall be furnished: A. True name, place and date of birth and street residence address, and length of time at that address, of applicant. B. Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name or names, and information concerning dates and places where used. C. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant. D. Kind, name and location of every business or occupation applicant has been engaged in during the preceding five (5) years. E. Names and addresses of applicant's employers and partners, if any, for the preceding five (5) years. F. Whether applicant has ever been convicted of a felony, gross misdemeanor or misdemeanor, excluding traffic violations, and if so, the date and place of conviction and the nature of the offense. G. If applicant has not resided in the City for three (3) years last preceding the date of application, at least four (4) character references from residents of the State of Minnesota. 4. Partnership. If applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. S. Corporation. If applicant is a corporation or other association, the following in£ormation shall be required. A. Name and, if incorporated, the state of incorporation. B. A true copy of the certificate of incorporation, articles of incorporation or association agreement and by-laws and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes. 2� � C. The name of the operating officer or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant. As used in this Chapter, the term "operating officer" shall mean the person responsible for the day- to-day operating decisions of the licensed premises. D. A list of all persons who, singly or together with their spouse, or a parent, brother, sister or child or either of them, own or control an interest in said corporation or association in excess of five percent (S%) or who are officers or directors of said corporation or association; together with their addresses and all information as is required of a single applicant. 6. Description of premises. A. Legal Description. The exact legal description of the premises to be licensed, together with a plot plan of the area for which the license is sought showing dimensions, location of buildings, street access parking facilities. B. Street Address. The street address of the premises for which application is made. 7. Taxes. Whether or not all real estate taxes, assessments, or other financial claims of the City, State or Federal government for the business and premises to be licensed have been paid, and if not paid, the years for which delinquent. 8. Other Information Required. Such other information as the City Council shall require. 31.04. RENEWAL APPLICATIONS. 1. License Period, Expiration. Each renewal license shall be issued for a maximum period of one year. 31.05. EXECUTION OF APPLICATION. If application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the general partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license and bond shall be made and issued in the name of all partners. Any false statement in an application shall result in denial of the application. 31.06. GRANTING LICENSE5. 1. At the time of making an initial or renewal application, the applicant 2D shall, in writing, authorize the Police Department to investigate all facts set out in the application and do a personal background and criminal record check on the applicant. The applicant shall further authorize the Police Department to release information received from such investigation to the City Council. 2. Each license shall be issued to the applicant only and shall not be transferable. 3. Each license shall be issued only for the premises described in the application and shall not be transferable to a different location. 4. No change in ownership, control or location of a license shall be permitt.ed except by amendment to the license which amendment must be approved by the City Council. 31.07. LICENSE FEES ESTABLISHED. 1. Annual Fees. The annual license fee for licenses required by this article shall be in the amounts as specified in Chapter 11, General Provisions and Fees, of the Fridley City Code. 2. Investigation Fees: At the time of each original application for a license, applicant shall pay, in fu12, an investigation fee. The investigation fee shall be as specified in Chapter 11, Provisions and Fees, of the Fridley City Code. 31.08. PAYMENT OF FEE5. 1. Initial Fees. The annual license and investigation fees for a new license shall be paid in full before the application for the license is accepted. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the Council, the license fee only shall be refunded to the applicant except where rejection is for a willful misstatement in the license application. If any investigation outside the State of Minnesota is required, the applicant shaii be charged the cost which shall be paid by the applicant, prior to issuance of a license, after deducting the initial investigation fee, whether or not the license is granted. 2. Renewal Fees. The annual license fee for renewal of a license shall be paid in full at the time the renewal application is filed with the City. 31.09. BOND REQUIRED. At the time of filing an application for a license,the applicant shall file a bond in the amount of Five Thousand Dollars ($5,000) with the City. The bond, with a duly licensed surety company as surety thereon, must be approved as to 2E form by the City Attorney. Said bond must be conditioned that the licensee shall observe the ordinances of the City, in relation to the business of pawnbroker, and that the licensee will account for and deliver to any person legally entitled thereto any articles which may have come into the possession of the licensee as pawnbroker or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. 31.10. PERSONS AND PLACES INELIGIBLE FOR LICENSE. 1. No license shall be granted to or held by any person who: A. Is a minor at the time the application is filed. B. Has been convicted of any crime directly related to the occupation licensed, as prescribed by Minnesota Statutes, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker. C. Is not a citizen of the United States or a resident alien. D. In the judgment of the Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. 2. No license shall be granted or renewed for operation of any premises on which real estate taxes, assessments or other financial claims of the City or of the State are delinquent or unpaid. 31.11. CONDITIONS OF LICENSES. 1. Records. Every license, at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned, shall immediately record, in a book consisting of ink, computer printout or other indelible medium, the following information: A. An accurate description of the article, in English; and any numbers written, stamped, impressed or engraved thereon together with the name of them manufacturer if the name is on the article. B. The amount of money loaned upon or pledged therefor. C. The date, time and place of receipt of the item. D. The full name, residence address, date of birth and reasonable accurate description of the person from whom the item was received E. The identification number from one of the following forms of identification of the person from whom the item was received. (i) A valid Minnesota driver's license; (2) A valid Minnesota identification card; or 2� (3) A valid photo identification issued by the state of residency of the person from whom the item was received and one other form of identification. 2. Disposition of Articles. When any article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof, interest and charges accrued, the amount for which the article was sold and identification of the person to whom sold. 3. Inspection of Records. The records referred to in this section shall be open to the inspection of Che police officers at all reasonable times and shall be retained by the licensee for at least four (4) years. 4. Receipt. Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles, a certificate numbered to correspond with [he entry in the licensee's records. The certificate shall contain the substance of the entry. 5. Reports to Police. Each licensee shall prepare and deliver to the Public Safety Director, every day before 12:00 noon, on forms prescribed by the City, a legible, correct and complete copy from the records hereinbefore required, and a true and correct account of all personal property or other valuables received, deposited, purchased, pledged, pawned, sold or otherwise disposed of during the preceding day. The report and descriptions shall be signed and delivered, in person, by the person making the report to the Public Safety Director unless otherwise directed, in writing, by the Public Safety Director. 6. Exceptions to Reports. No person shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at an open sale from any bankrupt stock or from any other person doing business and having an established place of business. Any goods referred to in this section must be accompanied by a bill of sale other evidence of open or legitimate purchase and must be shown to the Police Department when demanded. 7. One Hundred Twenty-Day Redemption Period. Any person pledging, pawning or depositing an article for secarity shall have a minimum of one hundred twenty (120) days from the date when the loaner pledge becomes due and payable to redeem the article before the article becomes forfeitable. 8. Minimum Period Before Redemption or Sale. 2G � No personal property on deposit with any licensee nor property purchased by or sold [o, or in any other ways coming into the possession and under the control of any licensee in the due course of business, shall be permitted to be redeemed from the place of business of the licensee for a period of seventy-two (72) hours, nor shall the property be sold within ten (10) days after the copy and statement required to be delivered to the Public Safety Director has been delivered. 9. Police Restrictions on Sale. Whenever the Public Safety Director shall notify any licensee not to sell or permit to be redeemed any articles received on deposit or purchased by the licensee, the articles shall not be permitted to be redeemed or sold until such time as may be determined by the Public Safety Director. Such time shall in no case exceed the period of six (6) months from the date of such notification. 10. Payment by Check. Payment by licensee for any article deposited, left, purchased, pledged or pawned shall be made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a , financial institution. - 11. Posting License. All licensees shall post their licenses, in a conspicuous place, in the licensed premises under the licensed activity. 12. Responsibility of Licensee. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, shall be deemed the conduct of the licensee. 13. Penalty for Property Owner. It is unlawful for any person who owns or controls any real property to knowingly permit it to be used for pawnbroking without a license required by this Chapter. 31.12. RESTRICTED HOURS OF OPERATION; MINORS. 1. No licensee shall be open for the transaction of business on any day of the week before 7:00 a.m.or after 10:00 p..m. 2. No licensee shall purchase or receive personal property, of any nature, on deposit or pledge from any minor. 31.13. INSPECTION. 1. Stolen goods. Any licensee shall, at all times during the term of the license, allow any police office to enter or inspect the premises, where the licensee is carrying 2H on business, and all records pertinent to the operation of the business for the purpose of locating goods suspected or alleged to have been stolen. No licensee shall conceal any article in his possession from any police officer. 2. Inspection by Claimed Owner. All goods, wares or merchandise coming into the possession of any licensee, under the terms hereof, shall at all times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have had any interest therein when such person is accompanied by a police officer. 31.14. CORPORATIONS, PARTNERSHIPS OR ASSOCIATIONS. 1. Licenses issued to corporations shall be valid only as long as there is no change in the officers or ownership interest of the corporation unless such change is approved by the Council, in which event said license shall continue in force until the end of the then current license year. Failure to report any change in stockholders, officers, or managers shall be grounds for the revocation of all licenses held by the corporation. Every corporation licensed under the provisions of this section shall adopt and maintain in its bylaws a provision that no transfer of stock is valid or effective unless approved by the City Council and shall require that all of its certificates of stock shall have printed on the face thereof: "The transfer of this stock certificate is invalid unless approved by the City Council of Fridley, Minnesota," and failure to comply with this provision shall be grounds for the revocation of all licenses held by the corporation. The provisions of this section shall not apply to the issuance of any license to a corporation whose stock is traded on a public stock exchange. 2. Licenses issued to associations or partnerships shall be valid only as long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the Council, in which event said license� shall continue in force until the end of the then current license year. 3. Corporation, partnerships or associations shall submit written notice to the City of any such changes described herein on or before thirty (30) days prior to the effective date of any such change. In case of a corporation, the licensee shall submit written notice to the City when a person not listed in the initial application will be acquiring an interest and shall give all information about said person as is required of a person pursuant to the provisions of this Chapter. 31.15. REFUSAL, 5USPENSION OR REVOCATION, 1. It is unlawful for any applicant to make a false statement or omission upon any application form. Any false statement in such application, or any omission to state any information called for on such application form, shall upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto, void. Prior issuance is no effect to protect the applicant from prosecution for violation of this section or any part hereof. �' 2. The City Council may suspend or revoke a license issued under this Chapter for operation on any premises on which real estate taxes, assessments or other financial claims of the City or of the State are delinquent, or unpaid. 3. The City Council may suspend or revoke a license issued under this Chapter upon a finding of a violation of any of the provisions of this Chapter or any State Statute regulating pawnbrokers. Any conviction by the pawnbroker for theft, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. 4. Except in the case of a suspension pending a hearing on revocation, a revocation or suspension of a license by the Council shall be preceded by a public hearing. The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. 31.16. PENALTY. Violation of any provision of this article shall be a misdemeanor. CHAPTER 11 GENERAL PROVISIONS AND FEES. Section 11.10, Fees: is amended to include the following pawnbroker license. 31 Pawn Shops $8,000 Investigation Fee $400 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , i991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR 2J CITY OF FRIDLEY M E M O R A N D U M TO: WILLIAM W. BURNS, CITY MANAGER FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATIONS FOR THE CHURCH OF IMMACULATE CONCEPTION IN THE RNIGHTS OF COLUMBUS HALL DATE: MAY 7, 1991 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for the Church of Immaculate Conception in the Knights of Columbus Hall at 6831 Highway No. 65. The Public Safety Director, James P. Hill, has approved the gambling permit. The Minnesota State Statutes requires the adoption of a resolution approving or denying any type of gambling of permit. 