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05/06/1991 - 5100� cinor FRIOLEY FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Monday, May 6, 1991 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME tCLEARLY) ADDRESS ` ��% �� ����-� �, (3vpD� �bppy c�vee..n ►' o S V, �,�, p�� ri I i, :� , � +- �� ,< <, �+ lo ' Fr; ��e VF ��7 3(�S � � L D v� !� �C �` l�( �� l� 37 1�. ��� rj t�S'T /`lr� . !` c 1� v L�✓ . , , •� . Zzo �� . � � , r < < � � � � � (�� �. _ , _ �: � ITEM NUMBER � w _ � � i anroF �l r_._. , . FRIDLEI( i� FRIDLEY CITY COUNCIL ''?LEDGE OF ALLEGIANCE: 4 PRESENTATION OF AWARD: MAY 6, 1991 Barbara Hughes for Service on the Cable Television Advisory Commission PRESENTATION OF PROCLAMATIONS: Older Americans Month May, 1990 Veterans' Buddy Poppy Day May 17, 1991 APPROVAL OF MINIITE$: Board of Review Meeting of April 22, 1991 City Council Meeting of April 22, 1991 ADOPTION OF AGENDA: OPEN FORIIM, VI$ITORS: (Consideration of items not on agenda - 15 minutesj FRIDLEY CiTY COUNCIL MEETING OF MAY 2, 1991 page 2 OLD BUSINESB: Receive Bids and Award Contract £or Street Improvement Project No. ST. 1991 - 10 (Sealcoat) (Tabled 4/22/91) . . . . . . . . . . . . . . . . . . . 1 - 1C NEW BIISINESS: First Reading of an Ordinance � Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning" by Amending Sections 205.03.01, 205.03.23, 205.03.25, 205.03.26, by Creating a New Section 205.07.01.B.(4)(f), and Recodifying Chapter 220 of the Fridley City Code, Entitled "Residential Rental Property and Condominium Common ' Area Maintenance" by Amending Section 220.13 . . . . . . . . . . . . . . . . . . . . 2 - 2J Receive the Minutes of the Planning Commission Meeting of April 24, 1991: . . . . . . . . . 3 - 3Y A. Special Use Permit, SP #91-06, by Yoava Klucsar, per Section 205.07.O1.C.(1) of the Fridley City Code, to Allow Accessory Buildings, Other than the First Accessory Building, Over 240 Square Feet, on Lot 30, Block 2, Irvington Addition, and Lot 14, Except the South 390 Feet, Auditor's Subdivision No. 22, Generally Located at 1420 Rice Creek Road N.E . ...................... 3 - 3B ...................... 3K - 3U FRIDLEY CITY COUNCIL MEETING*OF MAY �, 1991 Paqe 3 NEW BOSINESS (CONTINUED): Receive the Minutes of the Planning Commission Meeting of April 24, 1991 (Continued): B. Set Public Hearing for May 20, 1991, to Amend Chapter 205 of the Fridley City Code, Entitled "Zoning," by Amending Section 205.04, "General Provisions," for Above Ground Fuel Storage Tanks ............ 3B - 3I ............ 3V - 3Y Rescind Resolution No. 36-1991, and Approve Resolution Approving a Subdivision, Lot Split, L.S. #91-02, to Split Lots 1-5, Auditor's Subdivision No. 153 into Two Separate Parcels, Parcel A and Parcel B, Generally Located at 5201 - 5275 Central Avenue N . E . . . . . . . . . . . . . . . . . . 4 - 4 D Approve Two-Year Curbside Recycling Contract Between the City of Fridley.and Super Cycle, Inc. . . . . . . . . . . . . . . . . . . 5 - 5S Set Public Hearing for June 3, 199Z, to Amend Section 2.05 of the Fridley City Charter . . . . . . . . . . . . . . . . . . . . . 6 - 6G FRIDLEY CITY COIINCIL MEETING�OF MAY 8, 1991 Paqe 4 NEA BOSINESS (CONTINIIED)s Receive Bids and Award Contract for the Electronic Automated Fuel Dispensing System, Equipment Control/Repair Part Inventory System, and Computer Hardware . . . . . . . . . . . . . 7 - 7I Resolution Authorizing the Posting of "No Parking" Signs on 73rd Avenue (M.S.A.S. 307) Between University Avenue and Able Street . . . . . . . . . . . 8 - 8B Resolution Authorizing the Posting of "No Parking" Signs on West Moore Lake Drive) M.S.A.S. 302) Between 250 Feet West of T.H. 65 and T.H. 65 ......... 9- 9A Resolution Ordering Improvement, Approval of Plans, and ordering Advertisement for Bids: Springbrook Nature Center Landscaping Project 1991 . . . . . . . . . . . . . . . 10 - lOC Informal Status Reports . . . . . . . . . . . . . . . . 11 � i i NEW BUBINE88 (CONTINOED): Claims . . . . . . . . . . . . . . . . . . . . . . . . 12 Licenses . . . . . . . . . . . . . . . . . . . . . . . 13 - 13D Estimates . . . . . . . . . . . . . . . . . . . . . . . 14 Request by Fridley United Methodist Church to Waive the Sign Permit Fee for the Bloodmobile ADJOIIRN: • Older Americans Month May 1991 William J. Nee Mayor Fridley. MN Z�E�,��,5, one of tFce most dramatic cFcanges occurring in our nation and in our city is tFie aging o, f our population; and `����.�',S, the increasing numderof 0lder�mer�cans playan important role in every aspect of our famil'ies, our comrnunity, our society, an�f our nation; and �IN3C21�,2�1,S, every segment of our society is influenced d y the r�eeds, resources, and expertYSe of our older citi.zens; ancf `���,�5, older citizens play a major rof� in the preservation and transmission of .�rirl�e� s hi,story tknvugFi witnessing ma.ny innovations inc�u�f'ing tFie 6om6, tFie jet, t�i.e microchip, and t(u; exp�oration of t�ie moon; an�t �f��,��1S, olderpeopCe playapivota�ro�e informa�andinformaleducation, skaring years of accumulaterf experience and wisdom wht.ch wil.�impact on �rid(.�y s future; �07N, 7'�f��,��o�,�, I`YVi(.�'uim �. �ee, �►�fayor of tFie Cit�J of �ridley do Fiered y proctaim tfie montFi of �I�[ay,1991 to de Older Americans Month in �ruf�ey, �t�tinnesota and cull upon a��ruf�ey residents to recognize tFie importance of strenBt�iening bonds detween af�ages to create a 6rzght vision for the f cture. I� ryVl7J1��SS `yVJ�2�,�0� I%iave set my Fianc�an�f causecf the sec�of t�e �ity of }"rirfley to de af�erf tFii.s 6tfc da� of J�fay 1991. William J. Nee, Mayor � � I � � ( Veterans' Buddy Poppy Day May 17,1991 William J. Nee Mayor Fridley. MN ��2�.�IS, 2�ie annualsale of Bu�d'y Poppies dy the 7�eterans vf �oreign 7Nars of the �Z.InitedStates has deen officiat�y recognizedandendorsedd ygovernmentalleaders since 1922; and Z��,�,�I',S, v�ryV Buddy Poppies are assem6led 6y d't.sad�ect veterans, and tFce proceecfs of this worthy fun�f-raisircg campaign ar�e used exclusively for the d enefit of drsadlQd arcd needr� veterans, and tfce wutows aruf orpFians of deceaserl veterans; and `���,�5, 2�'ie dasic purpose of tFie annua�sale of Burldy Poppies dy tFce tieterans of �oreign �iNars is eloquentty r�eflectert in t�ie desire to 3Conor t,�e 2�ead 6r� �fe�ping tFie Living; �O`Yt; 7�f`E�,��O�,�, B2 I�I'1�,�SOL�ED tFie I, �Nill'lam �. �ee, J�fayor of tFce City of �"rirfley fieredy proclaim �fay 17,1991 as Veterans' Buddy Poppy_ Day �tnd urge tFie citizens of �"ruf�ey to recogni.ze the merits of this cause dy contriduting generousG� to its suppor� d y purcFiasing Budify Poppies on the daa� set aside f'or tFie d�stridution of t�ese st�md o�s of appreciation for tFce sacrifice.s of our Fi.onorert dead. I urge allpatriotic citizens to wear a Burtdy Poppy as mute evirfence of ourgratitucte to the men and women of this country wFio have ris�d their �ives in defense of the freedc�ms which we continue tv enjor� us �lmerican citi.zens. I�7NIZ'.1��'.SS`YI�[��,�0.� 1 Fiavesetmy�iandatul caused the seal of the City of �rir!!ey to de a�ed thi,s 6th rfa� of J�la�,1991. WII,LIAM J. NEE, MAYOR THE MINIITES OF THE CONTINLTED BOARD OF REVIEW MEETING OF APRIL 22, 1991 The continued meeting of the Board of Review was called to order at 7:34 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: Mayor Nee, Schneider, Councilman None Councilwoman Jorgenson, Councilman Councilman Fitzpatrick and Billings MOTION by Councilman Fitzpatrick to reopen the Board of Review meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated it was requested at the meeting on April 8, 1991 that the Assessor's Office review several items and these will be considered this evening. BRUCE AND SHELDYN HIMLE. 1588 WOODSIDE COURT: Mr. Madsen, City Assessor, stated he received a letter from Mr. Himle that he would be unable to attend the meeting this evening due to family medical problems. Mr. Madsen stated that the average selling price per square foot is $94.79, and the average lot value is $25,500. He stated that this home would have a market value of $89, 000 plus $25, 500 for the lot or a total of $114,500. He stated that the ratio for split level homes is 95.2 percent and, if this same ratio is used on this home, the value would be $109,000. He stated that his office has established a value of $103,200 and recommended this value be reaffirmed. Mr. Madsen stated it was indicated to Mr. Himle that because he would not be able to attend this meeting, he could certainly continue his appeal to the county. Councilman Schneider stated it was pointed out in Mr. Himle's letter that the house was on the market for nearly a year. Mr. Madsen stated there are very good comparable sales in that neighborhood which have sold for considerably more per square foot than this property. He stated that this seems to indicate there must have been some other factor or factors involved in this sale. CONTINIIED BOARD OF REVIEW MEETING OF APRIL 22, 1991 PAGE 2 Mr. Madsen stated that the home was originally sold in 1975 for $46,500 and resold in 1976 for $56,000. He stated that the 1975 sale probably did not reflect a completed value as there may have been work to be finished on the home. He stated that first value the City placed on the home was in January, 1976. He stated that until this recent sale, there had not been any other sales since 1976. Councilman Schne'ider stated that his concern was the amount of time the home was on the market. He stated that one realtor stated the value is $105,000 and another states it is $89,000. He stated that Mr. Himle's letter raises some questions in his mind regarding the value. MOTION by Councilman Schneider to reduce the estimated market value on this property at 1588 Woodside Court to $96,000. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings asked Mr. Madsen if it should be specified whether the adjustment should be on the value of the land or the dwelling. Mr. Madsen stated that as a matter of practice, unless staff's recommendation is otherwise, the adjustment is made on the dwelling. ROGER AND DEBORAH HARMON 5498 WEST DANUBE ROAD: Mr. Madsen, City Assessor, stated that his office did not have any additional information regarding this property. Councilman Schneider stated that according to Mr. Harmon the key issue is because his home is large, and there are few buyers for such a home. Mr. Madsen stated that there were six similar properties which were used for comparison to Mr. Harmon's home. He stated that Mr. Harmon's home was the largest; however, the property at 1425 North Innsbruck Drive is quite similar but about 100 square feet smaller. He stated that Mr. Harmon's home has over 3,000 square feet of finished space. Mr. Harmon stated that when his home was on the market there were a lot of comparable properties for sale; however, no one purchased this home. He stated that the home does not have a full bath on the main floor and, even though it is unique, he did not think it merited the value placed on the home. Councilman Schneider asked how long this home was on the market before Mr. Harmon purchased it. Mr. Harmon stated that the home had been for sale for a year prior to his offer. CONTINIIED BOARD OF REVIEW MEETING OF APRIL 22, 1991 PAGE 3 MOTION by Councilman Schneider to establish the estimated market value for this property at 5498 West Danube Road at $142,900. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. YOAVA KLUCSAR, 1420 RICE CREEK ROAD: Mr. Madsen, City Assessor, stated that Mr. Klucsar stated he would not be attending this meeting and realizes if he is not satisfied with the Board's action, he can protest to the County. Mr. Madsen stated staff's recommendation on this property is to reduce the value from $77,800 to $73,500. MOTION by Councilman Schneider to concur with the recommendation of the Assessor's Office and reduce the estimated market value to $73,500 for the property at 1420 Rice Creek Road. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LOIS WHITE, 7736 ALDEN WAY: Mr. Madsen, City Assessor, stated that Ms. White does not agree with the value placed on her property and the recommendation to reduce the value to $123,900. He stated that she hoped to have an appraisal, but this has not been submitted. He stated that Ms. White realizes she can further appeal to the county. MOTION by Councilman Fitzpatrick to reduced the estimated market value of the property at 7736 Alden Way to $123,900. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to close the meeting of the Board of Review. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the Board of Review Meeting of April 22, 1991 adjourned at 7:58 p.m. Respectfully submitted, Carole Haddad William J. Nee Recording Secretary Mayor Approved: TH$ MINIITES OF THE REGULAR MEETING OF THE FRIDLEY CITY COONCIL OF APRIL 22, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:58 p.m. by Mayor Nee after the Board of Review meeting. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick. MEMBERS ABSENT: None APPROVAL OF MINUTES: BOARD OF REVIEW MEETING. APRIL 8, 1991: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING, APRIL 8, 1991:; MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Frederick Rochelle, 5435 W. Brenner Pass, stated that he is on the Council's agenda under Item 16 and wanted to let it be known to all that he requested to be under the Open Forum item. He stated that he had every television station and both newspapers coming out here, and he believed a move was made, because the Council knew that the television people would not stay around, to put him on the agenda later. Councilman Billings stated the Council has a policy that no action can be taken unless an item is an actual agenda item. He stated that he requested the City Manager to make this an official agenda item and that this is the first he knew he was doing something to thwart any publicity stunt. He stated the allegation that this was done to specifically preclude all the television stations from being here is totally unjustified. He stated that this was done without malice and with the intent of it becoming an agenda item. FRIDLEY CITY COIINCIL M�ETING OF APRIL 22, 1991 PAGE 2 Mr. Rochelle stated that two weeks ago because of a certain situation, there was something that precluded him from coming that evening. He stated that he specifically stated he wanted to be on the agenda under Open Forum so the newspaper representatives could be there. Councilman Schneider asked if Mr. Rochelle was aware there was a Board of Review Meeting prior to the;regular Council meeting and that there are a�lot of people present. He stated that he knew Mr. Rochelle's item would involve a lengthy discussion, and that it is not fair to others who have agenda items to sit through this discussion under the Open Forum portion of the agenda. PUBLIC HEARINGS• 1. PUBLIC HEARING TO AMEND CHAPTER 205 OF THE FRIDLEY CITY CODE, ENTITLED "ZONING " BY AMENDING SECTIONS 205.03 "DEFINITIONS " AND SECTION 205.07 "R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS"• MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:06 p.m. Ms. Dacy, Community Development Director, stated that this public hearing is the culmination of several months of research on this topic. She stated that the intent of the ordinance is to provide a set of standards and a process to permit an accessory apartment to be created within a single family home so that it would not adversely affect the character of the single family district. Ms. Dacy stated that the existing ordinance does permit, as an accessory use, the rental of guest rooms, but there cannot be a separate kitchen. She stated that the ordinance also restricts the occupancy to no more than two people�per unit. Ms. Dacy stated that the definition of family, as provided in the ordinance, are those individuals related by blood or marriage. She stated that if they are unrelated, the occupancy must be below five. She stated that a license is required to rent out a single family home. Ms. Dacy stated that there was concern regarding a number of violations occurring in the single family district where homes were being converted into illegal duplexes. She stated that the intent of the amendment is to prevent this type of rental unit which may lead to the creation of nuisances from multiple families on one lot. FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 PAG$ 3 Ms. Dacy stated that there are individuals in the community who rent part of their home to a family member. She stated that the Planning Commission was aware of the impact, and that they requested staff to address these issues, and to draft an ordinance to prevent the erosion of single family districts. Ms. Dacy stated that the Commission's recommendation is an ordinance amendment which would allow the creation of an apartment as an accessory use. She stated that twelve standards have been recommended for the accessory use. She stated that the Commission did not want to discourage persons to create living areas for related individuals; however, if an individual is not related a license would be required. Ms. Dacy stated that the proposed ordinance amendment does contain an amortization process on non-conforming units. She stated that the owner has three years to meet these standards. Councilman Schneider asked if the license distinction between relatives and those that are not related is defensible. Mr. Herrick, City Attorney, stated it'is his opinion that this can be defended. � Councilman Billings stated that as he understands the proposed ordinance, he could construct within his dwelling an accessory apartment, and as long as he did not:rent it out to anyone either related or unrelated he would not have to advise the City other than obtaining the necessary building permits. Ms. Dacy stated that was correct. Cauncilman Billings stated that if he had an accessory apartment in his home and had to move from the City for a number of years and chose to rent out his home, as he reads the code, the simple presence of an accessory apartment would preclude him from renting his home to a single family. Ms. Dacy stated that she felt the intent is to rent out the entire single family home as opposed to just the accessory apartment. Councilman Billings stated that would be the intent under Section B.(4)(f}(2) which states the dwelling must be owner occupied except for temporary absences. Mr. Herrick stated the intent of that provision would be that a renter of the entire dwelling could not rent out the accessory apartment. He stated that the language under this section relates to and is a condition on which an accessory apartment could be rented. He stated that if the language is not clear this can be changed. He stated that what was intended was if an accessory apartment was to be rented the main dwelling has to be occupied by the owner. FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 PAGE 4 Councilman Billings stated that Section B.(4j(f)(2j outlines standards for accessory apartments, and one of the standards states that the owner must reside in the primary unit. Mr. Herrick stated that he is not sure he agrees with that conclusion but felt the language could be changed to make it more clear. Councilman Bi2lings felt that the language, as it is now written, allows him as the homeowner to relocate and rent his home to a single family as long as he rents the entire home. Mr. Herrick stated that the person who rents the home could not rent the accessory use to another individual. Councilman Billings asked if the definition of a single family has changed. Ms. Dacy stated that the proposed ordinance does not address the definition of a family. Councilman Billings asked if he as a homeowner were to be absent, could he rent to a family consisting of a married couple and also rent to a married couple with a chiZd. Ms. Dacy stated that if these occupants use the entire home as opposed to one family in one part and the other family occupying the accessory part this would be permitted. Councilman Billings stated that he is not critical of the proposed amendment, but a vast majority of the existing situations that are causing complaints might still be e�ligible to exist under this language. He stated that the other interpretation might create a situation where it would be impossible for a person who has an accessory apartment to leave the City�because he could not rent out his home during his absence. Mr. Herrick stated that the definitioh of single family where five or more unrelated persons are included in the definition was adopted not from choice but because' of court opinions that you cannot iimit the definition of single family to only married couples and chiZdren. Councilman Schneider stated that the intent is not to limit family members from living in their own households. He stated that the problem he has seen is the situation where the R-1 zoning integrity is being chaZlenged. He stated that a single family home is being used as an R-2 use by renting out a basement apartment for the sake of helping with finances. He stated that, to some extent, the ordinance would allow this to continue but with licensing there is some control in the event complaints would arise. FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 PAGE Mr. and Mrs. Tom Olin, 541 - 53-1/2 Avenue, stated that their home is rented to two separate families. Ms. Olin stated that they have made improvements and installed two separate furnaces. Ms. Dacy stated the intent of the ordinance is that the home would be occupied as a one family dwelling, and if the Olin's wanted to rent the accessory apartment they would have to live there in order to do it. She stated that after three years they could no longer rent the dwelling to two families. Mr. Robert Ledermann, 548 - 53-1/2 Avenue, stated he believed that five unrelated persons have access to this entire home at 541 - 53-1/2 Avenue. He felt that an R-1 district should be for single family homes only and that was the reason he moved to the area. He stated that if he had wanted to live in an R-2 area he would have moved to such a location. Mr. Ledermann asked if Mr. Olin could rent to five people. Ms. Dacy stated that this could be done provided all five persons have access to the entire home. Councilman Billings stated that he is not sure the language presented this evening will satisfy Mr. Ledermann's concerns. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:39 p.m. Ms. Dacy stated that staff would review the language to address the Council's concerns and bring this proposed ordinance amendment to the Council for a first reading at the May 6, 1991 meeting. 2. PUBLIC HEARING ON REGISTERED LAND SURVEY, P.S. #91-02, BY STEVEN BRUNS FOR MIDWEST SUPER STOP, TO REPLAT PROPERTY GENERALLY LOCATED AT 8100 EAST RIVER ROAD N.E.: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:40 p.m. Ms. Dacy, Community Development Director, stated that this property is located in the southwest corner of Fairmont Street and East River Road and is zoned C-1. She stated that the Council approved a lot split in 1987 and when the petitioner attempted to record the legal description at the County, they requested a registered land survey to clarify the legal descriptions. FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 PAGE 6 Ms. Dacy stated that this proposed registered land survey will create four parcels; Tracts A, B, C and D. She stated that Tracts A and B are for the gas station, Tract C should be conveyed to the property owner to the west, and Tract D should be dedicated to the County as right-of-way for East River Road. She stated that the Planning Commission recommended approval of this registered land survey with six stipulations, most of which_were repeats from the lot split. No persons in the audience spoke regarding this proposed registered land survey. