09/10/2001 - 4711FRIDLEY CITY COIINCIL MEETING
�a�ir ATTENDENCE SHEET
Mandc�y, Se��embe�c 10, 2001 �
7:30 P:M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
ITEM
_____... ..�..,�, ..,rT,a,,T�,� annnL+cc NUMBER
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` CITY COUNCIL MEETING OF SEPTEMBER 10, 2001
qTY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
' national origin, seY, disability, age, marital status, seYUal orientation or status with regard to public
assistance. Upon request, accommodation �vill be provided to allo�v individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons �vho need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at
572-3�00 at least one week in advance. (TTD/�72-3�34)
PLEDGE OF ALLEGIANCE.
PROCLAMATION:
National Breast Cancer Awareness Month — October, 2001
National Mammography Day — October 19, 2001
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
' City Council Meeting of August 27, 2001
y
OLD BUSINESS:
1. Second Reading of an Ordinance Recodifying
the Fridley City Code by Amending Appendix F
to Provide for the Adjustment of Salaries for the
Mayor and Councilmembers in Accordance with �_ 2
Section 2.07 of the Charter of the City of Fridley .........����•�•�����•�•�•�•�••�•��•��•��•
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001
PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
2. Second Reading of an Ordinance Amending
Chapters 205, 206 and 603 of the Fridley City
Code Pertaining to Fire Protection Requirements ........................................ 3- 7
3. Request for a Variance Extension, VAR #00-23,
by Marti Povlitzki, for the Construction of a Garage
Addition and the Expansion of a Front Entryway,
Generally Located at 369 Hugo Street N.E. (Ward 3) ..................................... 8- 9
4. Resolution Approving a Plat, P.S. #01-03 (Skywood
Manor, by Bruce Nedegaard) to Replat Property
for the Purpose of Creating Lots to Allow Construction
of New Single Family Homes, Generally Located at
5353 Fillmore Street N.E. (Ward 2) .............................................................. 10 - 17
5. Approve a Development Agreement for a Final Plat,
PS #01-03, by Nedegaard Construction Company,
to Divide Property into Four Single Family Lots, `
Generally Located at 5353 Fillmore Street N.E. (Ward 2) ............................. 18 - 24
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6. Appointments — City Employees ................................................................... 25
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
7. Claims " 26
.....................................................................................................
8. Licenses ......................................... 27 - 30
..............................................................
9. Estimates ...................... 31 - 37
................................................................................
ADOPTION OF AGENDA.
OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes.
PUBLIC HEARINGS:
10. Consideration of a 3.2% Malt Liquor License
Application from Oriental House Restaurant,
Generally Located at 5865 University Avenue ...._ 38 - 39
N.E. (Ward 1) ................................................................................................
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2001 PAGE �t
PUBLIC HEARINGS (CONTINUED)•
11. Consideration of an Ordinance Amending
the Fridley City Code to Repeal Chapter 113,
Entitled "Solid Waste Disposal and Recycling
Collection: and Adopt a New Chapter 113 ......................................................... 40 - 59
NEW BUSfNESS:
12. Informal Status Reports ..........................................................
........................... 60
ADJOURN.
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NATIONAL BREAST CANCER
A wARENESS MONTH
�
NATIONAL 11IAMMOGRAPHYDAY
0
WHEREAS, October ?001 is National Breast Cancer Ativcrreness 1�lonth; and
WHEREAS, October 19. 2001, is Vational Mammography Day; and
WHEREAS, an estimated 192, 200 new cases of female breast cancer will be
diagnosed in 2001 and �0,200 tivill die from the disease; and
WHEREAS, an estimated 1,�00 netiv cases of male breast cancer will be diagnosed
in 2001 and -100 will die from the c�isecrse; and
WHEREAS, early detection and prompt treatment can significantly reduce suff�ering
and deaths causec� by this disease: and
WHEREAS, mammography, an "x-ray " of the breast, is recognized as the single
most effective method of detecting breast changes that may be cancer long before
physical symptoms can be seen or felt.
NOW THEREFORE, BE IT RESOLVED, that 1, Scott J. Lund, _1�Iayor of the Citv of
Fridley, do hereby proclaim the month of October, 2001 a.s
NATIONAL BREAST CANCER AWARENESS MONTH
and F'riday, October 19, 2001, as
NATIONAL MAMMOGRAPHY DAY
in the Ciry of Fridley, Minnesota.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the seal of the City
of Fridley to be a�xed this lOth day of
September, 2001.
SCOTT J. LUND, MAYOR
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL
OF AUGUST 27, 2001
The Regular Nleeting of the Fridley City Council was called to order by Mayor Lund at 7:30
p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings,
Councilmember Wolfe and Councilmember Bolkcom.
