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03/20/1995 - 4897� anor rwa� FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Monday, March 20, 1995-;' 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER ! � �� l 1' �►- � � � ' �� _ � �-/.3� �e�u�2� �o-�.�.� �� --��— �� s-�; p,.� �� '-�' � � � � � , � � � FRIDLEY CITY COUNCIL MEETING OF °TM oF MARCH 20, 1995 FRIDLEY T'he City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabiIities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (T"I'D/572-3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Council Meeting of March 6, 1995 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #94-04, by Ceann Haluptzok) (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.06 FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA (CONTINUED): NEW BUSINESS (CONTINUED� Receive Bids and Award Contract for Sanitary and Storm Sewer Repair Project No. 277 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.05 Receive Bids and Award Contra�t for the Purchase of a High Velocity Sewer Cleaner (Jetting Machine) . . . . . . . . . . . . . . . 7.01 - 7.03 Resolution Determining that a Public Hearing (on April 24, 1995) is Necessary to Consider the Proposed Transfer of - Control of Minnesota Cable Properties, Inc. ..................................... 8.01-8.07 Resolution Requesting the Legislature and Governor of the State of Minnesota to Pass and Sign into Law Specia! Legislation for the Fridley Housing Replacement Program . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.09 � ; FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 Page 4 APPROVAL OF PROPOSED CONSENT AGENDA (CONTINUED): NEW BUSINESS ICONTINUEDI: Claims ................................... 10 Licenses ................................. 11.01-11.08 Estimates ................................. 12 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 Page 5 PUBLIC HEARING: Establishment of a Special Taxing District for the Harris Pond Treatment Program (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 - 13.07 NEW BUSINESS: Authorize the Special Assessment for the Treatment of Harris Pond; and, Authorize Agreement Between the City of Fridley and Lake Restoration, Inc., for the Treatment of Harris Pond (Ward 2) . . . . . . . . . . . . . 14.01 - 14.02 Approve the Human Resource Commission's 1993 CDBG Fund Reallocation and 1995 CDBG Allocation Recommendations . . . . . . . . . . . . . . . . . . . . . . . 15.01 - 15.11 . u � 0 R 0 FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 NEW BUStNESS (CONTINUED� Approve Agreement for Comprehensive Recycling Services befinreen the City of Fridley and Super Cycle Incorporated . . . . . . . . . . . . . . . . 16.01 - 16.18 Receive Bids and Award Contract for Rice Creek Playground Equipment, Project No. 278 (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.10 First Reading of an Ordinance Amending the Fridley City Code, Chapter 220, by Amending Section 220(13){6) "Inspections" of Residential Rental Property and Licensing Code ................................. 18.01-18.04 Informal Status Reports ADJOURN: .......................... 19.01 Page 6 � FRIDL�Y CITY COUIVCIL METTING OF MARCH 20, 1995 P,��. C..�-� �' � CITY Of FRIDLEY T'he City of I�ridley will not discriminate a�ainst or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, crced, rcligion, national ori�in, sex, disability, agc, marila) status, scxual oricntation or status with rc�ard to public assistancc. Upon rcqucs[, accommodation will be provided to allow individuals witl� disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who nced an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572- 3534) PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Council Meeting of March 6, 1995 . ��,,� , , � GL.I.J � ,, �-'"�-z�r`= � APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSlNESS: Second Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #94-04, by Ceann Haluptzok) (V1/ard 2) . . . . . _ _ . . . . 1.01 - 1.06 r,t..�C�,�� t� ��'`.� c�C CJ�zC.a1. v� �� u� �� , �� _...._.___� — NEW BUSINESS: First Reading of an Ordinance Recodifying the F�idley City Code, Chapter 103, Entitled "Dangerous Weapons," by Adding Section 103.06, "Fees," and Renumbering the Remaining Sections Consecutively, and Amending Chapter 11, "General Provisions and Fees," 103, for Firearms __.._ 2.01 - 2.02 �,1.� �....te-�--f � � First Reading of an Ordinance Repealing Chapter 801 of the Fridley City Code in its Entirety, Entitled "Curfew," and Adopting a New Chapter 801 Entitled „Curfew" . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.07 a�--.�-2 � 2� c� NEW BUStNESS (CONTINUEDI: Establish a Public Hearing Date'for April 24, 1995, for Street lmprovement Project No_ ST_ 1995 - 2 . _ . . . . . . 4.01 - 4.07 . : �� --� �',�, � � �/z �/f-1a"" Receive Bids and Award Contract for Voice Processing System _ _ _ . . . . 5.01 - 5.03 �� z �� ,��,E's-- a� c �i �L��— � �'='`�'n �-.� �_,�,,; -s�.rs �� s � % .�� Receive Bids and Award Cont�act for Sanitary and Storm Sewer Repair Project No_ 277 _ . . . _,, _ . . . . _ . . . 6.0'I - 6.05 � 1,^-tr� �,;,i � <� l' -� -•-.��. . � � , � � �'y��T � �i�' '+� �r�, �-L� rti Receive Bids and Award Contract for � the P�rchase o# a High Velocity Sewer Cleaner (Jefting Machine) . 7.01 - 7.03 / � f/L►"'"y �;ti.-� , t-' � !3 /1% � CF . -- � �, � s�� y Resolution Determining that a Public Hearing (on Apri124, 1995) is Necessary to Consider the Proposed Transfer of Control of Minnesota Cable Properties, lnc. .__... .•-• 8.01-8.07 �� `,�-(�'s �- �`-G�-�- . Resolution Requesting the Legislature a�d Govemor of the State of Minnesota to Pass and Sign into Law Special Legislation for the Fridley Housing Replacement Program . . . . . . . . . 9.01 - 9.09 � �: ��_� ��,�- ��- APPROVAL OF PROPOSED CONSENT AGENDA fCONT1NJED� NEW BUSINESS (CONTINUED� Claims .... ................. 10 ��Z, Licenses . . . . . . . . . . . . . . . . . . 11.01 - 11.08 � � c..+v�� ..�r�..� i1` _._ . Estimates .................... 12 t: :� �.�t. ,�.-x...�� ,�, ADOPTION OF AGENDA: � ��'.1�-� ✓ OPEN FORUM. VISITORS: NEW BUSINESS ICONTINUED,: Approve ttie Human Resource Commission's 1993 COBG Fund Reallocation and 1995 CDBG Allocation Recommendations . . . . . . . . . . . 15.01 - a 5.11 ��.� ,�,,�`�°- � /� �� /� �'�,•-- r�z� C_l`"�� y �� > c, i9 � �� %f ' � H--,E_ ��, �.r,,, .y;," �� Approve Ag�eement for Comprehensive .{,r-�� Recycling Services between the City of '%�`"'�`��'"'.�- Fridley and Super Cycle Incorporated .... 16.01 - 16.18 �� Receive Bids and.Award Contract for Rice Creek Playground Equipment, 1'roject No. 278 . . . . . . . . . . . . . . . . . . . . . . 9 7.01 - 17.10 ,;'Zc. y( ..�,..�,�L, - Ltti,.�--��( .tt ,?�7ryf �%IC . : � <_ �.-�,',,,-��—� �� J�u`�% �,� �� m� �r� . `f � (Consideration of Items not on Agenda -15 Minutes) �� ,•�`-'y�-..�1�—�.. PUBLIC HEARING: Establishment of a Special Taxing District for the Harris Pond Treatment Program (Ward 2) . . . . . . . . . . . . . . . . . . . 13.01 - 13.07 � — �, � .. Z) C � �%S5� NEW BUSINESS: Authorize the Special Assessment for the Treatment of Harris Pond; `� i� !'� �r G and, ,/ Authorize Agreement Between the City� �j,�� of Fridley and Lake Restoration, Inc., fo� the T�eatment of Hams Pond (Ward 2) .. 14.0'! -14.02 First Reading of Amendment to Renta! fnspection Ordinance . . . . . . . . . . . . . . . . . 18.01 - 18.04 ��G,� — �` `' � /Z�� ✓ ��v / Z�,.�Z`�� Informal Status Reports . . . . . . . . . . . . . . . 19.01 � � � ��• ci �'�� .."� S- f -,k�- Z�� -�-`�" ADJOURN: � �,` Z Z � 1Z�� , � S� � `,�� e�� ''` ,�-�y„' � G� .�,r'.." �� r��-'L �� 1' ' ^ /J '/1 ��N"�c � %-�/� r9 (i�, 1 ,��-�—" ",%''� �- �.i� d`� " THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 6, 1995 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: Mayor Pro Tem Schneider, Councilwoman Jorgenson Councilman Billings, and Councilwoman Bolkcom Mayor Nee Mayor Pro Tem Schneider stated that Mayor Nee breaking several bones in his leg and will weeks. CERTIFICATE OF APPRECiATTON: is recuperating after be back in several MARY JANE SCHREINER. PARKS & RECREATION COMMISSION: Mayor Pro Tem Schneider stated that the City has several commis- sions and residents who serve on a volunteer basis making recom- mendations to Council in the area of their specialty. Mayor Pro Tem Schneider stated that Mary Jane Schreiner has served a number of years on the Parks and Recreation Commission, and he was pleased to present her with this certificate of appreciation for her services on the Commissiori from Ap�ril, 1982 to J�nuary, 1995. Ms. Schreiner stated that she was-proud to serve on the Parks and Recreation Commission, and the City is fortunate to have Jack Kirk, Di:rector of Recreation and Natural Resources, on its staff. She stated that the Commission looked to him for input, both pro and con, so that they could best serve the residents. She stated that the Commission has submitted many recommendations which the Council has not always agreed with, but she was happy that the litt].e brick structure in Riverview Heights Park would not be removed. Ms. Schreiner stated that she now lives in New Brighton, and that is the reason she left the Commission. She stated that.she hoped to get involved with the Parks and Recreation Commission in New Brighton. FRIDLEY CITY COi1NCIL MEETING OF MARCH 6, 1995 PAGE 2 PROCLAMATION: VOLUNTEERS OF AMERICA WEEK MARCH 5 THROUGH 12 1995• Mr. Burns, City Manager, read this proclamation outlining the services and programs of the Volunteers of America and declared the week of March 5 through 12, 1995 as Volunteers of America Week. since no one was present to receive this proclamation, Mayor Pro Tem asked that it be forwarded to the appropriate persons. APPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 27, 1995: . MOTION by Councilwoman Jorgenson to approve the minutes as presented.. Seconded by Counci.lwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion .carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: Mr. Burns, City Manager, briefly reviewed each item on the consent agenda.� Councilman Schneider requested that the livestock license for the Fridley '49ers (C-R Pets) be removed from the consent agenda. l. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND.ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION RE4UEST, SAV #94-04. BY CEANN � HALUPTZOK) (WARD 2): . Mr. Burns stated that this is a first reading of an ordinance to vacate a portion of a. drainage and utility easement at 7580 Brigadoon Place. He stated that there was an encroachment of a garage by six inches into this easement. The owner has agreed to sign a hold harmless agreement with the City. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 2. ESTABLISH A PUBLIC HEARING FOR MARCH 20 1995 FOR THE ESTA- BLISHMENT OF A SPECIAL TAXING DISTRICT FOR THE HARRIS POND TREATMENT PROGRAM (WARD 2): Mr. Burns stated that the residents abutting Harris Pond have been submitting annual requests for weed and algae`treatment, and it has been suggested that a program be established for this to be done automatically. He stated that if there is not a petition from l00 percent of the property owners, a public hearing must be held on March 20, 1995. He stated that if 100 FRIDLEY CITY COUNCIL MEETING OF MARCH 6, 1995 PAGE 3 percent of the property owners agree, a public hearing will not be necessary. He stated that both the City and the property owners would share in the cost; $3,000 for the Czty and $3,000 for the property owners. He stated that weed treatment would occur every four years and algae treatment each year. SET PUBLIC HEARING FOR MARCH 20, 1995: 3. APPOINTMENT: CTTY EMPLOYEE: Mr. Burns recommended Kurt Jensen-Schneider for.appointment as Planning Assistant, Code Enforcement Officer, to replace Steven Barg. He stated that Kurt graduated_from St. Cloud State University and has worked as an intern for the City of Fridley, as well as for the City of Becker and St. Cloud State University. APPROVED. 4. CLAIMS• APPROVED - NOS. 60560 through 60701. 5. LICENSES• APPROVED, WITH THE EXCEPTION OF THE LIVESTOCK LICENSE FOR THE FRIDLEY '49ERS (C-R PETS) WHICH WAS PLACED ON THE REGULAR AGENDA. There were no comments from the audience regarding the proposed consent agenda items. MOTIOI� by Councilwoman Jorgenson to approve the consent agenda items, with the exception of the'livestock license for the Fridley '49ers (C-R Pets). Seconded by Councilwoman Bo2kcom. Upon a voice vote, al1 voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Bolkcom to adopt the agenda as submitted with the addition of the livestock license for the Fridley '49ers (C-R Pets). Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. FRIDLEY CITY COIINCIL MEETING OF MARCH 6. 1995 PAGE 4 OLD BUSINESS• 6. VARIANCE REQUEST, VAR #95-01 BY EQUITY DEVELOPERS INC TO REDUCE THE REQUIRED LOT AREA FROM 32 , 670 SQUARE FEET TO 23 000 SQUARE FEET, GENERALLY LOCATED AT 970 OSBORNE ROAD N E (WARD 21 (TABLED FEBRUARY 13, 1995): Mayor Pro Tem Schneider removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the required lot area from 32,670 square feet to 23,000 square feet in an M-1 zoning district. He stated that there is C-2 zoning to the east and M-1 zoning to the south and west of this parcel. Mr. Hickok presented the history of this parcel. He stated that in July, 1962, Nagel's Woodlands was plated, and the subject parcel,. which includes 0utlot 1, is a composite of what appears to be three small parcels. He stated that in 1988., RMS purchased outlot 1 and in June, 1988, a demoli-tion permit was issued to remove �n old home on this outlot. Mr. Hickok stated that in November, 1989, a variance was approved for RMS Company to increase the lot coverage and reduce the hard surface setback in order to allow for expansion of the existing building. He stated that a rezoning request was approved in December, 1990 to rezone from C- 2 to M-1 to allow for expansion of the building by RMS which never occurred. Mr. Hickok stated that RM5 Company sold their building at 980 Osborne Road to Premier Industries in 1993. He stated that in January, 1995 there was a request for a variance for a landscaping business. The plan was missing many essential details, and the developer was contacted to submit a more detailed plan. He stated that on January 23, 1995, the Council tabled action on this item to determine how the hardship was created. He stated that the hardship was created when the property was sold to Premier Industries, but the small parcel was no.t sold. , Mayor Pro Tem Schneider stated that the hardship was created because the twa parcels were not combined. Mr. Hickok stated that an alternative solution would be to rezone the property back to C-2. He stated that the minimum lot require-- ment for a C-2 zone is 20,000 square feet, and this site exceeds the minimum lot area for a C-2 zoning district. He stated that the awner has agreed this parcel should be marketed as a commercial site rather than an industrial site. Mr. Hickok stated that Council's options regarding the variance request are: (1) approve the variance with the stipulations recom- mended by the Appeals Commission; (2) deny the variance which would prohibit development of the parcel; or (3) table final action on FRIDLEY CITY COUNCIL MEETING OF MARCH 6, 1995 PAGE 5 the variance request until the petitioner successfully rezones the property at which time the.petitioner should withdraw the variance request. He stated that staff would recommend the third option, as the petitioner is willing to file a rezoning request and would withdraw the variance request. MOTION by Councilman Billings to table this variance request, VAR #95-01, and direct staff to bring it back to the Council at their discretion. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. NEW $USINESS• 7. RESOLUTION NO. 20-1995 AUTHORIZING FUNDING OF PROJECT SAFETY NET• Mr. Sallman, Public Safety Director, stated that Project Safety Net is a combined effort of Kevin Thomas, Outreach Worker in the Police Department and Debi Campobasso, Program Specialist in the Recrea- tion Department. He stated that in researching what could be done with curfew violators, it was felt that this program combined with an activity program for youth in the evenings would help get youth off the streets. Mr. Sallman stated that those youth in violation of the curfew law would be dropped off at the center. Workers would �ontact the parents or guardians, and at the same time, have a consultation with the parents why the youth are out late at night. He stated that in addition to the curfew violation component of Project Safety Net, the program would provide positive recreation opportu- nities for youth ages fourteen to eighteen on weekend evenings. He stated that these activities would be supervised by outreach workers to try to keep yauths off the street at night and to keep them from getting into trouble or becoming victims. Councilwoman Jorgenson stated she was glad the ages of youth could use the drop in center was addressed, as she had several calls regarding the age limit. Councilwoman Bolkcom stated that the idea is to begin with a small program and, at some point, the program could be expanded if it is successful. Mr. 5allman stated that this would be a trial program, and he hoped to build o�n its success. He stated that if it is successful, there are a lot of options. Mayor Pro Tem Schneider asked if there would be some publicity regarding the program. Mr. Sallman stated that the Police Department is reviewing a change in curfew laws. He stated that residents will be notified of the FRIDLEY CITY COUNCIL MEETING OF MARCH 6, 1995 PAGE 6 curfew and violators would be picked up by police officers. He stated that they would post notices at schools so that the youth would be made aware of the curfew�and recreational activi.ties that are held on the weekends. Councilwoman Jorgenson stated she remembered in her teen years that a whistle would sound when youth had to be off the streets. Mr. Sallman stated that this was discussed at a crime watch mee- ting, and it would probably be done. Mayor Pro Tem Schneider stated that he and Councilwoman Bolkcom discussed this program on cable television, and it sounds exciting. He stated that staff deserves credit for organizing this program. MOTION by Councilwoman Bolkcom to adopt Resolution No. 20-1995. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 5. LICENSES• LIVESTOCK LICENSE - FRIDLEY '49ERS C-R PETS : MOTION by Councilwoman Bolkcom to approve the livestock license for the Fridley '49ers (C-R Pets). Seconded by Councilman Billings. Councilman Billings stated that, apparently, some members of the Council still have questions on this license so until these issues can be_resolved, he moved the following: MOTION by Councilman Billings to table this livestock license for the Fridley '49ers (C-R Pets). Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mayor Pro Tem Schneider stated that he has a coneern about tfie welfare of the animals, and he did not know if there is any further information that would change his mind. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there are three items to be discussed informally after this meeting: (1) collection of plastics as part of the City's recycling program; (2) proposal for Stonybrook Creek improvements; and (3) a plan for the improvement of Old Central Avenue. Mr. Burns stated that staff has a meeting with Anoka County on March 20, 1995.. He felt it would be appropriate to determine what improvements should be addressed in regard to Old Central Avenue before this meeting. FRIDLEY CITY COUNCIL MEETING OF MARCH 6 1995 PAGE 7 Ms. Dacy, Community Development Director, stated that Council and the Housing and Redevelopment Authority are sponsoring five focus groups whose purpose is to find ways to improve housing and promote rehabilitation programs in Fridley neighborhoods. She stated that the first meeting will be for the Hyde Park neighborhood, and Beisswinger's Hardware has agreed to provide gift certificates for residents involved in these neighborhood meetings. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared.the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 6, 1995 adjourned at 8:08 p.m - Respectfully submitted,. Carole Haddad Secretary to the City Council Dennis L. Schneider Mayor Pro Tem r _ � � Community Development Department PLANNING DlYISION City of Fridley DATE: March 16, 1995 � TO: William Burns, City Manager fi'^ FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Second reading of an ordinance to vacate a portion of the easement at 7580 Brigadoon Place N.E. in orde.r to correct a garage encroachment (SAV #94-04). . Staff recommends approval of the request by Ceann Haluptzok to vacate that portion of the Easement over Lot 7, Block 2, Blomberg Estates, affected by the existing garage encroachment subject to the following stipulations: 1. A legal description of the area to be yacated shall be submitted to the City prior to recording the vacation at Anoka County: 2. Verification of utility locations and acknowledgement of intent to vacate shall'be documented, with copies submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. _ PLANNING COMMISSION RECOMMENDATION: � The Planning Comipission concurred with staff's recommendation The Commission did express concern about setting a precedence and asked that the minutes reilect that concern and recognition that if this request had been made for an area larger than the 6"+/- they would not support such a vacation. PUBLIC IiEARING COMMENTS: The Public Hearing for this item was held on February 27, 1995. City Attorney, Virgil Herrick recommended that a hold harmless agreement be attached as a_third stipulation. 