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:44 p.m. OLD BUSINESS• � 3. RESOLUTION NO. 36-1991 APPROVING A SUBDIVISION LOT SPLIT L S #91-02 TO SPLIT LOTS 1-5 AUDITOR'S SUBDIVISION NO 153 INTO TWO SEPARATE PARCELS PARCEL A AND PARCEL B GENERALLY LOCATED AT 5201-5275 CENTRAL AVENUE N.E. (TABLED 4,�8f91)• Councilman Billings stated that there has been considerable discussion between the proposed purchaser of this south lot, Milestone Hotel Investments, and the neighborhood residents. He stated that as recently as this afternoon, Milestone representatives have indicated they would propose to the neighborhood that a neighborhood advisory committee be established to meet quarterly with the motel management to discuss neighborhood problems. He asked if the residents would comment on this suggestion. Ms. Judy Engebretson, 5216 Taylor Street, stated that she just learned about this suggestion this evening. She stated that she hates to be so negative but felt this route was taken before when the motel was constructed. She stated that the idea is great but questioned if this would only be a sounding board for the residents to vent their frustrations. She stated that she has reservations if this would be a workable situatiort. Ms. Engebretson stated that she and another neighbor discussed the possibility of an atrium type enclosure and to use the rear of the motel only in emergencies. She stated that this way everyone would have to use the front lobby and felt it would help eliminate some of the problems. Ms. Engebretson stated that she understands there is a problem if the City attaches a stipulation to the lot split that there would be no liquor license. She suggested that perhaps a timeframe could be attached to the lot in regard to the liquor license in order to FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 PAGE 7 provide time for Milestone to prove that they have control over the problems the residents have been experiencing. She stated that she is against the lot split if the residents cannot have guarantees of controlling the situation. Councilman Schneider stated that what Milestone is telling the Council is that they believe they can better manage the motel. Councilwoman Jorgenson felt that perhaps it may be helpful to install video cameras and speakers so that the motel' s property can be monitored. Councilman Billings stated that although Milestone has not indicated they would take the City to court if the lot split is tied to the liquor license the City Attorney has indicated he would have a difficult time defending such a lawsuit. He stated that he felt the idea of an advisory committee was good and if Milestone does not control the problems this would be an issue if they applied for a liquor license. Mr. Herrick, City Attorney, stated the only items he felt that should be tied to the lot split are those related to the lot such as shared parking, driveways, etc. He stated that the liquor license is an entirely different question. He stated that if the Council wants to take the position that a liquor license should not be issued until Milestone has operated the motel for a certain period of time this could be considered if and when an application is submitted for a liquor license. Mr. Gudmundson, representing Milestone Hotel Investments, stated that he thought enclosing the hallways was a good suggestion but there is a problem with the heating and air conditioning systems, and they would be venting into the hallways. He stated the other consideration is that travelers and manufacturers� representatives carry their samples and like those accommodations for easy access from their car to their room. He stated that this is a benefit in the motel business. Mr. Gudmundson stated that they want the opportunity to prove their ability to operate a good motel. He'stated that they are willing to step forward, be responsible citizens, and to operate in a manner which makes everyone proud. He stated that they will attempt to solve the neighborhood problems in an orderly fashion. Councilman Billings asked if there are any plans to sell the motel in a short period of time. Mr. Gudmundson stated that in the 25 years they have been in business they have only sold one motel. He stated that their plans are long term, and they hope they can be an asset to this community for several years. FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 PAGE 8 Councilman Billings asked if Milestone would be willing to go on record that they do not intend to apply for a liquor license within the first year. Mr. Gudmundson answered in the affirmative. Councilwoman Jorgenson asked if Milestone would be willing to install some additional security items such as a video camera in the rear of the motel. Mr. Gudmundson felt that this was a good idea and certainly would check into it. Mr. Gudmundson stated the problem is that there are three homes in close proximity to a commercial property. He felt there is more that can be done, and the advisory committee would provide a means for discussing these issues. Councilman Billings asked Mr. Gudmundson if he would be opposed to installing a wooden fence if the residents made such a suggestion. Mr. Gudmundson stated that it is something they have suggested and would be appropriate to discuss with the advisory committee. He felt that, given the opportunity, Milestone would be able to convince the residents that they are responsible motel operators. Mayor Nee stated that he had an opportunity to talk to a person who has watched this motel operation for several years. He stated that he agreed there were disturbances as a result of the failure of the motel and restaurant operator to police some of the parties. Mr. Steve Kantorowicz, 5200 Taylor Street, felt that the Council is opening the door for other problems by approving the lot split. He stated that the person who owns the shopping mall may want to split off the office space. He stated that he is against the lot split. Mr. Kantorowicz stated that he has lived at this address for 22 years, there has been everything in that mall, and nothing has succeeded. He stated that the mall is a"dead horse" and did not feel approving the lot split would solve the problem. Mayor Nee stated that if nothing is done the situation will get worse. He stated that Milestone is proposing to invest $400,000 to make it better. He stated that these persons are experienced motel operators and felt they could improve the situation. Mayor Nee stated that there are all kinds of problems which brought about this situation in regard to how the capital was raised, and the motel operators were not experienced. He stated that it is the question of taking a chance with Milestone who wishes to improve the property as opposed to leaving it as it now exists. FRIDLEY CITY COIINCIL MEETINQ OF APRIL 22. 1991 PAGE 9 Mr. Kantorowicz stated that hospitality rooms mean conventions, and these people attending the conventions go wild in the parking lots. Mayor Nee stated that the Milestone management will absolutely have to have control over these situations. He stated that he felt the problem would not occur in a well-operated motel. Mr. Kantorowicz stated that he felt if someone wants the motel they should purchase a11 the property. He stated that there was not enough parking when the motel was constructed. Councilman Billings stated that Milestone wants to operate the motel but asked Mr. Kantorowicz if he p�eferred to leave the operation as it now exists. � Mr. Kantorowicz suggested that the City should take it over. He stated that the hill was suppose to be maintained and it has not been. Ms. Golden, Chairperson for the Fridley Chamber of Commerce, stated that they meet monthly at the Skywood Inn and have seen the deterioration. She stated that they would like a new owner and felt it would be better for Fridley. She stated that there is no reason why the motel should not be successful. Mr. Bill Leavey, 1240 - 52nd Avenue, asked if the motel could be closed if there are police problems and convictions at the motel. Mayor Nee stated that the owners could be prosecuted under the public nuisance laws. He stated that if the motel had a liquor license there are a number of laws governing the operation. Mr. Leavey stated that he would like to see an atrium on the south and east sides of the motel. He stated that this way management would be aware if there was a problem outside the motel. He stated that he did not feel it would be that �ostly to construct an atrium and accommodate the heating ducts. Councilman Billings asked if there are stipulations from prior variances which should be included in the stipulations for the lot split. Ms. Dacy stated that there was a variance for the signs approved on February 25, 1985 and reguirements under building permit, No. 17757 issued October 9, 1984. MOTION by Councilman Billings to adopt Resolution No. 36-1991, with the stipulations attached as Exhibit A. Seconded by Councilman 5chneider. MOTION by Councilman Billings to amend the stipulations in Exhibit A by adding the following two stipulations: (6) No FRIDLEY CITY COIINCIL MEETIN� OF APRIL 22. 1991 PAGE 10 additional free-standing signage may be added to the site beyond the amount of signage that was originally approved in the 1985 variance request. Wa1Z signs may be permitted if in compliance with the sign ordinance; and (7) Any stipulations and requirements of building permit No. 17757 dated October 9, 1984 and the sign variance dated February 25, 1985 shall inure to both lots, if it is applicable. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Councilman Billings stated that his primary reason for approving the lot split is due to the legal opinion that basically states it appears a responsible developer wishes to purchase this motel and as long as they meet the requirements of the codes and ordinances the City does not have a reason not to approve the lot split. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Cauncilman Billings stated that he would like to encourage the residents of the neighborhood and the motel owner to meet to address the concerns to satisfy the neighborhood. He stated that he would also like to encourage the owner to review the atrium issue to determine if something can be done in that area. 4. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MARCH 12, 1991• A. VARIANCE RE4UEST, VAR #91-04, BY MILESTONE HOTEL INVESTMENTS, INC., TO REDUCE THE SIDE YARD SETBACK FROM 15 FEET TO 0 FEET FOR PROPOSED LOTS 1 AND 2, BLOCK l. SKYWOOD MALL ADDZTION, TO ALLOW A ZERO LOT LINE IN A COMMERCIAL DISTRICT. GENERALLY IACATED AT 5201 - 5275 CENTRAL AVENUE N.E. (TABLED 4/8J91): MOTION by Councilman Billings to grant Variance Request, VAR #91-04 to reduce the side yard setback from 15 feet to 0 feet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF MARCH 27, 1991• • A. SPECIAL USE PERMIT� SP #90-18, BY HUMBERTO MARTINEZ, PER SECTION 205.18.03.0 L4) OF THE FRIDLEY CITY CODE, TO ALLOW THE LOT COVERAGE TO BE INCREASED FROM 40 PERCENT MAXIMUM TO 44 PERCENT MAXIMUM ON LOTS 1 THROUGH 5 BLOCK 6 ONAWAY ADDITION GENERALLY LOCATED AT 7786 BEECH STREET N.E. (TABLED 4J8f91): Ms. Dacy, Community Development Director, stated that the special use permit is requested in order to increase the maximum lot coverage from 40 to 44 percent to allow a 1,440 square foot addition. She stated staff recommended that this request be denied FRIDLEY CITY COIINCIL MEETING OF APRIL 22. 1991 PAGE il because if the building were to be re-occupied for a manufacturing use, the site would not accommodate additional parking. She stated that there was also concern regarding the drainage, but the site could accommodate a small ponding area toward the rear. Ms. Dacy stated that the Planning Commission recommended approval oi this special use permit with the contingency that the additional expansion area cquld only be used for warehouse space. She stated that this would minimize the impact if the building were to be re- occupied by a more intensive manufacturing use. She stated that the Planning Commission also stipulated that the petitioner sign a restrictive covenant limiting the use of the addition to the warehouse. Mr. Martinez, the petitioner, stated that he needed space to store raw materials and finished products. He stated that he does not have a problem with the stipulation recommended by the Planning Commission. Mr. Martinez stated that in his business he designs and manufactures service controls for the food processing industry. He stated that he employs six persons. MOTION by Council�man Billings to grant Special Use Permit, SP #90-18, with the stipulation that the petitioner shall sign a restrictive covenant limiting the use of the addition to warehouse space. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MARCH 26, 1991: A. VARIANCE, VAR #90-31, BY HUMBERTO MARTINEZ. TO REDUCE THE LOT AREA FROM 1-1,L2 ACRES (65.340 S4UARE FEET) TO 1L3 ACRE (14,320 S4UARE FEET); TO REDUCE THE REQUIRED LOT WIDTH FROM 150 FEET TO 88 FEET: TO REDUCE THE SIDE YARD SETBACK FROM 20 FEET TO 8 FEET: TO REDUCE THE SIDE YARD SETBACK ON A CORNER LOT FROM 35 FEET TO 8 FEET; TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 8 FEET• TO REDUCE THE PARKING SETBACK FROM 20 FEET TO 8 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOTS 1-5 BLOCK 6 ONAWAY ADDITION THE SAME BEING 7786 BEECH STREET N.E. LTABLED 4,[.8/91) : Ms. Dacy, Community Development Director, stated that five of the variances are to correct existing conditions, and the variance to reduce the side yard setback is due to the addition proposed on this property. She stated the Appeals Commission recommended approval of all six variances, with the exception that the side yard setback be reduced from 20 to 2�feet, rather than from 20 to 0 feet. FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 PAGE 12 MOTION by Councilman Billings to grant the six variances covered under Variance Request, VAR #90-31, as recommended by the Appeals Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 37-1991 APPROVING REGISTERED LAND SURVEY. P.S. #91-02• MOTION by Councilman Fitzpatrick to adopt Resolution No. 37-1991, with the six stipulations attached as Exhibit A. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVAL OF THE CLOSTNG OF SPRINGBROOK TRAIL PROJECT NO. 732 AND REALLOCATING THE REMAINING FUNDS TO THE RIVERVIEW HEIGHTS ACQUISITION PROJECT FUND: Ms. Dacy, Community Development Director, stated that the County has notified the City that the 1987 Springbrook Trail Project Na. 732 must be closed out and remaining funds reallocated to another project. She stated that the purpose of this project was to hire unemployed persons from the County Job Training Program to clean up and remove debris from the 1986 tornado at Springbrook Nature Center. Ms. Dacy stated that it is staff's recommendation that these funds be reallocated to the Riverview Heights Acquisition Project Fund. MOTION by Councilman Fitzpatrick to approve the reallocating of the remaining Springbrook Trail Project Funds to the Riverview Heights Acquisition Project Fund. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated that there are several people in the audience who are waiting for their items to be considered and felt that perhaps, if there was no objections, the Council could consider those items at this time. ' 15. RESOLUTION NO. 41-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE KNIGHTS OF COLUMBUS• MOTION by Councilman Billings to adopt Resolution No. 41-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. FRIDLEY CITY COIINCIL MEETING OF APRIL 22. 1991 PAGE 13 16. CONSIDERATION OF BUILDING INSPECTION ISSUE RAISED BY FREDERICK ROCHELLE• Mr. Rochelle stated that his problem started in 1979 when the fireplaces in his dwelling unit were built. He stated that the inspector, Darrel Clark, signed off indicating his chimney was up to code. He stated Mr. Clark signed oif on the framing and went on to explain th�s definition under the Uniform Building Code. Councilwoman Jorgenson asked if he was quoting from the current building code or the code in effect in 1979. Mr. Rochelle stated that it is the current code and it was in effect in 1979. Mr. Rochelle stated that on some of the chimneys which Mr. Clark had signed off, they did not have any fire stops; however, his chimney had one stop. He stated that when the inspector was called to inspect his chimney Mr. Wiley, the inspector, told his contractor to add two additional stops. He stated that in questioning why this was necessary he was told by Mr. Wiley that it was code and there had to be one stop for every floor. Mr. Rochelle stated that his neighbor, Larry Spitz, and Mr. Wiley called Mr. Clark (at his cabin) and confirmed that three fire stops were required. He stated the question was brought up that Mr. Clark signed off on all the rest of the chimneys. He stated that at this time, Mr. Clark told them to leave it at one and close it up. Mr. Rochelle stated that his contractor decided to make sure and called Mr. Clark (at his cabin) and asked if he was sure it was all right to leave it as one stop and close it up to which Mr. Clark replied in the affirmative. Mr. Rochelle stated that he was advised by his contractor what was happening, and he advised the contractor that this was going to court. He stated that his contractor responded that he was not going to close it up because the judge will say the contractor should know what should be done as well as the inspector. Mr. Rochelle stated that his contractor went to City Hall to talk to Mr. Clark, and Mr. Clark stated three stops were required. Mr. Rochelle stated that he then came to City Hall to talk with Mr. Clark, Mr. Wiley, and Mr. Hunt. He stated that Mr. Wiley stated there was a gray area, and people can interpret the code different ways. Mr. Rochelle stated that he asked Mr. Clark, before he had contacted the State of Minnesota, if he thought only one fire stop was required to which he had replied in the affirmative. FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 PAGE 14 Mr. Rochelle stated that Mr. Brooks from the State told him three fire stops were required and that it was black and white. Councilman Schneider stated that even if a mistake was made he asked Mr. Rochelle if he was implying it was intentional. Mr. Rochelle answered in the negative. Mr. Rochelle stated that if Mr. Clark had done his job in 1979, he would not be here this evening. He stated that he has heard from Mr. Hunt, Mr. Burns, and Mr. Clark that the City has only two inspectors and cannot stand out there and watch every stop that is installed, that they have to trust the contractors. He stated that if the City trusts the contractors then the inspectors are not needed. Mr. Rochelle stated that he felt because Mr. Clark signed off, the City should pay for the chimneys to be fixed. He stated that before a building contractor closes�anything he must notify the City inspector. Mayor Nee asked Mr. Rochelle if he was seeking damages from the City. Mr. Rochelle stated that he is requesting that the residents be paid to have their chimneys fixed. He stated that he is asking the City to pay for the ones that have been fixed and need to be repaired again and for the other five remaining to be corrected. He felt that someone should inspect the fireplaces in the Vienna Townhomes and the other buildings. Mr. Rochelle stated that he would like an independent board to look at criminal wrongdoing by Mr. Clark and the City. Councilman Schneider asked Mr. Rochelle what he was implying. Mr. Rochelle stated that he was asking for a board to determine if there was any criminal wrongdoing or neglect. Mr. Larry Spitz, 5423 W. Brenner Pass, stated that the fireplaces have been a concern of his for well over a year. He stated that he was told by the Townhouse Association that a unit was going to be painted, that there was an obvious hole in the fireplace, and they were going to paint over it. He stated that he became concerned and found out that there is a missing piece of wood on the roofs. He stated that they were trying to figure out how the missing piece of wood was related to the rotting fireplaces. He felt that someone should address the problem with these fireplaces. Mr. Spitz stated that the fire stop issue has just recently surfaced. Councilman Schneider felt that the issue Mr. Spitz raised is between the homeowners and the Townhouse Association. FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 PAGE 15 Mr. Herrick, City Attorney, asked if Mr. Farr was contacted regarding these problems. Mr. Spitz stated that he has not been contacted. He stated that he talked to Danny Farr, and he looked at it but nothing has been done. Mr. Rochelle stated that every attorney states the statute of limitations has run out on these properties. Mr. Herrick stated that whether the statute of limitations has run out may be a fact question. He asked when the buildings were constructed. Mr. Spitz stated that they were constructed in 1977 and 1978. He stated that someone has to listen, and this is the reason he is here this evening. He stated that he served on the Townhouse Association Board until several weeks ago and resigned because of the fireplace issue. Mr. Spitz stated one insurance company that insured the outside of the buildings stated they were dropping the insurance because of a fire hazard due to the fireplaces. He stated that he went to the Association and was told that it is not their problem. Ms. Jeanne Lager, 5427 W. Brenner Pass, stated that she bought her townhome in 1987. She stated that she has replaced her chimney and did not consider it a fire hazard as, from the time they were constructed, water kept coming down through them and did not know how a fire could even get started with it being so wet. She stated that when the chimneys were inspected in 1979 it should have been noticed that they did not function as chimneys. Ms. Lager stated that the construction was lousy and it should have been noted. She stated that her chimney was replaced with one fire stop, and she would like clarification whether she is in compliance with the code. Councilwoman Jorgenson asked if she spoke to the contractor who replaced her chimney and if he felt the work was to code. She stated that she would like clarification, in writing, if her fireplace meets code. Ms. Lager answered in the affirmative and stated that she hired this contractor specifically because he had done so many, and he was a chimney expert. Ms. Dacy, Community Development Director, stated that she wished to clarify the purpose of the draft stop. She stated that it is to slow the progress of a fire up the chimney chase, but it will not prevent a fire per se. She stated that it should be noted the units were constructed with materials between the chimney chase itself and building. Ms. Dacy stated that perhaps the architect FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 PAGE 16 that drew the plans thought the chimney chase was separated by appropriate fire walls. Ms. Dacy stated that at this point, the best interpretation is that there should be a draft stop for every occurrence where the chase passes a floor or ceiling. She stated that in conversations with the State Building Code Division this is an interpretation issue, and there could be a legitimate argument for one draft stop. She stated that at this point, the fourteen existing chimneys meet the intent of the code, and there was no intention to require the owners to install the additional stops. She stated that as far as the persons with the other five units, the interpretation is that wherever there is a floor or ceiling level there would be a draft stop. Mr. Darrel Clark, Chief Building Official, stated that the fire stops have not been an issue in the past. He stated that he and Ms. Dacy looked at the site and talked to Mr. Rocheile and Mr. Spitz. Mr. Clark stated that Mr. Spitz had indeed inquired as to fire stops last year. He called City Hall, was referred to someone in the Fire Department, and that person told him the interpretation was that only one fire stop was required. He stated that this is probably why only one fire stop was installed. Mr. Clark stated that his office did make two inspections and has records on all fifteen fireplaces. He stated that there are fifteen permits to fix the chimney chases, and the original reason for fixing them was due to the appearance. He stated that his personal discussion with the contractor was that fire stops would be needed in all the chases and flashing that would prevent moisture problems. Mr. Clark stated that on the first framing inspection there were no stops in the chases at that time.: He stated that he was sure he mentioned to the contractor that h�s main purpose to inspect at this time was to make sure all rotted framing had been replaced and to tell him he had to put in fire stops. He stated that on the final inspection you cannot see inside the chimney at all. Mr. Clark stated that in 1979 he did make the framing, insulation, and final inspections on Mr. Rochelle's unit. He stated that at the time of the insulation inspection, he cannot recall if the fireplaces were in the building. He stated that it is not uncommon in the metropolitan area that separate chase inspections are not done. He stated that as far as a fire hazard, the fire hazard is not necessarily the chase and the fire stops, but it is the fireplace and the chimney. He stated that a lot of insurance companies will not insure homes with fireplaces especially those with Class "A" metal chimneys. FRIDLEY CITY COIINCIL MEETING OF APRIL 22, I991 PAGE 17 Mr. Clark stated in conversations he had with Mr. Brooks that the subject of ordering corrections to be done did not come up. It was Mr. Brooks' opinion that each floor/ceiling or ceiling the chase passed by should have a fire stop. The consensus of the other inspection contact was the same. Most agree, however, that since the chimney chase is outside the livable space of the home and has no floor or ceilings in it someone could argue that no fire stop is required. Mr. Clark stated he agreed that the most strict and safest interpretation is that a fire stop should be installed at each floor/ceiling or ceiling that it passes by. Councilman Schneider asked when an inspector signs off on the inspection, does he guarantee that the home is built to every possible item in the code? Mr. Clark stated that if this was done, someone would have to be on site at all times. He stated it is not uncommon that a fire stop could be missed, just as a missing two by four may go unnoticed. Councilwoman Jorgenson stated that she had done some remodeling and did not proceed until they were sure the inspection could be done. She stated that she knows contractors do not always stop at a certain point where the inspector can make their inspection but takes the work farther. She stated that she does not know if this was the case in this instance or not. She stated that from her own experience she has found that Mr. Clark has been very thorough in his inspections. Councilman Schneider stated that he suspects there are a lot of gray areas and asked Mr. Clark if :he makes any judgments and records them. Mr. Clark stated that he does not try to make judgments on c�zality regarding how the construction will look when it is completed. He stated that he tries to insure the code is met, as best he can, for the amount of time he has to spend ori the job. Mr. Herrick asked how long it has been known that there was a problem with rotting, as far as the fireplaces are concerned. Mr. Spitz stated in Ju2y, 2989 when the Association was going to paint over the holes was the first time he became aware of it. He stated that in 1988 Dick Larson was called regarding carpenter ants. Mr. Herrick stated his concern was that the Townhouse Association let this happen without making any contact with the builder of this project. He stated that the person primarily responsible for this is the builder, and he has not heard where anyone contacted Mr. Farr. FRIDLEY CITY COIINCIL MEETING OF APRIL 22. 