3 RESOLUTION NO. - 1991 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MiNNESOTA LAWFIIL GAMBLING PREMISE PERMIT TO THE CHURCH OF THE IMMACULATE CONCEPTION WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Church of the Immaculate Conception; and WHEREAS, the location of the Premise Permit is the Knights of Columbus Hall, 6831 Highway No. 65 Northeast; and WHEREAS, the City of Fridley has not found any reason to restriet the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to the Church of the Immaculate Conception. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 3A WILLIAM J. 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' �/�'lO�C'% - A.�%� l�;q _ Name and Adckess of . _ , ` . ' ;' Legal Ouvner of Prertiises . ; , �U�� I�f<" ffv�L! �iSSoC.; . �� Does the organ�tion own the �buld�ng where the gambGn vi � � �,;, r � , 9 ; S , . NOTE Oiganizatio�� may not pay themseives ,`rent �f ti �� + in�Ll� JIIOw�n �ie� ..a,wi fi �+s 9 paYmer�ts as zero f om b!'� ��f -.,��, ,.z � � r r �:_ : . . .. . � � r 3tate r: ZP �� ` ., � _ �-,:�/��L,�L�'y �-J,t%... �'J J� ?�� s ��st , ` ;�.� �', -� �: " ,, . „�, ; _ , ,,,:. , r � gam ing .�,�t��:,� : �n � y�,+�uor�-s�rro�arrt�rcompany;DWfIS ItiA;4ify@�711SAS ��'7�IA'��' � , . ' ^'� , �,„�,�� ,. ,�. r�lt`,Ts � ;)c=t1 �� "j�+jtid�,� � �F3 _' ,��' .i? .t�:S. ''��?'f3"� 3�� jLY� �TE`f'`e'"`"�� ' Y..a. i��. :t ,- � . � cer � � � � letter�musf be s�;,ned :� the �chief execut�ve � �� 3 �. , f �.�' if NO, attach the foitow�ng: - f�� r L �` ��r ��'; a �, �:*, '* a copy of the lease witti terms ;for one year. �; � * a copy of a sketch of;the floor plan with dimensions, showir►g wt�at portion is being teased: . A lease and sketch are not required for Class D applicantio�s. �;. .,'_ ' 4 i5 � Rent: �- � j �, ��; For gambling wdh bingo `$ lJ0 `�� `� Total uare foo ' k � ' f - ; sq #age leased ..�� 7 = �:� � E I . 4. . ; . � ` � T F a '� � ' � � ; � y i �F-'� ti � r � t1� c� x i r � . . . � :fG � '�� ; .4;: � y +. � ,� . ;: u+ �� .�..r y ' For gambimg wdhout`bingo �:; $ - � � - Total �square footage ieased, 7 � : .. . � ,., _ , , ; , . , „r t_ Address of storage space ot gambling equ�pment h ,�{•: � ; � Address , ,, Cdy • � � � �i �� State 4 } ' TrP:code " � � s rS _ a3 / G� iS/w `� � � ✓lid , � ��i1%'J.: J ,. , h „ '`6S'SL� ... ..3... , { ., ti>�z,..,.... .�>. :,,: , � .. . .. :. . .. : . . . . . . .. . . . . ... . . : ..:`:: .. . . .... . . . �� t ;��t�..;�::;��..�.��..�'�...Y.A..;;�t:.::;�,�t..�.x .. . {eac permitted gambling prem/ses must�have a separate chec ng account �� r, �� Bank Name - _ _ i ` ;. � -; , B�nk'Acoount Number '- .�% �� S�'�. rr- A.v� �� vo ��G/ Bank Address . .,.C�tY State �p �� ,�9�5� c�t�.vT.P�� 'A (%. .�/. c:". Ca�4�i��3i/,� /f�G��Ts �.. . _ ��✓�I•r.� �:� �,/Z,� r: - , �` 3C V LG214 . : � �; • ,, a � � r �rc� ; 3 � 4.r a s � � a � }.c�j.,. ,��v � /��,� ' y� � � , 3 � tG. . � �/ �R +. /.� � * �. ._ - �i'4,�r � ?; �fa au � :�:r`� � t�lI1�LQ iif�{W�� V{�i�fiiJ��9 �J� i� . ' -` a r ) .� � �i � � � ... ,- � � Y p�: ;�� ,�Premise �Peraiit Application - Part 3 � ' ' �� . . . l,��tt, ;t� � Y:�j'� � �{ ^' . n CpYa �r 1 S_ ` Z ... � .... ��M� � r � � '4'_ . �i ,y : fi .. t .dyrt� I' Y i �.° .i,'_d 1'� ;4 Y:: ' . . . . ., .. .,. , ., ., ., . � 'i;: ! . - ceao-x�` � . {.-R�:. � "� NJ � . i .+A.r �r ✓ � ,.w r . ., . . y, r _. ; c • . �-." '�a y ':t i . .t .. : � r�'#. � �rµ��.,d � .<^ ' � +y-�,; f ��, �r � a �n '` Y. Y�,+ �.. t : � � � ., � �. r� � '� a�' . ,.,r { : �. � :. � ' � i ;. ��t�$r_,j� e ��.h ,� Z " "+ � y "z` . y�„� i, . ,� .._ �. ��: ..: $'^'�i. �F�` '�a w.��i?"�M"�Y� � 7t ,itsu �� ri` t oFi�w '„�`'1"�� '�lrJ �.. r � _ �.�s�Cr F � ,��y x�8'�. +}3" ��'=' ' �.t... Gambling ite thorizatioa + :- < � �� r 3'._ � „ ��h „ ��' ��.,,, • ' � :»,^� . ,E�.ia,.r�..�w2hr.�Zess 4s»^ r;:,. w�e� : . .t�a ' ._ �„_�r�,'� "-'1�:;�5.`�.v�iiiii�- - - •t... ..L:�s.r.:.x �dY.x�#�.'-,�-� �..�.�n.� .�r �`�';.Y: � �a� ^°`�„��f . iAi..�a?��'�' _�'� '�.�, .�� ...3� ... �g s � ��t� ,. ._ �' �.: a�. ; '�°�'�"�w-5t!� 4 ..'�'+^'TsF��xa S �*'f' -��r�'�+"...+a`��i'�� K �rd - � . � • ey � K j{ � d ex � 'r �p } �+ -: a- r�[ . .� i r ``� r �, _ S' 'c-�.; `�, � � ��, 'k 11it.�l"� . �' P�x 'H` T '' �'r� .t.. . :,r '.>Y � ��°F''a� %, ?. i:. l� frY � _ S {t� f ! '- . 3h<?'� � : f - Y. 7� '.,N,ti �f '? 3 � 4 �'- 7 F .� iv.. . .. . ...:.5 k.y A.?y..� a. ��; _ " .. 7 i � , L�'i�i'.j� x'�' . � '�t ';' � } %f.. Y T � a .'. � Bank Records:Information' L �F > r}� y� r`-i�� -�t � ,4� 1 6 � t The board.is authorized to,insped the bank reco�dsbf ttie gambling'account whenever necessary to fulfill , . , . -. �e uirements of cuirent � " , = _ �:. - q gamblin rules and law: '; . :: ,-- . . ,; 9 . >, . _ , - 1 dedare that .; . �. . ., , ' -. - . � . ��.. .. . '�. . � . . , ' r . . „�' . . , __ :. ' ��.. ', ,:. �._ '_ - . . � . � � t - � ,. � . 1 have read this applicatio� and all informatwn submitted to the board;' y � �. 4 i{ '± . � . All infortnatwn �sfitrue, aocurate and comQlete; �� ,' ��'�� , ` , £ � i ` ; , AI(�therieqwred informa�on has�ee� fully�d�sdosedir�.,�� < � ;;; "` � , �.�-�,�� `.� , : h'�, ` �'�; �,.:� �.�� `; _ ,1 am 2he chief execuUve;��:V1 �11e QigW�1l�a1Q�� j �R�.h A Y'£f 3f G� ��n:'iE% � � i � ��f`Y`. �+ ; Y t �,'- � f�'� ." . e ,. -� , .. �-i" . ' " 4b�4nii°Y1e iAi n� }l %1 Y {t^FJ.� . . .. .�r ,C�f :;a�,`b� -' s'..z ,�'� i,�.'��,e.�,,� .: i' 't W i:.. .` ` , y� . ,. �c': - .�. +�, _ .I assume #ull .responsibil`ity fo�•ihe fa�r �nd i�awfui gambling and rules of the board and agree, rf licensed, �. :- ,��•�- ,. = " to abide by those'laws and ruies, �nduding amendments to"them, - �-, : �� A membership list of the organizatbn will be aVaulab(e within seven days after it is requested by the board;� . � . . . . . . . , .., . . , ` . , Any.changes in application infomrtatwn w�ll be`§ubmitted to the board and local government within_10 ` _ days ofi the change; and ;}; � < t `" _ : , . � A terminatian plan will be submitted to`the board within 15 days of the termination of all premise pe�mits. � �, Failute to provide required information o� providing false information may.resuft in the deniai or revocation of the , ; Gcense. . • ¢::_ - Si of ch' f execu6ye ` ; *- = _ . - � : Oate -��..� - u � _ —' � _ . ' s � ` . S' � , ?ttf2.`";n:'°"�-..��f.°�='.�.t�i� f �` : . l . . • :r } /�� .�[ y{� . .. �{�t .. , . . J�e*`.2v�Ji,o..�iti'.$G'.Pt ',?c¢i+e�VFYn2$3J.�' .. . �t� M . . :'�ti. >iS:q�rR�2d'n9 �.. ..:4?�7 ?%Xk3�tt'+i . �... . . . . . ..... . . .. . . , . . . .., . :. , ._ .. . ,. , ., . . . ;.. . . . .:.i�.. :.. ��,�. .-�� --. _ .. 1. The city;'must sign if the gambling p�em�se`s is locafed within�" city limits � 2. The courrty "AND township" must sign"if the gambling premises is located within a tcwnship. �.; 3. The bcal government (city or courrty) must pass a resolution specifically approving o� denying the appiication. 4. A copy qi the resot�tion approving the apptication must be attached to the application. ":- 5. Applications which are denied by the.local goveming body "should not be submitted to the Gambling Control Division. Township: By signature below, the township adct�owiedges that the organization is applying for a premises permit within township limits. . ; City' or CoUtttY" ; , TownShip". _ ... . _ _ . - � - . _. : , ..,, _. . _: , :; . ,: „ ,, City or Counry.Name ' x,-. ��:� �.. Township Name � �; _ ` . ,:' .. , . . , _ <, . :.: . �. � Signatu f. o- rece ap 6on � e< a�,�� , ��;: SignaWre of person receivi�y ap�'�cadon � t � ' :� R � � . - . . . . . F . Title /' Date Received ' Title . Date Received : ��G(�t� — �i rson nng p on o govem�ng body _' Date ;:_ ,, _- Q Is township: Q Organized Q Unorganized ❑ Urtincorpotated Refer to the tnstructions for the required attachments " Mail to: DepaRme� of Gaming ` Gambling Control Division • �� Rosewood Plaza South, 3rd Floor 1711 W. County Road B Roseville. MN 55113 3D LG202 (i vt a�so) Minnesota LawfuI Gambling Lease Agreement ..........:::::: :.. �::. _:::::::: :.:::: :.::: ::.:::. �:::::::::::::. ... .....-�..... <::<:<.:: �:::<::><:>::::::�:;:::<:: :::�::;:>::.;;:,::;:;::> >::�::�:�:� �:::»::>:::<::::r:: ::><$:>>;:::�:�:>:<� �::: :::::::: . :.: : .:: :: . :: . y. :,: ; ;.:•,.:...:: :.,::•:::•>::�: :r:;:.,•. �.. ,.::::: �::::: .......: .: , ...........: ... .... .. .. ..:.: �:.:i�.;:.::.: : :.:::. �.:..>�:::::::..:.;.. ::.::.:...:•:.�.>:;:.:.�.�: :..:�::::.�::.:•. �:�.'•.'<:::;•`:�:•`:�i::.'::.:;,;::;:;:�: ��%:':�>%'?::;f-:;!::';2�:::.a t..::.:.. :.:. :.:..............:.. ... :. :,..:. Prem�.s�s Informatroit::::::: <.;: :<. 3 :.::.:.,:.::..:::.:><::. .:: ;;.. _. _ Name and Address of Lessor Address City2ip �h ° � o� . Name of �egal Owner of Gambling Premise Address �n,� -��, aP °.olu (�us �� Name f Organiz n Leasing the Premises (lessee) S �n��( �!� City2ip Code Phone License Number, 'rf known The lawful gambling activ'tty which the otganization will conduci is (check ali that applyj: � bingo � raffles � paddiewheels � puii-tabs � tipboards Rent Information �see au�es �sso.00so, Subp 3) Class A and C pramise permits: Rent for bingo and all other gambiing aciivities conducted during that bingo occasion may not exceed: $200 for up to 6,000 square feet; $300 far up to 12.000 square feet; and $400 for more than 12,000 square fest O� Rent to be aid er bin o occasion D � ��-��4 Z C1ass B and D premise permits: Rent fo� gambling activities not including bingo may not exceed $24 per square foot per month, with a maximum of $600 per mooth. Rent to be aid er month $ Rent may not be based on a percarrtage of receipts, p�ofits from lawful gambting, or on the number of participants attending a bingo occasion. An organization may not pay rent to itself or to any of its affiliates for space used fo� the condud of lawful gambling. The area leased within the premises is � a fest by ��_ feet, for a total of �_ square feet feet by feet, for a total of square feet. feet by feet, for a total of square feet. Attach a sketch which idertiifies the location ot the leased premises when a portion of a building is the leased premises. That sketch must include the dimensions of the leased premises. _ The lease will go into effect at 12:01 a.m. on y�,�.�__ 19 q\. and will end at 12:00 a.m. on ��3d 19 �, for a period of one year. � The bingo occasions will be h@Id: � from (hours).�;�_ (a.m./ .�r�) to �b'. � (am� on (days of week) from (hou�s) (a.m./p.m.) to {am./p.m.) on (days of week) from (hours) (a.m./p.m.) to (am,/p.m.) on (days of week) from (hours) (a.m./p.m.) to (am,/p.m.) on (days of week) from (hou�s) (a.m./p.m.) to (am./p.m.) o� (days of week) from (hours) (a.m./p.m.) to (am./p.m.) on (days of week) from (hours) (a.m./p.m.) to (a.m./p.m.) on (days of weekj 3E Bp ag�reeing to the terms of this lease, it is mutually agreed that: • When leasing from a licensed bingo hall, the lessor must be legal owner of the property. • The owner of the p�opetty or the lessor may not manage gambling at the premises. • The lessor of the premises, his or her immediate famify, and any agents or empbyees of the lessse may not participate as players in the conduct of lawful gambling on the leased premises. • The lessor and the lessee do not have a direct or indirect financial inte�est in the distribution or manufacture of gamb(ing equipment. • The lessor of the premises will allow the Board or agents of the Board, the Commissioner of Public Safety or agents oi the commissioner. or the Commissioner of Revenue or agents of the commissioner, and law enforcement personnel to insped the premises at any reasonable time, and permit the organi2ation to conduct lawful gambling at the premises according to the terms of this lease. The lessor may not impose any conditions on the organization regardi�g distributors of gambling equipment, services, or the use of profits. • The organization must obtain a license and a premise permit from the Gambling Control Board. The organization will be responsible for complying with the laws and rules of lawiul gambling. • The organization must have, at the gambling premises, a current inventory of gambling equipment, a sketch with dimensions of the premises available ior review, and a c{ear physical separation or divider between the lessee's gambling equipment and the lessor's business equipment. • • The organization will be responsible for ensuring that the lessor's business activfties are not conduded on the leased premises. • If the lease is cancelled prior to the termination date of this lease, each party agrees to notify the Gambling Control Board explaining the reasons for the cancellation. The lease shall be terminated immediately for any gambling, liquor, prostftution or tax evasion violations occurring on the premises. • The lessor of tfie premises sha11 provide the lessee ac:cess to the licensed premises during any time reasonable and necessary to conduct lawful gambling on the premises and as agreed upon in this lease. •(Write in any other condftions or restrictions thai will be included as part of the lease. Attach additional sheeis 'rf necessary) This lease is the total and only agreement between the lessor and the organizaiion conducting lawful gambling activities. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters retated to this fease. (Any changes in this lease must be su6mitted to the Gambiing Control Board within 10 days of the cfiange.) _" ` �%�t�--c.cY' ,-'� ��'L �-_ �� i 7� Date S��-7.- A copy of this lease and sketch with dimensions must be submitted with the premise permit application renewal or when changes occur to: Department of Gaming - Gambting Control Division Rosewood Plaza South, 3rd Floor 7771 W. County Road B Roseville, Minnesota 55113 3F I 1 � . � � � r , ��;,i��; �. , ' i I I I I I � , � � , ; ; _ , , ,_ ___.___- ,� � � �� , .,� , � , , , � i� , ; � � � � � ! ! I ' I i � 1 � ' � I � ; �� ; i ' I � `- ; ; � , f . . . . . , , , , ; r , , . -r--�--�-- - � � ' I 1 � � � I i i , i i ' i i I i I ! � � I I 1 � I� I '� I! � � ' � '' � i i I� � I' { I! I' � 1 i i;� i�- 1 � 11�; ! I.� i I I I I i I I i i i', i � Ii �111�i1� if ��Ili I � ' I" �I I i i j i i(+ � i; �� I� � r i i i t I � ! I 1: i I I � I i j i�; i-! � i i j � i � I ! i + f � ; � � � ; � ! ; ; � : ; �� : , -� ' , , � � � � � i i , , I 1 ( I � � i � j � � ' ' � � � i , ; � � I � � I 1 ' j I I i � I � � ( ! i i I � ; +— �— i i- •—T– � i ! � ' ; I i I i i + i I i ! i ? i t i � j j ' _ � � ` � I '� j , J � ; I 1 I � ! � � � i � � � � � � � � °tt ' � ' ; �` , i � � � � .�� ; � ; � � i i � i i i ; j i, j ; ! ; ; i ... 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I 1 ; ' � . � . . - i - - . � i . � i . . , 1 . i � � . , 3 ; I i ' f � � . � -�_1 ( � � � 1 � � 1 � 1 ' 3 1 1 �'_�r. �� ; �-r- ' •'� 1 ' 1 f � � 1 � -1 1 ; �, � ; 1 , � ; , , ; � ; � , ; ; ; i � ;� r i - f +--� ' 1 , � + - ; - + ' �; i -�' 7--; - i ;• -'- - - - + ; ' - � � . i • . � , �1-•- --r--* - - 1 , � � i 1 ! � I � � I 1 ! ! ! I 1 i � ' ! ' —~',�— i _.._�� i ; i j � � f � i ' � i i 1 , � ��. � ; . .� . i � � ! I i I � I � � � f 1 i ( i � 1 � - i � i � I } : 1 ! I 1 I I . ! , j � —�--t-' :'- - i � ! � � � . . 2 � � _1 _ ' - ' - •- � " - -• --... . • - - - � - - - -__.;___ - I . - -- -* - - ,;, ;rl � �� I � i � i� ~�� + � :�; ii; i � ! � i I ; I I��'I � , ,! ., + , � - � I �, I. I � i I t,. -.-.