3. The Petitioner, her heirs, successors and assigns-shall �� hold harmless for any injuries or. damages to property.. by reason of the construction of�a garage within the City's drainage and utility easement. a copy of the hold harmless document has been attached for your 1.01 Ceann Haluptzok March 16, 1995 PAGE 2 review. BTAFF RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission and City Attorney's recommendation and approve the final reading of the vacation with the three, previously stated stipulations. SH/ M-95-172 1.02 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate a small portion of a drainage and utility easement on the south property line of Lot 7, Block 2, Blomberg Estates, in order to correct a garage encroachment, generally located at 7580 Brigadoon. Place N.E. All lying in the North Half of Section 12, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulations adopted at the City Council meeting of SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR February 27, 1995 March 6, 1995 1.03 A G R E E M E N T This Agreement, dated this day of , 1995, by and between Ceann Haluptzok, a single individual, (hereinafter referred to as "the owner"), and the City of Fridley (hereinafter referred to as "the City"j. WHEREAS, the owner owns residential real estate in the City located at 7580 Brigadoon Place N.E. and is legally described as follows: Lot 7, Block 2, Blomberg Estates (subject to easement of record). WHEREAS, said property includes a ten foot drainage and utility easement along the entire south property line; and WHEREAS, a small portion of the drainage and utility easement has been vacated to accommodate a garage whose �:r� foundation was erroneously placed within the easement; and WHEREAS, the City has agreed to vacate said portion of the drainage and utility easement allowing the structure to remain upon certain conditions. NOW, THEREFORE, in consideration of vacating a portion of the drainage and utility easement, Ceann Haluptzok, her heirs, successors, and assigns hereby covenant and agree as follows: 1.04 Haluptzok Agreement - Page 2 l. Ceann Haluptzok shall provide a legal description of the area to be vacated shall be submitted to the City prior to recording the vacation at Anoka County. 2. Ceann Haluptzok shall provide verification of utility locations and acknowledgement of intent to vacate shall be documented, with copies submitted to the City, prior to recording this vacation with the Anoka County Recorder's Office. 3. Ceann Haluptzok shall hold the City harmless for any injuries or damages to property by reason of her construction of a garage within the City's drainage and utility easement. 4. Ceann Haluptzok, her heirs, successors, and assigns shall defend the City against any and all claims arising as a result of construction within the drainage and utility easement. The City may defend and charge the costs of such defense against Ceann Haluptzok, her heirs, successors, and assigns, and assess such costs against the subject property if adequate and timely defense is not commenced on the City's behalf. 5. Ceann Haluptzok, her heirs, successors, and assigns,agree to promptly pay any sums due under this agreement. 1.05 � Haluptzok Agreement - Page 3 The City may pursue judgments to collect the amounts owing under this agreement, and if said sums are not promptly paid, the City may assess the costs against the subject property. CITY OF FRIDLEY sy : � '�.G�,.�.. �. �t�t�/y William W. Burns Its City Manager Ceann Haluptzok STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1995, by Ceann Haluptzok, a single individual. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1995, by William W. Burns, City Manager of the City of Fridley. Notary Public 1.06 A"?'. //%ie.,,_, r� ��\\ �/� �� {�. ��.: � � .. POLICE DEPARTMENT City of Fridley Minnesota DATE MARCH 9, 1995 FROM DTRE .TOR SALL SUBJECT PROPOSED ORDINANCE CHANGE TO CHAPTERS 11 AND 103 MEMORANDUM �� TO ACTION INFO BILL BURNS, CITY MANAGER X Attached is a proposed ordinance change that is of a house cleaning nature. State Statute 624.714(6) authorized municipalities to charge $10 for permits to carry. Passing of this ordinance will adopt that statute to City Ordinance for fee collection. Previously, Chapter 103 did not mention fees. Chapter 11 did have a$25 charge for permits issued pursuant to Chapter 103. By adding 103.06 Fees and clarifying what fee is charged for which permit in Chapter 11, permit charges are clarified. Staff recommends making this change as part of the consent agenda, if possible, at the March 20th Council Meeting. 0 2.01 ORDINANCE N0. AN ORDINANCE RECODIFYING THE FRIDLEY CI'i'Y CODE, CHAPTER 103, ENTITLED "DANGEROIIS WEAPONS", BY ADDING SECTION 103.06, "FEES", AND RENUMBERII3G THE REMAINING SECTIONS CON5ECIITIVELY, AND AiIENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES", 103, FOR FIRE ARMS CHAPTER 103. DANGEROUS WEAPONS 103.06 FEES Permit fees shall be as provided in Chapter 11 of this Code. CHAPTER 11. GENERAL PROVISIONS AND FEES 103 Fire Arms �9 Permit to Carrv 10 00 Permit to Discharge 25.00 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publish: 2.�2 WILLIAM J. NEE - MAYOR March 17, 1995 To: William W. Burns-City Manager ,�'�� From: Kevin Thomas-Outreach Worker Re: Comparison of Old and New Curfew Ordinances The old and new curfew ordinances are essentially the same with a few changes. It may help to see the new ordinance as more specific than the originaI. The new ordinance includes legal definitions of terms in the document, as well as a section on defenses or exclusions for both youth and proprietors of businessess. Tt is important to note these exclusions have been upheld by the United States Supreme Court in several cities across the country. On the other hand, cities that have instituted ordinances which fail to include the said defenses have seen their law deemed unconstitutional. The only major difference 6etween the oriainal curfew ordinance and the one being proposed is the issue of time. The otd ordinance states that the time of curfew as 9:30prri for anyone under the age of� eighteen. In addition, there is no differentiation made between week days and weekends. The new ordinance catagorizes youth into two groups: UNDER 16: WEEKNIGHTS (S, M, T, W, TH ) 10 pm-Sam WEEKENDS (F, and S) l lpm-Sam l6 AND 17: WEEKNIGHTS 11:OOpm-Sam WEEKENDS 12:OOam-Sam I hope that I have addressesed your questions �vith this brief note. Should you need any more information, please feel free to contact me. I have enclosed copies of the old and new curfew ordinances for your review. Thank you for your time and attention! 3.01 POLICE DEPARTMENT City of Fridley MEMOR.ANDUM Minnesota TO: WILLIAM W. BURNS Q v( FROM: DAVE SALLMAN � �� SUBJECT: CIIRFEW ORDiNANCE CHANGE DATE: March 16, 1995 Attached is the proposed ordinance change on Curfews. It is similiar to the ordinance adopted by Hennepin County and likely to be adopted by Anoka County. You will note that it is much more comprehensive than our current Curfew Ordinance. This is to comply with recent court decisions regardinq curfews. If Anoka County adopts a countywide ordinance that is substantially different than this proposed change, we can make a decision at that time to repeal our ordinance or continue to use it. I would like this to be placed on the March 20th, 1995 Council Agenda for a first reading so that it will be in place for the proposed start.of ��Operation Safety Net�� . Staff recommends approval. 3.02 Ordinance No. ORDINANCE REPEALING CHAPTER 801 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, ENTITGED "CURFEW", AND ADOPTING A NEW CHAPTER 801 ENTITLED "CURFEW". 801.01 FINDINGS AND PURPOSE l. In recent years> there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent A significant percentage of juvenile crime occurs during curfew hours. 2. Because of their lack of maturity and experience, juveniles are particularly suscept ible to becoming victims of older perptrators. The younger the person is, the more likely he or she is to be a victim of crime. 3. While parents have the primary responsibility to provide for the safety and welfare of juveniles, Fridley also has a substantial interest in the safety and welfare of juveniles. Morever, the City of Fridley has an interest in preventing juvenile crime, promoting parental suprvision, and providing for the well being of the general public. 4. An updated and enforceable curfew ordinance will reduce juvenile victimizatian and crime and will advance public safety, health, and generai welfare. 801.02 DEFINITIONS 1. "Juvenile" means a person under the age of eighteen (1$). The term does not include persons under 1$ who are married or have been legally emancipated_ 2. " Parent" means birth parents, adoptive parents> and step parenis_ 3. "Guardian" means an adult appointed pursuant to Minn. Stat. 525.6155 or 525.616� who has the powers and responsibilities of a parent as defined by Minn. Stat. 525.b19. 4. "Responsible adult" means a person over the age of eighteen {18) specifically authorized by law or by a parent or guardian to have custody and control of a juvenile. 5. " Public Place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transpart facilities, and shaps. 6. "Emergency" means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury, or loss of life. 7. "Serious bodily injury" means bodily injury that creates a substantial risk af death, serious permanent distigurement, or protracted loss of impairment of the function ot any body part or organ. 8. "Establishment" means any privately owned place of business to which the public is invited, including but not limited ta an.y place of amusement, entertainment, or refreshment. 9. "Proprietor" means any individual, tirm, association, partnership, or carporation operating, managing, or conducting any estahlishment. The term mcludes the memhers or partners of an association or parcnership and the ofFcers of a corporation. 801.03 PROHIBITED ACTS: 3.03 i i L It is uRlawfui for a juvenile under the age of 16 to be preseni in any public place oc estabtishment within the City of Fridley: A any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:0{} a.m. of the following day. B. any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. 2_ It is unlawfal for a juvenile, age 16 or 17 to be present in any public place or establishmeni within the City of Fridley: A any time between the 1 I:0(} p.m. on any Sunday, Monday, Tuesday, Wednesday, ar Thursday and 5:00 a.m. the following day. B. any time between 12:41 a.m. and 5:00 a.m_ on any Saturday or Sunday. 3. It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within the City of Fridley during the hours prohibited in paragraphs A and B of this section. 4. Tt is unlawful for a proprietor of an establishment within the City of Fridley to knowingly permit a juvenile to remain in the esiablishment or establishment's property dnring the hours prohibited in paragraphs A and B of this section. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy af the written notice shatl be served upon the estabiishment's propritor personally or by certified mail. 801.04 DEFENSES l. Il is an affirrnative defense for a juvenile to prove that: A tne juvenile was accompanied by his or her parent, guardian, or other responsible adult. B. the juvenile was engaged in a Iawful employment activity or was �oing to or returning home from his or her place of emplayment. C. the juvenile was involved in an emergency situation. D. the juvenile was going to, attending, or returning home from an offical school, religious, or other recr�ational activity sponsored and/or supervised by a public entity ar civic organization. E. the juvenile was on an enand at the direction of a parent or guardian. F. the juvenile was exercising First Ammendment rights protected by the United States constitution or Articte 1 of the Constitution of the State of Minnesata. G. the juvenile was enga�ed in intersta[e trav�L H. the juvenile was on the public�right of way boulevard or sidewalk abutting the property containing the juv�►ile's residence or abutting the neighboring. praperty, structure, or residence. 2. It is an at�tirmative delense; for a proprietor of an establishment to prove that: A. the; proprietor or cmployee reasonabiy snd in gaod faith r�;lied upon a juvcniie's representations �f proof and a��. Proof of age may t� establishe puruant to Minn. Stat. 34QA.S03, subd. 6, or �ther veritiable means, inc2uding hut not limited to, school identitication cards and hirth ccrtif7catcs. I 3.04 B_ the proprietor or employee promptly notitied the City of Fridley police deparlment that a juvenile was present on the premises of the estabiishment during curfew hours/. 801.05 PENALTY Violation of this ordinance is a misdemeanor. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRTDLEY THIS DAY OF ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publish: 3.05 WILLIAM J. NEE - MAYOR 801. Q��T {R�ef. 78) : � � • �• �• �� • �.i � - • •� �+a It shall be �mlawful for arry person imder the age of fourteen (14) years to be on or present in any puhlic stre��,- avenue, alley, park or other public place in the City of Fridley between the hours of 9:30 p.m. and 5:00 a.ra. of the follaaing day, tmless acoompanied by his or her parent, guardiari or person having lawful custody and oontrol of his or her person, or unless there exists a reasonable necessity therefor. �he fact that said child, unaccompanied by a parent, guardian or other person having 2ega1 custody is found upon any street, alley or public place after 9:30 p.m. or before 5:00 a.m. of the foI.lowing day, shall be pri.m3 facie evidence that said child is there unlawfully and that no reasonable excuse exists theref or. : � � ��: _�._ �.��; ►.i�; ei�i r..i��a. '��c�9 � 1. It shall be �mlawful for ariy gerson under the age of eighteen (18} years and aver the age of eleve� (li) years to loitez, loaf or idle on or about ariy public street, avenue, alley, gark or other .. public place in the City of FYidley between the hours of 9:30 p.m. and 5:00 a.m. af the following day. { 2. It shali be imlawful for any Farent, guardian or other person having the lawful care, custa�y or control of any person under the age of eighteen {18) years to allvw or permit such pezson to violate the prwisions of this C�apter. 801.03. IDITEFtIN; AT BUSIl�S Pi,�C'FS 1. It shall be unlawful for any person, firm or corpo:ration operating or in charge of any place of amusement, entertainment, refrestun�t or other gla�e of business, to permit any minor under the age of eighte�n (18) yeazs to loiter, loaf or idle in such place duzing the hours ��?�hik�ited by thi� �'napter. 2. Zhis C�apter shall not be oonstrued as permitting the presence at ariy t.ime of any person �mder the age of eighteen (18) years in any place where his or her presence is now prohibited by any existing law or ordinance. 3. Wt�es�ever the owner or person in charge or in control of any place of amusP�n�t, entertainment, refreshment or other place of business shall find persons undev�'re-�age of eighteen {18) years loitering, loafing or idling i.n such place of business, such owner or operator shall imnediately order the persons to Ieave, and if such persons refuse ,to leave, the owner or operator shall 'uir�ediately notify the Police Department and inform them of the violation. • . 3.06 801.03 ' • �� .�- � • t • a • �• �• �� • ► • c+ �a • �• � � i�. • • ��. sal—i - 801.05. I 801.04. PCtLIC� II�ff�RCfI�NT �'I� � Any ma:�ber of the police force is authorized to arrest, with or �� without warrant, ariy gerson or persons violating the provisions of this Q�►apter and any child unaccompanied by parent, guardian or other adult person having the lawful care and custody of said minor child. 801.05. Pf3�,LT�S �T� Ar�y violation of this C�apter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of C'hapter 901 of this Code. 9 3.07 � \ 801-2 I Eng�neerin, Sewer Water Parks Streets Maintenancc TO: William W. Bums, City Manager � PW95-OS6 � FROM: John G. F1or�Public Works Director DATE: March 20, 1995 SUBJECT: ST 1995 - 2 Public Hearing On March 16, 1995 we held a preliminary public meeting with the residents on 68th Avenue and Arthur Street associated with the reconstruction of those MSAS streets. As a means of proceeding with the plans and specifications for the proposed improvements, it is necessary to set a public hearing for the project. Recommend the City Council set Apri124, 1995 as the public hearing date for upgrading 68th Avenue between Monroe and Brookview, and Arthur Street between 64th and Mississippi Street, and incorporating them into our ST 1995-2 Street Improvement Project. JGF:cz �ittachment 4.01 'r . i, . �, � s CITY OF FRIDLEY NOTICE OF HEARING ON IMPROVEMENTS STREET IMPROVEMENT PROJECT NO. ST. 1995 - 2 WHEREAS, the City Council of the City of Fridley, Anoka county, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 24th Day of April, 1995, at 7:30 pm, the City Council will meet at the Fridley Municipal Center Counci{ Chambers, 6431 University Avenue NE, Fridley, MN, and will at said time and place hear all parties interested in said improvements in whole or in part. CONSTRUCTION ITEM Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, bikeway, storm sewer system, water and sanitary sewer, landscaping, and other faci{ities located as follows: STREET IMPROVEMENT PROJECT NO. ST 1995 - 2 Not Assessed 69th Avenue MSAS No. 305 Central Avenue to Stinson 6oulevard Partiaflv Assessed 68th Avenue, NE MSAS No. 325 Monroe Street to Brookview Drive Arthur Street MSAS No. 336 64th Avenue to Mississippi Street For construction item above . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $440,353.13 All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvement. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids, shou{d contact Roberta Collins at 572-3500 no later than 17 April 1995. PUBLISHED: FRIDLEY FOCUS April 4, 1995 April 11, 1995 April 1 �, 1995 4.02 OVERLAY PROGRAM SEALCOAT PROGRAM RECONSTRUCTION PROGRAM � �` 4.03 � l✓ -�. � � V-e�j-�.�� >f �- prl l � d S-� � %a � _---� �► � ��"� ��5 l,c� o Y � �-- �0 07� - �[ � M �- . �iU�`Sh � �G �'J � c , � � � s L V c� c� r�u-e o-1 +� o�- /� d a'�TY OF � �� }�-�e� �' � . � � �� o� �M � �Z � �e,. (s ) c��- FRlDLEY .y FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSLTY AVE. N.E. FR(DLEY, MN 55�32 •(6i?) 571-3450 • FAX (612) 571-1287 March i , 1995 1�� _ � �� „ �G� _ ��j� ��,�� PW95-022 � � ��- � �t-- n� -- � : - , � �� Q �,�. � l e � � � ^.- � Subject: Street Reconstruction rogram �/ � � f v �s �Yl � ��y��.. �.u��-�-� �h is s�YQ� � �1 Dear Resident: � e / � � .� t t5 ,� � � j �� L 1'" � � f Q S � �C�,Bi�ti�S �� Lt a �- ,� The City staff has been re�ewing the ' ndi on of e streets to determine their strength and �� functionality. As a result, we have developed a program to rebuild our streets and utilities in N order to maintain a safe and economic transportation system. This action is necessary to _� provide the service expected by our residents. In this process we have identified a number of : j� streets which are.over 25 ye.ars old and are inadequate in width and; strength for today's traffic. � We propose to reconstruct these City streets to bring them up to today's standards. The �a � reconstruction would include widening the street from 30 to 32 feet and installing a new surface C� tivith conarete curb and gutter. As a result of this upgrade, cuxrent State tra£fic standards, and �- boulevard consideratio parking will have to be restricted to one side of the street. >� � " �� a r ce � �zJ � o�-c� '�oY' sc��. � v o.se � c-� o �,�� , �'our s�reet has been identified for �c1usio in lJ. he 1995 stxeet recon�tru ' n pro�cam. � � �� `s � � c�� ._ .�-� � � �- .��' ��- ��G� �'rhe City proposes to fin e the asphalt curb removal, utility replacement and repair, nev� �'' asphalt surEace, drivewa rnnnections and boulevard restoration. It is proposed that the cost � C of concrete curb an tter will be assessed to the abutting properties on a firont foot basis. �'h� ��b cost of the curb d gutter is not to e�cceed $9.00 per firont £oot The assessment can be spread � over ten (10 ears 8 YCe�- �D � j � � � �� You ar nvited to attend an informational m��n in e I��unici al Center Meetin Room No. P g � 1 at :00 pm on Thursday, March 16, 1995. The puipose of this meeting is to explain the � proposed improvements, obtain comment and petition support for the reconstruction program. ' If you have any questions, please call me at 572-3550. /� � N ' % ee�s � �c�`c%es � 4o Cc�ohK- �r.c� � ��ii 5 ,� Sincerely yours, ,G � � - ` � � , .-�-�,� �, �,�. .�'��. � �� l bu� � � �-� alY� � , -� , �, j . . � ' � �1 i�j �l � vc -�" 1`eS� (��c,�s - - • � �iYri Q � 1 � � � �� p John G. Flora � ,`/ � �� Y�� ; � _ Director of Public Works �� - � � � S ' � �! . �Ja � � : GF:cz _ �((" s: l C�'L SiC�.�,�' �: .,... ►�....�. V d1 fi�-- � I�. �. i l� �-- 4.04 � �' � -�' L� � � � J ,t� 1 e �es �'� � ►'0;��`�,. r�.�� f � � �� hl� �- � YQS ��t- � �-� � � �'n � � � / /� � ` ' � p�,/:e " � �, 1/ e� �rn�i �-t� Gi�'h �? v�, �.,c..� � i�Yr-P C' �1 Vl ��1 i� �, �" ! � �r / ; S v � s � i1%a �Q �Q. , �. � �- ��d . � � Qls o � � � .�^ / � � �� "`�"`�, `-� � - - ` � u �- I r;-�..t lC c � � �.� ` � —� s—� ��.� � � �1 � ` `�� / � , � ¢d� : G �S 1 �-� ` '�� o S c�.�t G��.� ��v (� 2✓1 V � � � � ' � :GCe�� i . �� ° i;�cro� � .,� - . ; _�� `�`�'G � - �'°- - :.. :�' �� ` _ '7 I d l L�� Q � �; . - �..,f��.�,• ��; � C, �,�„ ��f,•-�h.f � � F � ��.� CG�� • ��. � /U` � � -�� c�� 1� � -� ` �'" �1��. . �:3; �_�;��:�,�:;�i.;::��:._�,�_��.��,�,:,.��},_��„£�� i�4.05 �a wl�� -- w�.� ��r� : . . � � o w ��.. � � � Ke, � �� ..� -�-e� -tzt l � V ta�v�l � �Ci s � `t' � �S IM Y�t h,-�-! c� -F' -f-�.'e- S�''' � s � w 11 ° s ��'e ��e_ �` `� � � , , i� -� � -� � � F�ti dl � h-�w ��, � --��.�- � a�, �. -f-c� ,,Q S.�- ,�o-f- � 4� v� a�wl-e. a--f' � o ao -. (��' . _ I � 1,, 1� .� .. v�, �� `c�, , I �Q�SI (,� i VL(� � � � '` . � i� I L�" �5 � c ousf� ��i,c {� rv�a� 1�'�� Q S� -�-�' d-- h..vt�. -� i�S t�k�rv 1�.� i �(�' '� Y lt1 Qll� Ci w'i C� T � 1�C2._ (�(,J i`� �� S � , /'" ��` 1 � ! c �v� ! � I.�� 1�,,_,o'�l vr�, S o—r►'� • � � � ��nCa . � �, .�, . �� . �, .. � 4.06 e �� LM105101 City of Fridtey 3/13/95 , Global Lceation Fi(e Inquiry 12:53:46 �location ID , . . . . . . . 