1991 PAGE 18 Mr. Rochelle stated that is because the statute of limitations ran out. Mr. Herrick stated that is probably because the Townhouse Association was not doing anything about the problem. He stated that he would like to do some research as to whether the statute of 1 imitations has run out because he is not sure that is true . He stated that it seems if the things were rotting since the day they were built someone should have done something about it long before now. MOTION by Councilman Schneider to close discussion on this item in ten minutes. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that as he understands it Mr. Rochelle is proposing that the City accept the responsibility to rebuild the fireplaces. Mr. Herrick stated that he felt more facts and written statements were needed from the State building inspector. He felt that questions should be put in writing and the answers received in writing. He stated that this preserves the record and has the affect of making certain the question is definite and the answer is definite. Mr. Herrick stated that as far as the legal aspect, the general rule is the City building inspector and the City are not guarantors of the building that is being constructed and, with certain exceptions, the City and building inspector are not liable for errors that might have been made. He stated that all the facts are needed and then case laws have to be reviewed. He stated that he would prepare a memo on the question of the City's liability. He stated there is no question in his mind that the primary person that should have been liable is the builder. He stated that if there was a separate contractor, that person also should have been liable. He stated that there is a question of liability on the part of the architect, and they all have the responsibility to construct according to code. Mr. Herrick stated that after he has had the oppartunity to review this matter further he would submit a report and would advise Council regarding the legal responsibility. He stated that if the City has some legal liability than the claim should be turned over to the City's insurance company. Mr. Rochelle asked when a City inspector signs off that the work is completed and has been inspected, does he physically have to see that the work has been done. FRIDLEY CITY COIINCIL MEETING OF APRIL 22. 1991 PAGE 19 Mr. Herrick stated that what the inspector has to do is examine the structure to the best that he can observe and determine whether it meets code or not. Councilman Schneider asked the cost to add two fire stops. Mr. Rochelle stated the stops cost $150 each. Mayor Nee stated that a report will be forthcoming from City staff regarding this issue. 9. APPROVAL OF 1991-1992 CONTRACT WITH THE TWIN CITY AREA URBAN CORPS• MOTION by Councilman Billings to approve the 1991-1992 contract with the Twin City Area Urban Corps. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE BIDS AND AWARD CONTRACT FOR 0.5 MG WATER TANK PAINTING/ALTITUDE VALVE AND VAULT INSTALLATION PROJECT NO. 212• AND � MOTION TO AMEND THE 1991 CAPITAL IMPROVEMENT PROGRAM TO INCREASE THE 0.5 MG WATER TANK PAINTINGJALTITUDE VALVE AND VAULT INSTALLATION PROJECT NO. 212 BY $166,670.00: Mr. Flora, Public Works Director, stated that the original tank was constructed in 1962. The tank was inspected and an estimate for the repair and painting of this tank was $160,000 in 1989. He stated that in preparing plans for the 1.5 MG elevated tank, it was determined to delay construction of the altitude valve pit and incorporate it into the 0.5 MG tank repair and filter plant piping system. He stated that the estimated cost for the pit and valve construction was $80,000.00 and was added to the 0.5 MG tank project. Mr. Flora stated that due to environmental concerns with lead-based paint, the paint material on the tank was inspected and found to be lead based. He stated that the plans and specifications for repainting the tank require the paint to be removed completely and appropriate precautions taken because of its close proximity to the schools and athletic/recreational facilities. Mr. Flora stated that bids were opened for this project and four bids were received. FRIDLEY CITY COIINCIL MEETING OF APRIL 22. 1991 PAGE 20 MOTION by Councilman Fitzpatrick to receive the following bids for the 0.5 Water Tank Painting/Altitude Valve and Vault Installation Project No. 212: Contractor Rainbow, Inc. Odland Protective Coatings, Inc. JMG Contracting, Inc. Tenyer Coatings, Inc. Base Bid $376,667 $409,500 $417,000 $429,904 Hazardous Waste Disposal $30,000 $23,900 $83,000 $32,000 Seconded by Councilwoman Jargenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated that the low bidder was Rainbow, Inc. at $376,667.00. He stated that this bid included $180,667 for repair and repainting of the tank; $73,000 for shrouding to contain the sandblasted waste material, and $123,000 for construction of the altitude valve and pit. He stated that the bid is $136,667.00 over the original estimate. . � Mr. Flora stated if the sandblast material is found to be contaminated, there is an additional $30,000 cost to deal with disposal. Mr. Flora stated that a new tank of the same capacity is estimated at $400,000 and felt the repair costs are appropriate based upon the extended life that can be expected for the tank. Councilman Schneider stated that he has raised this issue before, and the point is that the City is paying a consultant to estimate these costs and they are not accurate. He stated that it is irritating that they are so much over the estimate. Mr. Flora stated that the original estimate in 1989 did not include the lead paint on the environmental issues and it is recommended that the bid be awarded to Rainbow, Inc. for $376,667.00 plus the $30,000 for the hazardous waste disposal. Councilwoman Jorgenson felt that it was necessary to remove the lead based paint to insure the safety of the school children. MOTION by Councilwoman Jorgenson to award the contract for Project No. 212 to the low bidder, Rainbow, Inc. for $376,667.00 plus $30,000 for hazardous waste disposal or a total of $406,667.00. Seconded by Councilman Fitzpatrick. Upan a voice vote, Councilwoman Jorgenson, Councilman Fitzpatrick, Councilman Billings FRIDLEY CITY COIINCIL MEETING OF APRIL 22. 1991 PAGE 21 and Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. MOTION by Councilman Fitzpatrick to amend the 1991 Capital Improvement Program to increase the 0.5 water tank painting/ altitude valve and vault installation project No. 212 by $166,670.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 1991 - 10 {SEALCOAT): MOTION by Councilman Billings to receive the bids for Street Improvement Project No. ST. 1991 - 10 (Sealcoat). Seconded by Councilwoman Jorgenson. Mr. Burns, City Manager, �stated that Astech Corp.'s bid was entirely out of line with the other bids, and he questioned if this may have been a typographical error. MOTION by Councilwoman Jorgenson to table this item for clarification on Astech's bid. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared�the motion carried unanimously. 12. RESOLUTION NO. 38-1991 REVOKING MUNICIPAL STATE AID STREET 1MSAS NO. 344): MOTION by Councilman Schneider to adopt Resolution No. 38-1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 39-1991 ESTABLISHING A MUNICIPAL STATE AID STREET• MOTION by Councilman Billings to adopt Resolution No. 39-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 40-1991 IN SUPPORT OF PARTICIPATING IN PLANNING FOR ALTERNATIVES FOR TRANSIT SERVICES IN THE CITY OF FRIDLEY: MOTION by Councilman Billings to adopt Resolution No. 40-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. This item was considered earlier in the meeting. 16. This item was considered earlier in the meeting. FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 17. INFORMAL STATUS REPORTS: There were no informal status reports. 18. CLAIMS• PAGE 22 MOTION by Councilman Billings to authorize payment of Claims No. 37107 through 37329. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. LICENSES• MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office, with the exception of George's Restaurant. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES - GEORGE'S RESTAURANT: MOTION by Councilman Fitzpatrick to approve the licenses for George's Restaurant as submitted and as on file in the License Clerk's Office, subject to a review in six months. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor nee declared the motion carried unanimously. 20. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted• Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of March, 1991. ...$9,552.00 Mark Traut Wells 151 - 72nd Avenue South St. Cloud, MN 56301 Repair and Maintenance of ' Well No. l, Project No. 215 Estimate No. 2 . . . . . . . . . . . . . . . $4,145.00 FRIDLEY CITY COIINCIL MEETING OF APRIL 22, 1991 Mark Traut Wells 151 - 72nd Avenue South St. Cloud, MN 56301 PAGE 23 Repair and Maintenance of Well No. 4, Project No. 215 Estimate No . 2 . . . . . . . . . . . . . . . $2 , 600 . 00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of Apri1 22, 1991 adjourned at 11:50 p.m. Respectfully submitted, Carole Haddad Secretary to the City�Council� Approved: William J. Nee Mayor Engineering Sewer Water Parks Streets Maintenance MEMORANDUM ��. TO: William W. Burns, City Manager �,' PW91-123 FROM: John G. Flora,�Public Works Director DATE: April 24, 1991 SUBJECT: Street Improvement Project No. ST. 1991 - 10 (Sealcoat) Contract At the April 22, 1991, Council meeting the documentation for receiving bids and awarding the Street Improvement Project No. ST. 1991 - 10 (Sealcoat) had a numerical error in the Alternate Bid for Astech Corp. As a result of the confusion, the Council tabled that item. The Alternate Bid for the emulsion additive for Astech Corp. is $15,092.32. The figure provided at the April 22 meeting was a total amount for the sealcoating operations. The attached bid tabulation identifies the bids received and the additional amount for the Latex additive for the sealcoating operation. Recommend the City Council award the Street Improvement Project No. ST. 1991 - 10 (Sealcoat) contract to Allied Blacktop for $95,732.62. JGF/ts Attachments I i • �: � �,1 � 1 Engineering Sewer Water Parks Streets Maintenance MEMORANDUM �' TO: William W. Burns, City Manager �:�� PW91-112 FROM: John G. Flora,��lic Works Director Mark A. Winson, sst. Public Works Director �.7'j�✓Jon Thompson, Construction Inspector DATE: April 18, 1991 SIIBJECT: City Council Award of Street Improvement Project No. ST. 1991 - 10 (Sealcoat) On April 10, 1991, we opened bids on Street Improvement Project No. ST. 1991 - 10 (Sealcoat}. Four (4) potential bidders received the plans and specifications and three (3) bids were received. The low bidder was A11ied Blacktop with a total bid of $95,732.62, including Alternate A. Alternate A specified a latex additive which bonds the chips to the emulsion oil faster and more firmly. Recommend that the City Council award the Street Improvement Project No. ST. 1991 - 10 (Sealcoat) to Allied Blacktop for $95,732.62. JGF/MAW/JT/ts Attachment 1A ' C.(iYOF FW DLEY City of Fridtey State of Minnesota a .�� �am �,�1599/�ea��oat Pt�,pg.,�f •,.�i 2 �.,1991 Ove�layPro9ram - g East River Road Phase II ivanman Circle to Glen Cteek Road) yi._.. � vv� �. _' _ g East River Road Median Upgrade 7 : 73rd.Avenue WideNng � .. , 8�'„ Highway 65/53rd Avenue Widening (lnstalting ot brick medians, etc.) BUDGET 1991 � 80.000 a6�41,000 BID PROPOSALS FOR STREET IMPROVEMENT PROJECT NO. ST. 1991 - 10 (SEALCOAT) WEDNESDAY, APRIL 10, 1991� 11:00 A.M. BID TOTAL COMPANY BOND BID ALTERNATE A Allied Blacktop 10503 - 89th Ave., N. Maple Grove, MN 55369 Astech Corp. P.O. Box 1025 St. Cloud, MN 55407 Bituminous Roadways 2825 Cedar Ave., S. Minneapolis, MN 55407 Bituminous Paving, Inc. P.O. Box 6 Ortonville, MN 56278 5� 5� 5� E►[��:��i�7 1c $ 84,413.38 �$ 11,319.24 $ 86,686.21 �$ 15,092.32 $ 88,291.64 �$ 20,299.17 � � � Community Development Department PL�vlvnvG DrviSION City of Fridley DATE : May � 1, 19 91 � 1/� . P TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Amendment to the Zoning Ordinance to Permit Accessory Apartments At the public hearing on April 22, 1991, the City Council considered testimony regarding the above referenced ordinance amendment. During the discussion, Councilman Billings requested clarification on Secti.on 205.07.1.B.(4)(f)(2) regarding what is permitted in the case of an absentee owner. The City Attorney and I have reviewed the ordinance and have inserted the followi�g sentence in this section: "An absentee owner may rent a one family dwelling containing an accessory unit, but both units must be occupied by a single family." It is also my understanding that Councilman Fitzpatrick has requested informatian regarding how other communities regulate mother-in-law/accessory apartments. The City of White Bear Lake and the City of Minnetonka are the only two communities that we were able to find which permitted mother-in-law/accessory apartments. Both of these communities permit them by a special use permit, whereas the proposed ordinance is proposing to regulate these units by a license. In both the Minnetonka and White Bear Lake case, unrelated individuals could occupy the unit. Their ordinances do not distinguish between rel.ated or unrelated individuals. Plannin Commission Recommendation The Planning Commission unanimously recommended approval of the proposed ordinance ordinance reflects changes requested x hearing. amendment with minor changes. The enclosed those changes. The ordinance also reflects the y the City Council at the April 22, 1991 public Staff Recommendation Staff recommends that the City Council approve the ordinance for first reading as presented. BD/dn M-91-313 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTElt 205� ENTITLED ��ZONING�� BY AMENDING SECTIONS 205.03.01, 205.03.23, 205.03.25, 205.03.26, BY CREATING A NEW SECTION 205.07.O1.B.(4)(fj, AND RECODIFYING CHAPTER 220 OF THE FRIDLEY CITY CODE, ENTITLED �'RESIDENTIAL RENTAL PROPERTY AND CONDOMINIUM COMMON AREA MAINTENANCE�' BY AMENDING SECTION 220.13 The Council of the City of Fridley does ordain as follows: Section 205.03. DEFINITIONS 205.03.01 Accessory Apartment. A dwellina unit that is contained within the structure of a one family dwelling and clearly subordinate to the pr�ncipal use of the structure as a one family dwelling. 205.03.23 Dwelling, Multiple. A building or portion thereof designed for occupancy by two (2) or more families living independently of each other.—in separate dwell incl units . 205.03.25 Dwelling, Two-Family. A building designed exclusively for occupancy by two (2) families living independent of each other.—and containing two (2) dwellinq units. 205.03.26 Dwelling Unit. �--53.-�E�' 6�t��-G9iit�-�-E�C'--i�i�E�eii�"nt l i�ri r�' f'1(-il 1--7 � l PC- fF►x / , , , . ne or more rooms connected together, but which are seuarated from any other dwellinq unit in the same building, which rooms constitute a separate independent unit with cooking and bathroom facilities and areas for living and sleepinq and used for residential purposes 205.07. R-1 ONE FAMILY DWELLING DISTRICT REGULATIONS 1. USE5 PERMITTED A. Principal Uses. B. Accessory Uses. (4) The following are accessory uses in R-1 Districts: �� Ordinance No. Page 2 � Accessory apartments subject to the followina standards• � Accessory apartments shall be located in one family dwellings only; � The one family dwellinq must be owner occupied with the owner residing in either the primary or accessory unit. An absentee owner may rent a one familv dwellinq containinq an accessory unit, but both units must be occu�ied by a single family. There shall be no separate ownershi� of the accessory apartment; � No more than one accessory aAartment per one familv dwelling is permitted; � The accessory aAartment must comply with applicable building, fire, electrical. plumbing, heating, and related codes of the City; � If a separate entrance is provided to the accessory apartment, it shall be located on the side or rear of the house; exterior stairwavs shall not be allowed unless required by the Uniform Fire Code; ,_(�, There shall be no substantial exterior architectural changes to the home such that the home apt�ears to be a two familv dwelling includincr, but not limited to, separate curb/drivewav entrances, separate entrances on the front of the one familv dwelling, separate water and sewer connections; ,u The floor area of the accessory apartment cannot equal or exceed the floor area of the primary livincr area of the dwellinct; �Z If the accessorv apartment is to be rented to an individual not related to the owner, the owner is required to obtain a license from the City as required in Section 220.13 of the City Code; � Adequate off-street parkinq shall be provided for both units with such parkinq to be in a garaqe, carport, or on a paved area; � Ordinance No. Page 3 10 There shall be no more than one (l� bedroom within the accessory apartment; 11 The maximum number of occupants of the accessory apartment shall not exceed two adults , and no more than three occupants . 12 Any accessory apartment within a one family dwelling that is in existence at the time of the adoption of this ordinance shall be deemed nonconforminct if it is not in compliance with the standards outlined above. The accessory apartment shall be brought into conformance or the dwellinct returned to a one family dwelling within three years of the date of the adoption of this ordinance. Section 220.13 LICENSING 220.13.01 Requirement. To allow for a systematic enforcement of this Chapter upon residential rental property, and condominiums, no person shall operate a residential rental property, and condominiums without first having obtained a license to do so from the City as hereinafter provided. In the case of rental of an accessorv apartment, licenses are required onlv if the apartment is to be rented to individuals unrelated bv blood or marriaae to the owner. License renewals shall be filed at least 30 days prior to the license expiration date. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: April 8, 1991 First Reading: Second Reading: Publication: 2 � , � SIIRVEY OF OTHER COMMUNITIES� ACCESSORY OR MOTHER-IN-LAW APARTMENT REGIII,ATIONS Citv Reaulations Brooklyn Park No more than two renters per dwelling as an accessory use. Columbia Heights Majority of the city is zoned R-2, Two Family Dwelling. Mother-in-law apartments are permitted in R-2 zone only. Coon Rapids Fridley Hopkins Minnetonka New Brighton Richfield Spring Lake Park St. Louis Park White Bear Lake Special use permit subject to specific standards. No more than two renters per single family dwelling. No more than two renters as an accessory use. "Accessory apartments" are conditional uses in R-1 districts. No more than two renters, but must share one permanent kitchen. If two kitchens are in place, one must be removed. Duplex permitted as special use permit in R-1 district. Special use permit required to rent a room. No more than two renters; must share kitchen and cooking facilities. Permits as conditional use permit for elderly persons and handicapped individuals only. 2D. /�/+�r /'1'v(Vn� r .0 .. - . - . . � � Zoning Ordinance Section 300.t6. Page 64 �►�G��r �`r-� ,1 � ( d) mass_tra.nsit facilities t) bus shelters subject to the following: a. b. screened from adjoining residential uses if required by the city; a concrete pad to be provided for the shelter and immadiately surrounding area; c. signs to conform to section 300.30, et seq. of the code of city ordinances unless determined by the city to be necessary for economic viability of shelter; � e. pavad bus standing area to be provided if detenmined by the cit9 to be necessary for safe and etPicieat traffic flow; and incorporation of architectural features compatible �+ith surrounding area if required by the city. 2) park and ride facilities a.nd inter-modal transfer points subject to the following: a. b. c. d. permitted only along collector or arterial roadways as identiiied in the comprehensive P1�� screened from adjoining residential uses if required by the city; all parking areas to be paved and maintained; an d site and building plan subject to revle4r pursuaat to section 300.2? of this ordinance. e) accessory apartments t) accessorp apartments shall be allowed for the Pollo�+ing purposes: a. more efficient utllization of the existing single family housing stock in the city; b. enj opment of the benefits of rental . income . decreased housekeeping responsibilities or the companionship of tena.nts by persons residing in houses which are too large for their present needs; c. provision of housing M►hich allo�+s privacy and independence for older family members; and d. preservation maintena.nce single family Zoning Ordinance Section 300.16. Page 65 of property values and of tha character of existing aeighborhoods. 2) for the purpose of this subdivision, the following definitioas shall apply: a. age - Age of the housa shall be determined by reference to the date of the issua.nce of the certiSicate ot occupancy or shall be fixed as six months after the date of the issuance of the building permit if no certificate of occupancy rras issued for the house; b. housekeeping unit - 1►11 persons residing . within a single family house whose relationship includes a substantial.amount of social interaction including the sharing of housekeeping res.