�-- ! � I 1 I i I i iili 1 �� i � I � I I i i I! � I i� �;, � � ' - � � � � ! f -`i-�' i �� ,I I I. I � I ; � . � ! I., I. �� I I � � . I � � ; � � i I r I � I 1 �� -- —�� a�.. - ��1� �� Esi��_ ��U��O� CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 8, 1991 M Mw� N �r M ti M N �r �r MIr tiwrN ti w�MNw�M IYwrMMtiw N MMtiMMIrwr w� M MMNNIrMI�tiw M wrNtiti�N wrw�rw� wr tiM M NMM M CALL TO ORDER• Chairperson Betzold called the May 8, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL' Members Present: Don Betzold, Dave Kondrick, Dean Saba, Brad Sielaff Members Absent: Sue Sherek, Connie Modig, Diane Savage Others Present: Barbara Dacy, Community Development Director APPROVAL OF APRIL 24 1991 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the April 24, 1991, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Amending Chapter 205 of the Fridley City Code, entitled "zoning" by deleting and renumbering consecutive sections of the R-3, General Multiple Dwelling District Regulations: 205.09. R-3 GENERAL MITLTIPLE DWELLING DISTRICT REGULATIONS 5. PARKING REQUIREMENTS D. Design Requirements. 7. PERFORMANCE STANDARDS �te-��i�ew�t�g s�lz�_---�i a � ~.., .... : '- e�i �€ � PLANNING COMMISSION MEETING. MAY 8, 1991 PAGE 2 i � � n .. a � ; .,. „ a � ...,. a ... ........ : � ,,. �.. ., i i . >+. ..„a � �,. ,.. � .� � vv�.auyaay -c:aa � l � � e��s� � / I / / I • ��e�-�i _-�--r�ei-�-]fe� �-=='='==---- -� , v'u�uir�i6-`�S , c1�3�9 � 9�---��l��—J�" .• �rzrri—pc These sections are in conflict with the recently adopted Ordinance #960 and should be deleted. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. Dacy stated that in the processing of the new landscape ordinance, staff failed to delete the above two sections of the R-3 zoning code. The sections to be deleted conflict with the newly adopted landscape ordinance. Staff is recommending approval of the ordinance amendment. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. MOTION by Mr. Sielaff, seconded by Mr. Saba, to recommend to City Council approval of amending Chapter 205 of the Fridley City Code entitled "Zoning" by deleting and renumbering consecutive sections of the R-3, General Multiple Dwelling District Regulations. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. � � PLANNING COMMISSION MEETING, MAY 8, 1991 PAGE 3 2. DRAFT OF THE WATER PORTION OF THE SEWER AND WATER PORTION OF THE COMPREHENSIVE PLAN: Ms. Dacy stated the Water and Sewer Chapter is one of the chapters the City has to amend according to a Metropolitan Council deadline. The other chapter is the Transportation Chapter. Ms. Dacy stated the content of the water portion is based on the HNTB study that was recently done. She stated she would welcome any comments or changes to the draft. She noted that in compliance with the City Council's wishes, the draft will be forwarded to the City Council before or at the same time the other commissions begin their review. She stated that the information does not contain any goals or policies; those will be added after discussion with the City Council. Mr. Betzold asked if the City knows what other neighboring communities will be doing for the water portion. It might be a good idea to get some studies from other communities that would give the City some comparisons. Mr. Sielaff stated that in the Hydrogeology portion, staff might want to consider ground water sensitivity. Ground water is more sensitive in some areas than in other areas. Fridley is probably one area where sensitivity could be a big issue. City staff might want to contact the Department of Natural Resources (DNR), because the DNR is starting to do sensitivity mapping. The DNR might also be able to give staff some insight on the criteria they are using to determine sensitivity. Mr. Sielaff stated another issue is wellhead protection. There is a federal program, and there is now funding for the state for wellhead protection areas. There is a glacial drift well in the City, and that would be particularly susceptible to wellhead contamination. Wellhead protection is a type of land use plan, because it restricts certain types of development around municipal wells. So, staff might want to check with the State on wellhead protection. Mr. Sielaff stated that regarding Item IV. THREATS TO WATER SOURCE, staff might want to inventory sources in the City that could be possible contaminant sources. Gas stations, such as the underground storage tank situations discussed at the last Planning Commission meeting, are sources of contamination. Mr. Sielaff stated that regarding water conservation, does the City want to consider restricting water to large water users. It is not an important issue right now, but during a drought, it is very important issue. Water during a drought is becoming a greater concern throughout the Twin Cities area i � PLANNING COMMISSION MEETING. MAY 8, 1991 PAGE 4 because aquifers are being pumped more and more and not recharging enough to keep up with the demand. He is talking about the long term, and are they taking water away from future generations? Mr. Sielaff stated a question he had was: How does this water portion tie in with 509 planning? Both the Rice Creek Watershed District and Six Cities Watershed District do 509 planning. Ms. Dacy stated that is separate, and it will be addressed in a separate chapter on storm water. Mr. Betzold stated that regarding water contamination, do they clearly know what course of action the City would take if they know there is contaminated water? They should have a plan of action in place. Mr. Betzold stated that regarding water conservation, a sprinkling ban is good; but they should also come up with other ways to enforce conservation. He would like the City to know ahead of time what their priorities are for restricting water. Mr. Kondrick stated that because of the severe drought situation in the State of California and the innovative ways the state has had to come up with to conserve water, that would be a very good source of information. Mr. Sielaff stated the City might also want to identify the large water users in the City. Mr. Sielaff asked about other parameters in the drinking water supply. Lead has been made a big deal by the E. P. A. Has lead been an issue in the City of Fridley? Ms. Dacy stated lead has been addressed. She will update the Commission,on this issue. 3. DETAILED OUTLINE OF THE SEWER PORTION OF THE SEWER AND WATER CHAPTER OF THE COMPREHENSIVE PLAN: Ms. Dacy stated this is just an outline. Staff is still gathering information. As compared to the water issue, there has not been a recent sewer study done since the last decade. There may not be a need for one, because they are servicing almost the entire city. She believed the big issue from Metropolitan Council's standpoint will be the infiltration/inflow issue. Mr. Betzold asked if the City has a plan for inspecting all the sewer lines in the City so they know when sewer lines are 4C P_LANNING COMMISSION MEETING. MAY 8, 1991 PAGE 5 in need of replacement or repair. Is this something that should be in the Comprehensive Plan? Ms. Dacy stated it might be a strategy, but she did not think it was the intent of the Plan to have that done and to hire a separate consultant. She will discuss this with John Flora. She stated if there is a plan, it is an in-house policy as far as the Engineering Department is concerned. A typical replacement line would come up through the Capital Improvement Plan. Mr. Sielaff asked what kind of position the cities are in to determine sewer user charges. Does the City have any leverage at all? Ms. Dacy stated, no, that is established by the Metropolitan Waste Control Commission. Mr. Sielaff stated he has always had a concern about the Metropolitan Waste Control Commission, because he did not know what kind of oversight they have as to what is a fair fee. Maybe the cities are not getting such a good deal. The City might be paying too much. Mr. Sielaff stated he did not know if the City gets involved in pretreatment or not. Mr. Sielaff stated another concern is hazardous waste. He did not know if hazardous waste in the sewer system is a problem or not. Some time in the future, they might have to deal with hazardous waste at the source. Mr. Saba stated there is the issue of "gray water". California is dealing with that issue right now--whether to allow the diverting of bath water, dish water, and laundry water outside for use in watering lawns and gardens instead of the water going into the sewer. Ms. Dacy thanked the Commissioners for their good input and comments. 4. RECEIVE APRIL 1, 1991, PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the April 1, 1991, Parks & Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. 5. RECEIVE APRIL 4 1991 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• � , PLANNING COMMI83ION MEETING, MAY 8, 1991 PAGE 6 MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive the April 4, 1991, Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 6. RECEIVE APRIL 4 1991 HUMAN RE50URCES CONIlKISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the April 4, 1991, Human Resources Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. ADJOURNMENT• MOTION by Mr. Sielaff, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the motion carried and the May 8, 1991, Planning Commission meeting adjourned at 8:09 p.m. Res ectfully submitted, Q;� Ly e Saba Recording Secretary 4E r � � . Community Development Department PL�ANNING DIVISION City of Fridley DATE : May 16 , 19 91 � b. TO: William Burns, City Manager �•, FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Public Hearing for Landscape Ordinance Attached please find an ordinance which will delete two sections from the R-3, General Multiple Family regulations regarding landscaping. In our processing of the new landscape ordinance, we failed to delete these two sections of the R-3 zoning code. The sections to be deleted conflict with the newly adopted landscape ordinance. The zoning ordinance requires that the City Council hold a public hearing for all ordinance amendments. Staff recommends that the City Council set the date of the public hearing for June 3, 1991. MM/dn M-91-345 � Notice is hereby given Fridley City Council University Avenue N.E. the purpose of: PUBLIC HEARING BEFORE THE CITY COUNCIL that there will be a Public Hearing of the at the Fridley Municipal Center, 6431 on Monday, June 3, 1991 at 7:30 p.m. for Amending Chapter 205 of the Fridley City Code, entitled "zoning" by deleting and renumbering consecutive sections of the R-3, General Multiple Dwelling District Regulations: 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS 5. PARKING REQUIREMENTS D. Design Requirements. . 7. PERFORMANCE STANDARDS . �,...,,, � .. wa �_ @r'i5--e�--�ii�5�-'��—�Gcrt ..._...�..,, ..._..^a i i r i - /1\ Tl l .. .�L...l 1 L.. ;-'i ---- ��r_e ------- `r'YC1STl (�P 63i1tP7'��1(�l � l t i Pa __ ld:lY'E� -E-$ E-9in�iic�9z-�j3e�i9 � i - i - i These sections are in conflict with the recently adopted Ordinance #960 and should be deleted. 4G Page 2 Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: May 22, 1991 May 29, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 4H 1_.._J U �— _� Community Development Department G �YVISION City of Fridley DATE: May 16, 1991 � �. � TO: William Burns, City Manager �• FROM: SUBJECT: Barbara Dacy, Community Development Director Establish Public Hearing Date for a Rezoning, ZOA #89-04, by Ashland Oil Company It is my understanding that the City Manager's office has been notified by Jerry Brill, the attorney for Ashland Oil Company, to place the rezoning request regarding the Rapid Oi1 site at 5701 University Avenue on the City Council agenda. On November 13, 1989, the City Council voted to continue the public hearing on this item until the results of the soil samples being taken at that time have been submitted. Staff recommends that the City Council establish June 17, 1991 as the public hearing date. Attached is the staff report that was considered by the Planning Commission and the City Council in 1989. The rezoning request is to rezone a 40� x 140� vacant parcel east of the existing Rapid Oil facility from R-2, Two Family Dwelling to C-2, General Business. BD/dn M-91-342 5 _ � STAFF REPORT APPEALS DATE CI��F �A�� C��0� oTb r 23ep��8�er 27, 1989 FfZlDLEY CITY COI�VqL DATE : November 1'3, 1989 A�Hpq BD/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SlZE DENSITY PRESENT ZONING ADJACENT LAND USES 8i ZONNG UTIJT�S PARK DEDICATION ANALYSlS Fl�tANCtAL �APLICATiONS CONFORMANCE TO COMPREHENSNE P�AN COMPAT�ILITY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIOERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATlON PLANNUVG COMMISSION RECOMMENDATION ZOA #89-04 Ashland Oil Co. (Rapid Oil) To rezone Lot 4, Block 6, City View Addition, from R-2 to C-2. 5701 University Avenue N.E. N/A N/A C-2, General Business C-2 to the north and south; R-2 to the east; University Avenue to the west. On site. N/A Within a proposed HRA redevelopment area Yes Yes Potential soil and ground water contamination Approval with stipulations. . Staff Report ZOA #89-04, Ashland Oil Page 2 REQUEST The petitioner is requesting a rezoning for Lot 4, Block 6, City View Addition from R-2, Two Family Dwelling to C-2, General Business. The purpose of the rezoning request is to make additional property available in order that the reconstructed Rapid Oil facility west of the subject property can meet the required setbacks and requirements of the C-2 zoning district. SITE The subject property measures approximately 40� x 140� and was originally platted in 1887. The property is currently vacant and is bounded on the west by the existing Rapid Oil facility, and to the east by a vacant single family dwelling. Both properties are owned by the petitioner. The property is a double frontage lot, with 57th Place along the north side and 57th Avenue along the south side. ANALYSIS In reviewing this rezoning request, the City should evaluate whether or not the intent and the uses permitted in the C-2 district would be compatible with adjacent zoning and uses. The C-2 zone exists to the north and south of the site along the east side of the University Avenue frontage. The intent of the original zoning pattern in this area appears to be to provide areas for local convenience uses for the neighborhood to the east of the commercial frontage as well as to provide commercial services for the travelling public along University Avenue. Given that the existing zoning and uses to the north and south is also zoned C-2, and the property to the south is zoned C-2, zoning Lot 4 would not be contrary to the existing pattern. The uses proposed in the C-2 district will not be compatible with the surrounding uses and zoning. The size of the property dictates that it must be combined with the existing structure on Lots 1 through 3. Therefore, the primary purpose of rezoning Lot 4 is to gain additional lot area and footage to bring the reconstructed oil changing facility into compliance with current ordinances. It will also provide area for the required screening fence along the east lot line. Policy Considerations Staff has advised the petitioner that the City has limited the use of automotive related uses in HRA redevelopment contracts (i.e. Vantage Companies development) along University Avenue. The intent � _ � Staff Report ZOA #89-04, Ashland Oil Page 3 of this effort is to avoid a"gasoline alley" image along major thoroughfares through the City. The HRA will consider its redevelopment plans for this site when the soil testing is completed on the site and the extent of the contamination is known. Approval of the rezoning is conditioned upon compliance with the stipulation of Rapid Oil's special use permit, which includes that the site must be cleaned according to MPCA standards prior to issuance of a building permit. Light Rail Transit Staff has forwarded a copy of the site plan to BRW, Inc. to provide comments regarding the proposed light rail transit route. Comments should be reviewed by Wednesday evening for presentation to the Planning Commission. RECOMMENDATION Planning staff recommends the Planning Commission recommend approval o� the rezoning application, ZOA #89-04, with the following stipulations: l. Compliance with the site plan submitted with the application. 