68350 i location address . . . . :�Q�,�E E �' City, state, zip ...: FRIDLET MN 55432 Carrier route . . . . . � :� �i!�` f 1 r ,�_`� � �,� . _ � ;.�;� ��: r:.�,� �; � " • '� �, ��: r� `�'<.l�`, �`� ' .?�r�i�� ':� Owner carrie� route . . . . Phone rxmber - - - - • - • Owner type . . . . . . . . PERSON Old Account Number . . . : 235610200 Pin Number . . . . . . . : 13-3D-24-23-0050 Press Enter to continue. F3=Exit P5=8ldg Permits inqui�y F6=Licenses inquiry `` F12=Cancel F24=More keys 01-01 SA Nu KS IM lI S1 PRIDLET KB 4.07 ►�' TO: AILLIAM A. HIIRNS, CITY MANAGER �' FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SIIBJECT: RECEIVING BIDS ON THE VOICE MAIL SYSTEM DATE: March 16, 1995 Attached you will find the bid recap sheet identifying the vendors that responded to the request for bid provided to us by EPIC USA. You will also find their evaluation and recommendation of the two lowest complying vendors. We had six vendors respond to our request and found that two of the vendors bids would require additional phone._system upgrade costs rendering their bid non-compliant. The bidding process required both the hardware cost and the 5 year maintenance cost be considered when evaluating the vendors proposals. Out of the remaining four bids, Collins Communications had the lowest overall proposal. Staff recommends that on Monday evening, Council receives the bids and finds Collins Communications low bidder at an overall cost of $33,587.39. RDP/me Attachment(s) 5.01 MAR-16-95 THll 15:22 EF'ICUSA Ei=�i� �-.- _ - _ = �-_�=_� �1,EC�3n3t7NfG1T�ONS AND INr�Ra7ATTON SYSTEn15 CONS[1x.T1NG �TTY C� �RIDLEY V�7�GE PROC�SSiNG B�� EVALUATI(J�i P, 02 T�le bid ��ur�� was �e�d at the City of Fridley Couzl.cal Chambers at X0:0� a.m. on Fridav; ��arch 10, 1995. Bidders ixi �ttendance were: .A.TS, Collins Comznunications, �iarstaz� CC±mrnuni.C�txOnS, SPC Coxx►.munications, arid Wilte� Cozxizx�unicatiozis. Foilowi�x�,g i.s an overview of the t�*o XowQSt bids. �C��:�T�1S CC��I�UNICATIC��TS �Ga�� E�ia ��xi.ce �c�r a Centxgxaz�1 �P120 vozce pxocessing sS�stexz� i� �23,�?3.16_ Tk1e total price �c�r. year� 2-r xzlai.zlt�nance is �6,983.75. The total �re ��ear in��estzx�.ent p�ice is :�29,'�6.9�. Cplli�s xs the la�� bid vez�dar. The base bi.d pzice includes the teXephone sets requ�.r�c� f�r a Centi.�'am iniegxa�ion. Coliins a�so included a pxi.c� to upgrade tk�� t��e��l�o�e svs�em. t� P�elease �4 softu�axe wh�ch is a requirezxi.ent for voice z�ail zz,.teg�atic►n to a Centi�ram. '�'��.is price is $3,50�.45 and �nc�udes new equipxzient requir�d. The quote �or refurUished equipment fra�qn �Collins is $2,48�.37, The teiepho�te sy5tern may al�o r�quire azz axtalog station caz�d to support the eight {8) voice maxX ports if. th� cit}T does x�ot ha�e �he a.vailable ports on th� existing con£�guxatican. This card would k�e $3,363.5D n�w and $2;3b4.33 �ox a��;Eurbished cazd. SPC COMMU��TYONS �asQ bid price £or a Centig�razxi AIP120 vaxce processing sysfezx� is �19,525.OQ. 'T'he total �ric� fpr yea�rs 2-5 maintenax�c� is $11,45�k_00. The total fi�Te yea�r investment pxxce is $3�,979,00 Thxs �rice �uts SI.'C as the secoztd Iow�st biddex. Upon analysis of fk�e bid documzz�t �1ov��ver, Epic US.A discovered that SPC did not propose tlne telephone sets �equired to integxa�e the Cexttzgram systent tk�e Northern Te�ecox� telEphone systez�. This fact arender� the�r pxoposai nan-coz�pliant. I�CO��NDAI70N Epic US,A, recommends systez� as well as the Cozx�x��.unications. that the City a� �ridley purchase the Centigrazn vc�zce mail refurbis�.ed equipment upgzade solufiion f�rozx� �ollins March X6, �995 rj.02 Bpic USA, Znc. � � 0 � � � � �a�.° � � � �..� � • r�•{ � � w �' � w c ,� � � � �� .,-� � O �� V • 7� O � � � r� � � ,v U o, � H ;n � z � � � 0 � � � � � u � E- Q � 0 � 'ti A � U .� � � � o N � � Q N �--� � .� ¢ p � � � a � � � �� N L � L' � G � t..% � � � � � � � � � V � � � � 0 � m cr� [�1 � � �7 r GJ a � � � � w O N 0 0 H U) a� � � O O � � �D � � 0 � c� � �si � r; � N � O � � N � a � � � � � � � ; °o�So °o_ o '��. � � � � � � � � � N N N rn .-i � � M �� Q ,r� op O � N � � � d` �i L� 00 �D c+� � � � � � Q � -4 � ` �ry � 6e�� y�4 � � J3 � d�°r FR �nc�►r'i,ry •�o � � ��: °o$ oc`,1 � o c T n r� .--� ri r-i �--� 1� � Z � Efi3 di 5{i �Fi fft • � � ry c��, � � `v'3 ra'i, �� o ri �c � n oor. .o � � �O �O n CO � c+� •--i •--� e-�i r` ER � �� O O O � �? d` `� �� ° � � ri, � N N N N �--� � �, � �R � Hi EFr �, a �'��'' � � .� a u � � � ? � � � � � � d '� � W � ��,� � c N C� d� �t7 '�"` r�-� � .-� � �. u ��p. F. .�. t� %" �+ !�' i" � � tn � � � E"� O � 5.03 � � 0 z ri � �^ /i-�� V � W O � '� � G 'G � � � :� P+ � '� _� � E"� � !"� � ..�'.r � :n 0 ^J � 04 � � O ''� �f W a .� .� Cy. � � '6 � � � O U 1-r%y J � J � � � O O .� r � C J lr � � J !n b0 .� .� GJ '� � (1. .� y O U * � � � y .� O" � � � :�Q � � �, p r� O �, � .� � J �: .� ac _y � � � "a .� O J .►+ O � C4 * � � v: � .��.' W ��'J m £0'd �S(l�I,�� ZZ�SI fiH.� 56--9i-�bW Engineerin9 Sewer Waler Parks Sl�eets Maintenancc TO: William W. Bums, City Manager d� PW95-065 � � FROM: John G. Flora, Public Works Director DATE: March 20, 1995 SUBJECT: Sanitary and Storm Sewer Repair Project No. 277 On Wednesday, March 15, 1995, at 10:00 am bids were opened for the Sanitary and Storm Sewer Repair Project No. 277. We had two planholders, one of wiiich submitted bids for the project. Funding of $75,400 and $110,000 are budgeted for this project in the 5-year Capital Improvement Sanitary Sewer and Storm Sewer Funds, respectively. The bid from Insituform Central, Inc. was approximately $33,000 under the budgeted amount for this pxoject. Recommend City Council receive the bids and award the Sanitary and Stor'm Sewer Repair Project No. 277 to Insituform Central, Inc., for $152,505. JGF:cz Attachment s.o � i� .0 . ., ; BID FOR PROPOSALS SANITARY AND STORM SEWER REPAIR, PROJECT NO. 277 WEDNESDAY, MARCH 15, 1995, 10:00 A.M. 6.�2 SANI7ARY AND STORM SEWER REPAIR PROJECT NO. 277 . . _ . �. _ _. j � ' , , _ _ Y•`� . _ • ' i�j 'ni s -i1. t x:.; zC j�- ' ..r: �7 , � � �`� _._-.a�w�f"f��W . ` � Y � ,. . .y., .- ^�� .:. � 'c• : . . •• eea' s� i�l�;i 3f.9 ^' a c r r "�S � r z. . 1� �� b�.. �t�-� �j� t�' t ,� t�: J . .�`s . ��t'"i�`i'J ��re ++ Y+ ..+ .s ��,�� f .A � T�1vR,� a�..�,��n�_.}t w� ��C'.c� - �-: �i-: -�; �3 .� �. : �F S.� ! � �'f '.:._a � �F! :� p ' : �� f � i-:•- � ="".1 .� �_ "y�- '. ti -. 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Y m a o • I �t .. � M ,� 1 : p""� � s t t/� [ � :� m iV� � t1YMf1C �l7tlf . ` = j: J �m � B � • i-� .e � m ` . C---� � . �,� 1 -'♦ � HO � � O. J •''�.wn �'tiY� 17)�1lT O�, �. i ,9 . S ' ' � 8 � � �m 7MY0 m �l�w�Yl 117� �s �'�� r p 17)�is �� Q rttw ; � r .T� . �e � i � � - ;: � .. ,� . �, ��• 9p�r �` . •�� ne• � o �u�� _ _ � . .r ,� .M �'1'J 9 � . ...__ _ •�' _ •__: ==••— =— -- -- �n.ra »a«s. _._ _9fi _:_ _. _= , � — �=:..:.�` — �_= =_:: ==••.�:.=_.,c=„== . . �� _ � �►i�� ► �►�� w�i � � � . ' i � : � a ; ••��._ _..__....._.. . o i : � ••--.•--..�.�.._�..._. ; • � i r�g �� ` • i. �' ° � • + - . - o, , ' , • �:"m,+ - .• . f . ., „, i . s� :� % � '� �9 - 6!O � � � , �� . '� . � : , _ 'j�,L� . ,� _ . ' r .� .0 J A � � . - m - gqNRqRy AND STORM SENIER REPAIR PROJECT NO. 277 i' _ � ., e . ; , �� :�. . � � �, �. „ ; e ' --; �r> . Y �M " y ' I � . . . , li)Y11 �tOti� . � 1 � _ ' ` � • . • ' . � � �� . ' � l))� � : . . : �-':' � � . � O�"!'�O�` I .._ . - . � .',r�4 � .. . � , . . ' � b i . � ' !.'� • o ��y�, ,�'c . . � . . . '. . - � . . _-,� � >7 _ _ -♦ . _ j o , _ `"s ,� - I �- . ,, s r .x n � �- � ' ,-� .. �.- � I � i N �eM ya�.• L t�..,._ ,. ;'; • f J < :._ : (� . . . . I��'�y �S.i ' .s� � - �Y .. � '..� - .. !.: '�� , �'6{iz" 4' ��.Y..Y � ��T,`� .. � " . . . � : . ... - ' � ( , . ' . m � . . ' . . . . �J�YN� il�s+ � % . .� � � • � ' � . • �p � a«� u.sw � ' :/ / .S � t � y � ? c . � - ^ � � ao•i � � � I � � � ` L 1 � � �I�MiAt � � 1�1/i �P � i ' ' � w � / .a' �O j I ' i ' � . �� 1 +� • � • • ' / • • � •' •9 ' I � ! � • , � . Z . , _ . ,... , , . ; . � �i � > w i / r . . I , � ' i � . y . . I . 1 i 1 '! e � � ilz : - ,. :; o W • . ,� � M e '! b �� a J 1 b. z . a : . . Q �- : � � , . _ •=i • � ;s .:oL - .. � r . J � - :,:.:- . . "� • � ; . - - --�1..��-- 4 - . . '"''� - :vr+:taa. . . . _' , ^ � � � � 8 �u., ,�9 SI• ' . • ; • • Q fi/ .. _ I • • . �'� _ . � � ` — � - -� � o---- =: � �-- .: .�.___._o .._—o--._--_-o � I • 1 1� \ • � i � •. r ' y� - � � � � lU♦ �� _e .., � W _ __133 � 1BV __ , � W � � � ..q � Q H � � . . � . �//- .... . .. � � . , � . � ' II o� � ..,.e: ,�\� •:Y- � 15.. �_ I 1 V ��o = r J � . � . i� �:� � •I . . �. + . �� •� � � ,r�.�� T 1 �� , \i ��. �� ; \ j'9 ► .r+► � ' � � �� ' il � � � � • I1 M . . W-� tn � � � � i � �,o � � � _ ,...��o .. .�.� ��: ,� , i � '��= �- '• =^—' � , SANRARY AN� STORM SEWER R�aR PROJECT NO 277 . . - . % ' ; ; ( ,, ' . .�. � � ' � r• � ' ��' - t' - •! - • .. . ' . • t� t � � - • . � � =:i .- . . : . _ / i= � • '; �—. ,. ,,� ; a. � . •~ - � - . � . : . - - .. �_ �,, ,. `�• t .r � - �� ,- i: t ti, cat ,l' 1 � � � y�� "� v. w .a. _ � � _ �:�s . � � '°"�' .iy.�'�',�; � ; ,.. �i�-e 2S� _ �;' - 4� �'F M ..[��r �LR" i.y; s', ` i . ' � � "` , ,, _ .# 4.,_ '�-� ° -�K w�} w: ,�,�j��.i �• �S '�~� •r� .' {' �-� � �-�} ��:K�11�^ �� -+: iiG 1 —,. , }� g � -s. ,r r � - s� ' ! �,.qs '.rc'." � Y �. �: � � . � i ? � i W WF 4�, � � �'`. S i !�?y =� `-�}:1m S, . � .'r � . _ _ y'"_ m.i�^>t �: f� 9 .. w • • y I � � � ��s � � -� - , � , ` � . . . - _ � , � C'� � - L ;� � � . : � . . ,� . ,. . � _ .. w i . ' � . -w . � -. � . • . J� �_+. .. . ...� ..... � ' . � . :' �rylfiY�w�f,. . �• . . ... '.. ' ' • � J �'� � . ..� ' � _ ., w/� ' � - ' • � � � ► fY7�7 - . • � . . w . . � �: a . . . . � � . .'• . .. :_ ..,?y� .. a - - - .: _. . - . . , i . . . .- . . _ .e r : . ti •� • � . � � ._. / � . � • _ .. _ . �+ .. . ' sw.f�:� ; . . -, r-�r� �� ; � ^ A : . � � TO: FROM: DATE: susJEC�: Engineenng Sewer watei Parks Sfreets Maintenance William W. Bums, City Manager ��l� John G. Flora, Public Works Director March 15, 1995 PW9S-066 Purchase of High Velocity Sewer Cleaner (Jetting Machine) The 1995 Public Works sanita.ry sewer budget identified $50,000 to purchase a high velocity sewer cleaner (jetting machine) for sewer line main�enance to be mounted on the existing cab and chassis. On Wednesday, March 15, 1995, bids were received and opened for the jetting machine. After advertising the notice to bidders, four dealers received specifications and two companies bid the jetting machine. ABM Equipment Company was low bid at $43,900 with trade for a high velocity sewer cleaner (see attached bid sheet). The existing machine is a 1982 Myers jetting machine and will be traded in. We have purchased other equipment from ABM Ec�uipment Company and have had very good results with their equipment. Recommend City Council receive and award the bid to ABM Equipment Company in the amount of $43,900. JGF:cz Attachment 7.01 i�� '►� •- .,, BID FOR PROPOSALS HIGH VELOCITY SEWER CLEANER WEDNESDAY, MARCH 15, 1995, 11:00 A.M. ,::::::::::::. �:::::::: :•. �:::::::. � :. .:::::::::::::::::::::::::::::::::::::::::::::::::. �: .......................................... : ...,.. :.::: .:..:...:::::: :•::::::::::::. � . _::::::::::. r: f »::'::??::`:� ::':'::`::?<'<::':':::'::': :::: f:.:`:<�:::>:>:>:�;::::>:<::::>::»:<:>::>::>:<:::::>:;::.:::: :; <::::::;::::::>::>::>::::>::>::>::>::>;::»�.;::s>::»; :::>:::;::>:«:>:::;:»::»::: >::> :::<;::;::«:::»::>:<::<:» :::::;::>. :>::>::>::>:<:::>::>::>::»::>::: � »;::: ;::::::>::»:<:: ::: � :::� < �:::.: �'�::�>':<.;:� :;.; :': > �.;. > s: ::;::;: <:>: <:: «>.:: <:: <<:::>::>::> �i:;<:::;:::::::: :::::::::::::::r:3f%' ::.:.,,,...,::..:...::••:.;':::::'.;'�'::: :'�::::r:::::i;::::E::iii:�i:::::i:i ::::::;:::::::;::..:..;.:...;...::::....:....:'::::::::1:::: . ,...F. . .. . . .':i::%p"':�:":"��:::::::::::::::::.;',•.::;`;:::::�::::::.: •' .. .: ...: . :::;::i:% •:::::::::::....�:::::::::::.� :: .:. .. . :: .:. . .. :.:.F:::::: :.:f:.::::: �.::: .. ..::: ....: .:::..:::: .::::. •:• :• • p . . :::: .:.:: .::::: . . �:: .. :: :: �� 'i:::::. :.;:.;:.;;;:.;»:.;::.:::.;;:.;:.;:.;:.;:.:�#J�t�C�LE�ER:::>:;:>::>::>::»::::>r>::;:<:> «:>::;::»>::;t:�f�:::��1�.;>:.:::.::.:; :.;:.::.::.;:<,.:�::OT�L:: .I[�...,..... .....:��3.IC�M�I'�I�S:..... ABM Equipment Company 5% United Fire $43,900.00 333 2nd Street NE Ho kins MN 55343 Flexible Pipe Tool Company 5% Employees $48,344.53 Box 1306 Mutual St Cloud MN 56302 MacQueen Equipment Inc No Bid 595 Aldine Street St Paul MN 55104 Sewer Equipment Co of America No Bid 1148 Depot Street 7.�2 �. r :� Personai Contractual Services ,.__,�_...-�.- . _ . Totals SEWER — COLLECTION 224,321 221,813 248,504 ; _e 30,070 25,250 22,890 - 85,163 31,135 43,203 _ _:;��,;1 0 0 50�000 � 5 $339,554 $278�198 $364,597 - ``$8 ISSUES AND EXPLANATIONS �ge� j��i;�t �::��:�:� �>:k<:: . �.:�.� � f�--�;�.-- �w {:�y�„/nA�iS�{: Yi �ri%: f.i.h]i.:...�`:iH.. :. .. . . . .. � .r.�;:1.2.0% __.: �-:, �� . - t ��;9 3%0: ��.�.�u�:�-- �- - - - � .�t �: ` �.�„"1:00;0%' m r�a-.�:r.�� 1'% � � ; 1. Personal Services: The increases reflect increased cost for overtime and employee heaith insurance. � The overtime increase of $10,476 is in li�e with 1993 — 1994 acfivals. 2. Supplies: The repair and maintenance supplies budget was reduced from $17�925 to $12,300. The budget request reflects costs that should be charged to street reconstruction projects. As is, the amount budgeted is $2,300 greater than the )994 budget. 3. Contractual Services:. � The budget was reduced from $78,300 to $37,000. The budget request reflecfis costs ;.,�;� of the sewer line collapse in 1993, as weA as costs associated with televising sewer lines for street constnaction projects. As is, the amount budgetied is $11,500 higher than the 1994 budget. 4. CapitalOutlay: Replace jetter unit. Would keep current cab and chassis. The current jetter is losing pressure and is di�icult to get parts for. 5. Items Deleted: 4 wheel drive, 1 ton dump truck to replace 1978 Ford that is used principally for hauling dirt. . Portable confined space ventilator. The existing unit is 20 years old and requires 2 people to carry it. 7.03 ,22 $50,000 � $24,500 $1,065 � Engmeerin, Sewer W�ler Parks Slreets Mainte�ance TO: William W. Bums, City Manager �u�� PW95-088 FROM: John G. F1ora,�Public Works Ilirector ��//j�Clyde V. Moravetz, CATV Administrator ' 'l DATE: March 20, 1995 SUBJECT: CATV Transfer of Control On February 22, 1995, we submitted a memo indicating tYte City would retain Mr. Brian Grogan from the law firm of Moss & Bamett. Fridley and St. Louis Park are again going jointly with one attomey for the transfer process. We met with Mr. Grogan on February 28 to establish the proper sequence of events required under law regarding transfer of controL Attached. please find: (1) a timeline and process for review of the transfer, (2) a brief overview and (3) a draft resolution The timeline as submitted is critical in order to meet the mandates of federal and state law. Recommend we follow the timeline and proceed with the process as presented Recommend the City Council approve the attached resolution establishing a public hearing for Apri124, 1995 on the CATV transfer of control. Attachments 8.01 ��, •1, • .,,� s LAW OFFICES MOSS & BARNETT A PROFESSIONAL ASSOCIATION 4SOO NORWEST CBNTER 9O SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402-4129 BRIAN T. GROGAN TELSPHONE (612� 347-0300 TfiLfiCOPIBR (612J 339-6686 ( 612 � 347-0340 March 7, 1995 Mr. Clyde Moravetz Engineering Department 6431 University Avenue NE Fridley, I�i 55432 Re; Proposed Transfer of Control Our File No. 29438.1 Dear Clyde: Enclosed herewith please find a Timeline and Process for review of the proposed transfer of control; a brief five paragraph overview of the process to be followed by the City in reviewing the proposed transfer; and a draft Resolution for your City Council's review and action at its meeting on March 20, 1995. Please review these documents and contact me to discuss any necessary modifications or revisions. In addition, we neec3 to discuss any unique issues which should be included within a transfer questionnaire/application which I will soon be forwarding to RBLCOM and Time Warner for their response. I look forward to hearing from you, in the meantime should you have any questions please feel free to contact me. BTG/slo 192ZBTG Enclosures 8.OL Very truly yours, MOSS & BARNETT A Professional Association / ! Brian T. Grogan CITY OF FRIDLEY, MINNESO'PA RESOLUTION NO. DETERMINING THAT A PUBLIC HEARIPG IS NECESSARY TO COPSIDER THE PROPOSED TRAPSFER OF COPTROL OF MINPESOTA CABLE PROPERTIES, IPC. WHEREAS, on or about May 2, 1988, the City of Fridley, Minnesota ("City") granted a Cable Television Franchise to Nortel Cable Associates, L.P., a Delaware limited partnership ("Nortel"), by adoption of Ordinance No. 904 (the "Fridley Franchise"); and WHEREAS, on May 16, 1988, Nortel accepted the Eridl�y Franchise; and WHEREAS, Nortel is the current and lawful Grantee of the Fridley Franchise; and WHEREAS, Countryside Investments, Inc., a Delaware corporation ("Countryside") and Nortel Cable Corporation, a Minnesota corporation ("NCC"), own 17.1% and 39.9$ limited partnership interests respectively in Nortel; and WHEREAS, NCC owns a 43% general partner interest in Nortel; and WHEREAS, NCC and Countryside are wholly-owned by KBLCOM Incorporated, a Delaware corporation ("KBLCOM"); and WHEREAS, KBLCOM is wholly-owned by Houston Industries Incorporated, a Tezas corporation ("HI"); and WHEREAS, on February 21, 1995 Nortel and KBLCOM provided the City with written notice of a proposed transfer of control : t � of KBLCOM from HI to Time Warner, Inc., a Delaware corporation ("Time Warner"); and WHEREAS, the Fridley Franchise and Minn. Stat. § 238.083 requires that the City reply in writing within thirty (30) days of receipt of the aforementioned written notice indicating its approval of the proposed transfer of control or its determination that a public hearing is necessary because the proposed transfer of control may adversely affect Nortel's subscribers; and WHEREAS, City Staff has recommended that a public hearinq be held regarding the proposed transfer of control of KBLCOM; and WHEREAS, the City desires input from all interested members of the public regarding the proposed transfer of KBLCOM from HI to Time Warner; and WHEREAS, the City has numerous questions regarding the impact of the proposed transfer of control on the City and its residents. NOW, THEREFORE, the City Council for the City of Fridley, Minnesota resolves as follows: 1. The City hereby determines that the proposed transfer of KBLCOM f rom HI to Time Warner may have an adverse impact on subscribers. 2. The City hereby orders that a public hearing be scheduled for April 24, 1995 to obtain input from all interested•parties regarding the proposed transfer. : 1' r � . 3. The City Manager is hereby authorized to provide all necessary parties with written notice regarding the need for a public hearing with respect to the proposed transfer of control. 4. The City Manager is further authorized to esecute such other written communications to all necessary parties as may be required to comply with the Fridley Franchise and Minn. Stat. § 283.083 with respect to the proposed transfer. 5. This resolution and the determinations made herein shall not be effective until the City Manager has provided Nortel, KBLCOM and Time Warner with written notiCe of said determinations which notice must be provided on March 23, 1995 in order to meet the thirty (30) day requirement outlined in Minn. Stat. § 283.083. A motion to approve the foregoing Resolution No. was made by Council Member and duly seconded by Council Member The following Council Members voted in the affirmative: The following Council Members voted in the negative: Passed and adopted by the City Council for the City of Fridley this day of , 1995. ATTEST: CITY OF FRIDLEY, MINNESOTA By: By: Its: 1095Z140 : 1 '� MEETING CITY OF FEIDLSY, 1�IIAHBSOTA ?BANSFSB OF CONTBOL TIl�lBI.INB PURPOSE early March 1. Review resolution regarding Citp's initial City Staff determination. 2. xeview "draft" request for information. 3. Review Timeline and Process. 7:30 p.m. March 20, 1995 City Council March 23, 1995 City Manager early April City Staff or Cable Commission 7:30 p.m. April 24, I995 City Council Public Hearing (Grogan attends) early May Cable Commission (Grogan attends) 7:30 p.m. May 22, 1995 City Council - Final Decision (Grogan attends) June 21, 1995 392ZBTG 1. Consider and act on resolution reqardinq City's initial determination. 1. Notice sent to Nortel, KBLCOM and Time Warner regardinq scheduling of public hearing. 1. Review operator's response to request for information. 2. Discuss procedure/topics for public hearing. 1. Hear from interested parties reqarding proposed transfer of control. 1. Review report from Moss & Barnett regardinq proposed transfer of control. 1. Review of Moss & Barnett's report. 2. Final action on transfer of control. 