�onsibilities or expenses or tha taking of ineals together; c. living space - The area within a house ahich is suitable for human habitation including suitable finished basement areas but excluding gara.ges, services areas and unfinished portions of tha building; d. owner - The person who holds fee title or is a bona fide purcha5er under a contract for deed of the property; e. unit of housing - One or more rooms designed, occupiad or inteaded for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities separate from those of another unit of housing and intended for tha exclusive use of a single housekeeping unit; and f. temporary absence - Establishing residence outside of the T�+in Cities metropolitan area for a period aot to exceed 12 months but during ahich period the sub�act properts continues to be the applicant's legal or principal resideace. 3) no accessor9 apartmeat shall be created or used except in conformity with the folloaing: a. to be created oaly on property zoned for single family detached daellings and no more _ than one apartment to be created in any dwelling: Zoning Ordinance Section 300.t6. Pa.ge 66 b. atructures in which an accassory apartment is created to ba owner-occupied, rrith the owner residing in eithar unit on a coatinuous basis eacept for temporary absences throughout the period during which the permit is valid; c. age of structure to be a minimum of two years as� of the date of the issua.nce of the conditional use permit; d. adequate off-street parking to be provided for both units of housing with such parking to be in a gara.ge. carport or on a paved area speciSically intended for that purpose but not within a required turnaround; e. m�y �be created by� the conversion of living space within the house but not by conversion of gara.ge space unless space is available for a t�+o car garage on the lot without the need for a �ariance; f. apartment to be clearl� subordinate in size to the main unit; g. exterior �hanges to the house to be kept to a minimum �and 'not substantially alter the single fa.mily character of the structure; h. no apartment to be created except in compliance with all applicabl�e building, housing, electrical, plumbing, heating and related codes of the city: i. to be permitted only where it is demonstrated that the accessorp unit �►ill not have-an undue adversa impact on adjacent properties and �rhere • there r+ill aot be a substantial alteration of the character of the neighborhood; and j. all other provisions ot this ordinance relating to single familp d�►elling units to be met, unless specifically amended by this aubdivision. f) licensed d�y care 2'acilities in common areas or in structures ahich are not also used for resldential purposes 1) located oaly in proximity to a collector or arterial road�+ay a.s designated in the comprehensive plan or otherwise located so that access can be prov�ded without conducting significa.at tratfic on local residential streets; a�nut�c� Ho. 88-9-no 0 t I �•' ATTACHMENT # 8 090, 9t� 4o aF Z�B CITY AN QZ'DINANG� A���10 38LTI�1 1�03.020, 81�. 4f AT�ID 1�03. • OF M�'�S �Z.l CAi� "E1Cl� AO[.8'48CBY APAR1f�T8 PCR�CR9�iAt�I �� A!�M 38[?t'I . 1� CI1Y O�ICIL� aF 'ti� CITY aP fil�i'B B'BAFt 1J11� D0�'.9 �IN: S�CTIaN I. 9ecticc�r 1303.020 � 9ubd.4f and 1�03.030 •��• ��=�e�d as fola+4:ci� � to ac�oeasot7 �Pai'taents are bereb' a�ended 3BCZ'IQ�1 1303. 020 9ubd. 4f . Hcse Aooessc='Y Apsrtaeats tar 9eniors/HardicaPFed. -�s specified in 3ectian 1302.125 3�L'I'Iatd 1303.030 3ubci 4c. Hame Aooessor7 Apdrtaents tor 3eaiors/HandicaPP'sd. - ss specified in 3ec.rtian 1302.125 S�CTION II. 3ection 1302 is �ereby emended as follvWS by tbe addi�ian of 3ecticn 1302 .125 �ahic� ahall be nemed "iiome Aocessor9 APa�'tme�lta For 3eniors/Hsr�dic�}�ped�� : 3�GTIatJ 1302.125 � AO(�390EtY APAR'1l�R5 P�2 3E�tIC�/FW�IGi�. g��, i, e, T�e gu�poee of this sectian is to p�ovide star�dards for the esteblisi�meat er�d use of baae a�ooessorY aP�'t��� for persa�s Whv are either over 55 years of a,�e or haridicepped� in aa�er-oa"uPied S�le familq hames located Frithin ar�y resideritial r.onin� district Where a sin�le fsmily hose ia a pe�itt,ed use. �bd. 2. Application. 3ubject to the nonooafoninQ use pa�ovisiais of �s �� ��1 h� �ess�y spartaent8 established after the effective dat.E of this oode (December 23, 1983) shall oamP1Y wit2� the pravisians af tbis Secti�. S�ubd. 3. Fr�x�a�:.�s s:�d P��`•,a. �.11 hc� s�s^�q a�*�t�ts zhall require e coc�ditia�nl use pe�it• wPPlicanta for s�� a penit stisll foll� the applicstion prooedta'es for s va�c�ditiane►1 use perait P�'o�ided in �tim 1301.050 of this oode• SuDd. 4. Rern�ir�ts. All ix�e aooessoiy aPai't�oe�r►ts shall oo�lY i+ith the folla+in� reQuij'e�ents: a. Aocessoi'9 sPsr�its shall be located in existin� sin�le femily ativctures anly; the aatier of the sinale tatily structure ahall resid�e in the pa�incipal stn�ct�se. 'Ifie a�oesso=7 aP�"��tof the =�ein en aooessoi9 s�entsl sp�rt�t � a�ned b� the ooc��pen principal atnrt�e. 'il�ere shall be no separate a+nership of the socessory rental apat"taent. . b, Only dcterior ooditicatians � Which in the Jud�m�it of City Cancil, dn rwt detract fras the single family c��at'acter ti f�i� �i°other ahall be pe�itted for an accessory apai-t�en prov applicnble require9ents of tbe City's �onin� ordin�we are �et. 2H -2- c. A sepnrate ext,erior entrssoe Lo the aooessoc"7 unit r►Y ��ired. Any acterior alterations or expensioa shnll be a«�ativcted of sinilar size� oolor. �rd type ot �eterials as the p�incipal sin�le fanily �it pcwided thst no �encloseci :�o�ps ar stei�7s are utilised to aooesa eitJ�er the p�i�r�rY or sooesr+or7 t�it and pcwided thst rat s�re thsn ane es�trar�oe fa�ee tbe sa�e cit,� street. d. Interior ar�d rxterior �odificatians to creste a i�srrier free �e�lin� �e�y be required after oasaideri.n� ooc+�psnt �obility. e, pocesaory apartaents ahall not exo�ed ei�ht hu�dred ei�hty (8801 square Peet or forty (40) pe=�oent of tbe habitable ares w►ithin the - si.nale family twoe� �ic,hever is less. 1. 'I4�e tnit shall hsve s floor arts of not less t.han t}ro hindred tWenty (220) equare feet. 2. 'I'tie �it ahall be provided i+ith a separate closet. 3. The �nit shall be prnvided With s kitc��en sink. 000kinS sppliartioe ard refriIIeretian facilities� esch havir� a ciear �aorkin� space of not less thari thirty (30) inches in front. 4. Aocessor'Y ape�rtments ahall confo� to the Mir�esota 3tate Buildin� Code re9uire�ents oor�oernina adequate liBht� ventil.atian, �ir►i.�m =�000 di�ensions ar�d sariit�+tion. 5. The �nit shall be p�rovided �rith a separate bath:�oom containinQ a�ter closet, levstory ar�d bethtub or shoWer. 6. 'Ihe unit si�►11 �eet all fire suppressian arri ala� e3'st,ems as stipulsted for a two (Zi faaily haee in the 1985 Buildin� Code ar�d e,d,opted by the City of White Bear I�Jce. f. No separate driv�y or c�ab cut shall be pexmitted for the eocessory apart�t init. Additioc�I parkin� �e►Y be required• �. Where �onditians or circ�sast.sr�oes �e�lce implementation of these atar,�.rds for a specific ax�esr�rY apart�nt i.�racticai, t� C=ty Cancil aey� after citin� the specific probl� tnique to the site or building, alter the oaditian of this sectian to allo�r establiahm�t of a specific aocessory spartse�t Lnit. 3uah a►lterations shall becooe pai-t of the Conditianal Uae P+e�it. h. L)gon reoeivinS e oonditiondl use pez'sit, the via�er(s) must file on sub,ject p�operty a certified oapy oP the oonditienal uee peimit With the Canty Recorder. Pt�oof of recordin� shall be supQlied to the City prior to any related alteraLioas or eocupanvy. '!be pe�it shall state tbet the ri�ht to rent s Lemporary a�ocessorY apartment oeases upoc� t,t�ar�sfer of title �nless reissued by the City Co��cil. i. 1�e aaner �rill obtain s certificste of ooc.�lpsncy far the conditional use orrce 8 year i.n the oonth of January for the duration of the use, presentin� � at the ti�oe of such r��e+iat , prvof in the fo�a of an affidavit that the circ.�ster�oes tor �d►ich the oanditianal use was Qrsnted have not char�ged. M administrstive fee, aa established by Cancil resolutian, shall be c�ar�ed at the time of each rEneNal. 2' 0 �� S�,'I'IQd III . 3ectior► 1301.030 � 9ubd ► 1� ("A" Def initicns ) is bereb9 �� res�d: AooesBOry Apertment: A sintle rentnl hvusin� init tor no so ��� ( Z j persoas, a�e of i+ha� ia at lee8t S5 �ears of a�e or hsr�dicspped by the Mirnesots 8tate 3tstutes. 'lbe �it is sa�bordis�e►te �o the pri�ipal sin�le faail7 d�ellin� �nit use� s+hich ar� only be established b7 Cac�ditianel Vae p�enit, and Whic� is subject to specific perfo��oe �tard�rds• �g,•T•Iq� y�. �$ ordine,r�oe ai�ll take effect and be in toroe follcWin� its Pa-gse�e ar�d publication. ... �: . � • -.. . -:. -. .• . � ���. �. :.�, ,� , . , � �'' - r : . ...��_- � _..,_, . .. . -.� 2J CITY OF FRIDLEY PLANNING COMMISSION MEETING, APRIL 24, 1991 ��������������������������������������������������»����»��������� CALL TO ORDER: Chairperson Betzold called the April 24, 1991, Planning Commission meeting to order.at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, Dean Saba, Sue Sherek, Diane Savage, Connie Modig, Brad Sielaff Members Absent: None Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Kevin Meeks, Planning Intern Dick Larson, Fire Marshall Yoava Klucsar, 1337 Hillcrest Drive Jim Determan, Determan Welding and Tank Serv. Rick Sutherland, Burlington Northern APPROVAL OF MARCH 27 1991 PLANNING COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Ms. Modig, to approve the March 27, 1991, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP �91-06, BY YOAVA KLUCSAR PER SECTION 205.07.01.C.(1) OF THE FRIDLEY CITY CODE TO ALLOW ACCESSORY BUILDINGS, OTHER__THAN THE FIRST ACCESSORY BUILDING OVER 240 SQUARE FEET. ON LOT 30 BLOCK 2 IRVINGTON ADDITION AND LOT 14, EXCEPT THE SOUTH 390 FEET AUDITOR'S SUBDIVISION NO. 22 GENERALLY LOCATED AT 1420 RICE CREEK ROAD N.E. MOTION by Mr. Kondrick, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M. 3 PLANNING COMMISSION MEETING, APRIL 24, 1991 PAGE 2 Ms. McPherson stated this property is located east of Central Avenue and south of Rice Creek Road. The property is zoned R-1, Single Family Dwelling, as are the properties surrounding it. The petitioner is requesting a special use permit to allow a second accessory building over 240 square feet. On April 2, 1991, the Appeals Commission approved a variance to increase the maximum square footage of accessory buildings from 1,400 �square feet to 1,932 square feet, with three stipulations: 1. 2. 3. One curb cut shall be maintained from Rice Creek Road. The petitioner shall provide a hard surface driveway by November 1, 1991. Special Use Permit, #91-06, shall be approved. Ms. McPherson stated that located on the property is a single family dwelling and an existing detached garage with a concrete slab for the second accessory building. In 1987, the petitioner applied for a building permit to construct an addition to the rear of the dwelling unit. At that time, the petitioner questioned whether or not he would be permitted to pour a concrete pad for a garage. He was told that a special use permit would be required and a variance would be necessary to meet code requirements. These requirements were indicated on the building permit in 1987. Ms. McPherson stated the property is slightly over one acre in size. The petitioner has located the garage in such a manner so that, if the petitioner decides to split the lot in the future, one garage would exist on one lot and the house and second garage would exist on the other lot. The proposed garage will not adversely impact adjoining property owners, as there is adequate separation between structures. The lot coverage is well within the 25% allowed by Code, Ms. McPherson stated the Engineering Department has requested that one curb cut be maintained and be shared between the two garages so that traffic interruptions are minimized on Rice Creek Road. If the property is to be subdivided in the future, there is a small right-of-way stub that would need to be vacated and the property platted. If the petitioner chooses to use the existing curb cut, a joint driveway easement would need to be executed at the time of platting. Ms. McPherson stated staff is recommending approval as the lot is large enough to accommodate the second accessory building, and the second accessory building will not adversely impact any adjacent property owners. 3A PLANNING COMMISSION MEETING. APRIL 24, 1991 PAGE 3 Mr. Klucsar stated he is trying to fix up the house and property. It is his intention to split the lot in the future and build a new house on the other lot. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:35 P.M. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of Special Use Permit, SP #91-06, by Yoava Klucsar, per Section 205.07.O1.C.(1) of the Fridley City Code to allow accessory buildings, other than the first accessory building, over 240 square feet, on Lot 30, Block 2, Irvington Addition, and Lot 14, except the south 390 feet, Auditor's Subdivision No. 22, generally located at 1420 Rice Creek Road N.E., with the following stipulations: l. One curb cut shall be maintained from Rice Creek Road. 2. The petitioner shall provide a hard surface driveway by November 1, 1991. 3. Special Use Permit, #91-06, shall be approved. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. Ms. McPherson stated this item will go to City Council on May 6, 1991. 2. PUBLIC HEARING: AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE ENTITLED_, "ZONING", BY AMENDING SECTIONS 205.04 "GENERAL PROVISIONS" AS FOLLOWS: 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE (AGFS) TANKS A. AGFS tanks are permitted accessory uses in commercial and industrial zoning districts. All AGFS tanks must meet reauirements established by the Uniform Fire Code (UFC) and the Minnesota Pollution Control Ag�ncy (MPCA) Permits from State Fire Marshall and MPCA must be obtained prior to application to the Fire Department for an installation permit. C] ] PLANNING COMMISSION MEETING, APRIL 24, 1991 PAGE 4 B. In commercial zoninq districts and for automotive service stations in the industrial districts. AGFS tanks shall to liauid petroleum (LP). C. Prior to installation, a permit from the City of Fridlev Fire Department shall be obtained D. All AGFS tanks shall be screened by a chain link fence with metal slats and shall be no taller than eight (8� feet in heiaht, with the exception of LP which does not require fencing. E. The Citv of Fridley may require installation af vehicle protection barricades for AGFS tanks dependinq on the tank's location on the uroperty MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:36 P.M. Ms. Dacy stated she has been working with Urban Corps Intern, Kevin Meeks, on this ordinance amendment. Mr. Meeks has done all the background research, contacting other communities, and working with her in developing the language. They have worked closely with the Fire Department, and Dick Larson from the Fire Department is at the meeting. Ms. Dacy stated Mr. Meeks has been working in the Community Development Department since January 1, 1991. He is a senior at the University of Minnesota majoring in Urban Studies. Mr. Meeks will be making the staff presentation on this ordinance amendment. Mr. Meeks stated research on above ground fuel storage tanks began when the Fire Department alerted the Community Development Department of a federal law that will require some underground fuel storage tanks to be replaced by the year 2000. Due to concerns of expense and replacement of underground tanks, staff thought this might generate interest in the use of above ground tanks. Staff is concerned about the aesthetic and safety impacts of above ground storage tanks. He stated staff has looked at existing tanks in the City. The Commissioners viewed a video tape of above ground storage tanks at Willamette, Totino Grace High School, LaMaur, and Dow Brand. � C LANNING COMMISSION MEETING. APRIL 24, 1991 PAGE 5 Mr. Meeks stated staff is proposing an amendment to City Ordinance Chapter 205 as follows: 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE (AGFS2 TANKS A. AGFS tanks are permitted accessory uses in commercial and industrial zoning districts. Al1 AGFS tanks must meet rec�uirements established by the Uniform Fire Code 1UFC) and the Minnesota Pollution Control Aaency (MPCA). Permits from State Fire Marshall and MPCA must be obtained prior to application to the Fire Department for an installation �ermit. B. In commercial zoning districts and for automotive service stations in the industrial districts AGFS tanks shall not exceed a 1 000 gallon capacity and/or six (6) feet in height and.[or diameter. Use of these tanks is limited to liauid petroleum (LP). Mr. Meeks stated there has been some discussion about including kerosene and diesel fuel. Mr. Meeks stated the reason AGFS tanks greater than a 1,000 gallon capacity are prohibited in commercial areas is due to safety and aesthetic reasons. The Fire Department believes it would not be safe to have AGFS tanks on small commercial sites, such as automotive service stations, because of the risk of accidents or vandalism that could cause the tanks to rupture. In addition, the Fire Department noted that there has never been an incident in the City of Fridley of an underground fuel storage tank exploding and recommends continued use of these types of tanks. Aesthetically, AGFS tanks larger than 1,000 gallon capacity or six feet in diameter and/or height would be an eye sore from the public right-of-way. C. Prior to installation, a permit from the City of Fridlev Fire Det�artment shall be obtained D. All AGFS tanks shall be screened bv a chain link fence with metal slats and shall be no taller than eiaht (8) feet in heictht, with the exceQtion of LP which does not reauire fencing. Mr. Meeks stated staff has not proposed vegetation screening, wood, or plastic fencing, as these are flammable materials and therefore recommend only metal chain link fencing with metal slats. �1�J PLANNING COMMISSION MEETING, APRIL 24, 1991 PAGE 6 E. The City of Fridley may require installation of vehicle protection barricades for AGFS tanks, depending on the tank's location on the property. Mr. Meeks stated the Planning Department has notified all commercial and industrial sites currently using AGFS tanks and have notified all Fridley automotive service stations of the proposed amendment. Mr. Meeks stated staff is recommending the Planning Commission approve the ordinance amendment as proposed. Ms. Dacy stated that since the notice was published, staff has been contacted by owners of existing tanks and some issues have come up that the Commission might want to discuss. Further, staff has received a complaint about the appearance of an above ground tank. Ms. Dacy stated the first issue is diesel and kerosene. They have been notified by at least two property owners who have small 250 gallon kerosene and diesel tanks. The owners asked if those would be applicable under paragraph B. The intent is to limit the size of tanks in commercial areas. However, the size of these tanks are controllable; and, at the present time, staff is taking the interpretation that these tanks would be grandfathered in. At this point, staff does not know if there is a great demand to have 250 gallon diesel and kerosene tanks on a consistent basis, and that might be another exception they could evaluate. Ms. Dacy stated the complaint about the appearance of a tank is the tank behind the Stylmark building on Main Street. Staff is recommending a paragraph F be added: "All above ground fuel storage tanks shall be maintained in a clean and well kept appearance.rr Ms. Dacy stated there is also the issue of signs. Property owners or commercial establishments may paint advertising on the exterior of these tanks. Staff is recommending a paragraph G that would state: "Advertising signage is not permitted on all above ground fuel storage tanks." Mr. Betzold asked if the Environmental Quality and Energy Commission would like to discuss any of these issues. Mr. Sielaff stated he would be more concerned about underground tanks. He asked how underground tanks are regulated. Mr. Dick Larson, Fire Marshall, stated that most of the older underground storage tanks are leaking and are a threat to the environment. By 1990, all underground storage tanks that do 3E PLANNING COMMISSION MEETING. APRIL 24, 1991 PAG$ 7 not contain a double wall corrosion protection will have to be removed. A permit has to be taken out to remove a tank, and he has to witness the removal of the tank. If he can smell any odors, then an environmentalist has to come out and test the soil. He must also be on the site for the installation of any tank. Mr. Saba stated that maybe the City should be taking some proactive action by requiring soil testing at the sites where below ground storage tanks are located. Mr. Larson stated that every owner of below ground storage tanks is required to keep a record of the total amount of leakage or shrinkage of the product. Once the leakage gets beyond a certain percentage, then it is getting too costly because too much of the product is being lost. Right now, 90� of the cleanup costs for contamination is paid by the Super Fund. Ms. Dacy stated the City also requires a monitoring weZl permit when engineering companies want to take soil tests or install a monitoring well to determine the extent of ground water contamination. Staff could provide the Commission with a list of stations that are under investigation at this time. Mr. Larson stated the issue is that because it is very costly to put below ground storage tanks back in the ground, there is the possibility of more property owners wanting to put the tanks above ground. The leaks can be monitored more closely. What they are trying to do is head off any problems before they develop. Mr. Jim Determan, Determan Welding and Tank Service, stated the laws were passed in 1989. By 1999, all tanks must be removed or replaced or monitored. He stated he did not believe the City is going to have a problem with above ground storage tanks. He stated land is too valuable and it is very expensive to install above ground storage tanks. The pollution is the same for tanks above ground or below ground. Mr. Larson stated insurance is also very expensive for underground storage tanks. He did not know about insurance for above ground storage tanks. Mr. Saba stated he would be concerned about any exceptions for above ground storage tanks, particularly in R-1, Single Family Dwelling, zoning, such as the Totino Grace tank. Ms. Dacy stated the above ground storage tank at Totino Grace is the only one in a residential area. The intent of the ordinance is that no other above ground storage tanks would 3F PLANNING COMMISSION MEETING, APRIL 24, 1991 PAGE 8 be allowed in R-1 zoning. Also, under this ordinance, if the tank is ever removed, it will not be allowed to be replaced. Mr. Sielaff stated he is very concerned about all the existing underground tanks around the state that are leaking that might not be taken care of until 1999 because of the lack of MPCA staff. Mr. Saba agreed. He would like to see some action taken that could i.dentify those sites (including abandoned stations) and somehow sample the tanks. Mr. Larson stated the City does not allow tanks of abandoned stations to be left in the ground. Those tanks have to be removed. Mr. Sielaff stated he has seen a lot of monitoring wells in different locations. Are those monitoring wells being reviewed? Mr. Larson stated they are not reviewed by the Fire Department; he believed the EPA is doing that. Ms. Dacy stated the City does not want to encourage above ground storage tanks for gas or other fuels or a substantial size that may cause a danger. The alternatives are amending paragraph B to allow diesel fuel and kerosene, under the assumption that if the tank is 1,000 gallons or less, the City can still protect itself. Mr. Larson stated the code does not address any tanks 265 gallons and below, so the existing diesel fuel and kerosene tanks would be exempted. He did not think they needed to define those in the ordinance amendment. Ms. Sherek stated she thought there should be a separate paragraph that states: "By definition, this ordinance does not apply to above ground fuel storage tanks of less than 265 gallons." Mr. Saba stated he did not want to hold this ordinance amendment up as far as above ground fuel storage tanks. However, he believed the Environmental Quality and Energy Commission would want to know what the existing conditions are for below ground fuel storage tanks in the City. Ms. Dacy stated that for the May Environmental Quality and Energy Commission, staff can obtain a Iist of stations that have either updated their tanks and/or have some type of testing in process. Using that list, they can determine what stations or properties are not listed. She believed that 950 �� � PLANNING COMMISSION MEETING, APRIL 24, 1991 PAGE 9 of the stations in the City are in some form of investigation of that process. Ms. Dacy stated that what the City can do above and beyond the EPA, they have a staff limitation and the training staff has had is limited in this area. Staff could research the issue about what gap does the federal or state not address, but she is concerned about enforceability. Mr. Rick Sutherland, Burlington Northern, stated Burlington Northern will be upgrading three below ground storage tanks this year. They are working with the EPA on that. They also have a very large above ground storage tank. Ms. Dacy stated Burlington Northern is in an industrial area, and the ordinance will allow industrial properties to continue the use of above ground storage tanks. Mr. Betzold stated if it was only the aesthetic issue for above ground storage tanks, he could live with it; but there are so many competing interests and environmental concerns. Mr. Sielaff stated he is in agreement with the ordinance amendment. There are also environmental concerns with the above ground storage tanks, and maybe they should see if there are any problems with existing above ground tanks in the City. What does the state and the EPA regulate that the City does not? Ms. Modig stated that if there is a gap between the EPA and the State, is there anything the City can do? Mr. Betzold agreed. He stated they should probably be delving into these issues a little more. Ms. Savage suggested staff see if there are any other studies or information on above ground versus below ground storage tanks that could be reviewed. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CL03ED AT 8:45 P.M. MOTION by Mr. Kondrick, seconded by Ms. Savage, to recommend to City Council approval of amending Chapter 205 of the Fridley City Code, entitled "Zoning" by amending Sections 205.04, "General Provisions" as follows: 3H PLANNING COMMISSION MEETING, APRIL 24, 1991 PAGE 10 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE (AGFS) TANKS A. AGFS tanks are permitted accessorv uses in commercial. and industrial zoning districts. All AGFS tanks must meet requirements established bv the Uniform Fire Code 1UFC) and the Minnesota Pollution Control Aqency (MPCAL Permits from State Fire Marshall and MPCA must be obtained prior to application to the Fire Department for an installation permit. B. In commercial zonina districts and for automotive service stations in the industrial districts, AGFS tanks shall not exceed a 1,000 gallon capacity and/or six (6) feet in heiaht and/or diameter. Use of these tanks is limited to liauid petroleum (LP�. C. By definition this ordinance does not apt�ly to AGFS tanks of less than 265 gallons. D. Prior to installation, a t�ermit from the City of Fridley Fire Department shall be obtained. E. All AGFS tanks shall be screened by a chain link fence with metal slats and shall be no taller than eiqht {8) feet in heictht, with the excebtion of LP which does not require fencing. F. The Citv of Fridley may require installation of vehicle protection barricades for AGFS tanks depending on the tank's location on the propertv. G. Al1 AGFS tanks shall be maintained in a clean and well kept appearance. H. The onlv signage permitted on AGFS tanks is the identification of contents and/or caution labels. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOII3LY. 3. RECEIVE MARCH 4, 1991, PARKS AND RECREATION COMMISSION MINUTES• MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the March 4, 1991, Parks and Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED ONANIMOUSLY. 31 PLANNING COMMISSION MEETING, APRIL 24, 1991 PAGE 11 4. RECEIVE MARCH 14 1991 HOUSING AND REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive the March 14, 1991, Housing and Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BLTZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. 5. RECEIVE MARCH 19, 1991. ENVIRONMENTAL UALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the March 19, 1991, Environmental Quality and Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED tTNANIMOIISLY. 6. RECEIVE APRIL 2 1991 APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Kondrick, to receive the April 2, 1991, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 7. RECEIVE APRIL 16 1991 APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Saba, to receive the April 16, 1991, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N BETZOLD DECLARED THE MOTION CARRIED IINANIMODSLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Ms. Modig, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the motion carried and the April 24, 1991, Planning Commission meeting adjourned at 9:00 p.m. Res ctfully su mitted, Ly Saba Rec rding Secretary 3J r � � I Community Development Department NG DIVISION City of Fridley DATE: April 26, 1991 Q. 1(d To: william Burns, City Manager�;"� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit, SP #91-06, by Yoava Klucsar Attached please find the above referenced staff report. The petitioner is requesting a special use permit to allow construction of a second accessory building over 240 square feet. In addition, the proposed accessory building increases the maximum square footage of accessory buildings to 7.,932 square feet, which is over the 1,400 square feet allowed by code. The Appeals Commission approved a variance to allow this increase in the maximum square footage of accessory buildings at their April 2, 1991 meeting. The Planning Commission voted unanimously to recommend approval of the request to the City Council with three stipulations: l. One curb cut shall be maintained from Rice Creek Road. 2. The petitioner shall provide a hardsurface driveway by November 1, 1991. 3. 5P #91-06 shall be approved. The above stipulations were placed on the variance approval by the Appeal.s Commission. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-91-294 � � STAFF REPORT APPEALS DATE C�TYOF PLANNING COMMISSION DATE : April 24, 1991 F�IZI DLE� CITY COUNCIL DATE : May 6, 19 91 AUTHOR MM� dn REQUEST PERMIT NUMBER APPLiCANT PROPOSED REQUEST LOCATION S��'� �Ai'�► �IZE DENSITY - PRESENT �ONING ADJACENT LAND USES 8� �ONING UT�tf'fES PARK DEDICATION ANAL�YSIS FINANCtAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATtBILITY WITH ADJACENT USES 8� ZON�lG ENVIRONMENTAL CONSIOERATIONS STAFF RECOMMENDATION APPEA�S RECOMMENDATION PLANNING COMMiSS10N RECOMMENDATION SP 4�91-06 Yoava Klucsar To allow a second accessory building over 240 square feet. 1420 Rice Creek Road N.E. 46,366 square feet R-1, Single Family Dwelling R-1, Single Family Dwelling to the N, S, E, and W Approval Approval �C. /3, T 30, TY OF FR/OL EY !4 � (a N 3 ��WpL � ry) ' � � ..� ••� i / ►A 5 � 24 - /� 24 � I � SP ��91-06 Yoava Klucsar 4i � � 11 � . �� . . 3M L iH1S IS A COMPItAi THEY APPEAR IN T. OFfICES AffECT�NC 7H75 DRAWlNG !S 7� REfERENCE PURVO� n is rror r�sro� AGCURAClf5 HQ 53. c �� .F n:n. �i .T� oye � (0�I qe!J! / .. EI ` ;� `�� � �r•. � A) � � �>, �; ROIAND W. ANI couN�r svRVe �NaG co�w�*r w OCATION MAP Staff Report SP #91-06, Yoava Klucsar Page 2 Request The petitioner is requesting a special use permit to allow a second accessory building over 240 square feet. The request is for Lot 30, Block 2, Irvi:ngton Addition, and Lot 14, except the south 390 feet, Auditor's Subdivision No. 22., the same being 1420 Rice Creek Road N.E. The Appeals Commission recommended approval of a variance to increase the maximum square footage of accessory buildings from 1,400 square feet to 1,932 square feet, with three stipulations (see action taken letter dated April 9, 1991). Site Located on the property is a single family dwelling and an existing garage with a concrete slab for the proposed garage. The property is zoned R-1, Single Family Dwelling, as are the properties to the north, south, east, and west. Analysis In 1987, the petitioner applied for a building permit to construct a 28' x il' addition to the rear of the existing dwelling unit. At that time, the petitioner questioned whether or not he would be permitted to pour a concrete pad for a 24' x 24' garage. As the petitioner already has a garage, he was told that a special use permit would be required, as the proposed second garage would be over the 240 square feet allowed for a second accessory building. In addition, the square footage would also be above the 1,400 square feet permitted for all accessory structures, and a variance would also need to be granted. These requirements were indicated on the building permit in the form of a stipulation that no permit for a second garage would be permitted until the original garage was removed (see attached 1987 permit). The petitioner's property is slightly over one acre in size. The petitioner has located the second garage in such a manner that it would be possible for a breezeway to be constructed between the existing house and the garage. In addition, should the petitioner choose to subdivide the property, it would be possible to allow one garage to exist on one lot and the house and second garage to exist on another lot. The proposed second garage will not adversely impact adjoining property owners, as there is adequate separation between structures. The lot coverage is also well within the 25� allowed by code. The Engineering Department has requested that one curb cut be maintained and be shared between the two garages so that traffic 30 Staff Report SP #91-06, Yoava Klucsar Page 3 interruptions are minimized on Rice Creek Road. Rice Creek Road is a collector street and has about 4,500 average daily trips. If the property is to be subdivided in the future, the right-of-way stub and Lot 30 of the Irvington Addition would need to be vacated and a plat created. If the petitioner chooses to use the existing curb cut, a joint driveway easement would need to be executed at the time of platting. The new lot line could occur where the existing driveway is located. Recommendation Because the lot is one acre in size and large enough to accommodate at least two building sites, granting the special use permit will not create any adverse impacts. The proposed garage will be a logical addition to the property. Staff recommends that the Planning Commission recommend approval of this special use permit request, to allow a second accessory building over 240 square feet. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. One curb cut shall be maintained from Rice Creek Road. 2. The petitioner shall provide a hardsurface driveway by November l, 1991. 3. Special Use Permit, SP #91-06, shall be approved. City Council Recommendation 5taff recommends that the City Council concur with the Planning Commission action. 3P ✓• Gen7er � � n c ���c.�. Crcck Dr.' Ay- _- ---/-- - y__._ . . �fiSEME.VT _ _ .._ —_ ____--- �Y----+- j I � � � f i � j. _ . � I x � � � - I; i � i � � � I a � I i � P � � ; � � 7..� H_.. .�� �.� .._� ��... .�-. / � 0 � . T� ��r'd�,osGd-�✓��.2,u�� �� _—, --j--_1 � .. i ;� I �a FU n j �' . � � j._ 6s - - - . _ �.�, � ' � � ' s �s ----. --- -' ` � ---- � I R 7 � � f , _.,... �. _ . z y� _ �x;�s -r_. "-� .M j. �, u S� i _, � ( � L c � _^ I `"y� �� �' , io� ;� \C� r ' / O N i. �� - � �y,�.. � (_. ".." v � I � � �t _ _� � � � , � �` — d z li \ � '•l' �. ! 3Q SP ��9]-06 Yoava Klucsar SITE PLAN I + �t L ��1 � �# � � � � Q � � � a � � � � � a `` ����� � _� � . � �� � � ��� � � 3 � � 0 --� � � ��, � � � J � !� � � �� �� � ���\r`���j v `V 'yv � ,,, � � o � � � �� � J �� �� � ��� �� � a; N 'Lr '� (�l ��� �� ; � J -� .� � � c^;�� ��. ;..; �� /� ZTi r-.E k:.. � , � �,v � � � zv � Q �� �1 �� ` � � � � y ,. � � }� �` 4 �' � -� � � � - � p, � � � � � � � .� � � � � j� � � ,� � `� V� � � �� � � �., y � � �` Q � � � � � � � �* r`� �° � � � �' ;� � �: � \ � � � � o � � �o � � � � o � a Q � � a G '� '� �, � � � � � o � � � `� o � p � � n, � '� � �ti ati r�. � � .� � L � � � � �� � � � � � � � �� � � � � � � ��� � �. � � R � q � � � � � � l `� � � +� � �� � � � � " � `� �. � � ° � � Zj � � `� � �' ,� ,� �c � � � ,� � � �f , � � �, � � . � � Q � ..� 1a�► �� J � �,,+�,��� �-� �; a �l � � �{��� o � � � � � � � �1 J � � � � ,y� o �` � �v1 � ' � � �`�v0�'a�'� � ��.'�� ti � ��� , � � � � � � ��. ��,,� � � �, '�� �' � ,� ����'��� o �`��� ,��' �'�L��� ��� ��,��� �.� .� e�.��� ��. � � ��l�o � �'� o � ? � � �,� r �� � �� � �.�, `����s U . � � � �, � �q � � � �� . � � � � � � �.�, `i. `� � � "1 �, ;.1, "� 3 � � � ����� 3R sue�ecr pE . c�ty of Fridley 19041 - AT �"E T°P°F 7HE jW'HS gU ILDiNG PERMIT -� f ; � RE . � • COMMUNITY DEVELOPMENT DIV. ' j l.-�'�'�', r � � PROTECTIVE INSPECTION SEC. � S`a Q S^ � � � � A� r���i • CI7Y HALL FRIOLEV SS432 NUMBEH REV. DATE PAGE Of APPqpV�O BY ` .�.-J \�/ �.l 612-571-3450 910-Ft5 6/29/87 � � 108 ADORESS 1420 Rice Creek ��� N. E. t LEGAL �OT NO. BIOCK TRACT OR AODITION SEE ATTACHEO 30 2 Trvington Addition (_andZ DESCR. pt. 14 1�Ua. 5�8� Sllb. #22 � SHEET 2 PROPERTY OWNER MAII AOORESS ZIP PHONE Yoava Klucsar 1337 Hillcrest Drive N.E. 574-9724 3 CONTRACTOH MAILAODRESS Z�P PHONE LICENSENO. Same d ARCHITECT OR DESIGNER MAIL AOORESS ZtP PHONE LICENSE NO. 5 ENGINEER MAIL ADORESS ZIP PHONE LICENSE NO. 6 USE OF BUILDING ' Residential 7 CLASS Of WORK ❑ NEW � AODITION ❑ AITERATION ❑ REPAIR O MOVE O REMOVE 8 OESCflIBE WORK Construct a 28� x 11' Addition 9 CHANGEQFUSEFROM TO STIPULATiONS See notations on plans. Install products of cambustion fire alanns in halls to bedrooms and b.asement� No permit for garage until ex3.sting garage is removed. i�/A�t����� Befnic diggiag ca!! local uti�itie; �. SEPARATE PERMITS REQUIRED FOR TELEPypN�_�ZF�j���_�A�F(� W�RI(�G, NFATING, PLUMBING Ah'G� �r�F,,S REQ�JERE� 8Y_� , AW SEPARATE PERM�TS ARE REOUIFEO fOF7 ElEC7RiCA�, PLUMBI/YG, HEATING, TYPE OF CONST. . OCCUPANCY GROUP OCCUPANCY LOAD VENTI�ATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OF CONSTRUCTION ZONING SO. fT. CU. FT. AUTHORIZEO IS NOT COMMENCfO WITHIN 60 OAYS. OR IF CONSTRUCTION OR WORK IS SUSPENDEO OA ABANDONEO FOR A PERI00 OF 120 DAYS AT ANY TIME AFTER W04iK IS COMMENCED. NO. UWLG. UNITS OFFSTREET PARKING I HEREBY CERTIFY THAT 1 HAVE AEAO ANO EXAMINEO THIS APPLICATiON 1 STAi.IS GARAGES ANO KNOW THE SAME TO BE TRUE AND CORqECi. ALl PROVISIONS OF LAWS VALUATION SURTAX ANO OR�INANCES GOYEAN7NG 7HIS TYPE OF WORK WlLI BE COMPLIED $14 4OO $i.2O WITH WHETHEF SPECIFIED HEREIN OR NOT. THE GRANTtNG OF A PERMIT � OOES NOT pRESUME TO GIVE AUTMOHITV TO VIOLATE OR CANCEL 7HE pERMITFEE SACCHAHGE PiiOVISIONS OF ANY OTHER STATE OR I.00AL LAW REGULA7ING CON- �`110. SO STRUCTION OR THE PERfORMANCE OF CONSTRUCTION. PLAN CMfCK FEE TOiAL f EE $ 2 7. 63 $145. 33 S�G ruA fCON�AACTOROAA TMQQIZEDAGENi �OniE� WHEN PROPEf7lV VA� TED TH1S IS YpUR PERMIT !�^� , , / ` ' / J I � � ` A AEOFOwNEQ��� A ILOE�71 IOATEI BLDG �hSo IctE 3S QT7( OF FRIDLEY 6431 tII�IIVEEtBITY AVII�]UE N.E. FRmLEY� 1�T 55432 (612) 571-3450 •. �� ��� �� � _ . �� _, � _ .�� _, • �MI• I�C1- • :fl•� 1 �+• •: ' �;•� PR�PE[ri'Y II�TIOtd - site plan required for suimittals; see attached Address: /r,,l� C7 1�i�� � AP'��C JPQ Iegal desGr'iption: Lot 30, Block 2, Irvington Ad,ditian and Lot 14:, except the south 390 feet, A.S. �`22 IAt B1ocJc TrdCt/Additla�l Current z°nitig: Square fartaqe/a�r�ea9e _ � Reason for special use pennit: 2�" Sec-tion of City Code: _� ., . a'7 �� �. l � 1� 31 • ^ I�i' � I • •J /� •; (Contract Pu�rhasexs: Fee Owners �oust sign this fona prior to pra�essix�g) � �'oa�1� Klu<_��4� �s_ ! 3 3� q-�I i I 1 C�f�en�� � 1�e I�1 � � i C11 e.U, 5 5�-/� Z nArrn� �xor� szc�ru�� � �i� n�ox�Tra�r ��� rj.,.�-:r� ��[r.�►: � 1: � .�`YM�u��i�-:'�;�I� �: M�I Fee: $200.00 ..""... .�. �..__�..___�......_�_ $100.00 for residential seoorxi aaoes.soYy buildirigs �tsP# �t—O � ���# 3��'a-1 Application received by: �: . Scheduled Planning �o�ni�ion date: Scheduled City C,7o�uicil date: ....�______....�..�..__.._�_.......... ��.....�...�.�...� .�._. .....��.�.,�..�__......____ 3T l, � � _ CITYOF FRtDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 APPEALS COMMISSION ACTION TAKEN NOTICE April 9, 1991 '�t�ava K�u.:�a� 1337 Hillcrest Drive N.E. Fridley, MN 55432 Dear Mr. Klucsar: On Apri1 2, 1991, the Fridley Appeals Commission approved your request for a variance, VAR #91-07, to increase the total floor area of all accessory buildings from 1,356 square feet to 1,932 square feet, to allow the construction of a garage on Lot 30, Block 2, Irvington Addition, and Lot 14, except the south 390 feet, Auditor " s Subdivision No. 22, the same being 1420 Rice Creek Road N.E., with the following stipulations: 1. One curb cut shall be maintained from Rice Creek Road. 2. The petitioner shall provide a hard surface driveway by November l, 1991. 3. Special Use Permit, SP #91-06, shall be approved. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sin rely, � ���1;�.� �- �'`�,o°''�� Mic ele McPherson Planning Assistant MM:ls Please review the Appeals Commission action, sign the statement below, and return one copy to the City of Fridley Planning Department by April 22, 1991. �.�-�. � rh% ��_�.-E t�� � Concur with action taken 3U � � � � Community Development Department PLAIVNING DIVISION City of Fridley DATE: May 1, 1991 TO: William Burns, City Manager�, R•� • FROM: SUBJECT: Barbara Dacy, Community Development Director Establish Public Hearing for Above Ground Fuel Storaqe Zoning Ordinance Amendment Attached is the report for the amendment to the zoning ordinance to provide regulations for above ground fuel storage tanks. The Department's Urban Corps Intern and I have been working on this amendment for the last two months. The Planning Commission recommended approval of the ordinance amendment with changes. Staff recommends that the City Council establish May 20, 1991 as the public hearing date. (Note in the minutes that the Planning Commission wanted the Environmental Quality and Energy Commission to study the status of underground tanks in more detail.) BD/dn M-91-317 3V � _ � . Community Development Department Pl[�A1'�VING DIVISION � City of Fridley DATE: May l, 1991 �1 � . TO: William Burns, City Manager �. FROM: SUBJECT: Backctround Barbara Dacy, Community Development Director Kevin Meeks, Intern Fuel Storage Tanks The Planning Division has been alerted by the Fire Department that Federal laws now require replacement of all underground fuel storage (UGFS) tanks by the year 2000. Due to the expense of replacement and installation of the UGFS tanks, the Fire Department is concerned that a trend may occur where property owners, in order to save money, will switch from underground to above ground fuel storage tanks. As a result, aesthetic and safety impacts need to be addressed. We are recommending that the zoning ordinance be amended to regulate placement and installation of above ground tanks. The Planning Division has completed research of above ground fuel storage tanks (AGFS) tanks by taking note of neighboring communities' efforts in dealing with this issue, by visiting local examples of AGFS tanks (we have developed a video tape), by working with the Fire Department in regard to the Uniform Fire Code, and by evaluating the types of properties where AGFS tanks are located, such as gas stations, industries, and schools. Proposed Amendment The proposed amendment to Chapter 205 of the Fridley City Code entitled "zoning" would be to add 205.04.9 under "General Provisions" as follows: 205.04. GENERAL PROVISIONS 9. ABOVE GROUND FUEL STORAGE (AGFS) TANKS A. AGFS tanks are permitted accessory uses in commercial and industrial zoning districts. All AGFS tanks must meet recruirements established by the Uniform Fire Code {UFC) and 3W Fuel Storage Tanks May 1, 1991 Page 2 the Minnesota Pollution Control Agency {MPCA) A�ermit from the State Fire Marshall must be obtained prior to installation. B. In commercial zoning districts and for automotive service stations in the industrial districts AGFS tanks shall not exceed a 1 000 gallon capacity andJor six (6) feet in heicrht and/or diameter. Use of these tanks is limited to liauid petroleum (LP�. The reason AGFS tanks greater than a 1,000 gallon capacity are prohibited in commercial areas is due to safety and aesthetic reasons. The Fire Department believes it would not be safe to have AGFS tanks on small commercial sites, such as automotive service stations, because of the risk of accidents or vandalism that could cause the tanks to rupture. In addition, the Fire Department noted that there has never been an incident in the City of Fridley of an underground fuel storage tank exploding and recommends continued use of these types of tanks. Aesthetically, AGFS tanks larger than 1,000 gallon capacity or six feet in diameter and/or height would be an eye sore from the public right-of-way. C. Prior to installation a permit from the City of Fridley Fire Department shall be obtained. D. All AGFS tanks shall be screened by a chain link fence with metal slats and shall be no taller than eight (81 feet in heiqht, with the exception of LP which does not require fencing. We have not proposed vegetation screening, wood, or plastic fencing, as these are flammable materials and therefore recommend only metal chain link fencing with metal slats. E. The City of Fridlev may require installation of vehicle protection barricades for AGFS tanks depending on the tank's location on the property. The Planning Department has notified all commercial and industrial sites currently using AGFS tanks and have notified all Fridley automotive service stations of the proposed amendment. F. The City of Fridley mav require installation of vehicle protection barricades for AGFS tanks depending on the tank's location on the property G. All AGFS tanks shall be maintained in a clean and well kept appearance. 3X r � � J Community Development Department G DIVISION City of Fridley DATE: May 1, 1991 � .n' TO: William Burns, City Manager �• FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Rescinding Old Resolution No. 36-1991 and Reapproving New Resolution No. 36-1991 At the April 22, 1991 City Council, the City Council approved Resolution No. 36-1991 to approve L.S. #91-02 by Milestone Hotel Investments. The legal description for Parcels A and B had several dimension errors due to minor changes in the lot line for the split. Staff has now corrected the errors on the resolution. The City Council will need rescind old Resolution No. 36-1991 and reapprove the attached Resolution No. 36-1991. Staff recommends that the City Council,rescind Resolution No. 36- 1991 and reapprove the attached Resolution No. 36-1991. MM/dn M-91-316 � RESOLUTION NO. 36 - 1991 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #91-02, TO SPLIT LOTS 1-5, AUDITOR'S SUBDIVISION NO. 153 INTO TWO SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY LOCATED AT 5201 - 5275 CENTRAL AVENUE N.E. WHEREAS, the City Council approved a lot split at the April 22, 1991 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to split: Lots 1, 2, 3, 4, and 5, Auditor's Subdivision No. 153, City of Fridley, Anoka County, Minnesota, subject to an easement for public utilities to the City of Fridley over the east 50 feet of Lots 1, 2, 3, 4, and 5 of Auditor's Subdivision No. 153; also subject to an easement for road purposes over the south 25 feet of said Lot 5; also except that part taken by the State of Minnesota for highway purposes, except the following described parcels. Commencing at a point on the east line of the west 50 feet of said Lot 3 distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet to said Lot l, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot l; thence East along the south line of the north 30 feet of said Lot 1, a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3, a distance of 188.67 feet to the point of commencement. Also except the west 275 feet of Lot 5, except the north 36.67 feet thereof, Auditor's Subdivision No. 153, Anoka County, Minnesota, subject to the rights of the public in highway on the west 50 feet and the south 25 feet of said premises, and together with an easement for walkway and road purposes over the east 50 feet of the west 325 feet of Lot 5 except the north 36.67 feet thereof, into two separate parcels described as: Parcel A: That part of Lots 1, 2, 3, and 4, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of Lot 1, Auditor's Subdivision No. 153; thence South 00 degrees 29 minutes 30 seconds East, on an assumed bearing, along the east line of said Lots 1, 2, and 3, a distance of 338.27 feet; thence South 89 degrees 33 minutes 37 seconds West, a distance of 281.51 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100.14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 173.14 feet; thence North � � Resolution No. 36 - 1991 Page 2 00 degrees 32 minutes O1 seconds West, a distance of 10.00 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of 145.