2. Compliance with all the stipulations of the special use permit request, SP #89-12. 3. Approval of the special use permit request, SP #89-12. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the rezoning request, ZOA #89-04, subject to the stipulations recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends the City Counci hold the public hearing as required. Action on the rezoning ordinance should not take place until the results of the soil tests are received and reviewed. 5C ZOA #89-04 Rapid Oil N1/2 SEC.23,T30,R.24 C/TY OF FR/OLEY �7 21 12 �1 I M/N CONNEN u � I t .�� }+ y . 3 e� � cs �----'i'�"t1 �..u�F�ii� 7F�_ �s. ��'_' .il>�'{�:. _f�TT� +e��t�ax"�R't'�'_'r�—�n-r os r zf � z t ta�' s 2 a � s i�� e+�+zs �. C C�) 27 � / 1 'n�+i2l 3.... P 6 f '� s � ,�)- 2S L� YS T" E iT � Z - Y� B n` l s' �z2 ' P � �+ •p_ _ zi a� �- � 4' si �/ '' � 2 o E'//I i : a� n__ ift i � W: n .� ie � Z � : N if- ��, .a ., � �� -'�s i � } . e `�"'., Y l�', f ' Mf � �l I y�� z�l '� 4 2� K',.�... _ tH� � v� � �,� �� s �� '"'"�"' � "'�"0 TH AVENUE � I � N. E. 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T ot t�e�rez ed r—,r—, r��'��' " °'" locatlon of existing Rapid Oil 24 2 3 �3 5D LOCATION MAP 1.�r�t��1��riii�Liilr� � � ■�E a / I[ � . - � 1 r 1 I��s�■�� r �. t 1 1; � �� ■�■ ■��l��,v v�rbrrlrr��/��I�riilrJ�rir�iir6b� 1 \ ■�r��.r��r��irr��\�\rr�r�l�y0a!!C■ �'': �f.iriW irrrYWi��r��r��YrN�ibi�i�r�r i ■t I � 1 . ► • I " H� Iri 11 • � � I = \� I' - l��1l�!!�lS�/lL.�t_ •' ` � "'"aiirr ■��/■��■�1�•1�1�=f�l��r:r�:� // 1 1�1,`1��1_H��II,•�l��.'I-�R i;t�� t: tr.1./.`.►-.�.• 1��r 1� 1 . � � 1 � ► � . � 0 , u m � � • ' J � ./ . � � � • A . . � i' �_. 1 . • . � � '� � L . , � � 1• �' . . N 1 � � . , ' � I . • � � . 1 � � _ _� �..__ �� -��-�- : �. . , .. _ _ _ _ _ f . ..` �� + - __ . ...� � . -�. u �m►-�ne► h.,��n�c,►r�. 5F . � ♦ 2 1 �s � � . ♦� o �� .�_� u -_� FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13. 1989 PAGE 4 Mr. Flora stated they would not be in service, unless the City could not meet the demand for water. Councilman Schneider stated before those wells are back on-1 he would like to be informed. Mayor Nee stated the Council is concerned. He stated it is difficult to give Mr. Bauer an immediate response, but all the members of the Council share his concern and this was e reason for initiating the study. � Mr. Bauer asked when the City would receive the esults of the study. Mr. Flora felt the results of the study s uld be available in January. Ms. Kathy Gerard, 506 Rice Creek Terrace, a ed if the wells would be clased. Mayor Nee stated they are not n service at this time. Ms. Gerard asked if the wells would a in be placed on-line in the summer if there was a demand for wa er, even though the source of the trichloroethylene had not bee determined. She also asked if a filtering system would be ins lled. Mayor Nee stated the purp� of the study is to find answers to some of these questions w ch Ms. Gerard has raised. Councilman Billings s ted between now and next spring he did not feel there would b ime to construct a filtering system, if one is needed. He fe it may be that some conservation measures will have to be take , such as sprinkling bans, to reduce the demand. Mr. Rick St , 7603 Meadowmoor, stated he is one of the residents in the ar a who contracted cancer. He stated he has been through radiati and chemotherapy and two of his neighbors died of cancer. Mr. S rm stated he does not drink City water in his home because of e experience he has been through. He stated he appreciated a thing the Council can do to alleviate this problem. PUBLIC HEARINGS• 1. PUBLIC HEARING ON A REZONING, ZOA #89-04. TO REZONE LOT 4, BLOCK 6. CITY VIEW ADDITION FROM R-2, TWO FAMILY DWELLING TO C-2, GENERAL BUSINESS, THE SAME BEING 5701 UNIVERSITY AVENUE N.E., BY ASHLAND OIL COMPANY (RAPID OIL): MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:15 p.m. 5G FRIDLEY CITY COtJNCIL MEBTINQ OF NOVBMBER 13. 1989 PAGE 5 Ms. Dacy, Planning Coordinator, stated this parcel is located north af 57th Avenue and east of University Avenue and is approximately 40 by 140 feet in size. She stated the property is currently vacant and is bounded on the west by the existing Rapid Oil facility and to the east by a vacant single family dwelling. She stated all three properties are owned by the petitioner, Ashland Oil. Ms. Dacy stated the request is to rezone this parcel from R-2 to C-2. She stated prior to this rezoning application, Ashland Oil petitioned for a special use permit in August. She stated Ashland Oil proposes to demolish the existing Rapid Oil facility and construct a two bay facility similar to the one at Highway 65 and 73rd Avenue. Ms. Dacy stated at the time of the special use permit application, the petitioner also submitted a variance request for lot area and setback. She stated during the review process for these variances, staff recommended to the petitioner that they utilize the vacant lot and combine it into the site plan to eliminate the need for a variance. Ms. Dacy stated this rezoning would be compatible with the zoning to the west and match the zoning patterns to the north and south. Ms. Dacy stated the Council should be aware of two policy considerations regardinq this site. She stated the site is now under consideration by the Housing and Redevelopment Authority for a redevelopment project. She stated the site is also currently being tested for ground water contamination. She stated the HRA will review the results of the soil testing and determine if they want to proceed with the redevelopment at this location. Ms. Dacy stated the site is located along the proposed alignment for the Light Rail Transit system. She stated this site plan was submitted to the consultant for the Light Rail Transit system and the revised site plan accommodates their plans so there was no adverse comments from the consultant, BRW, Inc. Ms. Dacy stated the Planning Commission recommended approval of this rezoning with three stipulations: (1) compliance with the site plan submitted with the application; (2) compliance with all stipulations of the special use permit request, SP #89-12; and (3) approval of the special use permit request, SP #89-12. She stated staff is suggesting that the first reading for the rezoning of the property, as well as the special use permit, not be scheduled for the Council's consideration until the soil tests are received and reviewed. Councilwoman Jorgenson asked when these results would be received. Mr. Robertson, Community Development Director, stated the consulting geologist indicated the report is now being prepared and anticipated that it would be forwarded to Ashland Oil in the next several weeks. He stated Ashland Oil will then review it and submit it to the Pollution Control Agency. He stated as a 5H FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 13. 1989 PAGE 6 , courtesy, they could, at that time, also submit a copy oF the report to the City. Mr. Jack Lemley, representing Ashland Oil, stated he hoped the Council would act favorably on this rezoninq request. He stated as far as the contaminants, they would clean up this site, if they receive permission to build. Councilwoman Jorgenson asked if they do not receive approval to build, if they would still clean up the site. Mr. Lemley stated he assumes it will be cleaned up, but as of this time, he has not received any reports. He stated they have been trying to cooperate and would like to see the issue resolved. Mayor Nee stated that Mr. Lemley heard residents speak this evening regarding contaminated soils and the seriousness of the problem. Councilman Billings stated it is his understanding that the contaminants were from the previous owners of this site. Mr. Lemley stated this was also his understanding and the contamination was from the gas tanks that used to be located on this site. Mayor Nee felt the contamination is an issue and relates to the rezoning and the special use permit. No other persons in the audience spoke regarding this proposed rezoning. MOTION by Councilman Billings to continue this public hearing until the results of the soil samples have been submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. � � wnnnT.Arrnc Furour �_ COMPANY• MOTION by Councilman Schneider to wai '�the reading of the public hearing notice and open the public aring. Seconded by Councilman Billings. Upon a voice vote, voting aye, Mayor Nee declared the motion carried unanimo y and the public hearing opened at 8:28 p.m. Ms. Dacy, Plannin oordinator, stated this is a request to rezone a parcel of p erty located south and adjacent to Osborne Road and west of ghway 65. She stated the property is currently zoned C-2 and e request is to change the zoning to M-1. She stated there ' s M-1 zoning to the west and south and C-2 zoning to the 51 � PLANNING COMMISSION MEETING, SEPTEMBER 27, 1989 - PAGE 2 MOTION by Mr. Barna, seconded by Mr. Saba, to inue on the table special use permit, SP #89-11, by Orthodox Church of the Resurrection of Christ. OPON A VOICE VOT VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION IINANIMOOSLY. 2. PUBLIC HEARING• CONSIDERATION OF A REZONING. ZOA #89-04, BY ASHLAND OIL COMPANY LRAPID OIL): To rezone Lot 4, Block 6, City View Addition, from R-2, Two Family Dwelling, to C-2, General Business, the same being 5701 University Avenue N.E. MoTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY AND THE POBLIC HEARING OPEN AT 7:34 P.M. Ms. Dacy stated the property is located on the northeast corner of 57th Avenue and University Avenue, immediately east of and adjacent to the existing Rapid Oil facility. The property is vacant and measures approximately 40 ft. in width and 140 ft. in depth. At the September 13, 1989, meeting, the Planning Commission considered a special use permit by Ashland Oil to reconstruct a new facility on the property. The site plan included in the agenda packet is a revised site plan which meets all the setback requirements and lot area requirements in the C-2 district. Ms. Dacy stated the petitioner is proposing to relocate the access drives into the site so that the parking setbacks can be met. Two existing driveway cuts into the property will be removed. Ms. Dacy stated that in evaluating a rezoning request, the City should look at whether or not the proposed district is compatible with existing zoning and uses and whether or not the uses contained in that district would be compatible with adjacent properties. The existing zoning pattern in the area is C-2, General Business, along the east side of University Avenue, abutted by R-2, Multiple Family, or R-1, Single Family, to the east. Because this proposed request would merely extend that commercial zoning 40 ft. to the east, the rezoning should not have an adverse impact to the adjacent uses or zoning districts. Ms. Dacy stated that in the Staff Report on page 2, 3rd paragraph, the first sentence under "Analysis" should be changed to read: "The uses proposed in the C-2 district will � be compatible with the surrounded uses and zoning." Ms. Dacy stated staff had advised the petitioner that the City has limited the use of automobile-related uses along major entrances into the City, mainly University Avenue. The City has implemented this policy primarily through the use of its development contracts 5J ,,,,,. .. PLANNING COMMISSION MEETING. SEPTEMBER 27, 1989 - PAGE 3 with the HRA, specifically on the Vantage property development at 81st Avenue where The Wholesale Club is located. The HRA is currently studying the 57th Place site as a potential redevelopment site; however, the HRA wants to wait to evaluate the soil tests currently being conducted on the site to detenaine whether ar not a redevelopment project should be pursued at this location. Ms. Dacy stated that regarding the issue of light rail transit, staff sent Ashland Oil's site plan to BRW, the consultant for Anoka County, and received BRW's comments back on Tuesday, September 26. Anoka County is looking for a station location to the south of the site where SuperAmerica and the used car lot are located. That is the first priority. Whether or not the station is located there depends on future decisions as to whether or not the LRT will go over I-694 or will go underneath the bridge at I-694. The second alternative would be to locate a station on the subject property. BRW's comments, however, were that it was very early in their planning process to make any commitments at this time, but they were encouraged to see that the Rapid Oil building was moved farther to the east. That would give them additional room if additional area is needed beyond the University Avenue right-of- way at this location. Ms. Dacy stated that at this time, the proposed site plan does not conflict with the intent of the plans for the LRT; however, the petitioner should be aware that the site is a second alternative as a station location. Ms. Dacy stated staff recommends the Planning Commission recommend approval subject to three stipulations: 1. Compliance with the site plan submitted with the application. 2. 3. Compliance with all the stipulations of the special use permit request, SP #89-12. Approval of the special use permit request, SP #89-12, by the City Council. Mr. Jack Lemley, Ashland Oil, stated he is representing Rapid Oil. He stated he did talk to BRW that day, and it was his understanding after talking to them, that it is going to be quite awhile before the LRT is built. Their guess was about 10 years. He stated, as pointed out by staff, they are setting the building back where it should not cause any problems for a future LRT. Staff has done a very good job in helping them lay out these plans. Mr. Lemley stated he has no problem with any of the stipulations proposed by staff. 5K PLANNING COMMISSION MEETING, SEPTEMBER 27, 1989 - PAGE 4 MOTiON by Mr. Saba, seconded by Mr. Barna, to close the public hearing. IIPON A VOICE oOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Mr. Kondrick, seconded by Mr. Barna, to recommend to City Council approval of rezoning request, ZOA #89-04, by Ashland Oil Company (Rapid Oil) to rezone Lot 4, Block 6, City View Addition, from R-2, Two Family Dwelling, to C-2, General Business, the same being 5701 University Avenue N.E., with the following stipulations: 1. Compliance with the site plan submitted with the application. 2. 3. Compliance with all the stipulations of the special use permit request, SP #89-12. Approval of the special use permit request, SP #89-12, by the City Council. OPON A VOZCE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. Dacy stated the City Council will establish a public hearing date on the rezoning at their October 23, 1989, meeting, so both the special use permit request and rezoning request will go to the City Council on November 13, 1989. 3. CONSIDER.ATION OF AMENDMENTS TO THE CITY SIGN CODE: Ms. Dacy stated staff welcomed any proposed changes, c ents, or suggestions to the amendments as proposed by staff. Mr. Betzold referred to #36, "Special Event", er Section 214.02, DEFINITIONS, which states: "An event ich occurs within a designated time period on an annual ba 's". He suggested it be changed to read: "An event which occ s within a designated time period for instance on an annual asis ." Mr. Barna referred to Section 4.07.O1.B (Changeable Signs) which states: "The message shall t change more than once every fifteen (15) minutes except for a gn displaying time,'temperature, and/or date." He stated it sh ld be changed to read: "The message shall not change more than ce every fifteen (15) minutes except for the dis la of time m erature and or date." The present wording sounds like a s' n displaying time, temperature, and/or date can change more an every fifteen minutes. Mr. Sab referred to Section 214.06.03 stat he would like to see a reduction in f politicai signs (32 sq. ft.). 