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11/06/2006 CONF MTG - 6114� � CITY OF FRIDLEY CITY COUNCIL CONFERENCE MEETING November 6, Z0o6 - 7:0o p.m. Fridley Municipal Center Con�erence Room A (Upper Level) 1. Update on Brandes Place. 2. Purchase of Van O Lite and Carquest Properties. 3. Open Burning. 4. Other Business. Adjourn. October 10, 2006 Mr. Bill Burns City of Fridley 6431 University Ave. NE Fridley, MN 55432 Dear Mr. Burns: � � �' I 1 � ,��'a�CC.�G��T�� 2929 Universily Ave. Sf, #206 Minneapolis, MN 55414 612-331-3333 phone 612-331•2223 fax On behalf of Community Housing Development Corporation, I am writing to request a meeting with the City Council, in accordance with the requirements of the settlement agreement between Brandes Place Limited Partnership and the City of �'ci ley. I will be prepared to present information to the Council regarding the following topics: • Properly's operations since lease-up in December 2005 and January 2006 • Services provided for residents by Families Moving Forward • Activities of the Brandes Place Community Advisory Committee If there are any other topics that you think the Council would like to hear about, please feel free to contact me at 612/331-3333. At that time, we can also discuss a date that would make sense for the meeting to take place. I look forward to hearing from you. Sincerely, � �i � - �, Sarah Matala Asset Manager and Owner's Representative For Community Housing Development Corporation CC: Richard Brustad Scott Hickok � ._ . Fridley Police Department Memorandum To: William W. Bums, City Manager �` � From: Don Abbott, Public Safety Director Date: 11/03/2006 Re: 2006 YTD Police Calls for Service to Brandes Place The attached table summarizes the 25 police calis for service to Brandes Plcrce (6124-6180 5m St. NE) from 1/1 /2006 through 11 /2/20Q6. Cursory analyses of the calls shows most are calls for police to assist with minor issues. The police deparfment does not consider Brandes Place to be the source of either excessive or especially conceming activity. Case # Date Ttme Address Description 06002700 O1-042{)O6 1444 6184 5th St NE Family Assist 06013848 01-1&2006 1815 6144 5m S# NE Medical 06044313 02-26-2006 2257 6152 Sm St NE Public Assist - Residential Open Door 06066694 03-27-2006 1232 6152 Sth St NE Resident receiving harassing phone cails 06076495 4-8-2006 0423 6164 5m St NE Accidenta1911 call - no problems found 06080465 4-12-2006 215i 6144 5"� St NE Back door found damaged - report made 06119419 5-2&200b 1916 6152 5th St NE Missing child - found by mother as police aRived 06123059 6-1-2006 1537 6124 5th S� NE Argument between husband and wife - mediated 06132264 6-11-2006 0453 6160 Sth St NE Ex-boyfriend wanting to get in - taken to detox 06137884 6-17-2006 1135 6136 5th Sfi NE Argument between mother and davghter - mediated 06157231 7-07-2006 2311 6164 5TM� St NE Suspicious male mm�ing through . neighborhood 06180632 8-02-2006 1622 b18fl 5TM� St NE Resident's car vandal'�zed 06184000 08-06-2006 1056 6i80 5m St NE Resident's c� vandalized r x � • 06184021 08-06-2006 1120 6156 5th St NE Resident's car and plants vandai'¢ed 06185347 08-07-2006 2328 6160 5th St NE Pub6c assist - unwanted male removed Q6187257 08-10-2006 0634 6144 5th St NE Misc. Assist - suspicious large insect in home 06189331 08-12-2006 1040 6172 5th St NE Resident's car vandalized 06193130 08-16-2U06 2225 6144 5+h St NE Suspicious noise - light fi�ure fell in home 06197153 08-21-2006 1107 6136 5+h St NE 911-hang up. Inadvertent dial 06211711 09-06-2006 1236 6176 5m St NE Misc. Other - mail carrier rude to resident 06215111 09-10-2006 1004 6144 5TM� Si NE 911 hang up - child playing with phone 06224070 09-20-2006 2012 6172 Sfh St NE Theff report-resident properly stolen from home 06224889 Q9-21-2006 2257 6140 5th St NE Suspicious male in home - OK per resident 06241790 10-12-2006 1026 6128 5m St NE Welfare check - father req. check of daughter. OK 06252856 10-25-2006 2024 6128 5Th St NE Resident's car damaged - domestic related. � � CffY OF FRIDLEY DISCUSSION ITEM COUNCIL WORK SESSION NOVEMBER 6, 2006 Date: November 3, 2006 � To: William Burns, City Manager�(� From: Paul Bolin, Asst. Executive HRA Director Scott Hickok, Community Development Director Subiect: Gatewav Northeast In December 2005, staff received a call from Harvey Goldstein, owner of the now- vacant Carquest building located at 6005 University Avenue. He had called and asked if the City/HRA might be interested in purchasing his building. He noted that it seemed we had a desire to improve the image along University Avenue based on our Gateway East & West projects. He did not have an asking price and stated that he would prefer we go through a"friendly condemnation". The call generated a brief brainstorming exercise where staff determined that the area from the Sinclair Station south to the Carquest building would provide an opportunity to further improve the City's image along this corridor. The call also generated interest from the Council and HRA and was briefly discussed at a joint meeting held on March 27, 2006. Staff worked with Attorney Casserly and Dan Wilson to place realistic values on the properties, including relocation expenses, and recommended that another joint meeting between the HRA and City Council take place. That joint meeting never came to fruition and staff put Gateway Northeast on the back burner. Recent calls from a prospective buyer of the Carquest site, inquiring about using the site for a combination of auto repairs, body shop, and thrift store, have moved the potential purchase of this site back onto the radar screen. Scott Hickok has been in contact with a realtor representing both Carquest and the old Van-o-lite property. It does appear that the asking prices are less than what our experts were telling us in early June. The Carquest site is on the market for $399,000 and the old Van-o-lite building is for sale at a price