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence northerly, easterly, and northerly along said east line of State Trunk Highway No. 65 to the north line of said Lot l; thence East along the north line of Lot 1 to the point of beginning. Except the following described parcel: Beginning at a point on the east line of the west 50 feet of said Lot 3, distant 47.17 feet South from the north line of said Lot 3; thence North and parallel with the west line of said Lots 3 and 2 a distance of 96.67 feet, said point being 49.5 feet North and 50 feet East of the southwest corner of said Lot 2; thence northeasterly in a straight line to a point on the south line of the north 30 feet of said Lot 1, distant 25 feet East from its intersection with the east line of the west 50 feet of said Lot 1; thence East along the south line of the north 30 feet of said Lot 1 a distance of 163.67 feet; thence South and parallel with the west line of said Lots 1, 2, and 3, a distance of 248.17 feet; thence West and parallel with the north line of said Lot 3 a distance of 188.67 feet to the point of beginning. Parcel B: That part of Lots 3, 4, and 5, Auditor's Subdivision No. 153, Anoka County, Minnesota, described as follows: Commencing at the northeast corner of Lot l, Auditor's Subdivision No. 153; thence South 00 degrees 29 minutes 30 seconds East, on an assumed bearing, along the east line of said Lots 1, 2, and 3, a distance of 338.27 feet to the point of beginning oi the land to be described; thence South 89 degrees 33 minutes 37 seconds West, a distance of 281.51 feet; thence South 00 degrees 30 minutes 31 seconds East, a distance of 100.14 feet; thence South 89 degrees 27 minutes 59 seconds West, a distance of 173.14 feet; thence North 00 degrees 32 minutes O1 seconds West, a distance of 10.00 feet; thence South 89 degrees 16 minutes 28 seconds West, a distance of 145.55 feet; thence North 00 degrees 43 minutes 32 seconds West, a distance of 29.05 feet; thence South 89 degrees 41 minutes 31 seconds West, a distance of 229.20 feet; to the east line of State Trunk Highway No. 65; thence southerly, along said east line of State Trunk Highway No. 65 to the south line of said Lot 5; thence East along the south line of Lot 5 to the southeast corner of Lot 5; thence North along the east line of Lots 3, 4, and 5 to the point of beginning. Except the west 303.00 feet of Lot 5 lying South of the north 36.67 feet thereof. Generally located at 5201 - 5275 Central Avenue N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two separate parcels. � � Resolution No. 36 - 1991 Page 3 NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TiiIS 22ND DAY OF APRIL, 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 4C WILLIAM J. NEE - MAYOR EXHIBIT A Resolution No. 36 - 1991 2. A 30 foot easement shall be dedicated to the City for the water line improvement and recorded when the lot split is recorded. 2. Common party wall and shared easement agreements shall be recorded when the lot split is recorded. 3. A hold harmless agreement waiving the City of any liability for allowing the Uniform Building Code requirements sha11 be recorded against the lot split. 4. Variance request, VAR #91-04, shall be approved. 5. Plat request, P.S. #91-01, shall be completed by May 6, 1991. 6. No additional free standing signage may be added to the site beyond the amount of signage that was originally approved in the 1985 variance request. Wall signs may be permitted if in compliance with the sign ordinance. 7. Any stipulations and requirements of Building Permit No. 17757 dated October 9, 1984 and the Sign Variance dated February 25, 1985 shall anure to both lots if it is applicable. � � � _ � . Community Development Department G DIVISION City of Fridley DATE: May 2, 1991 � TO: William W. Burns, City Manager �!�' • FROM: SUBJECT: Background Barb Dacy, Co unity Development Director Lisa Campbe��,��.Planning Associate Consideration of Two-Year Curbside Recycling Contract Between the City of Fridley and Super Cycle, Inc. On April 3, 1991, Super Cycle proposed shifting to a per household service payment from a per ton payment. This payment structure could reduce 1991 contract costs by roughly $30,000. Due to the recent growth in monthly tonnage staff estimates that average monthly tonnage for the remainder of the year will be 140 tons. Under the current per ton rate the City can expect the curbside contract costs to rise to $123,760, for 1991. The growth in tonnage and participation is the result of the distribution of curbside recycling containers. The containers were distributed in February and participation was up 25% percent in March. Participation for March is 49.8%. Tonnage for March was 111.30, twenty eight additional tons over February. Why Would Super Cycle, Inc., Want to Reduce our Contract Cost? Four factors may have motivated Super Cycle, Inc. to approach the City of Fridley. Internal Factor The rapid growth in participation will result in the City facing increased� contract costs for 1991. It is in Super Cycle's best interest to reduce costs and reduce the likelihood that the City would shift to another contractor or another method of service. C�i Consideration of Two-Year Curbside Recycling Contract May 2, 1991 Page 2, External Factors There is widespread concern that SCORE funds may be reduced or eliminated. Much of Super Cycle's revenue comes from SCORE funds. If SCORE funds are cut it is possible that Supef Cycle would lose contracts. Super Cycle has tonnage commitments to meet with its paper markets. If they lose contracts they run the risk of losing their markets. There is an increase in the demand for paper. This is the result of two paper mills coming on-line in Wisconsin. Competition for a larger share of the expanding paper market, among providers, has increased. Super Cycle�s Proposal Super Cycle is proposing a two-year contract, retroactive to April 1991, with a per household payment of $0.95 cents for the remair►ing nine months of 1991 and $1.00 per houshold in 1992, a 90-day notice and no profit sharing. Estimated Contract Savings Staff estimates that for the remainder of 1991 the City could reduce potential contract costs by $34,080. Savings for Janurary 1992 through April of 1993, 16 months would be $40,000. Total savings over the two year period would be $74,080. This savings estimate is based on a comparison to the current contract payment of $75.00 per ton. Total contract costs for the April 1, 1991 to April l, 1993, under the current per ton payment structure would be $262,500. Total contract costs for the same period under Super Cycle's proposal would be $188,420. Estimates of SWAP Fee Revenue and Grant Revenue Sources 1991 1992 Contract Costs Contract Costs (9 months) (-$67,972.50) (12 months) (-$95,400.00) SCORE + 61,020.00 SCORE ? SWAP � + 6 952.50 SWAP 63 023 50 $00.000.00 (-$32,376.50)* 5A Consideration of Two-Year Curbside Recycling Contract May 2, 1991 Page 3 * Score revenue for 1992 will probably cover this shortfall. County staff is not able to provide any estimates of Score funding and staff cannot put forward any reasonable estimates of such and unpredictable revenue source. Estimates of Contract Costs Continued 1993 Contract cost (4 months) (-$31,800.00) SCORE ? SWAP + 21,007.00 (-$10,793.00)** ** Shortfall for 1993 if Swap Fee is repealed at same time the contract ends and Council switches to requiring the refuse hauler to provide recycling services. Council could extend Swap fee for just two months and this 1993 shortfall would be covered. Recommendation/Options Staff recommends accepting Super Cycle's proposal. This recommendation is based on an immediate contract saving of $3,000 per month, with potential savings over the life of the two-year contract of $74,000. The two year contract with a 90-day without cause or with cause notice gives the City adequate time to evaluate requiring the refuse haulers to provide recycling services and to exit the contract should revenue sources fall short of expenditures. Staff will continue to investigate the licensing approach as proscribed by the 1990 Solid Waste Fact-Finding Report. This investigation should be completed by the Fall of 1991. LC:lc M-91-319 � AGREEMENT FOR RECYCLING COLLECTION This Agreement is made on between ("City") and Contractor. day of , 1991, . WHEREAS, Contractor is in the business of collecting recyclables. WHEREAS, City desires Contractor to pick up recyclables throughout City's municipal limits in accordance with the terms of this Agreement. NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: l. Contractor's Services. The Contractor agrees to provide services in accordance with specifications contained in Exhibit A attached hereto and made a part hereof by reference. 2. Compensation to Contractor. City agrees to pay Contractor for services. 3. Method of Payment. Contractor shall submit itemized bills in accordance with Exhibit B to City on a monthly basis. Bills so submitted shall be paid within thirty {30) days of receipt by City of a bil.l. 4. Disposal of Recvclables. Contractor shall use its best efforts to assure that all recyclables collected in the City are not placed in landfills or incinerated and are distributed to the appropriate markets for reuse. If any 5C AGREEMENT FOR RECYCLING COLLECTION _ PAGE 2 recyclables are landfilled or incinerated, 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 shall at all times be under a duty to minimize recyclables ending up in landfills or incineration, and, in consultation with the City, at all times attempt to find the lowest 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 that the City can determine the effort 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 feasible market. During said 30 days, the Contractor shall continue to pick up the particular recyclable. 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 5D AGREEMENT FOR RECYCLING COLLECTION PAGE 3 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 Cantractor to cease collecting a particular recyclable, the parties shall immediately meet to renegotiate the monthly minimum fee payable to the Contractor. In the event that the parties disagree on the question of whether there is a market for a particular recyclable or whether the market is economically feasible, the disagreement shall be submitted to 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. Audit Disclosure. Contractor shall allow City and its duly authorized agents reasonable access to Contractor's books and records applicable to all services provided under this Agreement. Any reports, information, financial material, or data which City at any time requests be kept confidential shall not be made available to any person or party without City's prior written approval. Any reports, information, 5E AGREEMENT FOR RECYCLING COLLECTION PAGE 4 financial material, or data which Contractor at any time requests be kept confidential shall not be made available to any person or party without Contractor's prior written approval. 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, Contractor shall have the right to use such property in its business outside of the City. 6. Term. The term of this Agreement shall be April 1, 1991, to April 1, 1993, the date of signature by the parties notwithstanding. The parties may, by mutual agreement, cause this Agreement to be extended after the foregoing expiration date, subject to the right of either party to terminate for cause by ninety (90) days written notice as provided in the following paragraph. 7. Termination. This Agreement may be terminated 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 City pursuant to this ninety (90) day provision, Contractor shall be paid until the effective date of termination. 5F AGREEMENT FOR RECYCLING COLLECTION PAGE 5 8. Subcontractor. Contractor shall not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of City. 9. Independent Contractor. At all times and for all purposes hereunder, Contractor is an independent contractor and not an employee of City. No statement herein shall be construed so as to find Contractor an employee of City. 10. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Excluded Services. City shall have no obligation to pay for any services furnished or performed by Contractor not specifically provided for or contemplated herein. 12. Severabilitv. The provisions of this Agreement are severable. If any portion hereof is, for any �eason, held by a Court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. 13. Compliance with Laws and Regulations. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of this Agreement. 14. Ectual Opportunity. During the performance of this Agreement, Contractor, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of 5G AGREEMENT FOR RECYCLING COLLECTION PAGE 6 Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. 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 shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall post in places availab�e to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 15. 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. 5H AGREEMENT FOR RECYCLING COLLECTION PAGE 7 16. Indemnification. Contractor shall indemnify and hold harmless City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees, which they may suffer or for which they may be held liable, as a result of negligence or fraud of Contractor, his employees, or subcontractors in the performance of this Agreement. 17. Insurance. Contractor shall provide a certificate of insurance as proof of liability coverage for bodily injury or death in the amount of $600,000 for any one person and in the sum of $1,000,000 for two or more persons for the same occurrence and for damages to prope�ty in the sum of $100,000. The certificate of insurance shall name City as an additional insured and state that 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 City before cancellation, expiration, or change of coverage. 18. Workers Compensation Insurance. Contractor shall provide workers compensation insurance covering all employees of Contractor engaged in the performance of this Agreement, in accordance with the Minnesota Workers Compensation Law. 19. Performance Bond. Contractor shall execute and deliver to City a performance bond with a corporate surety in the amount of three months contract revenue or equal ("equal" may include a letter of credit from a banking institution 51 AGREEMENT FOR RECYCLING COLLECTION PAGE 8 approved by Cityj. This Agreement shall not become effective until such a bond, in a form acceptable to City, has been delivered to City and approved by the City Attorney. This Agreement shall be subject to termination by 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 or renewal. 20. Conflict of Interest. 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 Contractor will forfeit any payments to be made under this Agreement. 21. Governing Law. This Agreement shall be controlled by the 2aws of the State of Minnesota. 22. Addition to Recyclables. City agrees that it will consider, from time to time, proposals from Contractor to perform additional services in the colZection of additional recyclables or to perform additional services in the collection of compostable materials. Nothing contained in this paragraph shall obligate City to pay for such additional services or work unless and until this Agreement is modified by a contract in writing. 5J AGREEMENT FOR RECYCLING COLLECTION PAGE 9 23. 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 shall 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 By Its Mayor and By Its City Manager CONTRACTOR NAME. By- Its By- Its 5K I. II. Exhibit A CITY OF FRTDLEY CITYWIDE CURBSIDE COLLECTION OF RE3IDENTIAL RECYCLABLES SPECIFICATIONS Introduction. These specifications define the requirements of the Comprehensive Recycling Program for the City of Fridley. Definitions. l. Recyclables: means newsprint and inserts, unsorted glass (food and beverage containers), unsorted aluminum, steel, bimetal, and "tin" cans (food and beverage containers), and corrugated cardboard. 2. The parties by separate agreement may later include the following items as recyclables: mixed plastic bottles (polyethylene terephthalate (PET) and high density polyetehylene (HDPE), box board (such as cereal boxes), mixed paper, household dry cell batteries, yard waste and other compostable materials, and other materials as mutually agreed upon between City and Contractor. Unacceptable Recyclables: means recyclables which have not been prepared and/or located by the resident in compliance with the following standards: Newspaper. 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 Beverage Containers. will be rinsed clean and kept separated from the other items and placed in a paper bag, box, or recycling container. Corru�ated Cardboard. will be broken down flat into bundles no larger than 3 feet by 3 feet. No cardboard that is wax or plastic coated or contaminated by food or grease shall be accepted. Preparation standards for other materials will be determined by mutual written agreement between City and Contractor. (1) 5L City of Fridley Comprehensive Recycling Program Specifications Exhibit A 3. Recycling Containers: means uniform receptacles supplied by City or homeowner in which recyclables can be stored and later placed curbside for collection as specified by City. 4. Recyclina Collection: means the picking up of all recyclables placed at or near the curbside properly prepared and package at Certified Dwelling Units (CDU's) and other City designated collection stops in the City. 5. Certified Dwelling Unit �CDU): means a single family home and each residential unit in a duplex, triplex, fourplex, or townhouse complex. Residential units in structures (other than townhouses) containing more than four (4j dwelling units may be designated as CDU's upon mutual agreement by City and Contractor. 6. Collection District: means a specific geographic area of the City established for the purpose of having Curbside Recycling Collection for all CDU's and other City designated recycling collection stops in the district on the same day. 7. Contractor: means only one person or entity able to provide collection service for recyclables as stipulated in the attached specifications. This person or entity must demonstrate that hejshe has secure sufficient markets for the collected recyclables. 8. Collection Vehicle: any vehicle owned or operated by Contractor for collection of recyclables within the corporate boundaries of the City. 9. Collection Hours: the time period during which collection of recyclables is authorized in the City. 10. Holidavs: means any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 11. Scheduled Collection Dav: means the day or days of the week on which recycling collection by the contractors is to occur, as specified in the contract with the City. 12. Term: means the twelve month period from January 1, 1991, to December 31, 1991. i2) 5M City of Fridley Comprehensive Exhibit A Recycling Program Specifications 13. Curbside: means at or near the edge of the public or private street from which the CDU gains its access, or such other location as may be specified by the City. III: Collection Rectuirements: A. Residential Collection. 1. Frectuency of Collection. The City will be divided into two Collection Districts. Collection shall occur on the lst and 3rd Fridays of each month in Area 1(north of Mississippi Street) and on the 2nd and 4th Fridays of each month in Area 2(south of Mississippi Street). The City will be divided into two Collection Districts. 2. Collection Hours. Collection shall commence no earlier than 7:00 a.m. Contractor shall maintain sufficient equipmen� and personnel to assure that all collection operations are completed by 6:00 p.m. on the scheduled collection day. Residents will be requested to leave recyclables placed at curbside before 7:00 a.m. on the scheduled collection day. 3. Com�liance with Drivinq and Haulinq Laws. Collection and transportation of all recyclables shall be accomplished in accordance with all existing laws and ordinance, and future amendments thereto, of the State of Minnesota and local governing bodies. 4. Weighing of Loads and Re�ortinq Requirements. Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight, and number or recycling stops for each loaded vehicle. Collection vehicles will be weighed empty before collection to obtain a tare weight and weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be included as part of the billing sent to the City each month. Contractor will also include a report of the total tons collected, a fair estimate of the percentage of the total that each material type represents, and the markets generally used for the sale of recyclables. (3) 5N City of Fridley Comprehensive Exhibit A Recycling Program Specifications 5. Point of Collection. All residential collection will occur at the curbside. 6. Procedure for Unacceptable Recyclables If Contractor determines that a resident has set out unacceptable recyclables, the driver shall use the following procedures: a) Contractor shall leave the unacceptable recyclables and leave an "education tag" indicating acceptable materials and the proper method of preparation. b) The driver shall record the address on forms provided by the City and report the addresses to the City Recycling Coordinator at the end of each week. c) The City Recycling Coordinator will undertake efforts to educate the resident regarding proper materials preparation. If these efforts fail to achieve compliance within a reasonable time, the Recycling Coordinator may direct the Contractor to stop collection at that CDU. 7. Cleanup Responsibilitv. Contractor shall adequately clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Contractor shali have no responsibility to remove or clean up any items which are not recyclable materials. 8. Missed Collection Policy and Procedure Contractor shall have a duty to pick up missed collections. Contractor agrees to pick up all missed collections on the same day Contractor receives notice of a missed collection, provided notice is received by Contractor before 11:00 on a business day. With respect to all notices of a missed collection received after 11:00 a.m. on a business day, Contractor agrees to pick up that missed collection before 6:00 p.m. on the immediately following business day. {4) 50 City of Fridley Comprehensive Recycling Program Specifications Exhibit A Contractor shall provide staffing of a telephone equipped office to receive missed collection complaints between the hours of 7:30 a.m. and 5:00 p.m, on weekdays, except holidays. Contractor shall 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. This information shall be provided to the City in a monthly report. 9. Non-completion of Collection and Extension of Collection Hours. If Contractor determines that the collection of recyclables will not be completed by 6:00 p.m. on the scheduled collection day, it shall notify the City Recycling Coordinator by 4:30 p.m. and request an extension of the collection hours. 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 request the designated alternate. l0. Severe Weather. Recycling 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 colder. Upon postponement, collection will be made the following business day. The contractor will be responsible for notifying the residents by radio and television announcements. The City will be responsible for notifying the residents by municipal cable. Al1 three means of communication will be used for each severe weather postponement of recycling collection. 