MEi�TBERS ABSENT: None.
PROCLAMATIONS:
�Yational Alcohol and Drug Addiction Recovery Month - September, 2001
Mayor Lund stated that substance use and addiction result in huge societal and economic costs.
This proclamation celebrates the tremendous strides taken by individuals who have undergone
successful treatment.
Nationa! Prostate Cancer Awareness Month - September, 2001
Mayor Lund stated that prostate cancer is the most commonly diagnosed non-skin cancer in men.
Increased awareness and use of early detection practices by men is essential to controllinQ
prostate cancer.
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the Proposed Consent Agenda as presented.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
- MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES: City Council Meeting of August 13, 2001.
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001 PAGE 2
OLD BUSINESS:
1. ORDINANCE NO. 1157 AMENDING CHAPTER 205 OF THE FRIDLEY CITY
CODE PERTAINING TO FRATERNAL ORGANIZATIONS' SPECIAL USE
PARKING IN R-3 DISTRICTS (ZONING TEXT AMENDMENT, ZTA #01-03:
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1157 ON THE
SECOND READING AND ORDERED PUBLICATION.
NE�V BUSINESS:
0
2. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY
CODE BY ANIENDING APPENDIY F TO PROVIDE FOR THE ADJUSTNIENT
OF SALARIES FOR THE NIAYOR AND COUNCILMEMBERS IN
ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CHARTER
OF THE CITY OF FRIDLEY:
Mr. Burns, City Manager, stated that this provides for a four percent (4%) salary increase
for Council for the year 2002. Mayor Lund would receive $9,448.40, Councilmember
Barnette would receive $7,760.48, and the remaining Council members would receive
$6,860.88. Staffrecommended Council's approvaL
WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST
READING.
3. RESOLUTION NO. �1-2001 CONSENTING TO THE HOUSING AND
REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY,
MINNESOTA, ADOPTING A 2001 TAX LEVY COLLECTIBLE IN 2002:
1�1r. Burns, City Manager, stated that this is a continuation of an e;cisting levy that is
allowed by State la�v. The levy equals .0144 % of the taYable market value on all real
property and produces about $200,000 per year to be used to support the HRA. Staff
recommended Council's approval.
Councilmember Bolkcom stated that this equates to about $19 and under.
ADOPTED RESOLUTION NO. 41-2001.
4. RESOLUTION NO. 42-2001 AUTHORIZING THE ISSUANCE AND SALE OF
$2,575,000 VARIABLE RATE DEMAND REVENUE REFUDING BONDS,
SERIES 2001 (FRIDLEY BUSINESS PLAZA LIMITED PARTNERSHIP
PROJECT):
Mr. Burns, City Manager, stated that the initial Commercial Development Revenue
Bonds were issued in 1986 to construct the building at 7110 University Avenue. The
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001
PAGE 3
5.
bonds were issued for $2,800,000. The City has no liability since this is a conduit
refinancing. Staff recommended Council's approval.
ADOPTED RESOLUTION NO. 42-2001.
r.,r,.T �TTT�,,.� �n �z_�nn� Ai1THORIZING THE FORGIVENESS OF A$7
1<L` JVi�v a av.. • • ---' '- - -
LOAN TO THE FRIDLEY HISTORICAL SOCIETY:
Mr. Burns, City Manager, stated that the Fridley Historical Society President, Suzanne
Nliskowic, has requested forgiveness of the 1989 loan the City to the Historical Society
for a sprinkler system. The Historical Society does serve a public purpose. Staff
recommended Council's approval.
ADOPTED RESOLtiTION NO. 43-2001.
6. SCHEDULE A PUBLIC HEARING FOR SEPTEMBER 10,
2001,
TO REVIEW A
PROPOSED 3.2% MALT LIQUOR GENERALLY LOCATED NAT 586�
ORIENTAL HOUSE RESTAURANT,
UNIVERSITY AVENUE N.E. (WARD �
v1r. Burns, City Nlanager, stated that staff recommended that Council set a public hearina
for September 10, 2001, regarding this matter.
SET THE PUBLIC HEARING DATE FOR SEPTEMBER 10, 2001.
7, CLAINIS:
APPROVED PAYNIENT OF CLAIM NOS. 101104 - 101316.
g. LICENSES:
APPROVED ALL LICENSES AS SUBMITTED.
9, ESTIMATES:
- Approved estimates as follows:
Dave Perkins Contracting, Inc.
� 14230 Basalt Street N.W.
Ramsey, MN 5�303
2001 Street Improvement Project
No. ST. 2001 - 1 $105,732.15
Estimate No. 4
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001
Lametti & Sons, Inc.