1. Espiration of 120 day revierr period provided �- - under federal law. : 1 • CITY OF FFIDLSY, MI�IB.SOTA TBANSFSx OF COHrSOL P$OCBSS Prepared by Brian T. Grogan On February 21, 1995 the City received a xritten request from Paraqon Cable for approval of a transfer of control of its parent company, RBLCOM Incorporated. Basically, RBLCOM Incorporated will no Ionqer be owned by Houston Industries but rather by Time t�larner, Inc. This written request from Paragon Cable included a form required under federal law to be submitted at the time of a request for transfer approval. TZie form is known as FCC Form 394. Federal law requires that a franchising authority such as the City complete its review of a proposed transfer within 120 days from the date of receipt of FCC Form 394. In this case, the 120 day time period will expire on June 21, 1995. State law, however, also has a procedure which must be followed in reviewing a transfer of control. Within thirty (30) days from the date of receipt of a written request seeking approval of a transfer of control the City must make an initial determination regardinq whether to approve the request or hold a public hearinq to determine Whether an adverse impact on subscribers may result from the proposed transaction. Given the recent acquisition by Paragon Cable of the cable system servinq the City, and given certain concerns City staff have raised regarding compliance with all franchise obligations, I have recommended that the City schedule a public hearing to hear from all interested parties regardinq the proposed transfer. Once again, this initial determination must be made within thirty (30) of February 21, 1995, the date on which the City received FCC Form 394. Therefore, the City Council must make its initial determination at or before its regularly scheduled meeting on March 20, 1995. State law also requires that the public hearing be held within 30 days of the initial determination. Given the City Council's reqular meetinq schedule, the most prudent date to hold the public hearing is on April 24, 1995. This notice of initial determination must be made on March 23, 1995, which is the thirtieth day from February 21, 1995 and ezactly thirty (30) days prior to April 24, 1995. At this public hearing the City Council Frill review issues relating to the transfer of control and will listen to all interested parties regarding the proposed transaction. State law also requires that a final determination be made by the City within thirty (30) days from the close of the public hearing. Assuminq the public hearing takes place and is closed on April 24, 1995, the last reqularly scheduled meetinq of the City Council at which consideration can take place regarding the proposed transfer of control is May 22, 1995. By conducting the meetings in the order described above the City will have the benefit of a thorough review of the proposed transaction =and will beT able to review a report regarding the transfer of control prepared by Moss & Barnett. In no event can City review of the proposed transaction estend beyond June 21, 1995 unless the parties to the transfer of control aqree to an eztension of time. 3 9 2 ZBTG ��O'7 I _ � Community Development Department PLANIVING DIVISION City of Friclley DATE: March 16, 1995 �. TO: William Burns, City Manager.�,�� Barbara Dacy, Community Development Director SUBJECT: Resolution Requesting Special Legislation for the Fridley Housing Replacement Program Background The Housing & Redevelopment Authority initiated its Scattered- Site Acquisition Program in 1994. Since that time, the HRA has acquired 8 lots, 6 of which are buildable. The HRA is now in the process of conveying the lots to builders for market rate housing. The purpose of the Scattered-Site Acquisition Program is to eliminate blighted or dilapidated housing and, when possible, to sell the lots for new construction. In an effort to recover some of the costs to program, Jim Casserly has suggested that the and Crystal (who also has a similar program) request the State to pass special legislation portion of the taxes from the new houses that on the scattered sites. Proposed Leaislation administer the cities of Fridley to join forces to to recapture a will be constructed The proposed legislation recommended by Casserly is to establish a"Pilot Housing Replacement Program". The proposed pilot program provides for the following: 1. The City/HRA designates a certain number of lots to be included in the program; 2. Once a new home is constructed on the lot, the County will collect the taxes-on the structure and allocate the taxes to the City's housing replacement account; 3. The taxes on the land will go to the taxing jurisdictions; 0 Fridley Housing Replacement Program March 16, 1995 Page 2 4. The HRA can then use the money in the replacement account only for purposes of the Scattered-Site Acquisition Program; 5. The County allocates the taxes for this program for a period of 20 years. The legislation is being proposed as an alternative to creating a typical tax increment district. Establishing a typical tax increment district would trigger the local government aid reduction. HRA Action At the HRA meeting on March 9, 1995, the HRA passed a similar resolution as is being proposed for City Council consideration. The HRA was supportive of this effort to create a revolving fund in order to not only defray the program's e�enses, but also to provide a basis for future acquisitions. Recommendation Staff recommends that the City Council approve the attached resolution as presented. . BD/dw M-95-170 9.�2 � �� -1 Casserly Mo��ahn & Assoc�ates, Inc. 2'15 South 11 ih Street, Suite 300 • Minneapotrs • Minnesota 55403 Office (612) 342-2277 • Fax (6i 2) 334-3382 M E M O R A N D U M TO: Fridley Housing and Redevelopment Authority Ci�y of Fridl�y FROM: James R. Caseerly Mary �:. Molzahn R�: Pilot Housing Repl.acement Program DATE: March 2, 1995 On behalf o� the City and its H1�A, we plan on introducing l�gislation wi�.hin �he next week which wi.11 establ.ish a piZo� housir�g replacement program (the "Program"): We p�ev�.ausly discussed with you the establishment of a tax increment district in which we would include the scattered site� which had b�en acquzred and are being prepared to be remarketed for market rate housing. while it is possa.ble t� create a non- contiguous redevelopment tax increment district, it is v�ry cumbex�ome to administer and is fai�ly camplex. Zn addition, we hav� the prab�em of �he City be�ng subjected to a lacal government aid reductian when it is already making a substantial contribution to alleviate its housing problems. As a r�suit, we have been working with Senate coungel, and have discussed the concept with Iiou�e Research, tio establish the pilo� Prc�gram �hat wou3d apply only �o the Cities of Crystal and Fridley. Bot,h ci.ties have identical problems and are attempting tQ solve therr� in e�cac�ly the same way, tha� is,. by acquir�ng blighted lots and then offering the lots for nlarket rate housa.ng. The 3.egislation which authorizes fihe Pragram provi.des that the city can design�te a certain number o� lots to be included in tihe Progratn. Once a neV� home is construcked on a lot so d�signated, �he coun.ty will col.lect the property taxee on the s�ructure and a].lac�te those taxes to the city'a housing replacemen� accaunt. The praperty taxes on the land will go ta the taxing jurisdictions as would any o�her property taxes. The Authority may u�e the money in the housing replacement account only for the purpases ot the �rogram. The county vrill allocate th� taxes �ox a period of 20 years. This 1s a very limited Program and i.s only meaningful i.n inner suburban communities. The goal of �he Pxogram is to allow the 9.03 City to address some of its housing needs and provide some funds for a revolving account. In arder �o secure passage o� the legiglatiion we need resolu�ions fram the Authori�y and the City supporti�g the legislation. In addition, it would be most help�ul to talk to your lacal legYSlators regarding your supgdr� for the Pragram. We wil� talk to you further about providing testimany to support the bi11 in tihe committee hearings. If th�re are any queations or problems, please gi�e us a call. JRC/MEM/)ch 9.04 RESOLUTION NO. - 1995 RESOLIITION REQIIESTING THE LEGISLATIIRE AND GOVERNOR OF THE STATE OF MINNESOTA TO PA88 AND SIGN INTO LAW SPECIAL LEGISLATION FOR THE FRIDLEY HOIISING REPLACEMENT PROGRAM BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City), as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority in and for the City of Fridley (the "Authority) and the City have established several housing programs over the previous years. 1.02. It has been proposed that the Authority and the City establish a pilot Housing Replacement Program (the "Program") to elimi�riate blight and to assist with the housing needs of the community. 1.03. Because of the small number of sites to be included in the Program, and because of the complexity of administering the Tax Increment Act, the Authority and the City are requesting approval for special legislation to allow the City and the Authority to establish a pilot program. Section 2. Findinas. 2.01. The City he'reby finds that the adoption of a pilot � Program would promote the purposes of the Authority as those purposes are defined in Minnesota Statutes, Section 469�001, et sea• (the "Act"). 2.02. The City hereby finds that the Program will assist in the diminution of blight and the alleviation of shortages of decent, safe, and sanitary residential housing. 2.03. The City hereby finds that the preservation of the quality of life in the City is dependent upon the maintenance, provision, and preservation of an adequate housing stock; that accomplishing this is a public purpose; and that in establishing the Program, the City is acting in all respects to benefit the citizens of the City in improving and otherwise promoting their health, safety, welfare, and prosperity. Section 3. Authorization to Deliver Resolution. 3.01. The City hereby approves this Resolution and authorizes its Mayor and City Manager to deliver a copy of this Resolution to 9.05 Page 2- Resolution No. - 1995 the Legislature and the Governor and to provide the necessary testimony and support to secure passage of the Program. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WYLLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 9.06 S�ATTERED S1TE ACQUISiTi�N PROGRAM PAR�EL INVENTORY SiTE�# 0 OTMERS � S!�'E 1 187' LONGFELLOW STREET ��r 0 �000 z000 9.07 BUILDABLE � ., SCATTERED SiTE ACQUfSITiQN PRO�RAM PARCEL tNVENTQRY 64TH WAY SITE3 C� OTHERS � StT� 3 6409 �AST RIVER RaAD r,�� lJ 1111 . � . 62ND WAY 2oao BUfLD�1BLE � , _ , _: cu_: SCATTEF�ED SITE ACQUISITlt�N PRC?GRAM PARCEL lNVE#VT�RY S1TES � OTHERS SITE 2 StTE 4 � SITE 5 � s�rE s StTE 7 � SITE 8 azso 550 6►s7 683 5�7 539 EAST RtVER ROAD HUGO STREET HUGO STREET GLENCOE STREET GLENCOE STREET GI.ENCOE STREET BUI�DABLE NaN-BUILDAB�E BUILDABI.E NQN-BUlLDABLE IVON-BUI�DABLE N4N�BUtL.DABLE � �� 0 � oaa z000 9.09 � � CfTY OF FRIOLEY March 20, 1995 Type of License: FOOD ESTABLISHMENT Domino's Pizza 7510 University Ave.N.E. Frid7ey, MN 55432 The Ground Round 5277 Cent�^al Ave.N.E. Fridley, MN 55421 Jo�.DiMaggio's Sports Bar 1298 E. Moore L.k.Dr. Fri cil ey, N!N 55432 Shorwood Inn Inc. 6161 Hwy 65 N.E. Fridley, MN 55432 The Sunshine Place Resturant 5201 Central Ave.N.E. Fridiey, MN 55432 � LIVESTOCK Exotic Animal Petting Zoo 5546 Regis Dr. N.E. Fridley, MN 55432 REFUSE HAULER Filister Enterprises 5750 E. River Rd. Fridley, MN 55432 Walter's Rubbish P.O.Box 67 ' Circle Pines, MN 55014 STREET VEP�DING Licciardi's 2024 Ericon Dr. Brooklyn Center, MN 55430 LICENSES By: Same GR of Mn.Inc. George Vespa James Nicklow Tony M. Bakhtiari Linda Caillier Try-Cycle Corp. George Walter John Licciardi 11.01 Approved 8y: Fees: $45.00 $45.00 $45.00 $45.00 $45.00 Daivd Sallman Exempt Public Safety Director $60.00 E�.� �� $75.00 FOR CONCURRENCE BY THE CITY COUNCIL Property Address 290 61st Ave, N.E. 6100-02 Star Ln, N. E. 6110-14 Star Ln, N.E. 5460 7th St, N.E. 5800 4th St, N.E. 370-72 74th Ave, N.E. 390 57th PI, N.E. 1601 N Innsbruck Dr #164 1601 N Innsbruck Dr #�215 1601 N Innsbruck Dr #278 1601 N Innsbruck Dr #332 6551 East River Rd, N.E. 460 Mississippi St, N.E. 6465-83 Sth St, N.E. 6437-55 Sth St, N.E. 6409-27 Sth St, N.E. 6347-65 Sth St, N.E. 6311-29 Sth St, N.E. 6401-03 Sth St, N.E. 6431-33 Sth St, N.E. 648?-89 Sth St, N.E. 6337-39 Sth St, N.E. 6303-05 Sth St, IJ.E. 6459-61 Sth St, N.E. 7805 East River Rd, N.E. 7825 East River Rd, N.E. 7845 East River Rd, N.E. 7875 East River Rd, N.E. 7895 East River Rd, N.fi. 1261-63 Norton Ave, N. E. 5901 2 1/2 St, N.E. 1601 N Innsbruck Dr #274 5191-93 3rd St, N.E. 1601 N Innsbruck Dr #370 5428 Sth St, N.E. 1601 N Innsbruck Dr #112 41 Osbome Way, N.E. 5900-02 3rd St, N.E. 583Q-32 4th St, N.E. 5005 3rd St, N.E. 4985 3td St, N.E. 5025 3rd St, N.E. 4965 3rd St, N.E. 6421-23 Starlite Cr, N.E: 7170-76 Central Ave, N.E. 1601 N Innsbruck Dr 11314 1601 N Innsbruck Dr #265 5770 2nd 5t, N.E. March 20, 1995 � Jercy Dold Jerry Dold Jerry Dold Kmit/Luclow John E. Haight Jugal Agarwal Daniel S. O'Neil James & Arla L.awrence James & Arla Lawrence James & Arla I.awrence James & Arla Lawrence Marliss Westenfield Wall Companies, LaSalle Fridley Apts, LaSalle Grp Fridley Apts, LaSalle Grp Fridley Apts, LaSalle Grp Fridley Apts, LaSalle Grp Fridley Apts, LaSalle Grp Fridley Apts; LaSalle Grp Fridley Apts, LaSalle Grp Fridley Apts, LaSalle Grp Fridley Apts, La5alle Grp Fridley Apts, LaSalle Grp Fridley Apts, LaSalle Grp River Pointe LTD Partnership River Pointe LTD Partnership River Pointe LTD Partnerslup River Pointe LTD Partnerslup River Pointe LTD Partnership John Crist Mike Mezzenga Mertens/Winkels Joseph Sinigaglio Gary Lindberg James Peng Joseph & Jenny Bidwell Don Klostreich Curt Sorum Roland Whitcomb John D. Miller John D. Miller John D. Miller John D. Miller Gaiy or Gail Wellner --. . Ronald K. Burg George & Sandra Sundem E.A. Farr, EAF Rentals Thomas Wolff (1) 11.04 LICENSES U�� 3 2 1 34 4 2 4 1 11 103 17 16 16 16 16 2 2 2 2 2 2 59 59 59 59 59 2 4 2 1 4 4 1 11 11 il 11 2 4 Fee 75.00 50.00 25.00 250.00 100.00 50.00 100.00 25.00 25.00 25.00 25.00 135.00 595.00 160.00 160.00 160.00 160.00 160.00 50.00 50.00 50.00 50.00 50.00 50.00 375.00 375.00 375.00 375.W 3�5.00 50.00 100.00 25.00 50.00 25.00 100.00 25.00 25.00 100.00 25.00 135.00 135.00 135.00 135.00 50.00 100.00 25.00 25.00 120.00 FOR CONCURRENCE BY THE CITY COUNCIL Propertv Address 5770 2nd St, N.E. 7401-03 Abte St, N.E. 6379 Hwy 65, N.E. 137 Mississippi Pl, N.E. 1601 N Innsbnick Dr #266 5783-85 2 1/2 St, N.E. 211 79rh Way, N.E. 6262-64 Sth St, N.E. 6541 2nd St, N.E. 5181-83 3rd St, N.E. 1270-72 Norton Ave, N.E. 389 74th Ave, N.E, 1285-87 Norton Ave, N.E. 1601 N Innsbruck Dr #127 105 58th Ave, N.E. 7325-27 Able St, N.E. 7301-03 Able St, N.E. 7313-15 University Ave NE 1601 N Innsbruck Dr #228 5800 2 1/2 St, NE 5357 4th St, NE 451-53 54th Ave, NE 6534 Central Ave, NE 6335 Pierce St, NE 6551 Channel Rd, NE 6571 Channel Rd, NE 5320 4th St, NE 1601 N Innsbruck Dr #141 151 Island Park Dr, NE 157 Mississippi Pl, NE 401 Ironton St, NE 6444 Baker St, NE 1241-43 Norton Av, NE 7330-32 Evert Court, NE 1601 N Innsbruck Dr #230 1260-62 Norton Ave, NE 7865-69 Firwood Way, NE 5924 2 1/2 St, NE 5761 2nd St, NE 5981-83 Main St, NE 445 63rd Ave, NE 6300 7th St, NE 6310 7th St, NE 6350 7th St, NE 6360 7th St, NE 6380 7th St, NE 5069-71 3rd St, NE 5848 2nd St, NE � March 20, 1995 Own� Thomas Wolff George Lunde K & K Littler Amka Co CAP Poston & Gales Al Ba�es D-62 Pro�perties Douglas Finch Progressive Properties Ronald & Patricia Nolby Williams & Rustad James Isler James Isler Black Forest Condo Assoc John G. Blahosld John Glenn Mortimer Sdudevant Bruce B. Zwirtz Thomas Sinrier John L. Conda Stephen & Doreen Lischalk John A. Saccoman F. Gordon Torgerud Robert D Shimansld S&R Management S&R Management Richard L. Perkovich Angeline Sewall Fit Bar Enterprises Maynard & Elayne 1Vielsen Norma �llson Norma Willson A1 & Ginger Shiro Wayne G. Nelson Robert Kafski Delores Ponessa � Michael Betz Eric Cermak David Heryla Howard LeWumeau Rodney Billman Rodney Billman Rodney Billman Rod�ney Billman Rodney Billman Rodney Billman Dean E. Hoskins Nazk D. Velander �2) 11.05 LICENSES Units 2 8 4 1 2 8 2 5 2 2 11 2 1 7 4 1 2 4 2 11 11 4 1 12 4 - 2 1 2 2 1 2 2 7 3 1 1 1 1 1 1 1 2 8 Fee $ 120.00 50.00 120.00 100.00 25.00 50.00 120.00 50.00 105.00 50.00 50.00 135.00 50.00 25.00 115.00 25.00 25.00 25.00 25.00 100.00 25.00 50.00 100.00 50.00 135.00 135.00 100.00 25.00 140.00 100.00 50.00 25.00 50.00 50.00 25.00 50.00 50.00 115.00 75.00 25.00 25.00 25.00 25.00 25.00 25.U0 25.00 50.00 120.00 FOR CONCURRENCE BY THE CITY COUNCIL Property Address 415 74th Ave, NE 6019 Main St, NE 1230-32 Norton Ave, NE 415 63rd Ave, NE 401 63rd Ave, NE 350 75th Ave, NE 5971-73 Main St, NE 430 Ironton St, NE 1333-35 73rd Ave, NE 5851 2nd St, NE 5347-49 4th St, NE 5330-34 4th St, NE 191 Island Park Dr, NE 1601 N Innsbruck Dr #263 6035 Main St, NE 110 61st Ave, NE 1601 N Innsbruck Dr #311 7379-81 Able St, NE 5936-38 2nd St, NE 5820 2 1/2 St, NE 6400 Able St, NE 7389 Van Buren St, NE 371 74th Ave, NE 6252-54 Sth St, NE 6242-44 Sth St, NE 6272-74 Sth St, NE 1601 N Innsbruck Dr #310 7400 Lyric Lane, NE 5550 Meister Rd, NE 6341 Hwy 65 NE 140 Mississippi Pl, NE 7417-19 Able St, NE 1270-76 72nd Ave, NE 610 Osborne Rd, NE 1601 N Innsbcuck Dr, NE 6401 Pierce St, NE 6511 2nd St, NE 262 57th Pl, NE 5057 3rd St, NE 4551 Main St, NE 8191 East River Rd, NE 431 Mississippi St, I�iE 7335-37 Central Ave, NE 6150-56 Star Lane, NE 1229-49 Hillwind Rd, NE 4939 3rd St, NE 4949 3rd St, NE 6393 Hwy 65 NE March 20, ]995 Owner William & Harold Becker John & Deborah Mastley Terrance L. Dreyer Rodney Biliman Rodcey Billman Haosen Properties L. Marjory Chura Barbara J. Ellis Gordon & Alta Johnson Midwest �Investment Co. D & M Schwaztz Thomas Zandlo Midwest Investment Co. R & C Danielson Gerald EngdaW Otty Properties Ken & Ann Stagg Diane Schabert Jerry or Bazbara McNurlin Jerry or Barbara McNurlin Thomas/Kolodjski Thomas/Kolodjski Rudy Bayer Ted & Elaine Shirley Ted & Elaine Shirley Ted & Elaine Shirley Biil Shaw Jr. Arno & Marjorie Rosin Connie Rajamamnan Richar L. Dempsey Penn M. Johnson Todd B. Fuechtmanu George W. Knoll, Jr Cedar Management Kristin Y. Chambers Jerry Jacobson Chester Gromek David W. Rust Edward Otremba Bruce J. Herrick I.eonard Daiiey B.A. Zile Steven M. Mindlin George �niecki Western Ridge Estates Arnold C. Etmquist Arnold C. Elmquist Arnold C. Elmquist (3) y 1.06 LICENSES Units 11 4 2 1 1 11 1 1 2 11 3 1 12 1 4 8 1 2 1 4 1 1 4 2 2 2 10 4 2 4 9 1 2 4 8 2 1 S 1 2 2 8 7 7 Fee $ 135.00 100.00 50.00 25.00 25.00 135.00 25.00 25.00 50.00 135.00 75.00 25.00 140.00 25.00 100.00 120.00 25.00 50.00 25.00 100.00 25.00 25.00 100.00 50.00 50.00 50.00 25.00 120.00 25.00 130.00 100.fl0 50.00 100.00 125.00 25.00 50.00 100.00 120.00 50.00 25.00 105.00 25.00 50.00 50.00 120.00 115.00 115.00 115.00 FOR C�NCURRENCE BY THE CITY COUNCIL Propertv Address 6417 Hwy 65 NE 7883-85 Firwood Wy, NE 5035 3rd St, NE 1230-36 72nd Ave, NE 7150-56 Central Ave, NE 4100 Main St, NE 90-100 63 1/2 Wy, NE . 70-80 63 1/2 Wy, HE 5980 3rd St, NE 7385-87 University Ave, NE 4901 3rd St, NE 6525 2nd St, NE 7595-97 Able St, NE 7579-81 Able St, NE 7565-67 Able St, NE 7553-55 Able St, NE 7539-41 Able St, NE 7527-29 Able St, NE 7513-15 Able St, NE 7501-03 Able St, NE 7495-97 Able St, NE 7479-81 Able St, NE 7325-27 Evert Cr, NE 7337-39 University Ave, NE 7373-75 University Ave, NE 5495 Main St, NE 5475 Main St, NE 990 Lynde Dr, NE 950 Lynde Dr, NE � 910 Lynde Dr, NE 1601 N Innsbruck Dr #250 1601 N Innsbruck Dr #350 1250-52 Norton Ave, NE 1240-42 Ivorton Ave, NE 1601 N Innsbruck Dr #153 1601 N Innsbruck Dr #356 4921 3rd St, NE 4913 3rd St, NE 6276 East River Rd, NE 5600-06 4th St, NE 6600-04 Central Ave, NE 6550 Central Ave, NE 630-650 Osborne Rd, NE 670-690 Osborne Rd, NE 120O Cheri Ln, NE 1230 Cheri Ln, NE 1260 Cheri Ln, NE 1290 Cheri Ln, N� March 20, 1995 � Arnold C. Elmquist Viola Froneyberger Milton R. Carison Russell E. Beck Russell E. Beck AbboalRoehl W.E. Doelz W.E. Dceiz �uiard cuimont Robert E: Dove Arnold C. Elmquist Paul M. Johnson Ed - Ray Builders Ed - Ray Builders Ea - �y a�� Ea - �y �wa� Ed - Ray Buildecs Ea - x�y B�wa� Ed - Ray Builders Ed - Ray Builders Ed - Ray Builders Ea - Ray Builaers Brynteson/Gile Able Property Mgmt Able Property Mgmt S & S Inves�ment Co. S & S Imesmuent Co. Lynde Investment Co. Lynde Inveslment Ca Lynde Imestmeot Co. 3ohn Morrissey John Morrissey Donovan & Sharry Elias Donovan & Sharry Elias R & B Krueger R & B Ktueger � Arnold C. Elmquist Arnold C. Elmquist Sean C. Murphy Naeem Qurestn Gregg C. Hinz Charles Horton Cedaz Mgmt Company Cedar M�►t Company Cedar Mgmt Company Cedaz M�t Company Cedar M�ut Company Cedar M,gmt Company (4) 11.07 LICENSES Units 4 4 1 2 2 4 2 7 7 2 2 2 2 2 2 2 2 2 2 2 2 2 12 12 11 11 11 1 1 2 2 2 2 7 7 1 4 2 1 34 34 18 18 18 18 Fee $ 120.00 25.00 115.00 100.00 100.00 25.00 50.00 50.00 100.00 50.00 115.00 115.00 50.00 50.00 50.00 50.00 54.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 140.00 140.00 135.00 135.00 135.00 25.00 25.00 50.00 50.00 25.00 25.00 115.00 115.00 25.00 100.00 50.00- 25.00 250.00 250.00 170.00 170.00 170.00 170.00 � � FOR CONCURRENCE BY TIiE CITY COUNCIL Property Address 6003 2nd St, NE 1170 52nd Ave, NE 1120 52nd Ave, NE 1090 52nd Ave, NE 1050 52nd Ave, NE 1284-96 Norton Ave, NE 5860 East River Rd, NE 5840 East River Rd, NE 5820 East River Rd, NE 5800 East River Rd, NE 5780 East River Rd, NE 5760 East River Rd, NE 5740 East River Rd, NE 5720 East River Rd, NE 568Q East River Rd, NE 5660 East River Rd, NE 5640 East River Rd, NE 101 83rd Ave,. NE 121 83rd Ave, NE 131 83rd Ave, NE 141 83rd Ave, NE 151 83rd Ave, NE 161 83rd Ave, NE 171 83rd Ave, NE 181 83rd Ave, NE 191 83rd Ave, NE March 20, 1995 Owner Judith Ann Osiecki KJ Management KJ Management KJ Management KJ Management S.R. Investment Filister Enterprises Filister Enterprises Filister Enterprises Filister finterprises Filister Enterprises Filister Enterprises Filister Entecprises Filister Enterprises Filister Enterprises Filister Enterprises Filister Enterprises University Avenue Assoc University Avenue Assoc University Avenue Assoc University Avenue Assoc University Avenue Assoc University Avenue A.ssoc University Avenue Assoc University Avenue Assoc University Avenue Assoc (5) 11.08 LiCENSEB Units 1 16 16 16 16 7 42 42 42 42 42 42 42 42 42 42 42 41 41 36 36 42 42 36 42 42 Fee $ 25.00 160.00 160.00 160.00 160.00 115.00 290.00 290.00 290.00 290.00 290.00 29(?.00 290.00 290.00 290.00 290.00 290.00 285.00 285.OQ 260.00 260.00 290.00 29U.00 260.00 290,00 290.00 TO: FROM: DATE: SUBJECT: Engineering Sewer Watcr Parks Slreets Maintenancc �� William W. Bums, City Manager � John G. F1ora,rPublic Works Director March 6, 1995 Harris Pond Public Hearing PW95-054 Over the last few years, the residents along Harris Pond have been annually requesting weed and algae treatment of the pond They are currently interested in setting up a continuing program for pond and aquatic growth treatment. To facilitate scheduling of the work this year and to assist them should they not be able to obtain 100% of the signatures by March 20, it is requested that a public hearing be set for the establishment of a special taxi.ng district for the Harris Pond treatment program Recommend a public hearing be scheduled for MaYCh 20, 1995 at 7:30 pm in the Council Chambers. JGF:cz Attachments 13.01 � .. , �� . u •. ..