11. Holidays. If the agreement for collection is weekly and the scheduled collection falls on a holiday, the collection will be cancelled for that day. If holidays fall on scheduled collection days for two consecutive weeks (i.e., Christmas Day and New Year's Day), an alternative collection day shall be scheduled by mutual agreement. In such a case, Contractor shall assist the City in publicizing the alternative collection day, including delivery of (5) 5P City of Fridley Comprehensive Recycling Program Specifications 12. Exhibit A notices to each CDU in the effected Collected District. In those cases where collection is other than weekly, and scheduled collection falls on a holiday, an alternative collection day shall be scheduled by mutual agreement. Collection Vehicle Ecruipment Requirements Each collection vehicle shall be equipped with the following: a. b. c. d. e. f. g- a two-way radio a first aid kit an approved 2AlOBC Extinguisher warning flashers warning alarms to reverse Dry Chemical Fire indicate movement in signs on the rear of the vehicle which state "This Vehicle Makes Frequent Stops" a broom and a shovel ior cleaning up spills Al1 of the required equipment must be in proper working order. All vehicles must be maintained in proper working order and be as clean and free from odors as possible. Al1 vehicles must be cleared identified on both sides with Contractor's name and telephone number. 13. Personal Requirements. Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. Contractor's personnel shall: a. � c. Conduct themselves at all times in a courteous manner with the general public. Make a concerted effort to have at all times a presentable appearance and attitude. Perform their and clean up collection and (6) work in a neat and quiet manner all recyclables spilled in hauling operations. 5Q City of Fridley Comprehensive Recycling Program Specifications d. Avoid damage to property. e. Not perform their duties or while consuming alcohol or controlled substances or influence of alcohol and/or Exhibit A operate vehicles illegally using while under the such substances. 14. Ownership. Ownership of the recyclables shall remain with the person placing them; for collection until Contractor's personnel physically touch them for collection, at which time ownership shall transfer to Contractor. 15. Household Dry Cell Batteries. If requested by City, Contractor agrees to periodically collect household dry cell batteries at the curbside along with other recyclables, at the regular charge per ton, but not more than once per quarter. The method of preparation and the timing for collection will be mutually agreed upon by Contractor and City. The method and expense of processing will be arranged for by the City. 16. Proqram Brochure. The contractor shall provide artwork and pay for printing costs of 7,661 pieces of a program brochure during the contract period. 17. Insurance Coveraqe. The contractor shall provide a certificate of insurance as proof of liability coverage or death in the amount of $600,000 for any one person and in the sum of 1,000,000 for two or more persons for the same occurrence and for damages to property in the sum of $3,000,000. The certificate of insurance shall name the City as an additional insured and the state that Contractor coverage shali 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 cancellation, expiration, or change of coverage. 18. Period of Guarantee. The Contractor shall provide a surety bond for three months' contract revenue which shall guarantee the proper prosecution and completion of the work by the successful bidder; and shall further guarantee the prompt payment by the successful bidder of all persons or firms furnishing labor, tools, materiaZs and supplies for the work. i�� 5R ERHIBIT B CITY OF FRIDLEY FEES FOR COMPREHENSIVE RECYCLING PROGRAM Fees for services to be paid by City to Contractor shall be based on a per household payment. The mutually agreed upon number of households is,7,950. A. The cost per household from April 1, 1991, to March 31, 1992, will be 95 cents. B. The cost per household from April l, 1991, to April 1, 1993, will be $1.00. 5S MEMORANDUM _ Municipal Center '_ 6431 University Avenue Northeast Fridley, Minnesota 55432 Un(pF' (612) 572-3507 ��-� FAX: (612) 571-1287 �%1lli81ri C. HUIIt Assistant to the City Manager ��i . ,- Memo To: WILLiAM W. BIIRNS, CITY MANAGER �,� From: WILLIAM C. HIINT, ASSISTANT TO THE CITY MANAGER/ STAFF PERSON FOR THE CHARTER CO ISSION Subject: PIIBLIC HEARING FOR PROPOSED AMENDMENTS TO SECTION 2.05 OF THE FRIDLEY CITY CHARTER Date: APRIL 30, 1991 At its meeting of March 25, 1991 the Fridley Charter Commission approved amendments to Section 2.05 of the Fridley City Charter and voted to transmit them to the Fridley City Council for consideration. At its meeting of April 29, 1991 the Charter Commission approved the minutes of March 25, 1991. Accordingly, I am attaching a copy of the proposed ordinance amending the Fridley City Charter, and I request that you submit it to the Fridley City Council at its meeting of May 6, 1991 for the purpose of setting a public hearing on the proposed amendment for June 3, 1991. WCH/jb � ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.05 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following section of the Fridley City Charter be amended as follows: Section 2.05. VACANCIES IN THE COUNCIL. 1. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony, of any such person whether before or after his qualification, or by reason of the failure of any councilriiember without good cause to perform any of the duties of inembership in the Council for a period of three (3) months. In each such case, the Council shall by resolution declare s�� a vacancy to exist_ a� s���� €a���w���. If a vacancy is declared to occur before January 1 of the fourth vear of the term of office in question the Council shall call a special election to be held not less than €s�- ���r°�z�- thirty (30) days nor more than sixty (60) days from the time such vacancy is declared. The Council shall designate a period of no less than five {5) consecutive working days for the purpose of filing nomination petitions in accordance with Section 4.06. In the case of a special election to fill the vacancy, there shall be no primary election. The candidate receiving the largest number of votes shall be declared the winner. The winner of said election shall be qualified and take office immediately upon certification by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord.�) '�. • Tf �f- �rt� i�ne� i-i�e� fne�mL�e�s�}��� ����A��6'}� }s- �ebl�i�v'ebk b8 S Rp RZi p=A[G pSiC it[CiL� ��ss ���� €e��—{�T—�e�}ae�sT��e �e�a�i����-�e�a�r-s If the vacancy is declared to occur on or after Januarv 1 of the fourth year of the term of office in c�uestion, the Council may call a special election as indicated in number 1 above, or the remainincx members of the Council may, within thirtv (30) days of the vacancy declaration, by unanimous action, appoint ������e�a� �e�ae�s te �a�se ��e �e�ae�s��ia--�e €e��-�-4�-. a qualified citizen to serve the unexp'ired portion of the term. if the vacancy is declared within'forty-five {45) days of the general election date, the council shall exercise their • � discretion of appointment as needed but no special election shall be called. A councilmember so appointed shall assume office upon appointment. T�e—a��ia�e� €�����g �,�^�^^; °° �., a�ae���e��--s���� �ae—as €e��ews: � i � +-ti, e +- ,,.,., , +- � � ::• zx c�::v vQi.ino ve�6���—��'$ �9� ��€�$�'@�—�@�36J��3vT-v�i@ ��a���e� �a��� -�aa—�a—�ke--sc3��--�i��—��e -s�e��es� �e������g �e�. �. �€ �e �e�+as vae.��� ��e �� s���---�e����e ^–�s�� � :ax= 6�AASA--�`3 -�A� �., 16�3�e'i�Ga�6`T-�Ai��� �'`�S�PFA�I��@�l�-.- (Ref. Special Election 3/25/75, Ord. 776, Ord. $57, Ord. ) , 3. If at any time the membership of the Council is reduced to less than two 12) members, the City Manaaer shall order a snecial election after the manner provided in Section 2.05. number 1 above and in Section 4.04 to bring the membership of the council up to five (5). If the position of City Manager is vacant, the City Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judge of District Court of the State of Minnesota within whose jurisdiction the corporate offices of the City of Fridlev lie shall order such an election. (Ref. Ord. ) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR �• � CITY OF FRIDLEY CHARTER COMMI88ION MEETING, MARCH 25, 1991 ��_������������_�������«������������«���»������������������ CALL TO ORDER• Acting Chairperson Schei called the Commission meeting to order at 7:40 p.m. INTRODUCTION OF NEW COMMISSIONERS: March 25, 1991, Charter Ms. Schei introduced the new commissioners, Charles Burnside, Larry Crane, Brian Goodspeed, Carol Hoiby, and Terrie Mau, and welcomed them to the Charter Commission. ROLL CALL� Members Present: Geraldine Schei, Gordon Backlund, Donna Bondow, Craig Gordon, Joe Rusch, Don Mittelstadt, Charles Burnside, Larry Crane, Brian Goodspeed, Carol Hoiby, Terrie Mau, Ed Hamernik _ (arr. 8:10) Members Absent: Others Present: Don Betzold, Walt Starwalt, John Silliman Bill Hunt, Assistant to the City Manager APPROVAL OF FEBRUARY 25 1991 CHARTER COMMISSION MINUTES: MOTION by Mr. Mittelstadt, seconded by Mr. Gordon, to approve the February 25, 1991, Charter Commission minutes as written. IIPON A VOICE VOTE, ACTING CHAIRPERSON SC$EI DECLARED THE MOTION CARRIED. APPROVAL OF AGENDA: MOTION by Mr. Backlund, seconded by Mr. Rusch, to approve the agenda as written. QPON A VOICE VOTE, ACTING CHAIRPERSON SCHEI DECLARED THE MOTION CARRIED. 1. ELECTION OF OFFICERS- Ms. Bondow, Chairperson of the Nominating Committee, stated that at the last meeting, the Committee had submitted the following candidates for offices: Chairperson - Walt Starwalt, Vice-Chairperson - Ed Hamernik, and Secretary - Don Mittelstadt. After accepting the report, Walt Starwalt had requested that his name be withdrawn as a candidate for � s CIiARTER COMMISSION MEETING, MARCH 25, 1991 PAGE 2 chairperson. She stated the Nominating Committee decided not to submit an alternative roster. Mr. Mittelstadt nominated Gordon Backlund as the candidate for chairperson. MOTION by Ms. Bondow, seconded by Mr. Gordon, to accept the following slate of officers: Chairperson - Gordon Backlund Vice-Chairperson - Ed Hamernik Secretary - Don Mittelstadt IIPON A VOICE VOTE, ACTING CHAIRPERSON SCHEI DECLARED THE MOTION CARRIED. MOTION by Ms. Bondow, seconded by Mr. Crane, to close the nominations and cast a unanimous ballot for the slate of officers. IIPON A VOICE VOTE, ACTING CHAIRPERSON SCHEI DECLARED THE MOTION CARRIED IINANIMOQSLY. 2. CONSIDERATION OF SECTION 2.05 VACANCIES IN THE COUNCIL: Mr. Mittelstadt requested that this item be continued later in the meeting when Mr. Hamernik will be present. 3. CONSIDERATION OF RESOLUTION TO THE TAX COMMITTEE OF THE MINNESOTA HOUSE AND SENATE REGARDING THE TRANSITION FROM A MILL RATE TO A TAX CAPACITY RATE FOR THE FRIDLEY CITY CHARTER: MOTION by Mr. Backlund, seconded by Mr. Mittelstadt, to approve "A Resolution to the Committee on Taxes of the Minnesota House of Representatives and the Committee on Taxes and Tax Laws of the Minnesota Senate Relating to the Conversion of Mill Rates to Tax Capacity Rates in the Fridley City Charter". IIPON A VOICE VOTE� ACTING CHAIRPERSON SCHEI DECLARED THE MOTZON CARRIED. 4. CONSIDERATION OF REVIEW OF CHAPTER 3 OF THE FRIDLEY CITY CHARTER — DONNA BONDOW: Ms. Bondow stated Chapter 3 is "Procedure of the Council", and basically this chapter talks about how the City Council will operate. She stated that throughout Chapter 3, references are made to "a majority of aZl the Councilmembers", "a majority vote of all the memiiers of the Council", "a vote of the majority of the Council", "a minority", or a specific number of Councilmembers. There seems to be an inconsistency and it is something the Commission might want to discuss in the future. • � CHARTER COMMISSION MEETING I�IARCH 25 1991 PAGE 3 Section 3.01. COUNCIL I�iEgTING Ms. Bondow stated that this particular section states: "The Mayor or any three members of the Council may call special meetings of the Council...�� Mr. Hunt referred to the first sentence in the section: ��On the first official business day in January following a regular municipal election,�the Council shall meet at the City Hall at the usual time for the holding of Council meetings.�� He stated the Council actually always meets on the first Monday after the first of January, so six years out of seven this is not observed. This is an issue the Con�mission might want to change in the future. He suggested: "On the first official meeting of the Council in January following the regular municipal election...�� (Mr. Hamernik arrived at 8:10 p.m.j Section 3.03. RIILEB OF PROCEDIIRE AND QIIORUM Ms. Bondow stated this section refers to "a majority of all the Councilmembers shall constitute a quorum...��. Mr. Mittelstadt questioned what is meant by '�its own rules". Maybe there should be a definition for the Council�s "rules". Mr. Gordon stated this should be noted and discussed at a later date. Mr. Rusch questioned the last sentence: "A majority of all the Councilmembers shall constitute a quorum to do business, but a lesser number may adjourn from time to time.�� Mr. Backlund stated this sentence really does not make sense. Ms. Bondow agreed that there should be some clarification. Section 3.04. ORDINANCEB, RE80LIITIONB, AND MOTIONS Ms. Bondow stated this section refers to "a majority vote of all the members of the Council shall be required...�f. Bection 3.06. EMERGENCY ORDINANCES Ms. Bondow stated this section refers to "passed by a vote of a majority of the Council". Section 3.07. SIGNING, PIIBLICATION AND RETENTION OF ORDINANCES, RESOLIITIONB, AND MOTIONS Ms. Bondow stated Section 3.07.02 refers to "the Council may by four (4) affirmative votes of its members..,��, 6E CAARTER COMMIBSION MEETING, MARCH 25, 1991 PAGE 4 Bection 3.10. REVIBION AND CODIFICATION OF ORDINANCES Ms. Bondow stated this section states that the ordinances of the City shall be revised, rearranged, and codified every five years, but this section doesn't say how it is done and who makes sure that is done? Mr. Hunt stated the official text is updated every three months. It is supervised by the City Clerk. (He referred to Section 6.04. SUBORDiNATE OFFICERS.) 5. CONSIDERATION OF 2.05. VACANCIES IN THE COUNCIL: tContinued from earlier in the agenda): Mr. Hunt stated that, at the request of the Commission, he made another revision of this section. Mr. Rusch stated that in Section 2.05.03, it refers to "...to bring the number of councilmembers up to five (5)...." This seems a little confusing to the wording in other sections of the Charter, because it sounds like it does not include the mayor. Maybe it should be changed to: "the Mayor and up to four (4) councilmembers". Ms. Mau agreed that when she first read this, she thought it was confusing, because they really only have four council- members and one mayor. Mr. Hamernik stated maybe it can be clarified by stating: "...to bring the membership of the Council up to five (5)." The Commission members were in agreement with this change. Mr. Hamernik stated that regarding paragraph number 2 in Section 2.05.01 and the question of whether there should be a statement about a vacancy that occurs only sixty days before the election, he thought they should put a statement in the first section that if there is an election in the second year and if it is close to the general election, then that should be used instead of a special election. Mr. Hunt stated he would prefer "not less than 30 days nor more than 60 days" so there is a 30 day window. So, if the vacancy occurs before an election, it could be squeezed in. If the vacancy occurs less than 30 days before the next election, they probably would not want to combine the two and want to stre�ch it out and have a special election 30 days after the general election. Section 2.05.01 (middle section) of the revision was revised as follows: "If a vacancy is declared to occur before January 1 of the fourth year of the term of office in question, the Council shall call a special election to be held not less than thirty (30) days nor more than sixty (60) days from the time such vacancy is declared." V � CHARTER COMMISSION MEETING MARCH 25 1991 PAGE 5 Section 2.05.02, first sentence of the revision, was revised as follows: "If the vacancy is declared to occur on or after January 1 of the fourth year of the term of office in question, the Council may call a special election as indicated in number 1 above or the remaining members of the Council may..." Section 2.05.03, last sentence of the revision, was revised as follows: �NIf the position of City Clerk is also vacant, the Chief Judge of District Court of the State of Minnesota within whose jurisdiction the corporate offices of the City of Fridley lie shall order such an election." MOTION by Mr. Mittelstadt, seconded by Mr. Rusch, to approve and submit to the City Council for action the revisions to Section 2.J5. VACANCIES IN THE COUNCIL. IIPON A VOICE VOTE, CHAIRPERSON HAMERNIR DECLARED THE MOTION CARRIED. 6. CONSIDERATION OF ITEMS FOR FUTURE DISCUSSION: Review of Chapter 4 by Geraldine Schei and changes to Chapters 2 and 3. 6. OTHER BUSINESS: MOTION by Mr. Backlund, seconded by Mr. Rusch, to congratulate the outgoing officers, Ed Hamernik as Chairperson and Geraldine Schei as Secretary, for a job well done. IIPON A VOICE VOTE, CHAIRPERSON HAMERNIR DECLARED THE MOTION CARRIED. ADJOURNMENT: MoTION by Mr. Mittelstadt, seconded by Mr. Gordon, to adjourn the meeting. Upon a voice vote, Chairperson Hamernik declared the motion carxied and the March 25, 1991, Charter Commission meeting adjourned at 9:15 p.m. Respectfully submitted, ; �� � ,�, �, /. � �c l'_, ` Lynn� Saba Secretary 6G Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager c�� �. PW91-130 FROM: John G. F1ora,rPublic Works Director Ralph Volkma ,�Public Works Superintendent Bob Nordahl,�Operations Analyst DATE: May 1, 1991 SIIBJECT: Recommendation to Receive and Award Contract For the Electronic Automated Fuel Dispensing System, Equipment Control/Repair Part Inventory System and Computer Hardware The City Council approved the advertisement for bid for the Automated Fuel System and Equipment Cost Control/Repair Part Inventory System at their meeting of March 25, 1991. Also, the three new Bennett Fuel pumps were approved and purchased from Hale Companies, Inc. for a total price of $4,267.00. on Wednesday, April 17, 1991, public bids were separately opened for the Automated Fuel Control and Equipment Cost-Control/Repair Part Inventory Systems with options for computer hardware. Eight specifications and bid forms were sent out to automated fuel dispensing companies, for an automated fuel micro chip-key system. Three bids were received and opened. Minnesota Petroleum Service, located in Fridley, submitted the low bid with a Petro Vend Model K-3000L Chipkey System for a total bid of $12,386.02. This bid consists of the system hardware and software for $12,217.00 and the key encoder kit for $624.00 less a deduct for a fuel stand printer and phone modem of ($454.98). Nine specifications and bid forms were sent out to equipment cost control/repair part inventory system software companies. Four bids were received. Streetwise Equipment Manager by Public Service Computer Software, Inc. submitted the low bid for $3,995.00. The bid includes the equipment/vehicle cost control and repair part inventory system plus the fuel interface module. The Company also offers an on-site training seminar for $995.00 for a total bid of $4,990.00. 7 / � CJ7YOF FW DLEY Page Two - PW91-130 Optional bids for supplying computer hardware were received from some of the fuel and equipment system vendors. We did not consider those bids from which we are not selecting the software packages. The Streetwise Equipment Manager bidder would meet the minimum requirements of the combined software packages but doesn't include a printer. In reviewing our needs, it is felt that in order to meet future anticipated requirements, the computer hardware submitted is slow and marginal and does not provide for any expansion capabilities, therefore, we are recommending purchasing off the State Contract a PC computer and printer. This has the added benefit of being able to standardize our equipment as well as maintain this equipment by the same vendor as all the other computers in the City. The equipment requested is a NEC SX 20 (80386 based, 20 MHz) 2 MB DRAM, 42 MB hard drive, 14 inch color monitor with co-processor and wide carriage printer. The cost of this equipment through the State Contract is $3,934.00. The following list is a summary of the costs discussed above: l. New Bennett Fuel Pumps (3) .. 2. Petro Vend Chipkey Fuel System 3. Streetwise Equipment Manager/ Repair Part Inventory system . 4. Computer Hardware (State Bid). . . . $ 4,267.00 . . . 12,386.02 . . . 4,990.00 . . 3.934.00 TOTAL. . . . . . $25,577.02 The City Council identified $45,000.00 in the 1991 Capital Improvement Plan to automate the fuel dispensing system and computerize the equipment control/repair part inventory at the Municipal Garage. We recommend the City Council award the contract for the automated fuel control system to Minnesota Petroleum Service, Inc. for the Petro Vend Chipkey System for $12,386.02 and award the equipment control/repair part inventory software package to Public Service Computer Software, Inc. for the Streetwise Equipment Manager including the training for $4,990.00. We also recommend the City Council approve the purchase of computer hardware from the State Bid for a total of $3,934.00. JGF/BN/ts 7A Engineering Sewer Water Parks Streets Malntenance MEMORANDUM TO: William W. Burns, City Manager �j.