16028 Forest Boulevard North
Hugo, MN 55038
Sanitary and Storm Sewer Lining
Project No. 337
Estimate No. 1
$ 24,006.50
No persons in the audience spoke regarding the consent agenda items.
ADOPTION OF AGENDA:
PAGE 4
MOTION by Councilmember Bolkcom to adopt the agenda as presented with the addition of
Item 18A. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING
MOTION CARRIED UNANINIOUSLY.
OPEN FORUNI, VISITORS:
AYE, MAYOR LUND DECLARED THE
Mr. Roger Stene, 870 Pandora Drive, stated that he has lived in Fridley for 41 years and always
had concerns about the water we drink in our City. He tried to use water filters but they would
only last a week and then they would clog. He finally found some that would work and
connected them. He removed the filter in 1994 and it was clean. That was before the City was
connected to the New Brighton system. After the connection, the filter was very dirty and
brown. He recently took out a water filter, and he does not know what is growing on the outside
of the filter. The water has progressively deteriorated even though the City and government say
it is fine. He thought the City should check the water more often. In 1980, chloramine, which
may cause cancer, was put in the water. He ended up getting cancer. He is fine now but his son
has a skin irritation problem that acts up when the filters need to be changed.
Mayor Lund thanked him for his input and said he would refer this to City staff for further
review.
Mr. Buss Wagner, 181 Rice Creek Terrace, stated that the Springbrook Nature Center is costing
the City of Fridley around $250,000 per year to operate. When it was proposed it was supposed
to be self-sustained with grants and personal donations. He would prefer to see it used as a more
profitable business such as a golf course. He thought it should be put to a vote by the citizens of
Fridley.
Mayor Lund asked if he would like more information from City staff.
Councilmember Bolkcom stated that a fair amount is spent on every park in Fridley.
Y
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001 PAGE 5
Mr. Wagner stated that they should have a definite count of the number of people going there per
year to justify spending the money on the Nature Center.
Mayor Lund stated that this has been debated since 1973.
Mr. Burns, City Manager, stated that the City is spending $280,820 this year. Every two years a
survey is conducted and one of the questions asks people whether they visit the Nature Center.
The results of the last survey indicate that 30 to 31% do use it. Further, 11% attend programs
held there. No other City eYpenditure is broken down on an individual basis either for expense
or participation.
Mr. Wagner asked when this started costing the City of Fridley money.
Councilmember Barnette stated that it started three years after the referendum.
Mr. Wagner stated that it may be time to have another referendum. Most people do not know
that this is costing them money.
Mayor Lund stated that it is only one out of 43 parks and every park is costing money.
Councilmember Wolfe stated that when they do this survey maybe they should tell the residents
the cost and see how differently the question is answered.
Councilmember Bolkcom stated that possibly the costs for a lot of programs could be included.
PUBLIC HEARINGS:
10. CONSIDERATION OF THE STATUS OF A S�IALL PARCEL OF PROPERTY
WITHIN THE GATEWAY EAST DEVELOPiVIENT PLAT (WARD 1)
(CONTINUED FROM AUGUST 13, 2001):
MOTION by Councilmember Billings to reopen the public hearing. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS REOPENED AT 8:00 P.M.
Mr. Hickok stated that this is to let the public know the public hearing on this matter would be on
September 10. The City is considering an amendment to Chapter 113 of the City Code which is
the Solid Waste Disposal Chapter. This text amendment covers container size and placement of
containers for collection. We are updating the recycling portion of the chapter also and
modernizing the language.
Councilmember Bolkcom asked if there would be more information in the agenda packet.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001 PAGE 6
Mr. Hickok stated that there would be. Council will receive both ordinance amendments. Please
call Julie Jones, the Recycling Coordinator, at (763) 572-3594, if there aze any questions.
MOTION by Councilmember Barnette to continue the public hearing until September 10, 2001.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CONTINUED TO
SEPTEMBER 10, 2001.
11. CONSIDERATION OF THE STATUS OF A SMALL PARCEL OF PROPERTY
WITHIN THE GATEWAY EAST DEVELOPMENT PLAT WARD 1
(CONTINUED FROM AUGUST 13, 2001):
MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:03 P.M.
Mr. Hickok, Community Development Director, stated that this small pieee of property belongs
to the City, not the HRA. This is a small remnant parcel that remained after the University
Avenue fronta�e road was vacated for the development. It is 312.5 square feet and was intended
to be conveyed. It was erroneously overlooked by the surveyor and the title company. The land
remains under ownership of the City and a townhome is planned to be placed over the corner of
this parcel. Conveyance is important to the layout of the development. Closing on the sale of
the Gateway East property has occurred and staff committed to take this to Council. Staff
recommended that Council hold the public hearing, state for the record the intention to declare
the land excess, and deed the land to the developer.