5L (Political Signs). He the maximum allowed size �. � , ! CITY OF FRIDLEY PLANNING COMMISSION MBETING, BEPTEMBER 13, 1989 -----------�-------------------------------------------------.,.-.-- CALL TO ORDER• Chairperson Betzold called the September 13, 9, Planning Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Donald Betzold, Dave Ko rick, Dean Saba, Sue Sherek, Alex Bar , Paul Dahlberg Members Absent: None Others Present: Barbara Dacy, lanning Coordinator Michele McP erson, Planning Assistant Jerry Br' , Ashland Oil Jack ey, Ashland Oil Darr Olson, City Sports Ma Langer, City Sports vid Larson, 7890 Hickory Street N.E. 0 MOTION$by/f�ir. Saba, seconded by Mr. Kondrick, to approve the August 30, 19 J.�, Planning Commission minutes as written. ' A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED MOTION CARRIED IINANIMOOSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #89-12, BY ASHLAND OIL CO. (RAPID OIL): Per Section 205.14.O1.C.5 of the Fridley City Code to allow a motor vehicle fuel and oil dispensing service on Lots 1 through 3, Block 6, City View Addition, the same being 5701 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINAN',LMOQSLY AND THE PIIBLIC HEARING OPEN AT 7:36 P.M. Ms. McPherson stated Ash2and Oil, who owns the parcel in question, is proposing to demolish the existing Rapid oil facility located at 5701 University Avenue N.E. The parcel is zoned C-2, General 5M PLANNING COMMISSION MEETING. BSPTEMBER 13. 1989 - PAGE 2 Business. The existing building sits on the eastern portion of the lot with the asphalt area toward the University Avenue frontage. The petitioner currently owns Lots 1- 7 of this particular area. Ms. McPhersan stated the petitioner recently applied for two variances, one for lot area and one for building setback ta University Avenue. After reading staff's recommendation for the variance request, the petitioner withdrew that request and is in the process of rezoning Lot 4, which is currently vacant and is zoned R-2, Two Family Dwelling, to C-2, General Business. The rezoning will allow Ashland Oil to combine Lot 4 with Lots l, 2, and 3 and create a building site which will conform with the current Zoning Code. For the rezoning, the petitioner has submitted a revised site plan which shows the alignment of the building which conforms to all the required setbacks, as do all hard surface areas. Ms. McPherson stated staff realizes that the initial application was for Lots 1, 2, and 3 of Block 6, and staff is recommending the Planning Commission recommend approval of Special Use Permit, SP #89-12, by Rapid Oil, contingent upon the approval of the rezoning of Lot 4. She stated staff is recommending the following stipulations: 1. A grading and drainage plan shall be submitted to be approved by the Engineering staff prior to issuance of a building permit. 2. Ashland Oil shall record the easement and restrictive covenant required from the previous special use penait process for the site at 75rd Avenue and Highway 65. 3. The petitioner shall combine Lots 1, 2, and 3 with Lot 4 into one tax parcel. 4. Approval of the special use permit shall be contingent upon the approval of the rezoning application of Lot 4. 5. No building permit shall be issued until the contamination clean-up has been completed and has satisfied MPCA standards. Mr. Betzold stated the Commission members had received a copy of a memo dealing witfi soil contamination on this site. Ms. McPherson stated soil testing and water testing is being done, both on this site, and on the Hardees Restaurant site. Staff is recommending five stipulations with the recommendation of approval. Of the five, one stipulation is that Ashland Oil will not be issued 5N �LANNING COMMISSION MEETING. BEPTEMBER 13, 1989 - PAGE 3 a building permit for their new building until the contamination clean-up work has been completed and satisfies MPCA standards. Mr. Betzold stated another issue is that this particular area of University Avenue is being looked at as a possible corridor for light rail transit. Has staff had any input from the County as far as a"park and ride" facility at this location? Ms. Dacy stated the Anoka County Regional Railroad Authority is still in their design process. The Committee has identified the intersection of 57th as being a potential target for a park arid ride site. The Authority has also considered some of the Planning Commission's recommendations about possible park and ride facilities at the vacant property on Osborne Road and the Immanuel Christian Center's parking lot. However, there has not been any formal review by the Anoka County Regional Railroad Authority regarding Rapid Oil's site plan. They are still investigating various locations. Mr. Dahlberg asked if staff has discussed with the petitioner some of the issues the Planning Commission discussed regarding light rail transit for this particular site. Ms. Dacy stated that in a conversation with Bob Mikulak at the time of Ashland Oil's application about 1/2 month ago, she made them aware that Anoka County is considering University Avenue as a light rail corridor, but she did not discuss specifics. Mr. Jerry Brill, attorney representing Ashland Oil, stated they have never been aware of a consideration of light rail transit for this area. This was the first they had heard about it. Mr. Dahlberg stated that in initial discussions with the Anoka County Regional Rail Authority, they had illustrated that there would be several options available relative to where parking areas could be located near this intersection. They had suggested there could be some on the west side of University Avenue and pedestrian traffic across University Avenue to get to the LRT stop. The Planning Commission's discussion suggested they would rather see the park and ride facilities on the same side of University Avenue as the stop (east side of University Avenue). The Commission suggested that the site at 57th and University might be an appropriate location for a park and ride facility. Mr. Brill stated that regarding the property, he had raised the question to Ms. Dacy about the need for a special use permit. They initially started with a request for a variance, and it turned into a request for a specia2 use permit. There had been a direct service station on this property for quite a number of years before it turned into a Rapid Oil Change facility. Staff cannot find any records that there has ever been a special use permit issued for 50 . PLANNING COMMISSION MEETING, SEPTEMBER 13. 1989 - PAGE 4 either the direct service station or the Rapid Oil Change. If that is the case, it becomes a nonconforming use. Staff has suggested that the special use permit procedure was added to the ordinance after the use was already there. He questioned whether they really needed a special use permit or if they can just continue the same use. If it is a nonconforming use, they might not be able to expand without a special use permit, and this might be considered an expansion. Mr. Betzold stated the City Attorney could look at this issue before this item goes to City Council. However, the City Attorney's position might be that even though it is the same service, by the fact that the facility is going to be torn down and rebuilt, the City wants the property to be leqal nonconforming. Ms. Dacy stated she did discuss this issue with the City Attorney, and that is another p�art of the analysis. She wanted to clarify that there has always been a request for a special use permit. It did not originate as a variance and turn into a special use permit. There has always been a variance and special use permit, and the variance has turned into a rezoning. Mr. Brill stated they want to imgrove the use of the property. They are losing customers because the facility is old and out of style. Mr. Kondrick asked if the petitioner has any problems with the five stipulations recommended by staff. Mr. Brill stated they are in agreement with the stipulations. Mr. Betzold stated the fact that Ashland Oil wants to improve the site is very much appreciated. He stated by Ashland Oil bringing in this request, it is going to force other governmental entities to make some decisions regarding the long range plans for this site. Mr. Jack Lemley, Ashland Oil, stated Ashland Oil is losing money with this old Rapid Oil facility. The facility does not look good, and people are going elsewhere. They have seen an increase in business at their new 73rd Avenue/iiighway 65 Rapid Oil facility. They want to get rid of the eyesore and get a new facility in there that they and the City can be proud of and appreciate. Mr. Kondrick stated he was just real concerned that the petitioner understand that light rail transit might be going in. MOTION by Ms. Sherek, seconded by Mr. Barna, to close the public hearing. 5P ,- PLANNING COMMISSION lYiEETING, BSPTEMBER 13, 1989 - PAGE 5 IIPON A VOICE VOTE, ALL VOTIN(3 AYE, CHAIRPER80N B$TZOLD DECLARED THE PIIBLIC BEARING CLOBED AT 7:50 P.M. - Mr. Betzold asked if this special use permit request should be called to the attention of the Anoka County Reqional Raii Authority. " Mr. Dahlberg stated he would suggest that before Ashland Oil would elect to proceed with any potential development on the remaining property they own east of the subject site, they contact the County to discuss their options at that time. Mr. Dahlberg stated that regarding stipulation #2, that Ashland Oil record the easement and restrictive covenant required from the previous use permit for the site at 73rd and Highway 65, he did not think that issue should be tied to this request, even though it should definitely be done by Ashland Oil. Ms. Dacy stated she respected that opinion. Staff wanted to alert Ashland Oil that this item has not been done. Mr. Lemley stated he was not aware this had not been done, and stated he will make sure the easement and restrictive covenant for the 73rd and Highway 65 site are recorded at the County. The Commission members agreed to delete stipulation #2 from the recommended stipulations with the assurance from Mr. Lemley that this will be taken care of by Ashland 0i1. MOTION by Mr. Dahlberg, seconded by Ms. Sherek, to recommend to City Council approval of Special Use Permit, SP #89-12, by Ashland Oil Company (Rapid Oil), per Section 205.14.O1.C.5 of the Fridley City Code to allow a motor vehicle fuel and oil dispensing service on Lots 1 through 3, Block 6, City View Addition, the same being 5701 University Avenue N.E., with the following stipulations: l. A grading and drainage plan shall be submitted to be approved by the Engineering staff prior to issuance of a building permit. 2. The petitioner shall combine Lots 1, 2, and 3 with Lot 4 into one tax parcel. 3. Approval'of the special use permit shall be contingent upon the approval of the rezoning application of Lot 4. 4. No bui2ding permit shall be issued until the contamination clean-up has been completed and has satisfied MPCA standards. 5Q PLANNING COMMI88ION MEETING. BEPTEMBER 13. 1989 - PAGE 6 � QPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED T8E MOTION CARRIED IINANIMOIIBLY. Ms. Dacy stated that the Planning Commission will hear the rezoning request by Ashland Oil on September 27. At the petitioner's request, the special use permit will be held until bath the special use permit and rezoning can be heard at the City Council at the same time. , 2. #89-13, BY WAYNE DAHL: Per Section 205.07.O1.C.1 of the Fridley a second accessory building to exceed 240 20, Block 1, Sandhurst, the same being 177 City Code o allow square f et on Lot Hartman ircle N.E. Mr. Betzold stated the petitioner, Wayne Dahl, has equested that the special use permit and vacation applicatio s for a second accessory building be tabled. He stated that si ce this item will be republished and the neighbors renotified, ere was no need to open the public hearing. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP 89-14 BY TED HAINES AND DIANE JO ENSON FOR CITY SPORTS: Per Section 205.14.O1.C.3 to llow enterprises having merchandise in the open and not thin an enclosed structure; per Section 205.14.O1.C.8, t allow exterior storage of materials and equipment, loca ed at 7191 Highway 65 N.E. MOTION by Ms. Sherek, seconde by Mr. Kondrick, to waive the reading of the public hearing otice and open the public hearing. IIPON A VOICE VOTE, ALL VOTZN AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISL , AND THE PIIBLZC HEARING OPEN AT 8:03 P.M. Ms. Dacy stated the P nning Commission considered a rezoning on the subject property t their June 21, 1989, meeting. On July 24, 1989, the property w s rezoned from R-3, General Multiple Dwelling, to C-2, General B siness. Originally, as a stipulation of the rezoning, the anning Commission recommended a stipulation regarding no ou door storage or outdoor sales. After the Planning Commission me ing, the petitioner requested an opinion from the City Attorn as to whether or not that stipulation could be imposed. I cluded in the agenda packet was a memo from Mr. Herrick dated Jun 29, 1989, in which Mr. Herrick stated that the Code for the C-2 istrict does authorize the outside storage of recreational vehicl , boats, etc., upon obtaining a special use permit. Mr. Herri stated: "It is my opinion that because the Code provides for outside storage, either with a special use permit or if the st red materials are screened, a prohibition against all exterior orage would subject the City to a claim that this property was 5R . � _ DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley May 16, 1991 William Burns, City Manager �' �� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Revised Comprehensive Sign Plan for Moon Plaza; 6201 - 6269 University Avenue Attached please find an amended comprehensive sign plan for Moon Plaza. The landlord, A& G Enterprises, has applied for and received a building permit to remodel the existing marquee. The new marquee will provide a four foot high light box extending the entire frontage of Moon Plaza. This light box will provide a white lexan panel on which tenants can place 3M vinyl letters advertising their businesses. The comprehensive sign plan indicates the size of the tenant sign panel to be 3' x 16', well within the allowable square footage of the sign code. The plan prohibits signs off-premise on the sides or rear of the building, painted signs, and boulevard signs. Staff recommends that the City Council approve the revised comprehensive sign plan for Moon Plaza be approved. Staff has notified the landlord that each tenant will be required to apply for and receive a new sign permit for their sign. MM/dn M-91-335 MOON PLAZA 62�1-69 University Avenue NE Fridley� Minnesota EXTF,RIOR SIG.N RFGULATION The lessor has furnished a four-f�ot high light hox which extends Che full frontage of Moon P1aza. �'he li�ht box is erected of aluminum �acking and sides, and a white l�xan panel with eight .i��;ht tubc�s for the placing of sign lettering. Each tenant leasing spACe, with frant �xposura oniy, is entitled to use the area above the leased sPace f.or si,gn display. The specifications f.or placing lettering on the lexan panel are as follaws: 1. Tenant copy must be 3M vinyl applted to the first surface of. the lexan pane7.. Color to be the chotce of the tenant. 2. All displays will. be for illumination� tohich the tenant shall bear respo�sibility of repairing, maintainin�, and securing permits. 3. Each tenant shall bear the responsibility of maintainin�; and keeping the display in a neat and workmanship like manner. Th�s includes but is not li.miCed to replacement of the lexan panel and letters ei.th�r cracked,.missin� or in unsaCisfaetory condition as derermined by lessox. 4. No display may protrude above or below the lighe panel. 