of $460,000 (down from $525,000). The HRA currently has more than adequate undesignated monies available for these purchases. Though the HRA does not have any particular plan for the end use of these properties, staff recommends moving forward with purchasing the properties while they are vacant (requiring little/no relocation expenditures) and have a lower asking price. The HRA and Council can gain a foothold into this neighborhood to be used for further improvements along the University Avenue corridor, as they contemplate the ultimate end use for these properties. The HRA, on November 2"d, authorized staff to move forward with negotiating the purchase of these two properties. All negotiated terms and agreements will be subject to final Authority approval. Unless the City Council is in disagreement over purchasing these properties, and investigating the future purchase of properties in this neighborhood, staff will proceed with the appraisals and negotiations necessary to secure ownership of these properties. Staff would recommend a joint meeting between the HRA and Council to identify potential end uses for the properties. Memo To: William W. Burns, City Manager �t�• '\" From: John Berg, Fire Chief Date: November 3, 2006 Re: Legislation of Open Burning The Fire and Police Departments respond to a number of complaints for illegal burning in the City each year. This year the Fire Department alone has responded to over 80 complaints for open burning. The City does not have a permitted process for open burning, which includes fires used to remove vegetation like the prairie grass at the Nature Center. By establishing a permit process, the Fire Department has the ability to review plans for open burning in accordance with the DNR rules and establish safe operating guidelines for open burning. The City does not have legislative authority for enforcing the rules for recreational fires established by the Fire Department and in addition, the State code amendments have made the State Fire Code less restrictive on recreational fires and open burning. I am proposing the attached legislation be added to City Code, Chapter 108, Fire Prevention. By adding this legislation, the City will establish a permitted process for open burning that works with the DNR permit process in the metro area, define the rules for open burning which includes rules for recreational fires, and provide legislative authority for enforcing the open burning rules. Attachment 108.11 OPEN BURNING 1. Open Burning Prohibited. Except as otherwise permitted by this section, all open burning is prohibited in the City of Fridley. 2. Definitions. For the purposes of this section the following definitions shall apply: A. "Open Fire" or "Open Burning" means a fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed firebox, structure or vehicle, and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct or chimney. B. "Person" includes any natural person acting either personally or in any representative capacity, a corporation, a firm, a co-partnership, or an association of any nature or kind. C. "Starter Fuels" mean dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution must be used to start an open fire. D. "Wood" means dry, clean fuel only such as twigs, branches, limbs, commercially made logs for heating, charcoal, cord wood or untreated dimensional lumber. "Wood" does not include wood that is green, leaves or needles, rotten, wet, oil soaked or treated with painted, glue or preservatives. Clean pallets may be used for recreational fires when cut into three foot lengths. E. "Recreational Fire" means a fire set for cooking, warming or ceremonial purposes which is not more than three feet in diameter by 3 feet high, and has had the ground five feet from the base of the fire cleared of all combustible material. F. "Burning Permit" is a permit issued by the City Fire Chief or designee authorizing fires exempted from the general provisions hereof and setting conditions therefore. G. "Burner" means a firebox, barrel or similar container used for an outdoor fire, but not including grills or barbecues used principally for the cooking of food, or out door fireplaces. H. "Outdoor Fire Place" means a manufactured freestanding fire pit approved and listed by a nationally recognized agency such as ETI or UL for the purpose of recreational fires that is enclosed with spark arresting screening and is used per the manufacturer's instructions. 3. Exemptions. The following types of open burning shall be exempt from the prohibition of Section 108.11 1.: A. Recreational fires subject to the conditions of Section 108.11 12. B. Fires purposely set under the supervision of the City Fire Department for the instruction and training of fire fighting personnel. C. Fires for which a burning permit has been obtained. 4. Burning Permit. Except for permits issued by the Minnesota Department of Natural Resources for fire training and permanent burn sites, the City Fire Chief or designee may issue a burning permit for any of the following: A. Fires set for the elimination of a fire hazard which cannot be abated by any other practical means. B. Fires purposely set for forest and game management purposes when no other alternative methods are practical. C. The burning of trees, brush, grass and other vegetable matter in the clearing of land, the maintenance of street, roadway, highway or railroad right-of-way and in accepted agricultural land management practices where chipping, composting, landscaping or other alternative methods are not practical. D. The disposal of diseased trees generated on site or diseased or infected nursery stock. E. Ground thawing for utility repair and construction. 