Councilmember Billings stated that at the last meeting this was indicated to be a very small piece
of property and that the City had no reasonable use for it.
Mr. Hickok stated that was correct.
MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:06 P.M.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001 PAGE 7
NEW BUSINESS:
12. DETERMINE THE STATUS OF A SMALL PARCEL OF PROPERTY WITHIN
THE GATEWAY EAST DEVELOPMENT PLAT (WARD 1):
MOTION by Councilmember Billing�s too eed rwithedeeding the p operty o the appropriate
appropriate City staff and officials p
' persons. Seconded by Councilmember Bolkcom.
_ UPON A VOICE VOTE, ALL VOTING AYE, viAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. FIRST READING OF AN ORDINANCE A�IENDING CHAPTERS 205, 206, AND
603 OF THE FRIDLEY CITY CODE PERTAINING TO FIRE PROTECTION
REQUIREMENTS:
Mr. Hickok, Community Development Director, stated that this is to consider the adoption of
Chapter 1306 regarding "Special Fire Protection Systems" of the Minnesota Building Code.
Staff is requesting consideration of a teYt amendment to the City Code and the elimination of
Section 205.04.08 of the Zoning Code called "Fire Protection Requirements" and portions of
Chapter 603.03, Intoxicating Liquor. Both of those sections would be replaced by adopting
Chapter 1306, entitled "Special Fire Protection Systems'' of the Minnesota State Building Code
by amending Chapter 206 of the City Code. The City Attorney advised that the City's current
sprinkler system legislation should not be Predinterest ofZfirenandr 1 fe safety r sprinklerssy t ms
that its current state is unenforceable. In th
have a proven record of reducing life and property loss.
Mr. Hickok stated that Chapter 1306 of the State Building Code, is recommended by the State to
communities who wish to have an enforceable sprinkler system. Chapter U06 has a
minimum/maximum standard, which means that municipalities that adopt that section are not
allowed to change the requirements to make it more or less restrictive. Chapter 1306 of the State
Code increases the floor area for having an occupancy classification change. The only discretion
the City has is the choice to make it 2,000 or 5,000 square feet for ne�v construction. Staff has
chosen the 2,000 square foot option. The Fire Department can successfully handle a 2,500
square foot area without calling for assistance. Staff recommends a 2,000 square foot
- requirement for sprinkler systems in new construction. Buildings with increased floor area or
occupancy change will be affected. Many City permitted building projects will not be affected.
From 1993 to 2000, 884 building permits were issued. Of those, only 16 would have been
+ affected by this amendment. Other cities in the area h�oval� St ff recomm nded approvalumbia
Heights. The Planning Commission recommended app
Councilmember Bolkcom asked why Columbia Heights did not adopt this.
Mr. Hickok stated they are considering it, but have not chosen to adopt it yet.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001
PAGE 8
Mayor Lund asked if this affects a homeowner's fire insurance. Will it improve the rating for the
City when outside sources review the fire code?
Mr. Hickok stated that the insurance rating is predicated on a number of different thin s. The
adoption of a sprinkler ordinance will have a positive effect. g
Mr. Burns, City Manger, stated that it may help maintain what we have.
Mr. Hickok stated that studies have shown that buildings with sprinkler systems are less
damaged and insurance companies are impressed.
Nlayor Lund asked if the business communities had any comments on the 2,000 square feet
minimum requirement.
Mr. Hickok stated that some industry owners were clear about it and seemed okay with it.
MOTION by Councilmember Barnette to waive the reading and approve the ordinance on first
reading. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14• VARIANCE RE(
r u1v�;KAL H
UEST, VAR #01-10, BY JAMB ARCHITECTS FOR MILLER
�, TO REDUCE THE FRONT AND SIDE YARD SETBACKS
`�H ALLOW THE CONSTRUCTION OF THREE ADDITIONS, GENERALLY
LOCATED AT 6210 HIGHWAY 65 N.E.:
1�1r. Hickok, Community Development Director, stated that Miller Funeral Home is seeking three
variances: a front yard setback on the northeast side of the building from 80 feet to 58.25 feet, a
side yard setback on the north side from 15 feet to 3.7 feet, and a side yard setback on the
southwest side from 80 feet to 37.4 feet. This would allo�v the construction of an addition that is
3,601 square feet on the existing building. He stated that in 1963, setbacks were granted for
parking stall and driveway locations. In 1967, a building permit was issued for Miller Funeral
Home. In 1987, a variance was granted to reduce the side yard setback from a corner to 25 feet.
In 1993, a variance was granted to reduce the side yard setback to three feet to allow the hearse
enclosure seen on the north side of the building. In 1996, a variance was granted to reduce the
side yard setback and additional side and rear yard variances were denied. In 1998, a variance
was granted to reduce the side yard setback on the south side to 37 feet.