�, � J i i �i i �ISSIPPI �-- � � � _ � � Q AVE � � _ � � Q PIN 133024410007 133024410084 133024410083 133024410016 133024410017 133024410018 133024410020 133024410Q21 133024410022 133024410023 133024410024 133024410G'34 133024410033 133024410032 133024410031 133024410030 133024410029 133024410028 133024410027 133024410026 133024410025 STREET 0 1660 1668 1591 1580 1560 6431 6411 6381 6371 6361 1691 1681 1671 1661 1651 1641 1631 1621 1611 6351 � � � � � � , � � � � MlSSISS� ST NLIM STREETADD STREETDIR NE MISSISSIPPI ST NE MISSISSIPPI ST NE DA2TA CT 23E DANA CT NE DANA CT NE SQUIRE DR NE SQUIRE DR NE _ SQUIRE DR NE �QUIRE DR . , . . _:NE , :,. SQUIRE DR NE CAMEIAT LN NE . CAMELOT I,N NE CAMELOT LN NE Cl�1MELOT LN NE CAMEIAT IN NE CAMEIAT IN NE CAMEIAT LN NE - _ ' CAMEIAT ��,N v.^��..K� � . SQU�IRETDR � �•O� NE ZIP 0 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 ��` �oo _ Date 3 4 � HARRIS POND PETITION 1 of 4 We, the undersigned, abutting Harris Pond request the City. of Fridley to: a. Treat one-half the pond area three times per year for weeds and algae b. Chemically treat one-half the pond area every four years for phosphorus reduction � We agree to be equally assessed for a total amount of one-half the cost of the designated items above plus any permit fees. We request that the weed and algae treatment program for Harris Pond be continued annually until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners. We also request that chemical treatment for phosphorus reduction be scheduled every fourth year until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners. Name CITY OF FRIDLEY Signature Address ' �j : � �. ��v�� r � �� 1660 Mississit�pi St. � c�'l" �, � � C �- r�� _ _ �.� 13.03, m Date 3 ! O i .S HARRIS POND PETITION 2 of 4 We, the undersigned, abutting Harris Pond request the Cityof Fridley to: a. Treat one-half the pond area three times per year for weeds and algae b. Chemically treat one-half the pond area every four years for phosphorus reduction. We agree to be equally assessed for a total amount of one-half the cost of the designated items above plus any permit fees. We request that the weed and algae treatment program for Harris Pond be continued annually until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners. We also request that the chemical treatment for phosphorus reduction be scheduled every fourth year until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners. CITY OF FRIDLEY Name Signature Address r, � / �: i" r' �"%'_�� f1 �"' - � � � � v`�-'�, � i � .�� /!.� �' . % L�� ! � ti_�.-- / �� /' j -� i . _ � 1 " i 13.04 Date 31 1 d I 9.5� HARRIS POND PETITION 3 of 4 We, the undersigned, abutting Harris Pond request the City.of Fridley to: a. b. Treat one-half the pond area three times per year for weeds and algae Chemically treat one-half the pond area every four years for phosphorus reduction We agree to be equally assessed for a total amount of one-half the cost of the designated items above plus any permit fees. We request that the weed and algae treatment program for Iiarris Pond be continued annually until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners. We also request that the chemical treatment for phosphorus reduction be scheduled every fourth year until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners. Name :� J�Yn�� . '� � � � � ��r%tif„�' �� r� ;� CITY OF FRIDLEY Signature v�-y � .� � ; � � /i'.. 'L . ;� r �1� - ,' � 13.05 Address Date HARRIS POND PETITION 4 of 4 We, the undersigned, abutting Harris Pond request the City of Fridley to: a. Treat one-half the pond area three times per year for weeds and algae b. Chemically treat one-half the pond area every four years for phosphorus reduction We agree to be equally assessed for a total amount of one-half the cost of the designated items above plus any permit fees. We request that the weed and algae treatment program for Harris Pond be continued annually until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners. We also request that the chemical treatment for phosphorus reduction be scheduled every fourth year until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners. � CITY OF NEW BRIGHTON Name , � n ure Address ( �/.� 13.06 CITY OF FRIDLEY NOTICE OF HEARING ON IMPROVEMENTS HARRIS POND TREATMENT WHEREAS, the City Council of the City of Fridley, Anoka county, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 20th Day of March, 1995, at 8:30 pm, the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Avenue NE, Fridley, MN, and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvement is to treat fhe pond for algae and weed infestation, to wit: IMPROVEMENT ITEM Pond improvement including chemical phosphorous treatment, aquatic weed and algae treatment of the surFace waters at Harris Pond located as follows: Harris Pond Est. $6,000 All of the land abutting upon said pond named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvement. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids, should contact Roberta Collins at 572-3500 no later than March 13, 1995.. PUBLISHED: FRIDLEY FOCUS March 7, 1995 March 14, 1995 13.07 Eng�neering Sewer VJater Parks Slreets Maintenance TO: William W. Bums, City Manager , fi fi� FROM: DATE: SUBJECT: John G. Flora,�rublic Works Director March 14, 1995 Harris Pond Treatment PW95-064 We have received a petition from 100% of the Fridley residents requesting that Harris Pond be treated on a recurring basis. The petition requests that the pond be treated for precipitation of phosphorus once every four years, submerged weeds twice a year, and the surface algae three times a year. Lake Restoration has met with the residents and proposes to do the work to their satisfaction on a money back guarantee for work not completed to date. The contract amount for this year totals $5,631, which is to be cost shared SO% by the City and SO% by the abutting properties, or $2,815.80. It is `proposed that the Hazris Pond tesidents identify a point of contact which'will serve to communicate with Lake Restoration for proper treatment activities and residents satisfaction � Rs a means of ensuring timely permit receipt and treatment action, recommend the City Council authorize the special assessment for the Harris Pond project and authorize the City entering into an agreement with Lake Restoration for treatment of Harris Pond JcF:cz Attachment 14.01 Ir .�� . ..,� s Name: Address: Attention: ,. _ � LAKE RES'PORATION, INC. 620 Hamel Road iiamel , MN 55340 (612) 478-9421 1995 PROPOSAL FOR THE CON'IROL OF LAKE WEEDS & ALC'�E LAKE/PC)ND: HARRIS POND City of Fridley 5431 University Ave. Fridley, NIDi 55432 Mr. John G. Flora" ACGT#: 3361 II�PC�ITIQ�i: 1. Treat�ments will be made for the control of: sukmerged weeds, algae, and precipitation of ghosphorus. No control is to be expected of duckweed or waternieal because the entire lake would have to be treated and 60 days of contact time would be needed. Neither of these species were present in 1994. 2. The treatment area includes: 1/2 af pond for control of su}xnerged weeds, entire pond for algae and entire pond for phosphorus precipitatio�. 3. treatments will be tnade durinq the stam�er: two treatments for su}xnerged weeds, three treatmexits for algae, one treatment will be made for precipitati� of phosphorus. Sa�ne su}xnerged and algae treatmerits may be canpleted duri.ng the same treatment of the lake. 4. LIMITID GUARANTEE: If you are not satisfied with the results of program, contact Lake Restoration and cancel the contract. All work perfonned during that month and all �performed work will be refimded. For exa�le, if the call is placed June, all work perforn�d in June and the re�nain,der of the s�ner would be refwzded but there would not be a refund for May. If the call is placed in �TUly, July and August work would be refunded but there would not be a refund for May an,d Ji,me. 5. Special cancerns or problem areas: coordinate 50� of lake to be treated for st��nerged weed control with lake leaders. PRICING & T�: 1. The value of this program is: $2781 for the si�xnerged weed and algae treatments and $2850. for the phosphorus precipitation treatment. 2. There is a non-refundable DNR permit fee of approximately $25. 3. An invoice will be sent out in April. NET 30. Please sign and return white copy fee to Lake Restoration as soon as possible for germit processing and scheduling. Signature: Phone: (w) Purchase order nLUnber Billing address {if different Date: (h) than above address) 14.02 r � � � DATE: TO: FROM: SUBJECT: ISSIIEB: Community Development Department PLANNING DIVISION City of Fridley March 16, 1995 ��. William Burns, City Manager �• Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Human Resource CoYnmission 1993 CDBG Fund Reallocation and 1995 CDBG Allocation Recommendations - On March 2, 1995, the Human Resource Commission members were presented with the following issues: A. B. 1993 CDBG Reallocation: A total of $4,120.00 is available to be reallocated and spent by June 30, 1995. These dollars are unused 1993 funds from Health One. 2. Original reallocation recommendation: $2,600.00 Senior Outreach 500.00 Senior Home Companion 1.020.00 HRC reallocation $4,120.00 TOTAL 3. Revised Proposal: a. HRC to reallocate $4,120.00 TOTAL 1995 CDBG Allocation: - 1. Original proposal: $25,000.00 Public Service Grants 2,500.00 Senior Outreach 2,500.00 Senior Home Companion $30,000.00 TOTAL 2. Revised proposal: $22,000.00 Public Service Grants 5,000.00 Senior Outreach 3.000.00 Senior Home Companion $30,000.00 TOTAL 15.01 CDBG Recommendations March 16, 1995 PAGE 2 3. 4. Housing Budget: $124,210.00 (in addition to the 1995 proposal selected from above) County Administration: $1,000.00 (in addition to the 1995 proposal selected from above) HUMAN RESOIIRCE COMMISSION RECOMMENDATION FOR 1993 CDBG FUND REALLOCATION: After reviewing the nine requests from agencies interested in the 1993 dollars, the HRC recommended the following allocations: AGENCY St. Phillips's Lutheran Church's Middle School Program Anoka County Community Action Program (ACCAP) Senior Outreach Program ALLOCATION $1,100.00 $2,000.00* Community Emergency Assistance Program, Inc. (CEAP) $1,020.00 ---------------------------------------------------------------- Total $4,120.00 * In the event that the ACCAP organization cannot spend this money by June:30, 1995, without askinq for an extension on their 1994 or 1995 dollars, the commission chose to offer an alternate recommendation. RECOMMENDATION �2 AGENCY St. Phillips's Lutheran Church's Middle School Program Alexandra House ALLOCATION $1,i00.00 $2,000.00 Community Emergency Assistance Program (CEAP) $1,020.00 ---------------------------------------------------------------- Total $4,120.00 As a follow-up to the Human Resource Commission's concern, staff contacted Cathey Weidmann, Coordinator of Senior Programs and 15.02 CDBG March PAGE Recommendations 16, 1995 3 Volunteer Services. Ms. Weidmann stated that according to the City of Fridley/ACCAP CDBG Agreement, 1994 dollars can be spent up until December 1995. With that pre-detenained deadline, Ms. Weidmann is confident that they can spend the reallocated 1993 dollars by the end of June, without asking for an extension. HIIMAN RESOIIRCE COMMISSION RECOMMENDATION FOR 1995 CDBG FUND ALLOCATION: The commission expressed a desire to have the City Council stay with the original 1995 proposal: Original proposal: $25,000.00 2,500.00 2,500.00 $30,000.00 COMPROMISE POSITION: Public Service Grants Senior Outreach Senior Home Companion TOTAL A compromise position may be to allocate $2,000.00 (1993 dollars) to the Senior Outreach Program, as suggested by the HRC and to allocate the 1995 CDBG funds in the following manner: SH/ M-95-175 $24,000.00 3,000.00 3,000.00 $30,000.00 Public Service Grants Senior Outreach Senior Home Companion TOTAL 15.03 . , CITY OF FRIDLEY HIIMAN RESOIIRCES COMMISSION MEETING, MARCH 2, 1995 CALL TO ORDER• Chairperson Oquist called the March 2, 1995, H n Resources Commission meeting to order at 7:32 p.m. ROLL CALL• Members Present: LeRoy Oquist, Terrie au, Clem Coverston, Charles Welf, and anne Raffesberger Others Present: Scott Hickok, P anning Coordinator APPROVAL OF FEBRUARY 2 1995 HUMAN RESOURCES CONIlKISSION MINUTES' MOTION by Ms. Mau, secon d by Mr. Coverston to approve the February 2, 1995 Human esources Commission minutes as presented in writing. . UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON OQIIIST DECLARED THE MOTION CARRI UNANIMOUSLY. APPROVAL OF ENDA: . MOTION b s. Mau, seconded by Mr. Coverston to approve the Human Resoure s Commission agenda as presented. - IIPO�Y A VOICi; VOTE, A?�L --VOTING A7[$, CIfAIR�ER80N OQIIIST DSCLARED . T� MOTION CARRIED. - 1. OLD BUSINESS• a. Communitv Develo�ment Block Grant - Reallocation of 1993 Funds. Mr. Oquist stated he had a meeting with the City Manager, Steve Billings and Scott Hickok on Tuesday, March 1, 1995 to discuss the Human Resource Commissions' comments that had been made in regard to the allocation of 1995 CDBG funds. He noted first of all it was made very clear that it was not an edict that the City Council said that we had $25,000 for public service grants and $5,000 for the senior programs. This was not the case; it was merely a staff recommendation to the City Council. Mr. Oquist informed them that the Human Resource Commission had the impression that we had only been qiven $25,000 of the $30,000. Mr. Oquist stated one item that was discussed at length at the meeting was the 15� that the County has to allocate to public 15.04 HUMAN RESOIIRCE3 COMMISSION MEETING. MARCH 2, 1995 PAGE Z service grants. He informed the commissioners that Fridley is the only community within the County that allocates that much to public service; some communities give 5� and some give nothing. He stated one area of concern is if all the other communities would decide to give their 15�, the City of Fridley would not get as much as they are getting today. The City Council would like to reallocate some of the $4,000 of 1993 funds in such a way that the Senior Outreach and Home Companion Programs would get some of that funding. They see these as viable programs and they would like to keep them going. Information was distributed to the commissioners which provided details as to the 1993/1995 CDBG Funding. � Mr. Oquist stated the original proposal consisting of $25,000 for Public Service Grants, $2,500 to the Senior Outreach Program and $2,500 to the Senior Home Companion Program was a staff proposal which went to the City Council first and then to the Hnman Resource Commission. A revised proposal was outlined as. follows: $22,000 to the Public Service Grants, $5,000 for the Senior Outreach Program and $3,OOO.for the Senior Home Companion Program. Mr. Hickok stated of the $4,120.00 in 1993 CDBG funds that are available, the original recommendation was to take $2,600 for the Senior Outreach Program, $500 for the Senior Home Companion Program and then leave $I,020 to allocate to the Human Resources Commission. The revised proposal would be to take the $4,120. With the revised proposals there would be a total of $26,120. available for public service grants ($22.000 in 1995 funds and $4,120 in 1993 funds). � Ms. Mau stated what it comes down to is we still are.only getting $1,000. The senior programs with the revised program would be taking $8,000 instead of the original proposal of $5,000. Mr. Oquist stated this is �erely a staff proposal. He noted what we have to be careful with is that these funds have to be spent by June 1995. Ms. Mau stated she doesn't think the Senior Outreach Program would be able to expend the funds by June. Mr. Oquist stated it appears that they feel they can. Mr. Welf stated perhaps they would ask for an extension. Mr. Coverston noted the letter from the.Anoka County Community Action Program whereby they noted if they received a portion of the reallocated 1993 funds, they would then request an extension on the 1994 funds through December 1995 to help supplement 1995- 15.05 HUMAN RESOURCES COMMISSION MEETING, MARCH 2, 1995 PAGE 3 1996 CDBG program funds. Mr. Oquist stated he had mentioned this at the meeting and it was the general consensus that the money would all have to be spent now. Ms. Mau stated this has been an issue before. She stated when funds were reallocated last time, it was specifically stated that the funds must be used by a designated time. The funds were given to the food shelves because they were the only ones who could spend the funds by the specified date. Ms. Mau asked how much is being requested for senior programs. Mr. Oquist stated that staff is recommending that a total of $8,000 be given to the senior programs. The Human Resources Commission can decide differently. He further stated we could give the $8,000 to the senior programs out of the 1995 funds and have the entire $4,120 to allocate to someone who can spend it by June. Mr. Oquist stated the commissioners must concentrate on the 1993 funds and not worry about the 1995 funds. They are two separate issues. He stated he is not even sure how the original recommendation for the reallocation of 1993 funds was derived. Mr. Hickok stated there was a problem with timing for the reallocation of funds. Because there was not a quorum for the Human Resources Commission i.n January, there was a question as to whether or not the City could respond quick enough to reallocate the funds. Staff had to go to the Planning Commission without a recommendation from the Human Resources Cominission. In order to go to the Planning Commission the staff�mhad to put together a proposal (which is where the original recommendation came-from). Ms. Mau stated at the last meeting, the commissioners had decided they wanted to explore everyone's capability of responding to the reallocation issue without automatically assuming that we should give the funds to the senior programs. The commissioners had hoped that the City Council would give us some kind of direction. Mr. Oquist stated that the Council has They have stated they would like us to 1995 allocation to the senior programs. the senior programs. He stated if we something, a recommendation could also $4,120. go to the senior programs. given some direction. give some money out of the They do want to support felt like we wanted to do be made that some of the Ms. Mau stated she does not have a problem giving a portion of the reallocation to the senior programs, but then she does not�. want to see them get the $8,000 from 1995 funds also. If the council chooses to give them the $8,000 on top af the additional 15.00 HUMAN RESOIIRCES COMMISSiON MEETING, MARCH 2, 1995 PAGE 4 1993 funds, it results in us not having as much to give to other organizations. Mr. Oquist stated if additional funds are allocated to the senior programs, we might have to tell the Council that we are going to work around the original proposal. Mr. Oquist stated he also feels if we give additional funds to the senior programs, we must stipulate that they cannot apply for an extension for their 1995 money or we will cut it off. If they cannot spend the additional 1993 funds and their 1994 funds, they will not get the 1993 funds. He stated he also had informed Mr. Billings that the City cannot continue to fund their people. A discussion then ensued on the ground rules and Mr. Oquist had reminded Mr: Billings that CDBG funds must be used for seed money and it must be for new and innovative programs that service Fridley. (It was suggested that the City Council be provided a copy of these rules.) The commissioners were provided with a copy of the letters that each organization had submitted to Mr. Hickok requesting consideration for the additional 1993 CDBG funds. • Mr. Oquist inquired as to whether all of the organizations had indicated they could use all of the funds by June 30th. Mr. Hickok stated some of the letters specifically stated they could spend the funds, however all indicated they could do so in the original telephone conversations. Mr. Coverston stated he does not feel St. Phil2ips Lntheran Church could use the entire $4,120, but that they could use a portion of these funds. He stated they need additional �eip at the after-school program and they eoald use some additional equipment. Ms. Mau stated she feels a decision must first be made as to whether the senior programs will receive any additional 1993 funds. She would recommend that $2,000 be given to the Senior Outreach program, provided they are able to use it by June 30, 1995. Mr. Oquist stated this is in addition to the other funds they must use; no extensions should be granted. He would agree with Ms. Mau's recommendation. Mr. Oquist stated he can appreciate Tamarisk Resources, Inc., however they were given an additional $1,000 from funds that were returned back from CHAP. Ms. Mau stated she feels whoever received additional funds last time should not be given additional 1993 funds. � 15.07 HUMAN RESOIIRCES COMMISSION MEETING. MARCH 2, 1995 PAGE 5 Mr. Welf noted that the Alexandra House had an advertisement in the paper for two positions. One of these was for the one we funded last year and the year before. Mr. Oquist stated he is of the understanding that they already have their funding for this position. Ms. Mau inquired if the City gives the Senior Outreach Program the $2,000, with the understanding that they cannot get an extension on their other funds, and they come back and tell us they cannot spend the money by June 30, does the City have enough