5. No off premises signs may be dispiayed, 6. No display sign on sides or rear of building without written permission fram lessor. 7. No tenant shall i�aint any signs on tl�e huil.ding. 8. I�'� ren�nt shall , lace �ny sigr.s on bn�:1.e��ard. 9. Each tenant will. have a 3-foot by 16-foot sign panel. 1Q. Tenant must submi.t to the landlord far a�proval three copies of detailed drawings indicating l.ayout and coJ.ors for a written approval. 11. Tenant copy shalJ. consist of store identification only-tenanCs proper name and major product or service offered. Coporate lo�os, enblems, shiel.ds, and similar identif.yin� devices shall be per- mited. . 12. All permits for tenant copy shall be ohtained by tenant or its representative. � Q Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager �•� ' PW91-143 �' FROM: DATE: SUBJECT: John G. F1ora,�Public Works Director �Jon Thompson, Construction Estimator & Inspector May 17, 1991 City Council Award of Street Improvement Project No. ST. 1991 - 1& 2 On May 6, 1991, we opened bids on Street Improvement Project No. ST. 1991 - 1& 2. This project contains the widening and upgrading of 73rd Avenue, bituminous sidewalk along 73rd Avenue from 73rd Avenue through the Target property to Locke Park and from 73rd Avenue to Community park, various overlays and improvements plus the Fire Training Center parking area, and an additional left-turn lane on West Moore Lake Drive at Highway 65. The 73rd Avenue Project is to be assessed for approximately 2/3 of the cost. The overlay project costs have been escrowed or are part of our MSA account. The bikeways are funded by Target. The Fire Training Facility was added based upon the JPA. The Moore Lake Drive project was added to correspond with the St. Phillips improvements and is to be funded from our MSA account. There were 15 planholders and 8 bids were received on the project. The low bidder was W.B. Miller, Inc. with a total bid of $366,230.00. Our original estimate for all of this work was $500,000.00. MnDOT has given the City of Fridley approval on the State Aid portions of the project. Recommend that the Improvement Project $366,230.00 JGF/JT/ts City Council receive the bids and award Street No. ST. 1991 - 1& 2 to W.B. Miller, Inc. for r� � � C�TYOF' FRlDL.EY . BID PROPOSALS FOR STREET IMPROVEMENT PROJECT NO. ST. 1991 - 1& 2 MONDAY� MAY 6 1991� 11:00 A.M. BID TOTAL COMPANY BOND BID COMMENTS WB Miller . 16765 Nutria Street 5% $366,230.00 Ramsey, MN 55303 Midwest Asphalt Corp PO Box 5477 Hopkins Mn 55343 GMH Asphalt 17018 Saddlewood Trai1 Minnetonka MN 55345 Hardrives Inc. 9724 lOth Ave N Plymouth MN 55441 Valley Paving Inc 8800 13th Ave East Shakopee MN 55379 Northwest Asphalt 1451 Co Rd #18 Shakopee, MN 55379 Alber Construction 9636 85th Ave N Maple Grove Mn 55369 Alexander Const 9050 Jefferson Trail Inv Grv Hghts MN 55077 Arcon Const Co PO Box 57 Mora MN 55051 50 �$378,464.40 50 �$394,926.00 5% I$395,732.00 5� �$435,751.60 50 �$440,438.50 5% �$448,762.50 50 �$498,145.63 NO BID Bitumonous Consu & Const 2456 Main Street NE NO BID Minneapolis, MN 55434 Deneson Striping Inc 405 Lewis Ave So P.O Box 427 Watertown MN 55388 NO BID Forest Lake Contracting 14777 Lake Drive NO BID Forest Lk MN 55025-9461 7A a PAGE 2 BID PROPOSALS FOR STREET IMPROVEMENT PROJECT NO. ST. 1991 - 1& 2 MONDAYr MAY 6 1991� 11:00 A.M. COMPANY Gammon Bros 13845 Northdale Rogers �IN 55374 CS McCrossan Inc Box 1240 Jefferson Memorial Hwy Maple Grove MN 55369 Thomas & Sons Const 13925 Northdale Rogers MN 55374-0303 BID BOND M�[�i:��, NO BID NO BID � TOTAL BID COMMENTS - • ;��: � �� .� � � .. � � �� 1�� • � ■ ■ ��-••» �� -- START S.A.P. 127-310-02 +�� +.��. / � '^° '�'" TA. 0+00 s ��7�D�� h'�',`s :; �,� .::�"�`� END S.A.P. y 27- y ;;+>>.'• '��'►�;�''•°` � STA. 10+00 ■ ., ;�.,,� ,� �� :aj� : . � . � CON�T 1991 VERLAY GRADING, BASE, BITUMINOUS �U� ^ END S.A.P. 127-339-03 STA. 13+00 � � . � __ - - START S.A.P.� 127- -03 - STA. 0+00 � ;;, " ; � START .A.P. 127-307-09 END S. .P `� STA. 1±73 �,, STA. 38 9 `� r , �. � Y � s � • �, � f ' �t ' y . �N _ � = .... ....._-..._.... .. tl�li.3� � '•'--�.�....--!!�,!!..._. . � .... :�l 'LA KEI, °.� r �- — � � -- ._ � j� — . � i- � .... ... _ w ` �'.:. - � '-- (� . r t�J � �Il � a�i�, � �'�r�('�—� �\ 9 � �» � � ^• r �I. w.:::.`!T.lTl: 1 It .-. 1 1� � ' f ,l�1 . '" — _" . � 7-09 _�., s•.. � . - — � �.--� ' $�° �/ � � �� : i: � •r � �� 't , . �-�- .. , •�: _"'."�s!- � °; � t �.r,�,._' � , •� �, �� _ O^C �_ } 5� "1 � ' . 1 — - � • � � _ ' . . � • ,� , _JARGE � ;�• i BIKE/ RS� ( q BIKE/WA K1lkA�L ��_- � I o � i _ � ; � .. .... .... - P .�.. _ . � �,. - - --- -- - -- -- -- -- ___ � . S A. �27 302�7� �, . � Q�-� - _ _ _ i� ;J •�.,`)) '1 �o �. J • a uc�� • w� : ^� • �� I o �� i 1':�^ "t �1 �� • • '[�= - ` '� ��? a�',; �• � FIRE!;.. �• �'� _ ��, ' � � ' • R _ _ ��' I ;; >;^�;'?'��: �, ; °';��' YRAINING CEN.' • - • ° . - �.' ' '' • ' ' . ° - • ° � �_ . o , _.. ♦ ii '! �J •�l •• ` � � � G y A � C � e • 1 � . ..r�w. ''" ��' 73RD \ . �� a � ,� ._. � -- . o �.�, - w� '. . � � l ' t� �v� �•�:l • i ;� I a ., c J "�'-`� A- •� ' ;; � �_.�[';'3'�;a o M.S.A.S P — c� ''�' .; r - �` �'� ° �'c. ��'�`�'1`�� BETWEI � �. • ;; � ; �;,``� �`•' � - :iERVIC ; y : • � ' O �� y" ,,� � ; . � .? _ � � "' :�„ GROSS � '' . . � _ `, � A DT � 1' �=- _,.'- � _. . �� ,Q��_�- �' t ADT (2+ ,, • , . ,: p , 'r ;�-� � , , _ .�.. .`-�'•. � U �`�C1J HCADT � ;, a, _ .,�<- p -- �- � i , _ .,, SOIL F� � N � �! � 19 � .�� .,,, ; DESiGN ; 1 O V L Y�_ ► a y �� . R jt r 9 TON ! i � a � � � �-�, COLLEt ; • � -• a �. � � � .; _ '� r----_-1 � - NO. OF + o' - °o ° 1��:.t:'( �';` �. _ � �-' NO. OF , ° Q• .:►i�:t�.r!�: �� — i d9� �J �;, — ° A= � �I'��'�'�� - — — ?►j�' 'i � (� : Y -r;t�f •.F+•�r y � • :;` ` ' � �� 83RD ��'��-� �� -= �W �` �� ''""'�i`-cr+_''r� • �/►KE •� /. � s 1111.$./4.$ �• '-- r~ _'!` f _�_ JOOR� pNI � ' rc BETWEI , � �� t I� - .._ :t,'- - �� /7/il `� � . . .� . �,a �--� . G R n S S BUDGET 1991 City ot Fridley State of Minnesota Streets Capital Improvements BB R FA E EB BB R FA E EB BB R FA E EB 88 R FA E EB 1991 Proiects 3,800,242 Opticom Installation 304,019 East River Road Upgrade - Phase II 4,104,261 East River Road Median Upgrade 641,ppp Osbome Widenfng 3,463,261 Sealcoat Program � Overlay Program �West Unive�sity Avenue Service Drive 73rd Avenue wdening tiighway 65/53rd Avenue Intersection Mississippi/Highway 471ntersection 57th Avenue Loopback TOTAL 1992 Proiects 3,463,261 Overiay Program 1,293,060 Ashton Avenue Extension 4,756,321 Sealcoat Program 533,000 Flighway 47 and 83�d Signalization 4,223,321 TOTAI. 1993 Proiects 4,223,321 East River Road Upgrade - Phase Iil 387,866 UniverSity Avenue Bikeway 4,611,187 Sealcoat Program 424,000 Overlay Program 4,187,187 TOTAL 4,187,187 434,915 4,622,102 385,000 4,237,102 1994 Proiects Main Street No. of 79th Sealcoat Program Overlay Program ' TOTAL 7D 546,000 100.000 50,000 40,000 115.000 110,000 A 100,000 80,000 HRA HRA 5641.000 $263,000 100,000 120.000 50,000 5533�000 $100,000 125.000 124,000 75,000 - a424,000 $150,000 135,000 100,000 �� City of Fridley � Recreation & Natural Resource Department 6431 Universiry Avenue NE, Fridley, Minnesota. 55432 Phone # 612-572-3570 Fax # 612-571-1287 May 15, 1991 ��. TO: William W. Burns�. City Manager FR: Jack Kirk � Director RE: 3PRINGBROOR NATIIRE CENTER LAND3CAPING AND ENTRANCE AREA PROJECT The bids on the Springbrook Nature Center Landscaping and Entrance Area project will be opened on Monday, May 20th. Staff will present the results of the bidding and make a recommendation to City Council at the May 20th Council Meeting. JK: sj ��• � � � - � City of Fridley Recreation & Natural Resource Department 6431 Universiry Avenue NE, Fridley, Minnesota 55432 Phone # 612-572-3570 Fax # 612-571-1287 May 20, 1991 TO: �� William W. Burns City Manager Jack Kirk Director RE: Sprinqbrook Nature Center landscaping and entrance area project On Monday, May 20, 1991 at 9:00 a.m., bids were opened for the Springbrook Nature Center landscaping and entrance area project. The project includes completion of the previously scheduled irrigation system, landscaping around the new parking lot and entrance area, new trees as the final part of the tornado restoration, and a new entrance gate for the park. The low bidder for the project was Fair's Garden Center, with a base bid of $37,825. Funds available for this project total $30,000 which includes the City purchasing the materials for th��1r�.�_gation _ sy_stem_ _at .a�r2x3m�ely 5, 80� . This leaves $24, 200 for the part of the project that was bid. T low bid is 13_L625 over the funds available amount. I recommend that City Council accept all bids on the project and reject the bids at this time. City staff will work on adjustments to the landscaping plan and look at re-bidding the project in time for the fall planting season. In addition to a possible streamlining of the plan itself, alternatives such as volunteer labor for the landscaping and additional fundraising efforts may help to complete the entire project this fall. Also, T would recommend that we proceed with the replacement of the gate at this time, since it is a hazard for busses and larger vehicles entering the nature center. We would get quotes for the gate replacement and complete the work as soon as possible. i• • � :�• BID PROPOSALS FOR SPRINGBROOR NATURE CENTER LANDSCAPING PROJECT 1991 MONDAY; MAY 20, 1991 9AM BID BOND TOTAL BID COI�IIKENTS Minnesota Valley Landscape Inc. 10901 Nesbitt Ave. So. Bloomington, MN 55437 Lino Lakes Nursery Inc. 20195 Greyston Ave. Forest Lake, MN Fair's Garden Center 201 East Broadway P.O. Box 746 Monticello, MN 55362 Turf Master's Inc. 919 - 85th Ln N.W. Coon Rapids, MN 55433 Noble Nursery 10530 Troy Lane Maple Grove, NIN 55369 2nd Nature Landscaping Bloomington, MN Cashiers Check 5% 0 5% a 39,375 39,446 37,825 Cashiers Checkj 6,621 No Bid No Bid Bid Adjusted f or Math- matical error Bid for irrigation system only. � _ � Community Development Department G DIVISION City of Fridley DATE: May 16, 1991 / � �a TO: i�'William Burns, City Manager �. � E _�� SUBJECT: Background Barbara Dacy, Community Development Director Inquiries by Mr. Frederick Rochelle At the April 22, 1991 meeting, the City Council directed staff to research several issues raised by Mr. Rochelle regarding the fire/draft stops within his chimney chase in his townhouse at 5435 West Brenner Pass N.E. Further, the City Attorney indicated that he wanted to receive more definitive information about the interpretation of the need for fire stops from the State Building Inspector. Finally, the City Council indicated that they wanted a description of what was involved in adding a missing fire stop or replacing a fire stop and approximately what each would cost. Letter from State Building Inspector We have received a letter from Elroy Berdahl, Building Code Representative Supervisor, from the Department of Administration of the State of Minnesota. Mr. Berdahl notes that if alterations are being performed on a chimney ahase which only affect the replacement siding, the existing chase is an "existing building element per UBC Section 104.(C)". This particular section states that the existing "...can remain unless continued use can be determined to be dangerous to life." If a"danger to life" cannot be found, and as long as the chase is open, Berdahl recommends that the City encouraae the owner to install a fire stop for every floor/ceiling level. As you recall, permits to repair the faulty siding triggered the issue regarding the number of draft stops. The lack of a fire/draft stop will not prevent a fire from occurring; nor can it be considered a"danger to life". The fire hazard is the fireplace. The purpose of the fire/draft stop is to slow the progress of the fire up the chimney chase. � J Inquiries by Frederick Rochelle May 16, 1991 Page 2 Existing Chimnevs Virgil Herrick, Darrel Clark, and I met on Monday, May 13, 1991. Mr. Herrick will be forwarding an opinion to the City Council under a separate memo. We estimate that there are 15 chimneys which have already installed one fire stop above the fireplace. According to Berdahl's letter, all of these are in compliance with the Uniform Building Code. In fact, Jean Lager at the April 22, 1991 meeting requested a letter verifying whether her chimney is in compliance. We can write such a letter given Berdahl's interpretation. We also know that there are five townhouse owners that may have one or no fire stops within the chimney chase. It is our opinion that the City should write a letter to these five homeowners informing them that if and when they do maintenance work on their chimney chases, we will encourage them to install the recommended number of fire stops, one for each floor/ceiling it passes. We do not have to require them to install the stops given Berdahl's letter. The fire/draft stop issue may be applicable not only to other chimneys chases within the Innsbruck subdivision but may pertain to single family home chimney chases. Industry practice has changed such that the fire/draft stop issue has only been actively addressed within the last five to six years. We believe the most cost-efficient means of advising homeowners of this issue is to write an article in the City Newsletter regarding what a fire/draft stop is and its purpose. Rochelle had suggested an inspection process in other townhomes; however, this would be costly sinee siding would have to be repaired or replaced, or our inspectors would have to climb down the interior of the chimney chase. Cost of Installation There are two ways to install draft stops: l. To physically travel down the inside of the chimney chase and install the stop at each level. Typically, the chimney will be 2 1/2' x 4' wide and contain a one foot diameter tube. The contractor would travel down the chase outside of the tube. Darrel Clark received quotes from contractors that this option is the cheapest and would cost about $300.00. 