Mr. Hickok indicated that the addition on the north side would be used for garage space. On the
side yard, this would allow the construction of a 60' x 1?.65' addition to be used for storage and
garage space. The north side would be squared off for more space. The front yard addition on
the northeast corner would square off the notched area and the roof would continue down the
front and side as well. The side yard setback would provide adequate open space around the
commercial structure and maintain visibility. In 1993 a variance was granted to reduce that side
yard from 15 to ; feet for the hearse enclosure. If the variance is granted, the entire length of the
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001 PAGE 9
building on the north side would be more intrusive to the adjacent property owner, Skyline
Veterinary Hospital. Staff stipulated an additional architectural treatment be designed to add
visual interest to the 120 foot featureless wall. The side yard setback on the corner lot is to
create the addition which will be used for chapel �vorship, display and office space. The total
square footage of the building will be 11,749 with lot coverage at 14%, well below the allowed
40%. Parking requirement is at a minimum of 66 parking spaces and currently has 83 with a
reciprocal agreement with St. Phillip's Church to the south. The petitioner's summary of
hardship states. Changed usage of the building to single locale requires more storage/viewing
space. In the mid-1990's Miller Funeral Home, Inc., sold two of it locations, retaining only the
- Fridley site. Due to this occurrence and OSHA regulations regarding embalming, they have had
to maYimize the use of the space within the building. The variances would allow more efficient
use of the interior for gatherings and storage."
Mr. Hickok stated that at the August 8 meeting, the Appeals Commission recommended
approval as three variances if they were within their previously granted dimensions. Staff has no
recommendation as it is within previously granted dimensions on the site.
MOTION by Councilmember Wolfe to approve VAR #01-10 with the following five
stipulations.
1. Petitioner shall obtain any required permits prior to beginning construction.
2. Parking lot to be restored to Code requirements for paving, curbing, and painting after
the addition is completed.
3. The additions shall be architecturally compatible with the eYisting building and
finished with the same siding and color scheme.
4. Landscaping on the north side of the building to be restored to Code requirements
after the addition is completed.
5. Because the design submitted for the north side of the building will be 3.7 feet from
the property line and will have a visual affect on adjacent properties, an architectural
treatment designed to add visual interest and break-up the aesthetics of a 120 foot
featureless wall shall be reviewed and approved by staff prior to issuance of a
building permit.
Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001
PAGE 10
15. RESOLUTION NO. 44-2001 CERTIFYING PROPOSED TAX LEVY
REQUIREMENTS FOR 2002 TO THE COUNTY OF ANOKA:
Mr. Pribyl, Finance Director, stated that this proposed levy complies with State law and the City
Charter requirements. The total proposed levy for the General Fund for 2002 is $5,507,313. The
total proposed levy is $5,613,131 with the Watershed District Funds. This is 33 1/2% higher
than what was approved last year. Changes in the property tax law caused this increase. The
City's HACA loss is at $1,069,173 and LGA loss is $130,781. The PERA increase is at $17,202.
The proposed levy cannot go up any further, but the City has the option to reduce this as we go
further into the year. The increase in the levies allowed by the State will be offset bv the
reduction of the School District Levy eliminated by the State. Since 1992, we have had nominal
increases in the levy.
Councilmember Barnette stated that this is a result of actions by the State legislature.
Mr. Pribyl stated that was correct. CPI-U is the price index for the metro area and was targeted
for the Charter requirement that was initiated by the group of citizens in Fridley. We cannot
increase above that without a special resolution passed before Council. We measure this on a
regular basis, and 4.2% is the last annual total in the metro area. HACA is the Homestead
Agricultural Aid that has been removed from City funding and is now used to fund the schools.
Mayor Lund stated that if we went above the 4.2%, we would need a vote by the citizens.
Councilmember Billings stated that this is the amount certified to Anoka County in September.
MOTION by Councilmember Bolkcom to adopt Resolution No. 44-2001. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
16. RESOLUTION NO. 45-2001 ADOPTING THE PROPOSED BUDGET FOR THE
FISCAL YEAR 2001:
Mr. Burns, City Manager, stated that the 2002 preliminary budget overall proposes to spend
$15,709,956. About two-thirds is for the General Fund and the other is for Capital
Improvements. The General Fund increase is $904,209, up about 7.8%. We project a cost of
living cost of about 4 percent for employees. We also have a very large health insurance
increase of $2;8,619. Two police officers were grant funded last year and now are funded with
local money at a cost of $115,000. One person, the Fire Captain, has a cost of about $64,000.
The total increase for Capital Improvements is $642,400. The budget is preliminary and will be
examined by Council at the October 15 conference session. The public hearing on the budget
will be held on December 3.