� PW91-120 � �. FROM: John G. F1ora,�Public Works Director DATE: May l, 1991 SUBJECT: Justification Analysis for the Electronic Automated Fuel Dispensing and Equipment Control/Repair Part Inventory Systems Security, cost control, economy, and accountability are the four (4) main attributes of installing a micro-chip key automated fuel dispensing and equipment control/repair part inventory system at the Municipal Garage. With the current lock system now in use, we feel that little fuel is actually lost but there is very limited information available as to the tracking of individuals fueling, vehicles fueled, and the times of fueling. Also the current system can be easily compromised when keys are lost. The micro-chip system tracks all vehicles, people, times of fueling, limits the fuel and eliminates the problem of the lost keys. A lost key can be immediately programmed out of the system and a new key coded and issued. The electronic system provides greater security, control, and data acquisition for the fuel dispensing operations. The current lock system requires personnel to read each of the 170 meters located at the pumps once a month to determine the fuel quantities to be charged to the various departments. Al1 readings are compared to the tank inventory and manually balanced each month. The meter readings take approximately one-half hour just to read and record at the pump site. Once all the readings have been completed, it takes approximately 4 hours to calculate and balance the fuel consumed. The control system data is entered via the electronic chip key which then allows the system to generate all the necessary readings and reports instantaneously and without leaving the office. In order to charge back fuel cost on a monthly basis, the Finance Department needs the manually generated fuel and inventory reports. The electronic fuel system will give the Finance Department the � • �: � � Page Two - PW91-121 summary reports they require without any labor hours to manually generate the inventories and costs. Depending on what software/hardware the Finance Department purchases, the electronic fuel dispensing fleet cost control system may be compatible with the Administrative Systems Hardware and potentially the information could be pulled electronically from the Municipal Garage to the Finance Department at the Municipal Center. The underground tank inventories are currently registered in the office electronically by the Veeder/Root System. This system can be incorporated with the electronic micro-chip fuel system. Combining these two (2) systems will produce both tank inventories and fuel consumption on a daily and monthly report. This will keep a constant record of fuel and allow Public Works personnel better control for ordering proper fuel deliveries which will result in lower fuel and delivery costs to the City. An equipment cost control/repair part inventory system can be mutually instituted to control and report all costs associated with each vehicle and piece of equipment. These systems keep track, electronically, of every part, service, sublet, accident, mechanic's labor, etc. A complete record of repair and maintenance costs plus the interface with the fuel system gives an accurate picture of the actual cost per mile or hour that vehicles and equipment operate. Currently, minimal information is kept and recorded manually by Public Works personnel because it is very difficult to manipulate, use and analyze. Repair part inventory control will improve the record of repair parts received and distributed or stored. The system will help reduce levels of stock inventories thereby reducing cost expenditures and be helpful for ordering proper levels of parts needed. This will improve cost accounting for the effective repair part inventory levels which will ultimately reduce overall expenses of the stock room operation. The electronic micro-chip, equipment cost control and repair parts inventory system provides the City of Fridley greater flexibility and economy in regards to security and cost control as well as the opportunity for generating and analyzing data for effective equipment and vehicle replacement and management control for all departments. JGF/BN/ts 7� BID SHEET SUMMARY SECTION A& B: Sections A& B consisted of the general and detailed specification of the Automated Fuel Dispensing System plus the Encoder Kit. SECTION C: Section C consisted of specifications for the equipment/vehicle cost control computer software system. SECTION D: Section D consisted of the specifications for the repair part inventory system. SECTION E: Section E consisted of a general specification for computer PC equipment. The bids received for computer hardware were compared to the State of Minnesota contract bid from AmeriData Corp. 7D a 0 w � a � � 0 a 0 a a A H 00 �! a � a cn z H N z w a � H Q a W D w a 0 H 0 � w 0 z 0 H � O Ei D � � � 0 O •. � � � O� o+ � n � a H a a � � a � W z Q W 3 w � o O A N pHq � c� pHq �� o H H H N S-1 •�-1 O a°°w °z a�i� °z aa�i ri o � � z� � -� � � o a Q a � �� z o A��v A w°�� A H H H � cd .� � .1-� .0 J�I � a°°w °z 3� °z � �� °z O W 'd 'd 'L3 ts' -� +� a� � a� a v a�� o�� � z A •• � o •• o O A H pq H� pq (1 Gq a0°w z z o z z z o �n � � a o 0 0 w o 0 A E� • o U A4 0� N o z ao � ,� w �r �r vr AO �c � � O N O H a' A A O A O O O A Q a z °� °� � °� N�° � aa m oE z° z° � z° �� � z° z° E-� U � ytJ� t/} V� A A xi o1° o\� o\� � � � � � � ¢� O �-I O e-I l0 e-� • r{ M O O d' N di N U O e-1 U �o • r� � � U • � � r� � a �'n � �� ���n H M +� • n �7 H � U e-i � � �', • � o O �+ ���+ �� � z ��rz ���1 � r�i U1�Z �•'i3 +�� +�� -��f� t��tn +�cA� ��� �� �fx v� , �-� ` S� •��n�n � W N �-I ��� H � f-1 UI N�-I UI � 3-I � i"31 ?i � U N � +� � •�-I � O O O O � -�-1 �-�1 N •�-I � td N W rtf Z �, � ••-+ o c� o � o +� +� � u � u x � o � �+ •.� a cn 3 � •� •�+ .-� U z3� 3�+ •� �o �-�O Lr N N� �7�0 •�+a� .�a�� o � m�a +��u � •� z�� - trs.�s�, rt C� c� z••� U 3� N 3 rts a� � c� w w.� •�+ -�+ c� W cn �s o c� +� � a �r m a a� �a u, x� a� iA O -rl O O N O � d' �' M.�'. ,�C N i-I a.3 -r{ r-� r-I �"., .f"., O',.K' �j1 O O rl l� .j"., N�"., M.%"., f� Ol '--I N N� ,iy O�".. O tn �-�I •rl l� rl �li d� +� N tn -rt � M•'-1 � c0 � N O a) cd �-t •�-�I U N W i� d1 � ►�i �-1 !/� .�. �`.�. '�-. Ill �-. E-� N E� r� d1 -�. N M�: 7E BID PROPOSALS FOR EQIIIPMENT VEHICLE COST CONTROL AND REPAIR INTENTORY SYSTEM PROJECT NO. 219 WEDNESDAY, APRIL 17, 1991, 11:30 A.M. BID TOTAL BID OPTIONAL BID COMPANY BOND SECTIONS C& D SECTION E AmeriData State of Minnesota None NO BID $ 3,934.00 Contract Computerized Fleet Analysis, Inc. 1020 W. Fullerton Ave. Suite A Addison, IL 60101 Consolidated Serv. Corp. 2500 Devon Ave. 5°s Elk Grove Village, IL 60007 Digital Data 9700 Newton Ave., S. Bloomington, MN 55341 Fleet Computing P. O. Box 14 69 8�,t'. Albequerque, MN 87191 Fleet Manager System 4858 No. Kansas Kansas City, MO 64119 Hentges Co. 6524 Walker St. #131 Minneapolis, MN 55426 Streetwise Computing 237A Hollant St. Somerville, MA 02144 Trak Engineering, Inc. 2892 E. Park Ave. Tallahassee, FL 32301 Westside Equipment 902 Highway 55 Medina, MN 55340 NO BID $ 8,250.00 � NO BID NO BID None �$ 5,500.00 � NO BID None �$ 11,500.00 �$ 4,145.00 NO BID None $ 3,995.00 NO BID NO BID 7F $ 2,495.00 June 1 � 1990 :<a ::::::::.:::: f;<:: �>���:'�' 1991 CAPITAL IMPROVEMENT PROGRAM PROJECT AREA : �. �7:T:I� FUEL AND PARTS CONTROL GENERAL CAPITAL FUND FUND TRANSFER GENERAL CAPITAL FUND MUNI. CTR. A!R CONDITIONlNG BLDG/LAND TOTAL PROJECT FOR 1991 ,�-A 7 G � ��� �� � ��� �� : ��� �� �� ��� �i � ;,�;� . �; _ �, x � � � - , .�: ��� a . � _ _ .-.� ? ����� x �' - .v ��: .,`p � �. ^ � E � ���.. � ~ "� � u�a e c olce. ���_ _� _ �� . ..� � � � . r �}. � :� . .. _ . .. � , . . �: , _ _ � a� � � ���.= ; =` =' ��` � :� 3f . .. �: ;= �: k:� { '�# �_�.E �...e���+t ' eiro Vend created the C1upKey,�O provide;tleet ��seriiice rs noiper�`ornied -� �-� �'� , , : . v, _... . .. _. _ ...... ., .�. .,,_ ., w _ - � .. . .. _, ... .. ,... _� . a � ,..,�..�, : ��� . .. microchi that can be ro am -�, .<� : � p p g�' �;,�� =�lie ChipKey alsa cludes ��° � ': med and reprogrammed to stut '' � our unique mileage reasonabil �� � r. e.��, � „�„� . � ,r�s= �; your_spec�f'ic fueling needs. Th� - :.ity feature : eYou ���rtnte a�_�� { f4 ;�� ' C1upKey �ts on any key ring and 4� a :,. � minimum and - max�mum ;�.���� ,�: is impossible to duplicate Y� �� .� �---- '=mileage range into the�ChipKeq,F `s �' � "'" `�� Buyuig a new fueling sys�ein � T the next mileage entr� iriast be�� �'` mearis you need to educate yoiir ;� within that range for fuelmg to fi= �� � seyf about the possibilities. With �� �P �* ` . be allowed. Because� cuirent � Y` the new Petro Vend ChipKey, the �j -_mileage is written �iito the ; Y� : : possibilities are truly limitless � " �' �Po ChipKey, the data travels with �,� .� Limitless because the ChipKey ,'� �N`' the vehicle &om point to;pomt �` � adapts perfectly to change. -Be- ."__ .' So it's perfect for multi-site �use <�, . cause everi if your needs haven't changed recently, :„ and you eliminate . costly dedicated phone„yluies. .� _�hey� won't'stay the same forever. �.-° .���Plus the C1upKey �ts perfectly into new or existing `; ��:�{ J� Y :,` Fle�nbility is what makes the�ChipKey smart. ; &3000 Series Systems, saving you time and.moneq �= �'' �:° � :: _ ,� ��= Programming the ChipKey is easy. In fact, you .; on installation. _ .� cari encode them yourself (or Petro Vend will do it :. Fbr more information about the remarkable : for you). Change fuel type: restrictions;and quantity '; -ChipKey, contact your local Petro Vend distributor =� �`" ��T° limits; validate or invalidate keys instantly. You can or call us at Petro Vend. And put your edu'cation to .. even tlag vehicles for:seruiee—and refuse fueling if work for you. ; ?'; � � �_: _._ _.--. _. 6900 Santa Fe Drive • Hodgkins, Illinois 60525-9909 U.S.A. •(708) 485-4200 • Fax: (708) 485-7137 7H Sampte Reports 1. Tranaction Log 2. Personnel Roster 3. Address Book 4. Equipmcnt Roster 5. Out of Service Report 6. Scheduled PM's for Vehicles 7. Overdue PM's Awaiting Parts 8. Supplies on Order 9. Supply Inventory 10. Depreciation of Capital Assets Sampte Transaction Forms 1. Use Transaction (Vehicle Trip Segment) 2. Refuel Transaction 3. Assignment Transaction 4. Out of Service Transaction 5. Repair Transaction 6. Supply Order Transaction 7. Supply Count Transaction 8. Inspection Transaction 9. Expense Transaction Sample Reference Forms 1. General Equipment a. Reference Information b. Warranty* c. Registrations* d. Insurance* e. Preventive Maintenance* 2. Supply Reference 3. Tire Reference 4. Trailer Refer.�nce 5. Vehicle Reference 6. PersonnelInformation S SE Equipment Manager * Warranty, Registration, Insurance and Preventive Maintenance Forms are also available for Tires, Trailers and Vehicle Categories. 7� Engineering Sewer Water Parks Streets �,Maintenance MEMORANDUM TO: William W. Burns, City Manager�rn` PW91-126 FROM: DATE: �, J hn G. Flora,l Public Works Director �,���yde V. Moravetz, Engineering Assistant "l, April 26, 1991 SU BJ ECT: "No Parking" Resolutions for Related 1991 MSAS Street Improvements (73rd Avenue and West Moore Lake Drive) The City is in the process of having our 1991-2 (5tate Aid) proposed street improvements approved by MnDOT. State Aid requires no parking to be posted along an MSAS route if the travelling width of the roadway does not meet their standards. Also the projected traffic volumes are taken into account. 73rd Avenue (MSAS 307) University Avenue to Able Street Improvement plans provide for a 52-foot width, which is the minimum required for an undivided roadway with no parking. If parking is to be permitted, an improved width of 72 feet would be required. West Moore Lake Drive (MSAS 302) 250 feet west of T.H. 65 to T.H. 65 Traffic channelization planned improvements and lane widths require no parking on either side after construction is completed. Attached are the two (2) relating "No Parking" resolutions. Recommend the City Council approve at the May 6, 1991 Council meeting. CVM/ts Attachments � � CIiYOF �WDIEI( �• RESOLUTION NO. -1991 RESOLUTION AUTHORIZING THE POSTING OF ��NO PARRING�� SIGNS ON 73RD AVENUE {M.S.A.S. 307) BETWEEN IINIVERSITY AVENIJE AND ABLE STREET WHEREAS, the "City has planned the improvement of 73rd Avenue (S.A.P. 127-307-09) from University Avenue to Able Street, and WHEREAS, the "City" will be expending Municipal State Aid Funds on this Street Improvement Project No. ST. 1991 - 2, and WHEREA3, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City", has been determined. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the City is hereby authorized to post "No Parking" signs on both sides of the above street between University Avenue and Able Street upon completion of the Street Improvement Project No. ST. 1991 - 2. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF MAY, 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK . � • ►� � � � . � CR• t�TN •Y[ � Hospital 8 Clinics ` MuniCipal 8uildin9s •~�o .� Parks ► P� Post ' Office r � School � rr� a�+WiC Schcol �roperty !�!i;��til Privrne SChod RUpl�Ity . - �, - � � UU L�L-J . � o�wciwrCi•►iw� ---'�I •'-----------------i o . i �'��. :: .��o�e. — e .. ��pRS •at[r � OI �pp � I Y��l[ � r��ol[• r•.o• � Y[D�C�I •I� CW� •6 •r 0 � > U � � 4� ,.,.E . � U � 1�TM •V[NU[ f��C[ t + IYTM[• XUIICN p +, '\ r � 1�•M •V[MIR Y( � 1 > i :, i ' � ` + � - • n : //�\ (� i � o '�,�Tj'. t p Q Y. � i > . tvt��fl�C�l �$Eh /�C( CwU1l[w � � v � , • N[�1 y �------_ ��111- D�• GO. ��� �...�,o,. � �"""" � OF � �� ------_ L" " ' ._ - - - - — — — — — — — � — — -- — — — — � � . �or . �rw wT - — e♦ v �i � � ► � [Yt[~�� •a�• ;� : t: ) ,7 � LOC K E (:� PA R K �� � o� co.. �C[ //��•�[Ny• '� CITT v /- � a.J �� J YAIIA�( � n {Y S EU �� W � �' G. u �` `) ■ wu� .u. ti b � � �, .���o�». � L� � J �' • n �. ~ � ;� � � � 1.-a C: h � � � � � � � �j �' : � � G' �a � � 5� ,�1 �=' � «� . ` b `� t,, `L � G .9 .:' .^._ :.� � �:! � � s . � c.. c. ;, � � ,* �= G,+ (� J v y .��r r�.�r y G• � n lf � l+ n p Q .l �.c��s w� n `J J `, �y O C� C3 �: ` `,! C� � J ; "�� `-' c � � 4 � c:� n � J c'n � � �•' 7 � � _� _ �-�� . , vi.00- - .• ,f t; i� C1111T �—C �t t • � ��ITI• � I . �fA� �� CMYlldt � / Y ! � f '� + J � � � I m f ��C` 7 / � •.woau I " � ,� �, vy ( f . ! �, i � � \ P = Precir I ISPR�NG ` 1T111T(- •�0[R�O' p C0111. v��IM� Cw(Y�OI[T �dG�Q�� _ \ �' r----yi 74T � I � LwQno+ci T. Ktl •0 �� 1 �f i.p ^�YS ci � � � rtor�� � ��'�� i'��r I � ro��� IIIII � �� RESOLUTION NO. -1991 RE30LUTION AUTiiORIZING THE POSTING OF ��NO PARKING�� 3IGNS ON WEST MOORE LAKE DRIVE (M.S.A.3. 302) BETWEEN 250� WEST OF T.H. 65 AND T.H. 65 WHEREAS, the "City has planned the improvement of West Moore Lake Drive (S.A.P. 127-302-10) from 250' west of T.H. 65 to T.H. 65, and WHEREA3, the "City" will be expending Municipal State Aid Funds on this Street Improvement Project No. ST. 1991 - 2, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street proj ect must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City", has been determined. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the City is hereby authorized to post "No Parking" signs on both sides of the above street between 250' west of T.H. 65 to T.H. 65 upon completion of the Street Improvement Project No. ST. 1991 - 2. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF MAY, 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. 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J . -.. a. �' �i. , �.�1�• �-�.�:` �t�.�J����• ��� �..-,.a _ �.,-t � I 1 � 1 '���D[M�' ... iI I' I' I ; ; : . . ; . , . �;���I� •i : , � I I( f � f' i 10� �R�C[ MI�N !CM � ' i, � � . . i ,�... �o.�o, �., � �� ' ��. �� � �,��1 �I���i��i���� �,� ������i����� ��� � � � �� � I I I� � I � i 1 � I I��� Itll�) � I� �I��I 1� I' 1 I'� �: 1����,���„���',��,,����,�, II'I I �I��� ��� I � I II � i I I � I� � I � I � I � i � I I I � I � I � � I If�ll��lli�l����l����llf, T� . 1 -}- � , � T'� �� • � �- � T ` � L �L J �. L �� 1 � 1 ' � I I � � � ,0.4� �...ti � �- i � �. ; � sce r-. � � � � -1 1 . ♦ � + / I 1 � - ; � c' a r. a-: ,.i :a . � L, -� � -� 1 : a" i 1'� � y�' - i �� �..�n .��. , tw�un�r CMIMCM _��� t � � . � 1 • �'�a _ ' ��• �, �� �j� : ;'� �3i .�c �� � ,^,'1 ` `.c.,Q� R � � City of Fridley � Recreation & Natural Resource Department 6431 University Avenue NE, Fridley, Minnesota 55432 ` Phone # 612-572-3570 Fax # 612-571-1287 May 2, 1991 TO: FR: 1 • William W. Burns 1��� City Manager �CI Jack Kirk .%�- Director RE: SPRINGBROOR NATIIRE CENTER LANDSCAPING IN ENTRANCL AREA PROJECT With the completion of the Springbrook Nature Center parking improvements last year, the City is now ready to proceed with the additional planned improvements to the Nature Center entrance area. A landscaping and planting plan has been completed which incorporates funding from several different sources. The plan combines funds remaining in the tornado restoration project, the previously scheduled irrigation system in entrance area, landscaping around new parking lot, and tornado restoration donations raised by the Springbrook Nature Center Foundation. The tornado restoration project funds ($15,823) and the irrigation dollars ($4,824) are encumbrances from the 1988 Naturalist Division budget. The landscaping of the new parking lot area is in the 1991 Capital Improvements Program - Parks Improvement area with an established amount of $7,000. The Springbrook Nature Center Foundation has raised funds for tornado restoration at the park and will contribute $2,353 towards this landscaping project. This provides a total of $30,000 to complete the project. Staff has worked closeZy with a landscape architect, the City Planning Division, and the City Engineering Division to develop the bid specifications. I recommend that City Council approve the attached resolution authorizing the advertising of bids on the Springbrook Nature Center landscaping project. We would expect to bring the bid results and recommendation to City Council on Monday, May 20th. The schedule will allow the completion of this project during the current spring planting season. JK: sj 10 '� .'F.` � •', • • • . •��.�� ! �;•��;�• 1 1 I",• 5 15� , . ..�� . � � • • t� � li •;• 1:5�' 1 • 1 �•� D 15� •;' :11�. •• 1 !!:�•.��' /� •� M.'Y� YLM• �. r. . � ..,• '� .. �S, A tornado in 1986 destroyed most of the ti�ees ar�d shrubs in the entrance area of Springbrook Nature Center, and �EAS, the City Council of the City of Fridley has allocated funds to restore tornado damaged areas within Springbrook Nature Center and to landscape the entxanoe area, NC7W, �L�ZE, BE IT 1ZE50L�7ID, by the City C7oiancil of the City of Fridley, Anoka Cotmty, Mi.nne�sota, as follaws: l. That the Springbrook Nature Center entrance are,a reo�m�ex�ded for lar�dscaPing bY the Naturalist/Resouroe Coordinator be landscal�, ar�d the work irrvolved in said i�rovement sha11 hereafter be designated as: �7�: �..�!:�:,�� : .4 ►�1N ������: _ .n. v: !��, �r.• �a.� 2. The plans and specifications prepared for Springbrook Nature Center for surh im�ravement arid earh of them, pursuant to the Cauncil action heretofore, are hereby appraved and sh,all be fi.led with the City Clerk. - • . .- .- . � c• � .- • � r,:��,��• r� •� «a� Y�� I�.�+� � 1 ...• y •• .- •- . c. •- . - .. The Naturalist/Re.source CoordinatAr shall aa�rdingly prepare atxl caUSe t.o be in.serted in the official newsp�per advextisement for bids upon the making of such i�rovements unclex such approved plans and specifications. �e advertisement shall be �blished for tw� (2) weeks (at least 10 days), and sha11 specify the work to be done and will state that bids will be apened at (9:00 aan. on MAY 20, 1991, in the City Hall, aryd that no bids will be considered w�.ess sealed and filed with the Naturalist/Resaurce Coorrlinator and accampanied by a cash deposit, bid bond, or c�xtified check payable to the City of Fridley for five percent (5%) of the amount of such bid. Zhat the advertisement for bids for �E G� pR�7�7Cr lggl �hal i j� substantially standan� in form. •� �+� • n ������+� : ri « •� «� .• ri « • ��� r� .r �• • .. A'1'1'FST: ��• . . . . , , « �. WILLIAM J. NEE - MAYOR 1 n �o► • M • : ���i•+. �1� . • .. 1 !!: `,� � ' I• 11•J' M� ��' � I�. �/. . � . .,• D Sealed bids wi.11 be reoeived ar�d publicly apP.ried by the City of Fridley, Anoka C�untY. M�nnesota, at the Fridley Municipal Center, 6431 Univexsity Ave, N.E. Fridley, Miruie.sota, 55432, (Ztel. 571-3450) on the 20th day of May 1991 at 9:00 a.m. for the furnishiriq of w�rk and materials for th�e City of Fridley Springbrook Nature Center 7�ndscapina Proj,ect `�''; � Pro7� ��ists of the follawirig principal items of work and approximate quantities. 65 D�eciduous Trees (variaus species) 16 Coniferous Trees (various species) 163 Shrubs (various species) 1600 sq. yard of sod 300 cu. yarrls of topsoi.l Irrigation system installation �trarx:e gate furnished and in.stalled All in aax�rdarice with plans and specifications on file with the Naturalist/Resource (bordjnator� City of �idley, 6431 University Avenue N.E., F�idley, Minnesota 55432 (Tel. 571-3450). P1ans and specifications may be exami,ned at Springbrook Nature Centex, located at 100 85th Avenue N.E., �idley, Minnesota, Copies may be pbtained for the contractors individual use frcan the Naturalist/Resource Coordirlator. Bids must be made on the basis of cash payment for work, and ac,o�panied by a cash deposit, oertified cherac (on a responsible bank in the State of Minne.sota) or a bic�der's bond made payable wi.thout condit�on to the City of Fridley, Minnesota, in an amaunt of nat less than five p�,rcent (5�) of the total amaunt of the bid. Zhe City Council re.setves the ric�t to rej ect ariy and a11 bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By o�ler of the City Council of the City of Fridley, Minnesota, Dated this 6th day of May, 1991. Published: Fridley Focu.s May 8, 1991 May 15, 1991 Siah St. Clair NAZURALSST/R�SOURCE (700RDINATOR 10B � 4 � �—� �. -. ��,— . � a V _ _ � . ; I � k; 3� I'�� ' ��-�7� p � a' � �. y1 . �i : 1 `� b 7M �• �� o � � �=' , . , �� ) ��� � �� � � � � ��� � 1 Y � W� �3 x F. �'` . . �;� : � !� "" y '! 1 '�3 -- � _ �o � I m � I 3 O � � , � ' � 1 �J � m• ; � ��� �� �� � � �� ;:� ' �� ;� i I �(�—� ; ° E ' �� � � ^�� � �� � �� �---� �` �� � 1 � �S � ��. 1 � . . � � � �� �Q,e �� . YI W �° � t—I , 10C �, � �� , � j: � 1 � �.� ��/ / �a r P_ _ �. �. .� � � � . �� � " ' � : _ � �l � i �n� i �--�r;.. � � � � - ��, � �, �l'.� 't i' f i ,j ti � i , �� `.,�,•! —, � y � _._, " �� . �1 . . , _1.�._. -: _ _. � M) � , r � . � \ ' � , �" \ \ y �_; } I . ; �1 � .. � ; � � v �l�_ � �:is;� � J 1: � �i �' ' �L7` I � ..,�:� �p � � �i ��� N�- -�.,: --1 I; I �' � — � I��}� �I• 1� • , .,��) ,� , ;. i �9 � . �' �'�-, ' �� � i t , - i ; � i `, � �i ' i � ' i 1 1 �, �' �� '� • �–�. � � Z �` \� O � � �� i 11 12 � _ FOR CONCURRENCE BY THE CITY COUNCIL LICEN8E8 F��� P1ay 6, 1991 T�rpe Of License: By: Approved By: CIGARETTE Maple Lanes Bowl.Center Automatic Sales James P. Hill 6310 Hyv�. 65 N.E. Public Safety Director Fridley, MN 55432 Ground Round Theisen Vending " � " " 5277 Central Ave. N.E. Fridley, MN 55421 T.R. McCoy's Theisen Vending " 7820 University Ave. N.E. Fridley, MN 55432 JUNK YARDS Fridley Auto Parts Leroy Haluptzok " 7300 Central Ave. N.E. Fridley, MN 55432 Salvage Center dba James Dowds " Certified Auto Rec. Inc. 3737 E. River Rd. Fridley, MN 55421 Central Auto Parts John Buzick " 1201 - 732 Ave. N.E. Fridley, MN 55432 Sam's Auto Parts Stanley Giddings " 1240 - 732 Ave. N.E. Fridley, MN 55432 LIVESTOCK Randall W. Knudson Same 100 Crown Rd. Fridley, MN 55432 George Olson Same b12 Lafayette St.N.E. Fridley, MN 55432 ON SALE BEER �� �� � �� �� �� � �� �� University Station Rest. Ardys J. Smith James P. Hill 7610 University Ave. N.E. Fridley, MN 55432 13 Fees: $12.00 $12.00 $12.00 $350.00 $350.00 " $350.00 $350.00 $10.00 $10.00 $325.00 13A FOR CONCURRENCE BY THE CITY COUNCIL ELECTRICAL Collins Electric Co. 1209 Glenwood Ave N Minneapolis, MN 55405 Hagemann Electric Inc. 17615 Argon St NW Ramsey MN 55303 Maple Grove Heating & A/C 401 County Rd 81 Osseo, MN 55369 EXCAVATING Gene's Water & Sewer PO Box 18526 Minneapolis MN 55418 BLACK'I'OPPING Northern Asphalt Const Inc 11064 Raddison Rd NE Minneapolis MN 55434 GAS SERVICES Economy Gas Installers Inc 6204 France Ave S Edina, MN 55410 Rouse Mechanical Inc. 11348 K-Kel Drive Minnetonka, MN 55343 St. Marie Sheet Metal Inc. 7940 Spring Lake Pk Rd Spring Lk Pk, MN 55432 GENERAL CONTRACTOR Amcon Corporation 200 W Hwy 13 Burnsville, MN 55337 Arvid Carpentry 6711 Quincy St NE Fridley,MN 55432 Gregg LaBonne Mark Hagemann Steve MacDonald Gene Peterson Jeff Dusenka Jim Toohey Gary Danzeisen Paul St Marie Timothy Menning Arvid Krogsven Construction Analysis & Mgmt 7398 University Ave NE Fridley MN 55432 Vergil Florhaug Dailey Homes Inc 11000 Central Ave NE Blaine MN 55434 Jay Thorson 1�8� LICENSEB STATE OF MINN Same , Same DARREL CLARK Chief Bldg Ofcl DARREL CLARK Chief Bldg Ofcl CLYDE WILEY Bldg/Mech Insp Same Same DARREL CLARK Chief Bldg Ofcl Same Same Same Dave's Building & Remodeling 12826 Crooked Lake Blvd Coon Rapids, MN 55433 David Ehne C � Field Co 2940 Harriet Ave S Minneapolis MN 554Q8 Mike Sorensen Metro Building Systems, Inc. 4401 85th Ave N Brooklyn Park MN 55443 Larry Fischer Minnesota Exteriors, Inc. 295 Hwy 55 Hamel, MN 55340 Olson Concrete Company 5010 Hil2sboro A�e N New Iiope , MN 5 5 4 2 8 Pine Ridge Construction 273� - 196th Ave NE Cedar, MN 55031 Viking Home Improvement 4832 - 2 1/2 St IdE Minneapolis MN 5542133 Weikle & Sons 2514 - 24th Ave S Minneapolis, MN 55406 Witcher Construction Co 36Q1 Minn�sota Dr Suite 650 MinneapoZis, MN 55435 �F,,,�TINC Maple �rove Heating & A/C 401 Countp Rd 81 Osseo, MN 55369 Rouse Mechanical Inc. 113a8 K-I�el Drive MinnetQnka, MN 55343 St. Marie Sheet Metal Inc. 7940 Sgring Lake Park Rd Spring Lake Park, MN 55432 Rabin Reichel Edward Anderson Tim Kellp Llopd Merrill Willard Weikle Ken Styrlund Steve MacDonald �ary Dan2ei.sen Paul St. Marie ��U1rIBING Culligan Soft Water Service 6030 Culligan Way Minnetonka, MN 55345 John Packard 13C Same Sam� Same Same same Same same same Same CLYE3E WILEY Hldg/Mech Insp Same Same STATE OF MINN Del�on Plumbing Inc 1308 42 1/2 Ave NE Columbia Heights, MN 55421 Werner, Gregg Plumbinq 11501 - 65th Way N Maple Grove, MN 5536� ��FI '� AWR Tnc 3023 Snelling Ave S Minneapolis, MN 55406 McPhillips Bros Roofing Co 2590 Centennial Dr North St Faul, MN 55i09 SIGN SRECTOR DeMars Signs, Inc. 4040 East River Rd NE Fridley, MN 55421 �,�iILER 12MS Company 7645 Baker St NE Fridley, MN 55432 David Olson Gregg Werner George Herios John McPhillips Desiree DeMars 7645 Baker Street 13D Same Same DARREL CLARK Ch3.ef Bldg Ofcl Same DARREL CLARK Chief Bldq Ofcl RENEAIAL 14