2. To remove the exterior siding of the chimney and replace/add stops from the outside. Just replacing the existing materials (siding, etc.) would cost about $435.00. If draft stops are installed during the siding/chase repair, the draft stop would cost about $50.00 per stop. � � Inquiries by Frederick Rochelle May 16, 1991 Page 3 What costs the most money is replacing/installing new siding, flashing, caulking, and painting. This can triple the cost anywhere between $1,200 -$1,500 depending on the amount of work to be done. A fire/draft stop can consist of a certain size particle board, plywood, or gypsum, with a metal collar around the chimney itself. New Construction If a building permit is received to construct a new living unit with a fireplace, it will be a requirement to have a fire/draft stop for every floor/ceiling level it passes. This is not to be confused with the repair or replacement of existing buildings. Mr. Rochelle's Unit Mr. Rochelle's contractor contacted Darrel Clark on the morning of April 8, 1991 and stated that in order to be absolutely sure, he would prefer to install the three draft stops. Clark had already contacted the State at that point and determined that three stops would be the safest interpretation. Summary and Recommendation To summarize, we believe that the City does not have any financial obl.igation to pay for the installation of fire/draft stops in the 15 townhouses that already have one, nor does the City have an obligation to pay for the five remaining homeowners which may not have any draft/fire stops. Further, the City does not carry any legal liability regarding the lack of draft stops in the existing chimneys (see Herrick's memo). However, we believe the City should notify the five remaining owners encouraging them to install the appropriate number of draft stops when they do their siding repair work. Finally, if agreed to by the City Council, staff will prepare the appropriate articles for the City Newsletter regarding this issue. BD/dn M-91-338 • � ��1l�� 1 V� V' W��!il`111 V .c� ATTORN�YS AT LAW Virgil C. Herrick M E M O R A N D U M James D�. Hceft Gregg V. Herrick Of G�unsel David P. Newman � r TO: Fridley City Council ,J FROM: Virgil Herrick, City Attorney ✓�',E �� DATE: May 15, 1991 RE: Liability for Inspections - Fire Stops I have been asked to give a legal opinion as to whether the City of Fridiey has any liability for building inspections that were done on certain townhomes in North Innsbruck. It is my understanding of the facts that approximately 10 or 12 years ago these townhomes were constructed. The owner and/or contractor obtained a building permit and the City of Fridley inspected the structures. Information received fairly recently indicates that some of these units were constructed without fire stops in the exterior chimney chases. The inspection records do not indicate whether the chimney chases were inspected at the time of construction. The question has been asked whether the City is liable for allowing these units to be constructed without fire stops in the chimney chase. I am of the opinion that the City of Fridley is not liable for this omission. I base that opinion on both statutory provisions and on Minnesota Supreme Court case law. "A municipality is not liable for the negligence of its BuiTding- Department which is created by statute to perform a public service and in which the municipal.ity itself has no �rivate interest, and from which it receives no special benefit or advantage in its corporate capacity. Thus, since the performance of such duties is a governmental function, a city is generally not liable for the negligence of a building inspector in the performance of his duties...nor is a municipality liable for nonfeasance, misfeasance, or malfeasance of a building inspector in the performance of administerial duty imposed by law, where the inspector owed no duty to the individual in any way different from that owed to any other member of the public. Indeed, since the general purpose of the building codes, building permits, and building inspections is to protect the public, a building inspector is held to act exclusively for the benefit of the public... It has been held Suite 205, 6401 University Avenue N.E., F�l�Minnesota 55432, 612-571-3850 Fridley City Council May 15, 1991 Page 2 that an individual who is injured by an alleged negligent performance of a building inspector does not have a cause of action against the municipality. Stated otherwise, in order to recover against the city, an injured party 'must show more than a mere breach of an obligation owed to the general public, but, rather he must establish a breach of duty owed to him individually."' McQuillin on Municipal Corporations, Section 53.88. The Minnesota Legislature in the 1990 Minnesota State Building Code has adopted by reference the 1988 Uniform Building Code (UBC). Section 202(f) of the Uniform Building Code states as follows: "The building official, or his authorized representative, charged with the enforcement of this code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties... This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or structure �• for any damages to persons or property caused by defects, nor shall the Code Enforcement Agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code." Section 305(a) of the Uniform Building Code provi�es in part as follows: "Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of any ordinance of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid." One of the leading cases on this subject is the case of Hoffert v. Owatonna Inn Towne Motel and the City of Owatonna, 199 N.W. 2d 158 (1972). In this case an action was brought against the City of Owatonna on the theory that the plaintiff's damages resulted from the City's negligence in issuing a building permit for the remodeling of the motel in a manner which violated the City's building code. The plaintiff's action against the City was dismissed on the grounds that the issuance of a building permit for construction which violated the building code did not create a cause of action against the City. The Supreme Court affirmed this decision. In the above case, the court held that in order for the plaintiff to recover against the City, the plaintiff must show a breach of duty owed them in their individual caoacities and not merely a breach of some obligation owed the general public. • , Fridley City Council May 15, 1991 Page 3 The court went on to state: "Building codes, the issuance of building permits, and building inspections are devices used by municipalities to make sure that construction within the corporate limits of the municipality meets the standards established. As such, they are designed to protect the public and are not meant to be an insurance policy by which the municipality guarantees that each building is built in compliance with the building codes and zoning codes. The charge for building permits is to offset expenses incurred by the city in promoting this public interest and is in no way an insurance premium which makes the city liable for each item of defective construction in the premises." Another leading case in Minnesota is the case of Cracraft v. the City of St. Louis Park. In this case the plaintiffs brought an action against the city alleging negligent failure of a city inspector to discover a fire code violation on the premises. In this case the Supreme Court followed its holding in the Hoffert case sited above. In the Cracraft case the court held that the city owed a duty to the general public but not to individual members. The court stated: "We hold, therefare, that a municipality does not owe an individual a duty of care merely by the fact that it enacts a general ordinance requiring fire code inspections or by the fact that it undertakes an inspection for fire code violations. A duty of care arises only when there are additional indicia that the municipality has undertaken the responsibility of not only protecting itself, but also undertaken the responsibility of protect2ng a particular class of persons from risks associated with fire code violations. This is the rule set forth in Hoffert. This rule, or a similar rule, is recognized by all but two courts that have considered the issue." In the Cracraft case the court went on to ask the question: "At what point, then, does the municipality assume to act for the protection of others as distinguished from acting merely for itself when it inspects the activities of third parties for fire code violations? There is no bright Iine. But, without intending to be exhaustive, there are at least four factors which should be considered. First, actual knowledge of the dangerous condition is a factor which tends to impose a duty of care on the municipality. Second, reasonable reliance by persons on the municipality's representations and conduct tends t� impose a duty of care. Of course, reliance on the inspection in general is not sufficient. Instead, the reliance must be based on specific actions or representations which cause the persons to forego other alternatives of protecting themselves. Third, a duty of care may be created by an ordinance or statute that sets forth mandatory acts clearly for the protection of a particular class of persons rather than the public as a whole. Finally, the municipality must use due care to avoid increasing the risk of harm." 9E Fridley City Council May 15, 1991 Page 4 In applying the four factors listed by the Minnesota Supreme Court in the Cracraft case to the facts in the Fridley question, I conclude as follows: l. It is reasonable to assume, although not a known fact, that the five townhomes that have not repaired their chimneys may not have fire stops in the chimney chases. Whether this is a dangerous condition probably is debatable. The condition is not one that would cause a fire to start, but on the other hand, is a condition that would permit the fire to spread more rapidly than it would if the fire stops were in place. 2. I do not feel there are any facts that have been stated that establish that the owners or occupants of the units relied on any municipal representations or conduct. (The court pointed out that relying on the mere inspection is not sufficient to create a duty of care.) 3. There is no statute or ordinance that sets forth mandatory acts that create a special duty to the owners or occupants of the townhomes. 4. To this point, the municipality has done nothing to increase the risk of harm. On this latter point the staff is suggesting that notice be mailed to the owners of the townhouse units suggesting that they repair the chimney chase by installing fire stops. In a 1988 decision, the Minnesota Appellate Court in the case of Frank's Livestock v. th� City of Wells, referred to the Cracraft and Hoffert cases among others as being the existing law in the state of Minnesota as it pertains to the public duty exception as applied to licensing or inspection cases. In 1989 the Minnesota Appellate Court again followed the public duty doctrine as expressed in Cracraft and Hoffert in the case of Dahlheimer v. the City of Dayton, Conclusion: Based on the cases cited in McQuillin, the provisions of the Uniform Building Code, and the cases cited from the Minnesota Supreme Court and the Minnesota Appellate Court, I am of the opinion that the City of Fridley does not have any liability for inspections conducted on the townhomes in the North Innsbruck area. VCH:ldb 9F ,fTATt OF AfIXtiI�.SOiA Department of Administration .;;c��s�T ' � ul �.L L.�. � `" �s.."��3 : ��iJ ^ � � � �� C i: j'g'a'g+'? . . . 4(1% Me�ru $yuarc 7�h end R�.hcn Sts. Snint Paul. Minnc�ot� 5510� Phonc: 1 h I'_ i?96-4639 FA ti: 16I ? �?97-197 i BUILDING CODES .4\D STAND.4RDti May 9, 1991 Darrel G. Clark Chief Building Official Fridley Municipal Center 6431 University Avenue North East Frid�ey, Minnesota 55432 Subject: Interpretation of Uniform Building Code Section 2516(� 2. Fire stops, where required Dear Mr. Clark: The following is in response to your letter of inquiry regarding the above referenced subject. The 1990 Minnesota State Building Code, Administrative Rule Chapter 1305 adopts by reference the 1988 Uniform Building Code (UBC). We concur with your (safest) interpretation of cunent code..." to install a fire stop at each floor/ceiling or ceiling that the chase passes by or line the inside of the chase with gypsum board." Other fire stop materials per UBC Section 2516(t� 3 may also be utilized to line the chase under cunent code. Standard practice of 10 years ago (approximate date of construction) for chases for factory built chimneys located on the exterior of Type V buildings was to rely upon the structural waIi sheathing and a single non-combustible (metal) fue stop within the chase. 1988 UBC Section 104, application to existing buildings, is applicable to these bnildings. The alterations being performed affect only the rep�acement siding on the chases. The alterations being performed do not include replacement of chimneys or chase framing, The chase is an existing building element per UBC Section 104(c). This section states that the "e�cisting" can remain unless the continued use can be determined to be dangerous to life. 9G Darrel G. Clark Page 2 May 9, 1991 In order to enforce the current provisions of UBC Section 2516(� 2, the adnunistrative authority must prove that the existing situation constitutes a demonstrable danger to life. If a"danger to life" cannot be proven the building owner or contractor(s) should be encouraged to voluntarily comply with current code provisions when the chases are open and the work can be easily accomplished. Sincerely, Building Codes and Standards �� Elr'?� Berdahl Y Building Code Representative Supervisor EB:me 9H gpq.3p5 UNIFORM BUILOING CODE investigation fee shall be the same as che minimum fee set forth in Table No. 3-A. The payment of such investigation fee shall not exempt any person from compli- ance with all other provisions of this code nor from any penalty prescribed by law (� Fee Refunds. 1. The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 2. The building official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a pern►it issued in accordance with this code. 3. The building official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize the refunding of any fee Qaid except upon written application filed by the original permittee not later than 180 days after the date of fee payment_ inspections Sec. 305. (a) General. Atl construction or work for which a permit is required shall be subject to inspection by the building official and all such conswcdon or work shall remain accessible and exposed for inspection purposes until approved by the building official. In addition, certain types of consuuction shall have continuous inspection as specified in Section 306. Approval as a result of an inspection shal! not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessibie and exposed for inspection purposes. Neither the building official nor the jurisdiction shalt be liable for expense entailed in the removal or repiacement of any material required to allow inspection. A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans. (b) Inspection Record Card. Work requir+ng a permit shall not be rnmmenced until the permit hoider or his agent shall have posted or otherwise made available an inspection record card such as to a(low the building official conveniently to make the required entries thereon regarding inspection of the work. 'This card shall be maintained available by the permit holder un[il final approval has been granted by the building official. (c) Inspection Requests. It shaU be the duty of the person doing the work authorized by a permit to notify the building off►cial that such work is rcady for inspection. The building of�cial may reyuire that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writirtg or by telephone at the option of the building official. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of such work. 12 � �I� f i $ � � 1 i ��' �--� �� '�' "? � • �: � �. � TO: FROM: SIIBJECT: DATE: FtNANCE DEPARTMENT t r��r MEMORANDUM WILLIAM W. BIIRNS� CITY MANAGER ��f,� RICIiARD D. PRIBYL, FINANCE DIRECTOR DESIGNATING FDND BALANCES May 16, 1991 �ver the past years as part of the production of the Comprehensive Annual Financial Report, the Finance Department has set the size of some designations of the Fund Balance. These designations were based on City policy, Generally Accepted Accounting Principles and standards utilized in the Governmental sector. As part of the year ending December 31, 1991, we are suggesting that Council pass the attached resolution. The audit firm of Voto, Tautges and Redpath has recommended that Council pass by Resolution the necessary requirements that are needed to designate the suggested amount of fund balances. The recommendations that are provided in the Resolution allow the City of Fridley to maintain its current fiscal strength and allow the continuation of certain policies. We are suggesting that Council use the attached resolution to set certain General Fund Designations by the use of standard percentages. DESIGNATION FOR WORRING CAPITAL - Because approximately 70� of the General Fund revenues come from property taxes and State Aids, which are distributed to the Cities twice a year, it is necessary to provide for cash flow needs. This designation would be based on 1/2 of the annual local governmental aid and property tax levy. DESIGNATION FOR SIIBSEQIIENT YEARS EBPENDITURES - As part of the budgeting process the use of Fund Balance is utilized as a revenue or a balancing component for the next year's budget. This must be designated for next year's use. DESIGNATION FOR CONTINGENCIES - As a way to safeguard the City against any unforseen emergencies it would be a good practice to designate 10� of the General Fund's budgeted expenditures and other financing uses for the ensuing year. DESIGNATION FOR REPLACEMENT OF FI%ED AS3ET8 - This designation sets aside an amount of money necessary for the future replacement of capital outlay items purchased by the General Fund as identified in the Comprehensive Annual Financial Report. This designation should not be less than 5� of the accumulated total investment in assets. 