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001
MOTION by Councilmember Wolfe to approve Resolution No. 45-2001
Councilmember Barnette.
PAGE 11
Seconded by
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
17. RESOLUTION NO.
SPECIFICATIONS AND
VARICHAK ADDITION:
46-2001 RECEIVING FINAL PLANS AND
ORDERING UTILITY PROJECT NO. 342 -
Mr. Haukaas, Public Works Director, stated that a public hearing was held August 13 for this
project. This is for installation of sewer and water utilities to two properties that were created as
part of the Varichak plat. This is a means to get utilities to those lots and move the project
forward.
Councilmember Billings asked if this is relative to a replat of property that was one lot that had
sewer and water service to it and replatted to three lots. This would be for the two new lots?
Mr. Haukaas stated that was conect.
Councilmember Billings asked if manholes were necessary to make the connection.
Mr. Haukaas stated that the distance from the existing public utilities is one factor. The
excessive depth of the utilities requires a manhole.
Councilmember Billings stated that in a typical situation, a manhole is not required.
Mr. Haukaas stated that was correct.
Councilmember Billings asked if the fact that the extensive cost of the manhole, this is a reason
it was in the original development package for the plotting of the property a couple of years ago.
Mr. Haukaas stated that the installation of utilities is something that is requested on every lot
split.
Councilmember Billings asked if lots are platted, the typical route is to provide sewer and water
stub to the property line.
Mr. Haukaas stated that was correct if it was a single plotted lot.
Councilmember Billings asked if the cost would be assessed to the adjacent properties benefiting
from that.
Mr. Pribyl stated that was correct.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001
PAGE 12
Councilmember Billings asked if the additional connections to the sewer and water would
require a sewer and water connection fee.
Mr. Haukaas stated that was correct.
Councilmember Billings asked if the lot purchasers' request was for the City to proceed as
expeditiously as possible to provide sewer and water so they can proceed forward with
construction on one of these lots.
Mr. Knaak stated that at least one of the landowners stated that.
Councilmember Billings stated that this is not unlike a sewer and water project the City would do
in an area where there was not any sewer and water. It is not unreasonable that the Citv
construct this as a public utility project. '
Mr. Knaak stated that was correct.
Councilmember Billings stated that this provides for the awarding of the contracts to do the
installation. At a future time, when the costs are known, the Council will take action on how to
recover the costs.
Mr. Knaak stated that was correct.
Councilmember Barnette asked if this provided for the utilities to be constructed.
Mr. Haukaas stated that this orders the project. This does not award the project. There is no
assessment at this point.
Councilmember Bolkcom asked if the interested parties in this were notified of this resolution
tonight.
Mr. Knaak stated that it is public record.
Mr. Haukaas stated that no separate notice was sent out but the parties were aware this was
before Council tonight.
Councilmember Bolkcom asked if there is reason to notify anyone.
Mr. Knaak stated that there was not beyond what has already occurred. This came up as part of
the discussion and was discussed with representatives of the parties.
MOTION by Councilmember Billings to adopt the Resolution No. 46-2001. Seconded by
Councilmember Bolkcom.
0
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001
PAGE 13
UPON A VOICE VOTE, COUNCILMEMBERS B�ETTEBAND WOLFED VI�T OG
LUND VOTING AYE, COUNCILMEMBERS
NAY, MAYOR LUND DECLARED THE MOTION CARRIED 3-2.
lg, RECEIVE BIDS AND AWARD CONTRACT FOR UTILITY PROJECT NO. 342,
VARICHAK ADDITION (WARD 2):
Mr. Haukaas, Public Works Director, stated that in March se ametti &r Sonss in the aamounh of
for installation of sewer and water. The low bidder was L
$21,5750.00. They agreed to honor the bid. We are in compliance of all laws and feel we are
presenting the best price to you.
Councilmember Billings asked if any determinations at this time were made by Council for
assessments and ho�v to cover the costs.
Councilmember Barnette asked if these bids would be available to the buyers and sellers of the
properties, minus the 8% inspection fee.
Mr. Haukaas stated that this price is for whoever wants to hire them.
Councilmember Bolkcom asked if there would still be a City fee.
Mr. Haukaas stated that �vas correct. A right-of-wa ep�erm1tThis is tandard us d toecover City
required for the permit to be entered into record for th ould still need to hire an engineer and
costs. If it was moved forward by the homeowners, they
it would most likely cost more.
MOTION by Councilmember Bolkcom to award Utility Project No. 342 to Lametti & Sons in
the amount of $21,570. Seconded by Councilmember Billings.
UPON A VOICE VOTE, COUNCILMEMBE BARNETTE ANDI W4LFE VIOTING
LUND VOTING AYE, COUNCILMEMBERS
NAY, MAYOR LUND DECLARED THE MOTION CARRIED 3-2.