time to reallocate these funds? Mr. Hickok stated the commissioner's recommendation will go to the City Council on March 20th and then it will go to the County board that week. Ms. Mau stated the commissioners would be able to reallocate in April but that would only give the selected recipient three months to spend the money. She therefore suggested that a second recommendation of the 1993 reallocation be decided on. This was agreeable to all commissioners. Ms. Mau stated she would really like to give some funds to St. Phillips Lutheran Church. Their program has turned out to be a really good program and since it is a new program and it is really expanding, she would like to see it funded. Mr. Coverston stated $1,000 would be very helpful for the program. This could at least provide a couple of backboards for basketball. He stated the program is also trying to find some additional help. The college student that was hired has not been able to juggle his schedule to allow for any more than about 10 hours each week. The program runs through the middle of June. Ms. Mau noted that the Community Emergency Assistance Program (CEAP) is only asking for an additional $750.00. Mr. Coverston stated that CEAP has a new program and is trying to get the transitional housing started; they need some financial help with that. Mr. Oquist noted that there is $1,020 available. MOTION by Ms. Mau, seconded by Mr. Welf to approve the reallocation of 1993 CDBG funds as follows: $2,000 - Senior Outreach Program $1,100 - St. Phillips Lutheran Church $1,020 - Community Emergency Assistance Program 15.0$ k :�: I}=-,' � �;:: �. HUMAN RESOIIRCES COMMISSION MEETING MARCH 2 1995 PAGE 6 IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRP$R80�T OQIIIST DECLARED THE MOTION CARRIED ONANIMOIISLY. Ms. Mau stated one of the reasons her second recommendation is difficult is that Alexandra House is requesting $2,500 and they the City will have a problem funding them this year because they are not following guidelines. It was explained to them last year that we would not be able to continue funding them. If it does turn out that the Senior Outreach Program cannot spend the $2,000, and if we are going to be in a bind with funding, she feels maybe we should give them the $2,000. Unless they can come up with something new this year, Ms. Mau stated she does not know how the City can fund them. � Mr. Oquist noted that the City cut back their funds last year for this reason. � Mr. Oquist stated the problem he has with all of them is that he visualizes that these funds should be spent on one lump-sum sort of program as opposed to paying a salary for the next three months. He realizes that Alexandra House has a good program and is filling a real need, but it is not funding something different. Ms. Mau stated if one looks at the organizations that we are funding, many of them will run into problems eventually. There are only so many ways they can use funds. She would be open to $1,000 going to Alexandra House and $1,000 to another organization or the entire $2,000 going to Alexandra House. MOTION by Ms. Mau, seconded by Mr. Welf that if the Senior ^ Outreach Program cannot use the additional $2,000 by June 30, 1995, that the $2,000 from the original proposal will be designated for the Alexandra House. IIPON A VOiCE VOTE, ALL VOTING AYE, CHAIRPERSON OQIIIST DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Hickok stated he would like to apologize for any staff miscommunication in regard to the 1995 CDBG funds. There was no intent, but it was a matter of trying•to make some quick decisions to reallocate 1993 funds in the event that it would have to be done without another meeting. Mr. Oquist stated he would like to clarify that with the reallocation of the 1993 funds, the Human Resources Commission will still try to pursue the original proposal of the $25,000 going.to Public Service Grants, $2,50o.going to the Senior Outreach Program and $2,500 going to the Senior Home Companion Program. By no way will this cut into anything we feel we have. This proposal will be a minimwn and the commissioners may decide 15.09 HUMAN RESOIIRCES COMMISSION MEETING, MARCH 2, 1995 PAGE 7 on a higher amount for PubZic Service Grants, with less or nothing going to the senior programs. Mr. Welf stated this will be his last meeting as he has served on the Human Resources Commission for one year and his health situation will prevent him from serving any longer. Mr. Hickok took this opportunity to thank Mr. Welf for his service on the commission, noting that it is wonderful having great volunteers like him. Mr. Hickok stated the City has hired a replacement for Steve Barg. The City received over 150 applications for.the position. The new Planning Assistant has worked as an Intern for the City of Fridley for the past year, and will be a great asset to the City. MOTION by Ms. Mau, seconded by Mr. Welf to ad' the �eeting at 8:25 p.m. OPON A VOICE VOTE� ALL VOTiNG AYl; IRPERSON OQOIST DECLARED THE MEETING ADJOIIRNED. Respectfully submit Tamara aefke Reco ng Secretary � 15.10 l. OLD BUSINESS� There was Old Business. 2. NEW BUSINESS: a. Review/Evaluate 1993 CDBG Process Mr. Barg stated, following the completion of the 1994 CDBG funding process, he would like to review and/or discuss suggestions which may be helpful for the coming year. The City Council reviewed the recommendation at their Zast meeting in July. There were some questions which were answered at the Council meeting, and the request was subsequently approved. Mr. Coverston thought the process went smoother this year than it did the previous year. Mr. Oquist also felt the process went well. Mr. Welf expressed his concerns that there are not enough funds available to allocate to meet the needs of the community. It seems as if there are more needs every year but there are less funds to work with. It is difficult to review the requests and determine an appropriate level of funding or deny funding. He would like to see additional CDBG dollars provided to the Human Resources Commission to allocate to these community organizations. MOTION by Mr. Welf, seconded by Mr. Coverston, that the Commission request the City Council to allocated $10,000 additional dollars in CDBG funds next year to meet growing needs of the community. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON OQIIIST DECLARED THE MOTION CARRIED UNANIMOIISLY. Mr. Barg stated the remainder of the funds go to hous' rehab which is also valuable to allow people to fix up r homes. Mr. Oquist stated he felt, before spendin lot of money on housing rehab, there should be a comm' ee or commission where their sole responsibility is the sing of Fridley, what is happening to it, and what we about it. Before spending the money, plan what will be d e and put the money in the right places. Mr. Barg receive a phone call from a food shelf saying they had heard C.H.A.P ad gone out of business. He checked further and found that e City of New Brighton had acquired the property occupi y C.H.A.P. for a senior center and C.H.A.P. has closed 15.11 � _ � . Community Development Department PLANNING DIVISION City of Fridley DATE: March 15, 1995 /r �{/ TO: wlliam W. Burns, City Manager ,M FROM: Barbara Dacy, Community Developmern D'uector Scott H'ickok, lanning Coordinator Lisa Campbel�lanning Associate SUB7ECT: Council Action: Consideration of the 1995-1997 Agreement for Comprehensive Recyciing Services with Super Cycle Incorporated. Reauest for Proposal Process Requests for Proposal for Comprehensive Recycling Services were mailed out to potential contractors in mid-January. Four RFPs were submited. Staff along with the Environmental Quality and Energy Commission have reviewed the RFPs. Informational memorandums were forwarded to the Council on February 23, and Mazch 3, 1995. The 1995-1997 Agreement for Comprehensive Recycling Services is attached for Council consideration on Monday, March 20, 1995. Contract Cost The per unit per month price for residential dwelling units is $1.46, a slight increase over the current price of $1.43. This is still one of the lowest rates for recycling collection in the seven county metropolitan area. Under the proposed Agreement, tota.l annual contract costs will be $156,488.28. The combined revenue sources of the City's Solid Waste Abatement programming fee and SCORE funds will pay for the annual contract costs. Features Of The Agreement Significant features of the Agreement include: 1. A two year term; 2. Fines for failure to perform as specified; 3. Two annual community-wide curbside collections of canned foods; 4. The addition of cereal boxes, and textiles; 5. The opportunity to add plastics as their local market value improves; and 6. City takes ownership of multi-unit recycling containers. 16.01 �� Consideration of the 1995-1997 Agreement for Comprehensive Recycting Services with Super Cycle Incorporated March 15, 1996 Page 2 Two Annual Citvwide Collections of Canned Foods Twice a year, over the two year term of the Agreement, the Contractor will collect canned food from the curbside. The Contractor will deliver the food to a foodshelf designated by the City. One of this year's collections could be scheduled for Clean-Up Week. Future Addition Of Necked Plastic Bottles The Contractor has agreed to language in the Agreement to a11ow the City to add necked plastic bottles at a later date. This language is given below. The Contractor will provide staff with quarterly reports on the local market value of plastics. This information will be forwarded to the Council. 15. Future Addition OfNecked Plastic Bottles. Necked plastics bottles (NPBs) include plastic bottles where the bottom is wider than the base. The Contractor shall provide the City with quarterly reports on the market value of NPBs. These reports will be due on January 10, April 10, July 10, and :October 10. NPBs will be added at the City's discretion. Should the City determine that NPBs will be added to the recycling program, the price per unit per month of will be reduced by the rate of the increase in the market price, from the time the original proposal was submitted, in the following manner: a$.O1 per pound increase in the value of the NPBs will reduce the per unit per month price for both residential and multi-unit dwelling, by $.0095 per unit per month. The City shall allow the Contractor 45 days to implement the order to add NPBs to the curbside and\or multi-unit recycling programs. Multi-Unit Recycling Containers There is a provision in the current 1993-95 Agreement that states if the Agreement is extended for an additional two years, the City will take ownership of the multi-unit recycling containers on April 1, 1996. The cost of the multi-unit recycling containers has been amortized over the three year period, beginning April l, 1993. Once the City takes ownership of the containers the Contractor will reduce the per unit price for service to multi-units. Finally, in the event that the City changed contractors, the cunent contractor may not remove the containers. This eiiminates any set-up time associated with a new contractor. Staff Recommendation Staff recommends Council approve the Agreement for Comprehensive Recycling Services and authorize the Mayor and the City Manager to execute the agreement. If you have any questions, please feel free to contact Lisa at Extension #594 LC:Ic M-95-156 16.02 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES This Agreement is made on _ day of , 1995, between ("City") and Contractor. WHEREAS, the Contractor is in the business of collecting recyclables. WHEREAS, the City desires the Contractor to pick up recyclables throughout the City's municipal limits in accordance with the terms of this Ageement. NOW, TT�REFORE, the parties, intending to be legally bound, agree as follows: 1. Contractor/City Requirements. This Agreement defines the requirements of the City of Fridle�s Comprehensive Recycling Prograrn to all Certified Residential Dwelling Units (1-4 units) and Multi-Unit Dwelling Units (5-12 units). The City has identified 7,813 Residential Dwelling Units, defined as 1-4 unit buildings. The City has identified 767 Multi-Unit Dwellings, defined as 5- 12 unit buildings. These units will be serviced as specified herein. Additional Residential andlor Multi-Unit Dwellings may be certified by the City for service under this Agreement. The Contractor shall provide collection services to the Fridley Municipal Center and Fridley's six public schools, including North Park Elementary, Fridley High School, Fridley Nfiddle School, Hayes Elementary, RL. Stevenson Elementary, and Woodcrest Elementary, as specified herein. Further, the Contractor shall conduct two curbside collections of canned food goods, per year, to benefit a food shetf designated by the City. 2. Gotnpensation to Contractor. Tl�e City agrees to pay Contrador for services specified herein. 3. Method of Pavment. The Contractor shall submit itemized bills as specified in Ezhibit A to the City on a monthly basis. Bills so submitted shall be paid within thirty (30) days of receipt by City of a bill. 4. Disposal of Recyclables. The Contractor shall use its best efforts to assure that all recyclables collected in the City are not placed in landfills or incinerated and are distn�buted to the appropriate markets for reuse. If any recyclables are landfilled or incinerated, the Contractor shall report that fact within 24 hours of the occurrence. Notification will include the types and amounts of material landfilled or incinerated and the steps being taken by the Contractor to avoid future landfill or incineration. Contractor shait at all times be under a duty to minimize recyclables ending up in � 16.03 AGREEMENT FOR COMPREftENSIVE RECYCLING SERVICES landfills or incineratioq and, in consultation with the City, at all times attempt to find the least costly method of disposal. If the Contractor determines that there is no market for a particular recyclable, or that the market is economically unfeasible, it shall immediately give written notice to the City. Said notice shall include information concerning the efforts made by the Contractor to find market sources, and financial information justifying the conclusion that the market is economically unfeasible. Upon receipt of said notice, the Contractor and the City shall have 30 days to attempt to find a fea.sible market. During said 30 days, the Contractor shall continue to pick up the particular recyclable and shall be responsible for a transfer and disposal costs. If the Contractor or the City is not successful in finding a feasible market within 30 days, the City has the option to: (1) Require the Contractor to continue to collect the particular recyclable. In such case, the City would pay the Contractor, as additional compensation, the tipping fee at the Elk River RDF plant or a mutually agreeable alternative site. The Contractor is required to keep accurate records of said fees and provide the City with evidence of total payments. (2) Notify the Contractor to cease collecting the particular recyclable until a feasible market is located, either by the Contractor or by the City. If the City notifies the Contractor to cease collecting a particular recyclable, the parties shall immediately meet to renegotiate the fee payable to the Contractor. In the event that the parties disagree on the question of whether there is a market for a particular recyciable or whether the market is economically feasible, the disagreement shall be suhmitted to non-binding arbitration. In this case, each party shall name an arbitrator, and the two shall select a third person to serve as the chairperson of the arbitration panel. The arbitration panel shall meet and decide said question within 30 days of their appointment. 5. Collection Vehicle Equinment Requirements. Each collection vehicle shall be equipped with the following: a. a two-way radio b. a first aid kit c. an approved 2AlOBC Dry Chemical Fire E}ctinguisher d. warning flashers e. warning alarms to indicate movement in reverse 2 16.04 AGREEMENT FOR COMPREHENSIVE RECYCLTNG SERVICES f. signs on the rear of the vehicte which state "This Vehicle Makes Frequent Stops" g. a broom and a shovel for cleaning up spitls All of the required equipment must be in proper working order. All vehicles must be rnaintained in proper worlcing order and be as clean and free from odors as possible. All vehicles must be clearly identified on both sides with Contracto�'s name and telephone number. 6. Personnel Requirements. The Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. Contractor's personnel shall: a. Conduct themselves at all times in a courteous manner. b. Make a concerted ef�ort to have at all times a presentable appearance and attitude. c. Perform their work in a neat and quiet manner, clean up all recyclables spilled in collection and hauling operations. d. Avoid damage to property. e. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. f. Handle cont�ir�ers �y pieking them up, emptying their contents into t�ie collection vehicle, and place, not throw, the container back in its original location. 7. Publici ,ty, Promotion. and Education. The Contractor shall pay for an annual curbside recycling program brochure for distribution to all certified residential dwelling units. The City and Contractor staffwill develop the brochure. The Contractor shall provide and pay for 10,000 copies of the brochure. The brochure shall be subject to final approval by the City. The City shall be responsible for the cost of mailing the brochure to all certified residential dwelling units. 8. Wei hing ofLoads and Reporting Requirements. The Contractor will k�p accxirate records consisting of an approved weight slip with the date, time, collection route, drive�"s name, � vehicle number, tare weight, gross weight, net weight, xnd number of recycling stops for eac� loaded,.. . ,__ 2,. vehicle. Collection vehicles shall be weighed empty before collection to obtain a tare w�ght and weighed after comptetion of a route or at the end of the day, whichever occurs first. An original of 3 16.05 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES each weight ticket shall be included as part of the billing sent to the City each month. Contractor shall also include a monthly report on total number of stvps, total tons collected, a fair estimate of the percentage of the tota! that each material type represents, and the markets generally used for the sale of recyclables with the Contractor's monthly billing. 9. Provision of Recycling Containers. The City will provide containers to all residential dwelling units. The Contractor shall provide 90 gallon containers for all multi-unit dwellings, the municipal center, and the six public schools. The City shall be responsible for the replacement costs of all containers. The Contractor shall also provide service and containers to any additional multi-unit dwellings certified by the City for senrice. 10. Ownershin. The owner of the property upon which the recyclables have been placed for collection sha11 retain ownership of the recyclables until the Contractor's personnel determines the recyclables are acceptable for collection and physically places the recyclables in the collection vehicle, at which time ownership shall transfer to Contractor. 11. Acceptable Recyclables. Acceptable materials include: newsprint and inserts, unsorted glass (food and beverage containers), unsorted aluminum, steel, bi-metal, and "tin" cans (food and beverage containers}, boxboard (cereal, cracker and cake boxes, additional materials may be added to this category as mutually agreed upon between the City and the Contractor), textiles (clean clothing or other clean cloth items), mixed-mail, magazines and catalogs, and corrugated cardboard. Phonebooks will be collect�i from mid-January to mid-March of each year. Other materials may be added upon mutual agreement between the City and the Contractor. � 12. Pre.�aration. The Contractor shall collect recyclables which have been prepared in tt�e following manner: a. Residential Dwelting Units: Residents shall prepare recyclable materials as follows: Newsprint will be placed in paper kraft bags or securely tied and bundled. Glass Food and Beverage Containers will be rinsed clean. The glass will be separated from the other items and placed in a paper bag, box, or recycling container. Metal Food and Bevera�e Containers will be rinsed clean and kept separated from the other items and placed in paper bag, box, or recycling container. Mixed Mail, Ma�azines and Cata{ogs will be separated from other items and placed in a paper bag, box, or recycling container. Boxboard will be separated from corrugated cardboard, contents and liners removed, boxes flattened, bundled and piaced with magazines and mixed mail. Textiles will be separated from other materials. Clean clothing and cloth will be ° -- placed into a plasfic bag, sealed tightly, and a contractor provided sticker will be placed on the bag. The Contractor shall place new stickers in recycling container for future textile recycling by resident. Corru�ated Cardboard will be separated from boxboard and broken down flat into 4 16.os AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES bundles no larger than 3 feet by 3 feet. Phonebooks will be placed at the curbside, separatety from other mate,rials. Phonebooks will be collected from mid-7anuary to mid-March. Preparation standards for other materiats will be deternuned by mutuat written agreement between the City and the Contractor. b. Multi-Unit Dwellings: Residents shall prepaze recyclable materials as follows: Newsnrint will be placed in containers marked "Newspaper Only." Newsprint and inserts may be loose, bundled ar bagged when placed in the "Newspaper Only" container. Glass Food and Beverage Containers will be rinsed clean. The glass will be separated from the other items and placed in a paper bag, box, or recycling container. Metal Food and Bevera�e Containers will be rinsed clean and kept separated from the other items and placed in paper bag, box, or recycling container. Mixed Mail, Ma�azines and Catalogs will be separated from other items and placed in a paper bag, box, or recycling container. Boxboard will be separated from corrugated cardboard, the contents and liners removed, boxes flattened, bundled and placed with magazines and mix� mail. CorruEAted Cardboard will be separated from boxboard and broken down 8at iuto bundles no lazger than 3 feet by 3 feet. Phonebooks will be placed next to the container system at the multi-unit dwelling wut being served. Phonebooks will be collected from mid-January to mid-March of each year. c. Municipal eenter and Fridley's Sig Public Schools: Municipal Center and Public School personnel shall will prepare recyclable materials as fottows: Newsprint will be placed in containers marked "Newspaper Only." Newsprint and inseRs may be loose, bundled or bagged when placed in the "Newspaper Only" container. Glass Food Rnd Beverage Containers will be rinsed and placed in specially marked containers labeled "Clear Glass," "Brown Glass," and "Green Giass." Metal Food and Beverage Containers will be rinsed and placed in specially marked containers labeled "Cans." Mixed Mail, Magazines and Catalogs will be separated from other items and placed in specially marked containers. Boxboard will be separated from corrugated cardboard, the contents and lin�s - removed, boxes flattened, bundled and placed with magazines and mixed mail. �---' Corrugated Card6oard will be placed in specially marked containers marked "Cardboard," or flattened and placed between or behind the containers. Phonebooks will be place next to the container system at the location of the school being served. Phonebooks will be collected from the main lobby of the municipal 5 16.07 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES center and from the office of the municipal garage. 