10 DESIGNATING FIIND BALANCES May 16, 1991 Paqe 2 CAPITAL IMPROVEMENT FIIND DESIGNATION FOR CAPITAL IMPROVEMENTS - This designation sets aside the amount of money that is required to provide for future replacement of assets and for improvements identified in the 5 Year Capital Improvement Program. The improvements constructed or purchased through this fund are street improvements, park improvements, and general improvements to buildings and grounds. The total amount of Fund Balance should be designated for future improvements. RDP/me Attachment 10A RESOLUTION NO. RESOLUTION DESIGNATING MINIMUM FUND BALANCES WHEREAS, major revenue sources of the city's general fund are received in the latter part of each fiscal year with disbursements occurring relatively evenly throughout the year; and WHEREAS, this timing difference between cash receipts and cash disbursements creates cash flow deficiencies unless sufficient fund balance levels are designated to meet the working capital needs in the first half of the year; and WHEREAS, unforeseen reductions in major intergovernmental revenues or unanticipated expenditure needs remain a recurring threat to cities; and WHEREAS, establishment of a minimum designation of fund balance for such contingencies would mitigate the adverse effects of aid reductions or unanticipated expenditures; and WHEREAS, anticipated uses of fund balances for planned future obligations should be disclosed in the annual financial statements by designation of fund balances; and WHEREAS, formal establishment of minimum general fund balance levels helps maintain the city's favorable bond rating which translates into lower borrowing costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, that to the extent of available total fund balance, that designations of fund balance be established at the end of each year in the order set forth as follows: -a designation for working capital equalling 50� of the ensuing year's budgeted local government aid plus the property tax levy (including any state paid portion); -a designation for subsequent years' e�enditures for uses of fund balance as set forth in the ensuing year's adopted annual budget; -a designation for contingencies equal to 10� of the general fund budgeted expenditures and other financing uses for the ensuing year. ' ' . RESOLUTION NO. -a designation for replacement of fixed assets in an amount not less than 5� of the General Fund investment in General Fixed Assets as identified in the Comprehensive Annual Financial Report. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 10C 11 12 / ( � FOR CONCURRENCE BY THE CITY COUNCIL IMay 20, 1991 Type af License: B� AUCTIONEERS Michael Servetus Unitarian Mr.Greene Society 6565 Oakley Ave. IV.E. Fridley, MN 55432 CIGARETTE Mike's Gas & Grocery M. Diconcini 6485 E. River Rd. Fridley, MN 55432 GAMBLING Golden Lions of Fridley Robert Bard 6085 - 7th St. N.E. Fridley, MN 55432 OFF SALE BEER �1ike's Gas & Grocery M. Diconcini 6485 E. River Rd. Fridley, MN 55432 ON SALE BEER Go Hyang House Restaurant Yong Chung 6440 University Ave. N.E. Fridley, MN 55432 Pizza Flame A.R. Gill 317 Osborne Rd. N.E. Fridley, MN 55432 RETAIL GASOLINE Mike':s Gas & Grocery M. Diconcini 6485 E. River Rd. Fridley ,MN 55432 � 13 Approved By: LICENSES Fees: James P.Hill Asking Fees Public Safety to be waived Director James P.Hill $12.00 Public Safety Director James P. Hill Asking fees Public Safety • Director James P. Hill $60.00 Public Safety Director James P. Hill Public Safety Director James P. Hill Public Safety Director Richard Larson Fire Inspector $325.00 $325.00 $60.00 � � FOR CONCURRENCE BY THE CITY COUNCIL LICENSEB BLACKTOPPING Asphalt Specialties Co. Box 838 Lakeland, MN 55043 ELECTRICAL Electrical Construction Inc. Rt 1 Box 233A Monticello, MN 55362 Tri-Service Electric Inc Rt 1 Box 160 Rush City, MN 55069 Erik Peterson D Wermerskerchen Dennis Wood GAS SERVICES C O Carlson Air Conditioning Co. 1203 Bryant Ave N Minneapolis, MN 55411 Thomas Lindskog Jakes Service Inc. 8465 Center Drive NE Spring Lake Park MN 55432 Thermex Corporation 4850 Park Glen Road Minneapolis MN 55416 GENERAL CONTRACTOR Breda Bros Construction 491 E Sessimine St Paul MN 55101 Best Siding Company Inc. 12612 Central Ave NE Blaine MN 55434 Crouse Cartage Co. 57 - 81st Avenue NE Fridley, MN 55432 J.P. Minnesota Enterprise TCI 2700 - 79th Ave N Brooklyn Park, MN 55444 Jansick Construction 6480 Squire Dr NE Fridley, MN 55432 Kirchner Construction 26955 Sylvan Lk Rd Rogers, MN 55374 Jake Pyles Curtis Brekke Douglas Fure Melvin Lund Leonard Vanasse Curt Johnson Gary Jansick Edwin Kirchner 13A DARREL CLARK Chief Bldg Ofcl � STATE OF MINN Same CLYDE WILEY Bldg/Mech Insp Same Same DARREL CLARK Chief Bldg Ofcl Same Same Same Same Same 5 & 3 Decks Unlimited 1688 120th Ln NE Blaine MN 55434 Twintown Remodelers 5930 Portland Ave Minneapolis, MN 554i7 Mark Schonhardt Gary Schoeller AE�►��TING C, 0. Carlson Air Conditianing Co. 1203 Hryant Ave N Minneapolis, MN 55411 2homas Lindskog Hillman Plumbing & Heating Inc. gR 3 Box 152 Sioux Fa2Is, SD 57106 Robert Hillman Jake� Service Inc. 8465 Center Drive NE SpriMg Lake Park MN 55432 Jake Pyles Real�.stic Heating & Cooling Inc. 9077 Van Buren St NE Blaine, MN 55434 3erome Fehringer Thermex Corporation 4850 Park Glen Road Minneapolis MN 55416 �ONR.Y Asphalt Specialties Co. Box 838 Lakeland, MN 55043 Zebro, Bernie Cement Co 2320 Sherwoad Rd Mounds View MN 55112 Mt1RTT.ip: �$ IHSTAi.T.F.RS Bennett Service Co. 5217 Girard Ave N Minneapolis, MN 55430 �ING D & R Plumbing 7893 Firwood Way NE Fridle�r MN 55432 Curtis Brekke Erik Peterson Bernie Zebro David Bennett Daniel Hentges �e1Mar Furnace Exchange Inc. 4080 -� 83rd Ave N Brooklyn Park, MN 55443 Del Wischmann 13B same Same CLYDE WILEY Bldg/Mech Insp Same Same 5ame Same �ARREL CLARK Chief Bldg Ofcl Same STATE OF MINN STATE OF MZNN Same FROM: City of Fridley Engineering Division CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITYAVENUEN.E. FRIDLEY, MINNESOTA 55432 RE: FINAL ESTIMATE - Well No. 1 Period Ending: May 13, 1991 TO: Honorabfe Mayor and City Council City of Fridley 6431 University Avenue N.E. FOR: MARK TRAUT WELLS Fridley, Minnesota 55432 151 - 72ND AVE., S. ST. CLOUD, MN 56301 DATE: May 13, 1991 REPAIR AND MAINTENANCE OF WELL NO. 1 PROJECT NO. 215 601-60-000-6022 STATEMENT OF WORK > ::.: .:::.. . ::;.. : : ::.:.;::::. :.>::;:::::.>::: :.::.>::>.::::>:.:. :::.;.. ;.:.: ;:: . .;;::: :.:> ; .. . ;::>::: :<>: .:::: ::>.;: .>::>::>::::<...><:>::..;:;: :::>: <:>:; s;;'::<:>:: [�tl'1"'::::>:::::.;: ;;: : .:::.;:. ; .:::: > :.::. ..... ..:::. U.::. :.:::: >;;;. ....:C�l�AN1`'I'�I!'THIS <>;;. .. ..: , , >:::: :;:: . :>::;:. , :::::.. :::::. :::::.: .:.: :.. .::;. ::.>.: :: ::.:.;:.:: :.;:::.. .:.:. ;::.. ..;:... ..... ..::.. . :. ....: .. . :: QUp►NT1TY i ,�kWl : ::: . ,;::;....;.>:::::.: . ;;;. :::. > : :;;: ;: . ::: ::::...:..:.:. ..:.:..:::.. :: .:.: :..:::.. .: :.: ...>: ... ,;. :., . ; . T > > :::;::: ::::�i}�Tt�A�T �T'EM . ::>::;:?:::;`:::::::::::`<:::: ;;::::> ?:>::: I"`RI :�::::>:::.: :::: , � . . .;. '..::. .� .:::: .:.:;;: �S'itMATE::. .; .::; ;T�:i�ATE ;; '.:`T`� [�A�'E > Pull, inspect, and reinstall pump 2,500.00 1 1 $2,500.00 Rubber Bearings 15.00 33 33 495.00 Stuffing box bushing 75.00 1 1 75.00 Straighten, blast and paint shafts 250.00 1 1 250.00 Sandblast & paint column 350.00 1 1 350.00 Remove and replace shaft sleeve 35.00 33 33 1,155.00 Bail well 1,250.00 1 1 1,250.00 Additional bailing 60.00 9.5 9.5 570.00 1 11/16 x 5' ShafUsleeves 85.00 1 1 85.00 1 11/16 x 10' ShafUsleeves 10' 90.00 10 10 9 0 0. 0 0 1 11/16 x 10' - Shaft coupl. 9.50 20 20 19Q.00 8" x 10' Column T& C 160.00 6 6 960.00 8" x 5' Column T& C 98.50 1 1 98.50 Pump Bowl Unit 3,750.00 1 1 3,750.00 Trade-in pump (500.00) 1 1 (500.00) Water level indicator 75.00 1 1 75.00 Disinfection 95.00 1 1 95.00 Test pumping - 2 hrs. 100.00 1 1 100.00 Additional materiais - 67.50 1 1 67.50 25.00 1 1 25.00 2,779.67 1 1 2,779.67 I � $15,270.67 � FINAL ESTIMATE - Well. No. 1 Mark Traut Wells Page Two SUMMARY: Original Contract Amount Contract additions - change order nos. Contract deductions - change order nos. Revised contract amount Value Completed To Date SUBTOTAL Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTiFiCATE OF THE CONTRACTOR $21,237.00 0.00 0.00 0.00 $15,270.67 $15,270.67 0.00 5,645.00 $9,625.67 i hereby certify that the work performed and the materiais supplied to date under the terms of the contract for this project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (and the final quantities on the final estimate are correct), and that this estimate is just and correct nd no part of the "Amount Due This Estimate" has been received. �-�-- �� -C '� �,�„Q D ate � ' � � i � � , C�� I ntractor s Authorized Representative (7itl CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. CITY OF FRIDLEY, INSPECTOR "�� , / � , - • - � �i.,/ �y! � •' � / � Date � / � Respectfully Submitted,� G. Flora, P.E. ubtic Works Director May 13, 1991 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY REPAIR AND MAINTENANCE OF WELL NO. 1 PROJECT NO. 215 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. Al1 deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor. Ral � �---- � -,�`,�- �=� .-��,� � tractor Representative, (T'tle) 14C CITY OF FRIDLEY PIIBLIC NORRS DEPARTMENT ENGINEERING DIVISION 6431 IIniversity Ave., N.E. Fridley, MN 55432 MAY 13, 1991 Honorable Mayor and City Council City of Fridley C/O William W. Burns, City Manager 6431 University Ave., N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Repair and Maintenance of Well No. 1 Project No. 215 for Mark Traut Wells, 151 - 72nd Ave., S., St. Cloud, MN, 56301. We have viewed the work under contract for the construction of REPAIR AND MAINTENANCE OF WELL NO. 1 PROJECT NO. 215 and find the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body. Respectfully submitted, �� hn G. Flora � Director of Public Works • _ � � - � � / .�51 /�L j . ' � � • •� . �' � \'i� � / ,r' • / 14D May 13, 1991 City of Fridley REPAIR AND MAINTENANCE OF WELL NO. 1 PROJECT NO. 215 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $15,270.67 and the final payment of $9,625.67 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. MARR TRAUT WELLS � �- �/��.�-��- , CONTRACTOR REPRESENTATIVE TIT E `��-.-�.�-�c� i ) 14E May 13, 1991 City of Fridley REPAIR AND MAINTENANCE OF WELL NO. 1 PROJECT NO. 215 PREVAILING WAGE VERIFICATION This is to certify that MARK TRAUT WELLS has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. MARR TRAUT WELLS �� Et�ESENTATIVE (TITL —� 14F FROM: City of Fridley Engineering Division CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY. MINNESOTA 55432 RE: FINAL ESTIMATE - Wel! No. 4 Period Ending: May 13, 1991 TO: Honorable Mayor and City Council City of F�idley 6431 University Avenue N.E. FOR: MARK TRAUT WELLS Fridley, Minnesota 55432 151 - 72ND AVE., S. ST. CLOUD, MN 56301 DATE: May 13, 1991 REPAIR AND MAINTENANCE OF WELL NO. 4 PROJECT NO. 215 601-60-000-6022 STATEMENT OF WORK ; :::::::::.:..::.;::::;. ;:.:::.::<::..:.;::::;::..:::::::. :..;:::;.::::.:.:::>:::::.:;:;:: ..::. ........ :.;.... ...:: ;..:.::..... ,'.::::;;.::<,>:::;::::> .;>::;:::>>.:;:::.;:::: .:.:::<;::: ...:;. ;>'>'' ;' .::>:: ::.::: ' ' :.;:.... . .�lI�ItT` :;;:>;::::>:: .. : AN"C17'`Y :: , _:.; ._ ..:.::::.....:::::::..:::::.....::.:.....:..:::::.......:::.:..::.::: �11...,..:.........::'�'f�i$....:.::�iUAN'i'1T1C::;::.>:>;;:1s,(VLflIJ.I�T; ; »> ..::;>::::>:;>: .; ;:.... ::.: :: .. :::::... ... :: . .::.::: , ;::::.;. ... .... :.:... , ; ;;::; ::::::>:.;::::;>::....�f.�[�tTl3A �" �T�Nt :`::: :::;::;:..<>:::::>::>;: P 1 > > ;: <::<><;: <;;::<;; ... : ; < , ::. ::.. .......... ..:.. .:::.....G:.. ....::. . ...... .. .....:::.:.. ::::::::.... .::::R: ��:.:.:..: :: ��TL1�fA'l?'� ::..;: .;:.:: :"f'C1.��►T�....: ; T`Q �A7� ;; ; Pull, inspect, and reinstall pump 2,500.00 1 1 $2,500.00 Rubber Bearings 15.00 37 37 555.00 Stuffing box bushing 75.00 1 1 75.00 Straighten, blast and paint shafts 275.00 1 1 275.00 Sandblast & paint column 400.00 1 1 400.00 Remove and replace shaft sleeve 35.00 37 37 1,295.00 Column Pipe 8" x 10' 160.00 27 27 4,320.00 Lineshaft coupling 7.00 13 13 91.00 Lineshaft 1 1/2" x 10' 75.00 14 14 1,050.00 Suction pipe 8" x 10' 125.00 1 1 125.00 Cone strainer 8" 85.00 1 1 85.00 Spiders 8" 35.00 3 3 105.00 S.S. headshaft 225.00 1 1 225.00 American Turbine pump 3,850.00 1 1 3,850.00 Trade-in pump (500.00) i 1 (500.00) Water level indicator 75.00 1 1 75.00 Disinfection 95.00 1 1 95.00 Test pumping 50.00 1 1 50.00 Packing boxes 25.00 1 1 25.00 TOTAL 14G $14,696.00 � FINAL ESTIMATE - Well. No. 4 Mark Traut Welis Page Two SUMMARY: Original Contract Amount Contract additions - change order nos. Contract deductions - change order nos. Revised contract amount Value Compieted To Date SUBTOTAL Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR $20,734.00 0.00 0.00 0.00 $14,696.00 $14,696.00 0.00 4,100.00 $10,596.00 I hereby certify that the work performed and the materials supplied to date under the terms of the contract for this project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (and the final quantities on the final estimate are correct), and that this estimate is just and correct and no part of the "Amount Due This Estimate" has been received. ' S d''`' �� -�--� Date �G 4 Contractor's Authorized Representative (Title) CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. CITY OF FRIDLEY, INSPECTOR i � � •� � �. _ . � 1 - • ►-�= - , �r..' 14H Date �� % � Respectf Ily Submit J n G. Flora, P.E. ublic Works Director CITY OF FRIDLEY PIIBLIC WORRS DEPARTMENT ENGINEERING DIVISION 6432 IIniversity Ave., N.E. Fridley, MN 55432 MAY 13, 1991 Honorable Mayor and City Council City of Fridley C/O William W. Burns, City Manager 6431 University Ave., N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Repair and Maintenance of Well No. 4 Project No. 215 for Mark Traut Wells, 151 - 72nd Ave., S., St. Cloud, NIN, 56301. We have viewed the work under contract for the construction of REPAIR AND MAINTENANCE OF WELL NO. 4 PROJECT NO. 215 and find the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body. - Respectfully submitted, 2% � ��`""� ohn G. Flora Director of Public Works I � ��- � -.. -. . , �c L�. r - - . . _ �. .�►. _.. � �� ,.. r 141 May 13, 1991 City of Fridley REPAIR AND MAINTENANCE OF WELL NO. 4 PROJECT NO. 215 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $14,696.00 and the final payment of $10,596.0o for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. MARR TRAUT WELLS � /J ,/�/� � � c,--� /" L. �--�-L: ��-�_. � �-�G.. �7'„�t—e'� � CONTRACTOR REPRESENTATIVE ( ITLE) 14J May 13, 1991 City of Fridley REPAIR AND MAINTENANCE OF WELL NO. 4 PROJECT NO. 215 PREVAILING WAGE VERIFICATION This is to certify that MARK TRAUT WELLS has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. MARR TRAUT WELLS 7' ��_. �� c�cw�(�s�� "'�"� f �'�ss�i �"EC''�`�J TRACTOR REPRESENTATIVE (TITLE 14K May 13, 1991 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY REPAIR AND MAINTENANCE OF AELL NO. 4 PROJECT NO. 215 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the,contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor. Ralp}�'Volkman, Public Works Superintendent . � t--�-- �� -�� , �, _ ( .� W ractor Representative, (Titl 14L