18A. APPOINTMENT - CITY COMMISSION:
Mayor Lund stated that Mr. Gary Zinter has applied to be on the Appeals Commission.
MOTION by Councilmember Bolkcom to appoint Gary Zinter to the Appeals Commission.
Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2001
PAGE 14
19. INFORMAL STATUS REpORTS:
Mr. Burns stated that a hearing on the camper/trailer issue has been scheduled for September 17.
Councilmember Bolkcom stated that the Locke Park picnic shelter is beautifui with
improvements. Anoka County will repave the asphalt by next year hopefully. It is a cooper t e
effort and Anoka County takes reservat i o n s f o r t h e p i c n i c s he l ter. T he Historical Society event
on September 10 starts at 7:00 p.m.
Mr. Burns stated that there are several public hearings, but the meeting can be moved to 8:00
p.m.
MOTION by Councilmember Bolkcom to change the start time of the September 10 Council
meeting to 8:00 p.m. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Barnette stated that with school starting, he would urge everyone to abide by the
stop signs and follow traffic signals, especially at the elementary schools.
ADJOURN:
MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember
Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
AUGUST 27, 2001, CITY COUNCIL MEETING ADJOURNED AT 9:03 P.M.
Respectfully submitted,
Signe L. Johnson
Recording Secretary
Scott Lund
Mayor
0
!
f
GTY OF
FRIDLEY
� TO:
. FROM:
DATE:
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0
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10, 2001
William W. Burns, City Manager�����
Deborah K. Dahl, Human Resources Director `�,1, '
September 6, 2001
SUBJECT: Council Salaries
Attached for second readin�` is an ordinance to increase Council salaries by 4 percent (4%)
effective January� 1. 2002, and for subsequent years. The ordinance was prepared pursuant to
Chapter 2.07 of the Fridley City Charter which states:
"Section 2.07.1 SALARIES AND EXPENSES.
The i�lavor and each Councilmember shall receive reasonable remuneration or salary,
the annual amount and payment of which shall be prescribed by ordinance duly adopted
on or before November 1 st of the year preceding payment of the same. When
authorized by the Council, its members shall be remunerated for their reasonable
expenses incurred in connection �vith the City's business. The City Manager and all
subordinate officers and employees of the City shall receive such reasonable
compensation as may be fixed by the Council."
Staff recommends Council's approval of the second reading of this ordinance.
Attachment
1
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY
AMENDING APPENDIX F TO PROVIDE FOR TI� AD,TUSTMEi�T
OF SALARIES FOR THE N1AypR AND COUNCILMEMBERS IN
ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE
CITY OF FRIDLEY
The City Council of the City of Fridley does hereby ordain as follows:
The annual salaries for the Nlayor and Councilmembers durin, 200� and subsequent years shall be as
follows: `
Mayor
Counc ilmember-at-Large
Councilmember, Ward I
Councilmember, Ward II
Councilmember, Ward III
$9,448.40
$7,760.48
$6,860.88
�6, 860. 88
$6,860.88
In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time
authorized employees of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF SEPTEMBER, 2001.
ATTEST:
SCOTT J. LUND - MAYOR
0
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DEBRA A. SKOGEN - CITY CLERK
First Reading: August 27, 2001
Second Reading:
Publication:
2
/
�
anr oF
FRIDLEY
AGENDA ITEi�1
CITY COUNCIL MEETING OF SEPTENIBER 6, 2001
Date: September 4, 2001
;y
To: William Burns, City Manager y�,���
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Bulthuis, Planner
RE: Second Reading for ZTA #01-04
M-01-129
INTRODUCTION
City Staff is requesting consideration of a text amendment to the City Code that
will eliminate section 205.04.08 of the Zoning Code, "Fire Protection
Requirements" and portions of Chapter 603.03, Intoxicating Liquor, Application."
Both of these sections will then be replaced by adopting Chapter 1306, entitled
"Special Fire Protection Systems" of the Minnesota State Building Code by
amending Chapter 206 of the City Code.
Adopting Chapter 1306 of the Minnesota State Building Code requires any
existing building increased in floor area or having an occupancy classification
change to be sprinklered. The only discretion given to the City is in the 2,000 or
5,000 square foot option for new construction. City Staff has chosen the 2,000
square foot option because it is more restrictive. The Fire Department has the
manpower to handle fires in 2,500 square foot building without sprinklers,
anything over that would require additional fire fighting reinforcement. For
example, a building at 3,500 square feet would require additional fire assistance.
Adopting the 2,000 square foot option would ensure that a building of this size
would have a fire suppression system.