13. Procedure for Unacceatable R. clables. If the Contractor deternunes that materials set out for collection have not been prepared in accordance with the specifications contained in paragaph 12, they are unacceptable. The Contractor sha11 implement the following procedures: Residential Dwelling Units: a) The Contractor shall leave the unacceptable recyclables and place "education tag" indicating that the materials were unacceptable and the proper method of preparation. b) The driver shall record the address and the Contractor and shall provide, by facsimile, a preliminary "Conveyance Form," Exhibit B, to the City's Recycling Coordinator within two hours of completion of the routes. A final and complete "Conveyance Form" shall be provided to the City, by facsimile, by 5:00 p.m. on the same collection day. c) The City Recycling Coordinator will undertake efforts to educate the resident or owner regarding proper materials preparation. Multi-Unit Dwellings: The Contractor will not collect unacceptable material. The Contractor will leave a tag indicating the reason the material is unacceptable. The Contractor shall notify the owner or manager of the buil�ng and the City's Recycling Coordinator by phone and in writing '' that the material was left and the reason that the material was unacceptabl� Upon the fourth incident of unacceptable materials at the same location in twelve months the Contractor has the option of discontinuing service to the same address. Should the Contractor wish to discontinue service the Contractor shall notify the City within five days of this deterntination. The City will adjust its monthly payments to the contractor accordingly. The City will notify the building owner or manager in writing that service has been discontinued. 14. Collection Point. a. Residential Dwelling Units: Residents shall be required place containers at the curbside by 7:00 a.m. on the designated collection day. No container shall be left at the curbside for longer that 24 hours after collection. The Contractor shall empty all acceptable materials from container and any acceptable materials that are placed adjacent to container, and shall replace 6 16.08 AGREEMENT FOR COMPRERENSIVE RECYCLING SERVICES container at curbside. b. Multi-Unit Dwellings: Containers shall not be tocated inside the building, but shall be located insideladjacent to waste dumpster enclosures at all certified multi-unit collection sites. Alternate exterior locations may be designated by the individual building owner or manager. All multi-unit recycling cotlection coniainers sha11 be clearly marked with the materials accepted. The Contractor shall empty all acceptable materials from inside the containers and acceptable materials that may be set adjacent to the containers. The Contractor shall replace containers in their appropriate location. c. Municipal Center and Public Schools: Containers shall not be located inside the building but shall be located insideJadjacent to waste dumpster enclosures at all collection sites. Alternate exterior locations, may be designated by the building official. All recycling collection containers shall be clearly marked for rnaterial type that should be placed in each container. The Contractor shatl empty alt acceptable materials from inside the containers and acceptable materials that may be set adjacent to the containers. The Contractor shall replace containers in their appropriate location. 15. Future Addition OfNecked Plastic Bottles. Necked plastics bottles (NPBs) include plastic bottles where the bottom is wider than the base. The Contractor shall provide the City with quarterly reports on the local market value of NPBs. These reports will be due on 7anuary 10, Aprii 10, Ju1y 10, and October 10. NPBs will be added at the Cii�'s discretion. Should the City determine that NPBs will be added to the recycling progam, the price per unit per month for tttis material will be reduced by the rate of the increase in the local market price, from the time the original proposal was submitted, in the following manner: a$.O 1 per pound increase in the local market value of the NPBs will reduce the per unit per month price for both residential and multi-unit dweliing, by $.0095 per unit per month. The City sha11 altow the Contractor 45 days to implement the order to add NPBs to the curbside and\or multi-unit recycling pro�rams. 16. Addition of Recyclables. The City agrees that it will consider, from time to time, proposals from the Contractor to perform additionai services in the collection of additional recyclables or to perform additional services in the collection of compostable materials. Nothing contained in this paragraph shall obligate the City to pay for such additional services or work unless and until this Agreement is modified by a contract in writing. 17. Curbside Collection of Canned Food. Four times during the two year term of this Agreement, the Contractor shall collected Canned Food at the curbside. These canned foods will be delivered by the Contractor to a foodshelf designated by the City. 7 �s.o9 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES 18. Frec�uenc,y of Collection. The City will be divided into two Collection Districts. Collection shall occur on the 1 st and 3rd Fridays of each month in Area 1(north of 1V�ississippi Street) and on the 2nd and 4th Fridays of each month in Area 2(south of Mississippi Street). 19. Collection Hours. Collection shall commence no earlier than 7:00 a.m. The Contractor sha11 maintain suflicient equipment and personnel to assure that all collection operations are completed by 6:00 p.m. on the scheduled collection day. Residents will be required to place recyclables at curbside before ?:00 a.m. on the scheduled collection day. 19. Cleanup Resnonsibilitv. The Contractor shall adequately clean up any material spilled or blown during the course of collection andior hauling operations. All collection vehicles sha11 be equipped with at least one broom and one shovel for use in cleaning up material spillage. The Contractor shall have no responsibility to remove or clean up any items which are not recyclable materials. 20. Missed Callection Polic,�! and Procedure Contractor's Responsibility: The Contractor shall have a duty to pick up missed collections at all residential and multi-unit dwellings. The Contractor has sole responsibility for screening and responding to missed collections at multi-unit dwellings. The Contractor agrees to pick up all missed collections on the same day that the Contractor receives notice of a missed collection, provided notice is received by Contractor before 11:00 a.m. With respect to all notices of a missed collection re,ceived after 11:00 a.m., the Contraetor will collect said misses on the next business day before b:00 p. m. The Contractor shall provide staffing of a telephone equipped office to receive reports of missed� collections between the hours of 7:30 a.m. and 5:40 p.m. on weekdays, except holidays. The Contractor shall have an answering machine or voice mail system activated to receive phone calls after 5:00 p.m. on weekdays and a11 day Saturday and Sunday. The Contractor sha11 keep a log of all calls including the subject matter, the date and the time received, the Contractor's response and the date and time of response. For residential dwelling units this information sha11 provide, by facsimile, a"Preliminary Conveyance Foim," Exhibit B., to the City within two hours of completing the collection routes for that collection day and a"Final Conveyance Form" shall be provided, by facsimile, by 5:00 p.m. on the collection day. For service to multi-unit dwellings this information shall by provided by facsimile, by 9:00 a.m. on the following business day. City's Responsibility/Residential Dwelling Units Only: The City shall be responsible for screening all reports of missed collections at residential dwelling units, received by the City, to determine if the reported miss is a missed collection, a late set out, or placement of unaccepted . . material for collection. A missed collection is defined as a report by a resident that their material was out by 7:00 a.m. and the address did not appear on the Contractor's preliminary or final "Conveyance Form" as a"Late Set Out." 8 16.10 rI k AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES For each report of a missed collection, it will be the responsibility of the Cit}�'s Recycling Coordinator to ask two questions and inform the resident of the potential penalty to the Contractor. The required questions and statement are listed below: 2) What time was the material set out for collection? 2) Has the Contractor left a tag in your container indicating the reasons for the material not being picked up? 3) Inform the resident that the City has a penalty clause in the contract for missed collections that may be applied if their material was missed. 21. Non-completion of Collection and Extension of Collection Hours. If the Contractor determines that the collection of recyclables will not be completed by 6:00 p.m. on the scheduted collection day, it shall notify the City Recycling Coordinator by 4:30 p.m and re�uest an extension of the collection hours. The Contractor shall inform the City of the areas not completed, the reason for non-completion, and the expected time of completion. If the Recycling Coordinator cannot be reached, the Contractor will contact the first designated alternate, the Community Development Director. If the Community Development Directar cannot be reached the Contractor shall contact the second designated alternate, the City Manager. 22. Non-Performance. a� Penalties: Missed Collection/Residential Dwelling Units Only $25.00 for each missed collection above three misses per collection day, 12 per month in aggregate, to be assessed at the end of each collection month. A missed collection is defined as a report by a resident that their material was out by 7:00 a.m. and the address did not appear on the Contractor's preliminary or final "Conveyance Form" as a"Late Set Out." Throwing Containers/Residential Dweliing Units Only $50.00 for each eyewitnessed report of a driver throwing in a rough manner, which could or did damage the container, rather than placing the conta.iner in its original location. Missing Entire Blocks/Residential Dwelling Units Only $500.00 per each incident of the contractor missing an entire street. A missed block is defined as a block where residents from at least three households within two intersections of that block repart that their material was out before 7:00 a.m., the 9 16.11 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES material was not picked up, the addresses did not appear on the Contractor's preliminary or final "Conveyance Form" as "Late Set Outs," and there are no empty containers on that block. In the event that an entire street is missed the penalty of $500.00 will be assessed but the misses resulting from the missed street will be excluded from any calculation of the number of misses for the collection day, and month in aggregate, for the purposes of assessing any penalties resulting from missed collections, as defined in paragraph 22. District-wide Collection Not Completed $1,000 per incident of failure to complete collection when the Contractor has not received an extension of collection hours from the Recycling Coordinator, or the Community Development Director, or the City Manager as described in paragraph 21. Failure to Complete a Ma,iority (over 50%) of the Collection District $2,500 per incident of failure to complete a majority of the collection stops in the collection district when the Contractor had not received an extension of collection hours from the Recycling Coordinator, or the Community Development Director, or the City Manager, as described in paragraph 21. b Exceptions: For the purposes of this Contract, the Contractor shall not be deemed to be liable for damages where its inability to perform recycling collection service is the result of conditions beyond the control of the Contractor, including but not limited to, civil disorder, acts of God, or severe weather (as defined in paragraph 24 of this contract), changes in applicable statutes, regulations, and ordinances; provided, however, that the Contractor shall obtain approval for the delay from the Recycling Coordinator, or the first designee, the Community Development Director, or the second designee, the City Manager prior to 4:00 p.m. of the scheduled collection day. When the City and the Contractor have upon mutual agreement determined that the Contractor may safely return to the City, the Contractor shall have five (5) days (excluding Saturdays, Sundays, and holidays) to provide such service. In the event of a continuing failure beyond said period, the Contractor shall not be entitled to payment for any residential dwelling unit and multi-unit dwelling not serviced. In the event that the City has approved a delay beyond the five (5) days the Contractor will not be assessed penalties as specified in paragraph 22. 23. Dispute Resolution. Claims, disputes, or other matters of less than $2,500.00 in value between the Contractor and the City arising out of or relating to this Agreement shall be subject to 10 16.12 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES and decided by non-binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association cunently in effect unless the Contractor or the City agree otherwise. Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association, A demand for arbitra.tion shall be made within ninety (90) days after the claim, dispute, or other matter in question has arisen. Tn no event shall the demand for arbitration be made after the date when the institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by applicable statute of limitations. No arbitration arising out of or relating to this Agreement shall include by consolidation, joinder, or in any other matter, an additional person or entity not party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the parties to this Agreement and any other person or entity sought to by joined. Consent to arbitration involving an additional entity or person sha11 not constitute a consent to arbitration of any claim, dispute, or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate, other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 24. Severe Weather. Recyclir�g collections may be postponed due to severe weather at the sole discretion of the Contractor. "Severe weather" shall include, but shall not be limited to, those cases where the temperature at 6:00 a.m. is -20 degrees F or coIder, to those cases when snowfall has made streets impassable. Upon postponement, coilection will be made the following business day. The contractor will be respons��le for notifying the residents by radio and television announcements. The City will be responsible for notifying the residents by municipal cable. All three means of communication will be used for each severe weather postponement of recycling cotlection. 25. Holidavs. Hotiday means any of the following: New Year's Day, =Memorial Day; Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. When the scheduled collection day falls on a holiday, an alternative collection day shall be scheduled by mutual ageement. The Contractor shall assist the City in publicizing the alternative collection day, including delivery of notices to each residential dwelling unit and multi-unit dwelling in the affected Collection District. 26. Utilities: The Contractor shall be obligated to protect all public and private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Contractor's operations, the Contractor shall repair or replace same or, failing to do so promptly, the City shall cause repairs or replacements to be made and the cost of doing so shall be deducted from payment to be made to the Contractor. --� �- 27. Audit Disclosure. The Contractor shall allow the City and its duly authorized agents - •-° -{� reasonable access to Contractor's books and records applicable to all services provided under this Agreement. Any repo�ts, information, financial material, or data which the City at any time requests be kept confidential shall not be made available to any person or party without the City's prior written approval. Unless a written request is provided and approved by the City any reports, information, il 16.13 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES financial material, or data collected by the Contractor or the City in relation to this Agreement shall be public information. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, or reports prepared by Contractor shall become the property of City upon termination of this Agreement. To the extent that any of the foregoing involves the business of Contractor outside the City, the Contractor shall have the right to use such property in its business outside of the City. 28. Term. The term of this Agreement shall be April 1, 1995, to March 31, 1997, the date of signature by the parties notwithstanding. The parties may, by mutual agreement, cause this Agreement to be extended for two (2) years after the foregoing expiration date, subject to the right of either party to ternunate for cause by ninety (90) days written notice as provided in the following paragraph. The City will assume ownership of the 90 gallon containers being used to service the certified Multi-Unit Dwellings, on April 1, 1996, and the Contractor shall reduce the monthly per unit fee for Multi-Unit Dwellings. 29. Termination. This Agreement may be tenninated by either party upon ninety (90) days written notice to the other party without cause or for cause upon the other party's breach of its duties under this Agreement. In the event termination is by the City pursuant to this ninety (90) day provision, the Contractor shall be paid until the effective date of termination. 3 0. Subcontractor. The Corrtractor shall not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 31. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find Contractor an employee of the City. - 32. Assi ,�nment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 33. Excluded Seivices. The City shall have no obligation to pay for any services furnished or performed by the Contractor not specifically provided for or contemplated herein. 34. Severabilitv. The provisions of this Agreement are severable. If any portion hereof is, for any reasoq held by a Court of competent jurisdictioq to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. 35. Compliance with Laws and Re�ulations. In providing seivices hereunder, the Contractor shall abide by all. statutes,�.ordinances, rules, and_regvlations pertaining to the provision , of services to be provided hereunder. Any violation shall constitute a material breach of this Agreement. 36. Equal Opportunitv. During the performance of this Agreement, the Contractor, in 12 16.14 AGREEMENT FOR COMPREAENSIVE RECYCLING SERVICES compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part b0, sha11 not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action sha11 include, but not be limited to, the following: empIoyment, upgrading, demotion, or transfer, recn�itment or reccuitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in places available to employees and applicants for employment, notices to be provided by the Govemment setting farth the provisions of this non-discrimination clause. The Contractor sha11 state that atI qualified applicants wilt receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and wiil require all af its subcontractors for such work to incorporate such requirements in ali subcontracts for program work. 3 7. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 38. Indemnification. The Contractor shall indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limiied to, attorneys' fees, which they may suffer or for which they may be held liable, as a result of negligence or fraud of the Contractor, his employees, or subcontractors in the performance of this Agreement. 