5. Prohibited Materials. A. No permit may be issued for the open burning of oils, petro fuels, rubber, plastics, chemically treated materials or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted or glued wood, composite shingles, tar paper, insulation, composition board, sheetrock, wiring paint or paint filters. B. No permit shall be issued for the open burning of hazardous waste or salvage operations, solid waste generated from an industrial or manufacturing process or from a service or commercial establishment, or building material generated from demolition of commercial or industrial structures, or discarded material resulting from the handling, processing, storage, preparation, serving or consumption of food. 6. Procedure for Permit Issuance. A. Application for a burning permit shall be submitted to the City Fire Marshal on a form prescribed by the City. B. The Fire Marshal, or designee, shall review the application to insure compliance with the provisions of this section and any applicable State laws and/or regulations. C. The Fire Marshal, or designee, may inspect the proposed burn site on such occasions and at such time as is deemed necessary to adequately review the application. Submission of the application shall constitute authorization for the Fire Marshal, or designee, to enter the premises for this purpose. D. Within five business days, excluding Saturdays, Sundays and legal holidays, after receipt of the application the Fire Marshal, or designee, shall either grant or deny the application. 7. Denial of Permit. A. Application for a burning permit may be denied for any one of the following reasons: 1. The proposed fire or burn site does not meet the requirements of this section. 2. The Fire Marshal, or designee, determines that there is a practical alternative method of disposal of the material. 3. The Fire Marshal, or designee, determines that the fire would result in a pollution or nuisance condition. 4. The Fire Marshal, or designee, determines that the burn cannot be safely conducted and no plan has been submitted to adequately address the safety concerns. 5. The location of the burning shall not be within 600 feet of an occupied residence other than those located on the property on which the burning is conducted. 6. The denial of any application shall be in writing and shall state the reasons for the denial. C. Any person aggrieved by the denial of a burning permit may appeal that decision to the City Council by submitting a written request or appeal to the Fire Chief s office within ten days after the date of the denial. Fire Chief s office shall submit the appeal request to the City Manager for placement on the next available agenda. 8. Responsibilities of Permit Holder. The holder of any permit shall be responsible for the following: A. Have a valid permit in possession at the burn site at all times during the burn. B. Prior to starting burn, confirming that no burning ban or air quality alert is in effect. C. Compliance with Minnesota's Clean Air Act (M.S. §§ 144.411 to 144.417). D. Constant attendance by the permit holder or competent representative during a burn event. E. Availability at the burn site of appropriate communication and fire suppression equipment as required by the permit or any fire safety plan approved by the City as part of the permit process. F. Not allowing the fire to smolder. G. Being sure that the fire is completely extinguished before the permit holder or representative leaves the site. H. All costs incurred as a result of the burn including, but not limited to, fire suppression, administrative fees, property damage and personal injuries. 9. Revocation of Permit. An officer of the Minnesota Department of Natural Resources, the City Fire Marshal, or designee may revoke any burning permit for appropriate reasons including, but not limited to: A. A fire hazard exists or develops during the course of the burn. B. Pollution or nuisance conditions develop during the course of the burn. C. The fire smolders with no flame present. D. Any of the conditions of the permit are violated during the course of the burn. 10. Burning Ban or Air Quality Alert. No recreational fire or open burn will be permitted when the City or the Minnesota Department of Natural Resources has officially declared a burning ban due to potential hazardous fire conditions or when Minnesota Pollution Control Agency has declared an air quality alert. 11. Use of Burners Prohibited. No person shall use a burner within the City. 12. Recreational Burning. Recreational fires shall comply with the following requirements: A. Burning shall occur between 9:00 AM and 12:00 midnight during any day of the week. B. The fire shall not exceed three feet in diameter and a flame height of approximately three feet. C. Only clean wood or charcoal may be burned. No burning of trash, leaves or brush is allowed. D. The fire is ignited with an approved starter fuel. E. The fire is constantly attended by an adult person knowledgeable in the use of fire extinguishing equipment and an adult attendant supervises the fire until the fire has been totally extinguished. F. Fire-extinguishing equipment, such as buckets, shovels or garden hoses, are readily available. G. Fire is not conducted within twenty-five feet of a structure or combustible materials. This distance may be reduced to within 15 feet of a structure or combustible materials when contained in an outdoor fireplace or container approved by the Fire Marshal. H. Any conditions that could cause a fire to spread to within twenty-five feet of a structure shall be removed or eliminated prior to ignition. I. Recreational fires are not permitted on windy days when smoke may create a nuisance. J. Outdoor barbecue pits shall be constructed of concrete or approved noncombustible materials and shall not be located within fifteen feet of combustible walls, roofs or other combustible material. (14) Severability. If any sections, subsection, sentence, clause or phrase of this code section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the code section. 108.12 VIOLATION PENALTIES. A person who violates a provision of this code shall be guilty of a misdemeanor.