39. Insurance. The Contractor shall provide a certificate of insurance as proof of liability coverage for bodily injury or death in the amount of $500,400 for any one person and in the sum of $t�000,000 for two or more persons for the same occurrence and for damages to property in the sum of $100,000. The certificate of insurance shall name the City as an actditional insured and state that the Contractor's coverage shall be the primary coverage in the event of a loss. Further, the certificate shall provide for thirty (30) days written notice to the City before canceltation, expiration, or change of coverage. 40. Workers Compensation Insurance. The Contractor shall provide workers compensation insurance covering all employees of the Contractor engaged in the performance of this Agreement, in accordance with the Minnesota Workers Compensation Law. 41. Performance Bond. The Contractor shall execute and deiiver to City a performance bond with a corporate surety in the amount of $30,000, or equal ("equal" may include a letter of credit from a banldng institution approved by City). This Agreement shall not become effective until such a bond, in a form acceptable to the City, has bcen delivered to the City and approved by the City Attorney. This Agreement sha11 be subject to ternunation by the City at any time if said bond shall be cancelled or the surety thereon relieved from liability for any reason. The term of such performance bond shall be for the life of this Agreement. Extensions or renewals shall require the execution and delivery of a performance bond in the above amount to cover the period of extension 13 16.15 AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES or renewal. 42. Conflict of Interest. The Contractor agrees that no member, officer, or employee of City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Violation of this provision shall cause this Agreement to be null and void, and the Contractor will forfeit any payments to be made under this Agreement. 43. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 44. Entire Agreement. The entire agreement of the parties is contained therein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreement presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement sha11 be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first above written. CITY OF : Its Mayor Its, and : Its City Manager Its CONTRACTOR NAME: : :� 14 16.16 Exhibit A Fees for Comprehensive Recvclin� Services Fees for services provided by the Contractor shall be paid by the City. Fees sha11 be based on a per household payment. A. The cost per residential dwelling unit is $1.46 per unit. B. The cost per multi-unit dwelling is $2.13 per utit. 16.17 �� r. _ �� Exh�bit B � .. corr�r�E�.�.r�c� �a�r�r ��: nRx�rEx: ROU"rE: . k " P Iut . .�yyyA�� 4 � �� . >�� <> . A �� T .�,Y L � . E;;< s�.�:�� A ��M S . PIU x+r�ISS �� ADI�RESS ��7� 7C '�3P.:w. L;�,`�` O OT�EiZ TAGr $Y � B'Y :< - j-� �:�� . �� . ra. ..�„��'� : �- �� u. , :�� ra$�• .>,��: � A �. . � . T. �� 'a� y..,.. .F� �� a . n ' ";,>'S�°'�,:��J, y.,,.we. ��,o- °� ' �!�,' �v'. . :. »r.k.w�a l�i� w.r$ �;a�';?+. � °wti�F.£�. � ��iisi'�>; w$Z.ezi:i �� ..A�4iC � �`,..fa.n. 'C � ywwv �"P� q� K'.Y�ey)'%'l � J: •y-p � 51� . . � .. . • � . ��V y.. .. . .. . . .. � .. . . . �..... . . . T � •�' � � • . 4v� M y"tv 2 �� . � ;�Z�t N� a ��,.�'��33 �k':�:;=a ' ;�i.y,�;+..: � � :��n� �y'�:6, ��:k: �.;». �. :�;^� �;�r`. a�� . :.�h � �.{ayl,� `��:. . S� �`�0`„+as� ;� S;%o,' �'��;"o��:a� �' l�T��V. :areeMO4 a.�� `��:r;} . :z�>:5.::: •yy�'• e;::7:SS � '.=;.� %f;^:' u. 0 3,��` ' . . :<'t:;�a< "d�n;c v�� :.� ; �. y`� a `�w-;: ��t;�,.,.� ��;^,''� �F;;;e:, . . ::�<e:�,'.�+4�' �"'` ^`'i;�� '�,�tr:o-� ^'�a i�` Y,,,wh "::«� '<''_'�'x'd% x�'r.'o'< "�:'K -�,�'�� } �ai?:� � w'�;r� : „M �v` :«`��"� � � ;;i� .:`�..`��'-: ;, x:. •�Yy': �.tr.i � 'vSv,� �oj�; � �`. .' i'`tK' `;�wN < P y`: . . ><:>:>.. > ki�; �. �:,vS.r ..+�2� . �^ '� ':,+R't: �v .�� . � :C� e. :. ��w t. �y.�,��~ {�� ;�ywi3 . . ��iri•„��e �:wyib.,.,`:t;P "� :o: ,'tf•S•+fo"" .y�?�,.�b.w`.�r.... .:��X:[ rea�' ^-r! �:?rE?;^� .�,`�."�: .R:x^'i� ;��.a5sr�Ti"` . .�r�'.�A,kT '.% a.+lT' .tY.j: � ;i '�' �:t`,o:q o>'�-`.'�' :;.: � � � � ,�`,f•7 � � 3'�'�'��Ga'9�. >.S:S.�� . P • �b<a.�� ... �� . . . �A � b� �ya� 16.18 ...�' ;, ; ,E , � City of Fridley [� Recreation & Natural Resource Department 6431 University Avenue NE, Fridley, Minnesota 55432 Phone # 612-572-3570 Fax # 612-571-1287 March 15, 1995 TO: William W. Burns � �� City Manager FR: I�i_�A Jack Kirk .� � Director BIDS ON RICE CREEK PLAYGROUND EOITIPMENT On Tuesday, February 28th at 2:00 p.m. bids were opened for the playground equipment structures to be installed at Rice Creek (townhouse azea) Park. There were six companies submitting bids, with a total of eight bid packages (2 of the companies submitted 2 different options to be considered). �< >� Each of the companies was told �that �there was $34;000 available to purc�iase equipment £or:-ti�is , project. They were asked to design a playground equipment package that included a structure for '` 2-5 year olds and a separate structure for 5-12 year olds. All proposals were expected to meet f requirements set forth in the Americans with Disabilities Act and to meet guidelines as published by f the United States Consumer Products Safety Commission. The companies were also asked to provide a separate price for the complete installation of the equipment. By following this bid process, the City received many good design options to consider for the project. Our goal was to select equipment that provides the City of Fridley with the best value for the funds available. This best value analysis included evaluation of quality, durability, safety, ease of installation, play experience provided, and aesthetic appeal. In addition to my analysis of the bids Park Maintenance staff supervisor and employees had the opportunity to review the information. Their recommendation was to go with the Game Time Powerscape equipment supplied by Minnesota/Wisconsin Playgrounds, Inc. Also, the Parks and Recreation Commission reviewed the proposals at their March 6th meeting, but did not make a specific recommendation on equipment. On Wednesday, March 8th I had the opportunity to meet with Gina Smith, who represented the owner of the Rice Creek Townhouse property. She was pleased to be able to see the bids and re- confirmed that the owner will contribute $5,000 towards this project. On Thursday evening, March 9th I took the bid information to the Rice Creek Townhouse complex for a meeting with the manager, Mr. Jeff Hiivala, and residents of the area. There were fourteen people in attendance and the favorite choice of equipment by the residents was also the Game Time Powerscape equipment by Minnesota/Wisconsin Playgrounds, Inc. JK95-34 17.01 William W. Burns Rice Creek Playground Equipment Page 2 In light of the fact that we will be installing this equipment with our Park Maintenance staff, I believe the best package of equipment for this park is being offered by Minnesota/Wisconsin Playgrounds, Inc. with their bid of the Game Time Powerscape structures. I have received very positive recommendations on this equipment from staff from the cities of Blaine and Brooklyn Center. It is my recommendation that the City Council receive the bids for the Rice Creek Playground Equipment and award a contract to Minnesota/Wisconsin Playgrounds, Inc. for $30,000 to provide the playground equipment. JK:sj 17.02 CITY OF FRIDLEY BID FOR PROPOSALS RICE CREEK PLAYGROUND EQUIPMENT, PROJECT NO. 278 TUESDAY, FEBRUARY 28, 1995, 2:00 P.M. N'�5 �; :.::;:.;:.::.::;.�:.: ........ ... .... .:>::: ::>;:>::>::<:: :. »:::«:::::::>;»:: ::::::::>:>>::�:::::::;::::>�:<:::::>::::>:.<:::;:::;::>__>::>;;.:>:::<::::::::::;>::>::><»<:::;::;:<:;::>:< � :>::::�::>::>:>>: < : ;:>::;>:::«:<::>::::: � .. ...;:<::::::>::::::�>;:�: OYUI�ME . ... ..P_LAN.:HOLD;ER .::;........ . .. BID BOI�1�.:. :T�?TA�:>B.�D>:;.::.>::.::.:....... .. E:. .....:. . __ ...........::.::.�.>:::>�<`:::<'>:>: St. Croix Recreation Co., Inc. Old Republic $30,000 915 Northland Ave Surety $ 7,690 (Alt) Stiilwater, Mn 55082 5% $37,690 Flanagan Sales, Inc. Safe Co $30,000 4272 Highiand Dr Insurance Co. $ 6,980 (Alt) Shoreview, MN 55123 5% $36,980 Value Recreation Ntl. America $30,000 555 W 78th St Insurance Co. $ 6,923 (Alt) Chanhassen, MN 55317 $1,500 $36,923 Submitted two bids Bob Klein & Associates Amwest $30,000 (2nd) $30,000� 1303 Lincoln Ln Surety Ins. $ 6,200 (Ait) $ 6,200 (Ait) Hastin s, MN 55033 5% $36,200 $36,200 MN/WI Playground, Inc. Hartford Fire $30,000 P.O. Box 27328 Insurance Co. $ 7,895 (Alt) Golden Valley, MN 55�427 5% $37,895 Submitted two bids Earl F. Andersen, Inc. State Fire $30,000 (2nd) $30,000 9808 James Circle & Casualty $ 5,755 (Alt) $ 5,879 (Alt) i Bloomington, MN 55431 —2776 5% $35,755 $35,879 I � i JK95-26L � 17.03 (�� I � ��I I�� I �� I I�� I� � i� � �� 0 � � :u � 1- }. J 11, �J � J� �� : � � � I � ; _ �- Q, ;� �� ;_� �-o� � ��-� : �, m . � � , ` �' ', � - ,� . -- � : �1 :� � �� i FRID�EY M1�, , ___ _ , . , � � � � �� _ , . � i�a�o L � � i� � � �— � �� o � / �� r � � �� _ �` , � �� r • ,� � � � C �'� -C♦ �. � -+1t1 '. 1: �"� • T,� �-- _ - � � ��r � Q �' � - - - - _. � - ;. � ► r_� �s N r�� \ \ � s .. � � � — '� ��o � �� t� �ar�o�► ` ` � � � � _ ,. � :..-- � _- C � �� / _.If' 1 .05 � ., �2 ��.�� , / I _�� i � t i t � t � . � ! � , � � � � � � � � i r-----------------------------------� , � � ---- � � ' �� t i 'J � � � i � � � / ♦ / � t � � ` , � � i � ' � � g � � i i ' o '- �^ - r � i �� -'`. i � �� y i i `� � i �� i �` � r � � � k � � � �� . � ► � � � � � � � i � � ' � � � � � � � � � .�, � � � i �- � ' i. � i i � � � � � , ' ' ' q 'O 3 � i � � � � � i , � i �o i � � �� + � � � t 1 1 � J I L---------------'--�----�---_-___--..-� / �' � J / / � '1 i /�� / � � i � ! � O � / � � 1 1 � 1 � t / � lti1 � i - � � I / 1 - _ � � � / � _ ` � � / �� / i v � � ,. i , � , . - . .' '� � � � � . � , , c� � i $ _ i � � � i i � I � Oo h� � �� M / ♦ i / � i n � � ---- � 'p _ �� I � 0; / � ♦ / $ � �� II � / � � � i / � � "' - " ' � 1 1 i--�- � . � r�_��_.�� ^�_. � / \ � � \ fi � � \ � � I � � t � . � � � . 1 � ♦ � �' \` /� -�� ` -�.�� t ' 1 � i l � 1 I t 1 � ,\ � � � � � � � � „_ 1 i. i� f � 0 � � � N W � Q � � u Q 0 w 8 � � � Q 0 � ___.. 1 ( 1 I i f I I 1 1 I I 1 I [ ��o� � �� ss o�� oZ�i ' � ��Cl �'fl �,I i� � �� . �d�� I Februar� 2�? . 1995 Fridlev Recreation & Natural Resou�ce De�t. Jack Kirl: � 6�31 LTniversitv Avenue N.E. Fridle� . *�N. 55-'_32 Dear Jack, If play e�st�erience, Alay value, play natterns, construction quality, durability, safety, eauipment longetivity and over-all aesthetic appeal are important to �ou-POWERSCAPE WOULD BE IDEAL FOR YOU! This is a very bold statement, although if you lool: at the facts-you wiil appreciate the many features that Powerscape e�tends. Today, most playground companies boast that their products comply with the �,ST"I and C. P. S. C. Guide�ines ... some do c�mpl�r.- r�s long as e�-erything is installed precisely to the manufacturer's s�ecitications. When the materials lea��e some manufacturer's factorv. thev are �ntended to comply with safet� guidelines. Many companies use a labor-intensive wrap around cl�mp., The burden is on the installer (or the city crew? tc insure everything is e�act, with absoluteiv no marain cf error. Powerscape will save you money because installation time will be reduced bv 55%. Maintenance will be reduced areatl�T in the future- POT�TERSCAPE UTILIZES 80 PERCENT LESS HARDWARE'. Less parts, means less thinas to break . If a clamp �� eaks , w:�en ar. emplovee re- installs that clamp a mere 1/2" abo��e where it is to be Iac:ated...who is now liabJ.e? GameTim�'s natentel Power�ca�e ass�sres you compliance with the most recent safetv standards due to t'�e fact t�at •�? 1 clamps (MegaLors? a�e factory installed. There is no margir: of error because the �IegaLocs are located 3� tY?e factor�r. T'�is mear.s �zo a��essina or possibly beinu off by a�� i:�ch or two...all components are engineered e�act. GameTime maintains S10 Mill�on nroduct liabilitv insurance policv that ca:1't be duplicated in the industr�r! Sincerely, ; % .�' �� , ��-�-`--.-- � Harlan Lehman Phone: (612) 546-7787 FAX: (612) 546-5050 MN WATS 1-800-622-5425 WIS WATS t -$00-752-9947 17.07 P O. Sox 27��8 + aO�G{Pfl `,/alley, �vlinnesota 55427 i C � 0 ' ( .. � . _ � '� _ a . � a�� 1 �� ' � ;� GAM��iME OFFERS � �. � THE ��`��', WA TY� , . � '� �,. , ��., � , � � � � _� � IN ; � ��INDUSTRY' , . , . � � ,� , ��r�,� ,. , �,.�,, � ►��, xx .� � , , � i 1 , , ; �;, ' ' GameTime provide warr�'ntie`s an, all materials and workinanship !for one �! year, excluding vandalistn ` In addition, GameTime offers: '' � x ��. � ��{ � t ti� ' � � � I • ` 10-year limited.':�r�rf�� o� �lamps t � , , u 1� g �� y� ; � :�: , � +� .. t.�� ad^3�, � Sf�.: . ' � ( . 1' I • 15-year limited'�u j" �t� �6r� support post � � l •'� i� �� , . ' k.� �! �k.1i t �'-. .... � � • 10-year limyted:;.`�"��tY� or�, expanded metal de�ks, pipes, rai}'s, i loops and rungs; '�"�� ', �� t� � � � � .�� , � � . , � ,.�. , � • 6-year limited �u�r�ar�cy on Roto-molded polyethylene ' , _ � ? �;� � � . . . �d"; o . _ . � 10-year limited� warrat�ty',on pressure-treated pine and redwood � products against decay arid termites , , . .. �' k ! Ab� C 'i wl l . ... . : . I - �i:,. , ' . . , . ,'�.� `I"'�. � ! �• 10-year limited warra�rty on Durascapem aluminum.uprights, against � corrosion �"` ��. i • 3-year limitcri wacra�ar�.cin fhe NO. ?49 Beit Seat • 2-year limited warranty �an Ste�lTron"' products • 12-year to life lim�ted-warranty on all hardware . � ,°; . � . I 10-year limited warranty on EXER-TRAC� Fitness • 1-year limited warranty on cail spring Saddlemates� '! • 3-yc;:ir limite�ci warranty on rut�i�er and C-Spring Saddlemates� � • I-ycar fimitcd warr:inty can ;ill i�thcrs �i , � To the extent permittead by law, thesc warranues are expressly inj lieu of any other implied or expresseci warranties or representation by any person; including any irnplieci warranty of inerchantability or fitness. 1, � , � , .;a . , �� .08 �_- , � ,,- , �� i� 1 I� I I � � � r� �� . N ��..�. . .! ,i �, �, � I �i ,; �� ,�►i PROJE � � � .`,' �� -�� _ � �� i � '��,� CIi� ��9�-L�: � , 'q.= -- ..... 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" �\� ` � . �,. � 1 \ � _ ��Y�+ t ' \ �' f 5 •�`� �_ � � \ .00ODAI[ p� � �"' 11' � N �° 4 � (� : e . � _ .. s�T+v � 0 : . t�`�`TM_J� J �L y z z • s _ � � ;� � ,, . , u . D J � �� t �1 r �. a . 1 � � Y Y i W C > " � p G � J � � c' � I_ '�. _�N_ v � I 6] MD !. � ,•F•'Va ! t C.-._ _I i 1.�1 L1�1 U l' ..��.�.r.S.AJr ��.lO� ��. o� � � S�REET ..�. � el��u�s � ❑ � MQUN�SVIE s c0urrr �o M FW 6RiGrjON � I I �� RtC[. CR[ER W 2 .L 22�� ST N � MISSISS'P , L y �V P�11• � I � D�M• ��j � ^c•_wr 1 .. : � r ` � ~ 6 � � �r r � � r � HARR IS � � � �� PONO � O A t � F . � ` �i OY' • �• C `. IE ♦ � < � i � ' U O � � ro i � �[ �� t C�YLLOT N _ � �--- : p�Cf Cr![K RO�O e � � Q � j0_=� 7f � / � CI7YOF FRIDLEY TO: FROM: DATE: MEMORANDUM Municipal Center 6431 University Avenue N.E. OfflCe Of the City Man�ge�' Fridley, MN 55432 Wifliam W. Burns ; (612) 571-3450 The Honorable Mayor and City Council William W. Burns, City Manager�� Maxch 17, 1995 SUBJECT: Amendment to Rental Housing Ordinance In my last City Manager's report, I indicated that our renta.l housing inspectors were having difficulties getting the coopera.tion of the Springbrook Apartments' ownership as they seek to continue their inspection of the Springbrook units. The main problem is that Springbrook is refusing to provide a representative of the ownership to participate in the inspection program with our inspector. This means that in order to continue the program, our inspectors will be required to ma.ke appointments with each of the tenants of the remaining units for inspection of their apartments. Our e�erience in trying to make these appointments is that the tenants ignore the recorded message that plays on their telephone recording devices, and in general, it is very difficult to schedule appointments. When appointments are scheduled, they are usually during the evening and weekend hours. If we must continue to proceed along these lines, our inspection process wi11 be slowed down considerably. I have listened to the complaints that Mr. Charles Belgarde, one of the owners of the Springbrook Apartments, has about our inspection process. In general, he feels that we are being too picky and that our inspections aze alienating and driving away his tenants. I talked to Kevin Swanson, the individual who is primarily responsible for the inspections and have reviewed his inspection reports. In quite a number of instances, he reported the use of illegal e�ension cords by tenants and such things as soiled carpets and wall coverings. I have asked him to justify the citing of these items on legal grounds. In each case, he has come with what I believe to be a satisfactory, legal and common sense explanation. Extension cords, for example, if not grounded could overheat and melt down under- a piece of furniture. Moreover, they are illegal under the State fire code. Although we do not plan to conduct reinspections on the extension cords, we do know that in cases where the unit was reinspected, most of the tenants complied with his request to change the illegal e�ctension cord. 18.01 Amendment to Rental Housing Ordinance March 17, 1995 Page 2 In order to make this more palatable to the ownership of the Springbrook Apartments, I have suggested that we put an asterisk beside the items on the inspection report form that are items that need to be taken care of by the tenants. I have also attempted, unsuccessfully, to conta.ct Mr. Belgarde to explain our changes to him. In the meantime, I believe it is also important for us to consider legislation that would require the presence of the owner or the owner's agent during our rental inspection. There are several reasons why this is important. They are as follows: l. The presence of the owner or the owner's agent will serve to reduce our liability considerably. 2. The presence of the owner or the owner's agent will improve accessibility to the apartment units and serve to streamline the program. 3. The presence of the owner or the owner's agent will enable us to communicate directly with that person where there is a code violation. In addition, if evening or weekend inspections aze required, particularly for the owners of smaller buildings, we are willing to be flexible and schedule them as necessary. In view of the fact that these inspections occur only once every four years, this burden would not seem to be onerous. Moreover, it is consistent with what is being done in other cities. According to Gregg Herrick, it is perfectly legal. The major provisions of the ordinance are as follows: 1. It would require owners or agents of owners of multi-family units to accompany our rental inspector on the inspection of their units. 2. It would ask them to provide access to the units. 3. It would ask them to notify the tenants of pending inspections. 4. It would promise a minimum of one week's notice of the initiation of the inspection process. 18.02 Amendment to Rental Housing Ordinance March 17, 1995 Page 3 Since we are trying to inspect as many properties as we can and we consider this a matter of urgency, we are asking that this item be considered for first reading at the Council meeting on March 20, 1995. I was told by Gregg Herrick that this item does not require a public hearing. I would, however, propose to notify each of the apartment owners in Fridley of the second reading of the ordinance and allow them to make comments during that meeting. I spoke to most of you on the telephone and in general found support for this ordinance. I do know, however, that Councilmember Billings has some reservations about the burden that this places on the owners of smaller apartment buildings. Although this may be the case, I can promise that from an administrative point of view, we will administer the program in a manner that is flexible and as convenient as possible for all concerned. Thank you for your consideration of this item. WWB:rsc 18.03 C` 1� i Ci L' 1 i f f f•1HF' 17 ''�+� 1�=�: ;�'�± BHF'f`IH i�l_f�`r' :' '=;TEFFEf•{��;ER pRD�NANCE NO. A�I d1tA�NANCE AMENI��NG THE FRIDLEY GZTY CODE C�A%'T�R 22 4 BY �1M�NDING SEC:'�IO�I 22 0{ 13 j( 6). "INBP�CTIONS" OF RESIDE24TiAL RENTAL PROPLRTX AND LTCENSINt3 CODE. F' . � �he Councii of the City of Fridle� do�s hereby ordain as follows: 220. RESIDEN'TIAL RENTAL PRdPE�tTX MAINTENANCE AND LICENS�NG CODE 220.13(6) 7NSPFCTIONS The Inspection pepartm�nt shall set up a schedule of periodic inspectians tn ensure City-wide compZianc� with th3,s Ck�apter. The Complzance nfficial shal]. provide reasanable advanced notice to the awrier or cperator as ta the date and time of the �.nspection. Wh�n the inspection is a regularly scheduled inspecti.a�, the City's Inspect4r will. provide at least�seu�n (7) days advanced nnt�,ce. The owner-operatar shall notiPy al.�. occtxpants o£ thF� City's insp�ction and shaYl have � representa�ive present at the insp�c�ion and shall axrange and allow entry by t.k�e Ci�y Tnspector into eaah dw��ling unit. Every oacupant af a dwelling unit shall c�zv� the owner or operator therea�, or hisjher agent or emplayee, access to any part of such dwel3.ing unit, or its premises, at r�asonable times for the purpose c�f effecting inspectian, maintenance, repairs, or alterations as �ire necessary to comply wa.th the provisiohs af this pzdinance. If any or�rner, operator, occupant, or othex- person in chargP of a dwelling or dwelling unit f�ils or refuses to pezm�.t fre� access and entry to the structuxe or premises under his/her cc�ntrol far an inspectian pursuant ta this �rdinance, the Camplia,nc� Officia]. may seek a court or�d�r authorizing suct� inspection. p�1SS�D AND AD�P7:'ED BY THE CXTY COUNCIL OF THE CITY 0�' FRIDLEY THIS D�1Y OF , 1995. ATTEST: WILLIAM J. N�E, MAYOR WILLII�M A. CHAMPA, CITY CLE�t 18.04