PAST COUNCIL ACTION
At the August 13, 2001 City Council Meeting, a public hearing was held for ZTA
#01-04. At the August 27, 2001 City Council Meeting, the first reading was held
for ZTA #01-04. After reviewing the proposed zoning text amendment, the City
Council recommended approval of the zoning text amendment request. The
motion carried unanimously.
�
STAFF RECOMMENDATION
City Staff recommends that the City Council hold the second reading of ZTA #01-
04. Staff further recommends concurrence with the Planning Commission in
approval of ZTA #01-04.
Ordinance No.
AN ORDINANCE AMENDING CHAPTERS 20�. 206, AND 603 OF THE FRIDLEY CITY
CODE PERTANI�`G TO FIRE PROTECTION REQUIREMENTS.
THE CITY COL'"NCIL OF THE CITY OF FRIDLEY HEREBY FII��S AND ORDAINS,
AFTER REVIEW, EXA�IINATION AND STAFF IZECONIME�IDATION THAT CHAPTERS
?0�, ZONING, 206, BUILDING CODE, AN"D 603, INTOXICATING LIQUOR, OF THE
FRIDLEY CITY CODE BE AMENDED AS FOLLOWS:
SEGTION 1
That Chapter 20� be amended by deleting the follo�ving langua�e:
Chapter 20�. Zoning
20�.0� General Provisions
._. .
�._�_ `_�L` ��_.�_ a_ -°--_�:.`.�_�.
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SECTION 2
That Chapter 603 be amended by deleting the following language:
Chapter 603. Intoxicating Liquor
603.03 Application
14. Whenever the applicant for an "on-sale" license to sell intoxicating liquor is made
for a proposed or existing establishment, the following items are to be provided
with the application:
�
Ordinance No.
Page 2
� Site plans for the premises indicating property and building location,
parking area, landscaping and screening. Minimum parking requirements
are to be ratio of one (1) ten by twenty (10 x 20) foot parking stall for
every three (3) seats of total seating capacity.
� Plans and specifications for the proposed establishment e€ or for
enlargement, alteration or eYtension of an existing establishment, showing
floor plans with total seating capacity, n„� rk� �Nri ,;;��, .* ..,
���e-�e-��� a�'n=`��
a.,, a „i u..,, ,. � • * *
,
, ,.., ,., v r-ircr�zrrcvirs
1 �. Other requirements are:
r�n n i��,= r� + 11 1.1.�.. .,.* ,1 '�' t r
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7
1
� A. All plans and specifications must be reviewed and approved by the
Building Inspection Department before issuance of a building permit.
(Ref. 579)
€- B. Such other information as the City Council shall reasonably require.
SECTION 3
That Chapter 206 be amended to include Chapter 1306 of the Minnesota State Building Code,
with the selection of Item 8 as the municipal option for sprinkler system requirements; and by
reformattin� the lettering system to allow the addition of Chapter 1306 in numerical order.
Chapter 206. Building Code.
206.01 Buildin� Code:
2. The follo�ving chapters of the Minnesota State Building Code including the following
chapters of Minnesota Rules are adopted by the City:
E. Chauter 1306 — Special Fire Protection S stems
� F. Chapter 1307 — Elevator and Related Devices
�: G. Chapter 1315 — 1996 National Electrical Code
Fr. H. Chapter 1325 — Solar Energy Systems
� I. Chapter 1330 — Fallout Shelters
�- J. Chapter 1335 — Floodproofing Regulations
� K. Chapter 1340 — Facilities for the Handicapped
�- L. Chapter 1346 — Minnesota 1991 Uniform Mechanical Code
r.�
��.
Ordinance No.
� M. Chapter 1350 — Manufactured Homes
�- N. Chapter 1360 — Prefabricated Buildings
�F- O. Chapter 1361 — Industrialized/Nlodular Building
Q- P. Chapter 1370 — Storm Shelters
�- Q Chapter 4715 — Minnesota Plumbing Code
Q- R. Chapter 7670 — Minnesota Energy Code
Page 3
PASSED �v"D ADOPTED BY THE CITY COLNCIL OF THE CITY OF FRIDLEY THIS
IOrH DAY OF SEPTENIBER, 2001.
A TTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing:
First ReadinQ:
Second Reading:
Publication:
7
SCOTT J. LUND - Ni.�YOR
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 10, 2001
UfY OF
FRIDLEY
Date: 8/23/01 ,�
t;-
To: William Burns, City Manager,�o'�'�
From:Stacy Bulthuis, Planner
Paul Bolin, Planning Coordinator
Scott Hickok, Community Development Director
RE: Extension to VAR #00-23 (Marti Povlitzki) M-01-127
INTRODUCTION
Marti Povlitzki, 369 Hugo Street, is seeking a one-year extension to variance #00-23.
Variance #00-23 was issued to allow a building addition. The variance decreased
the required front yard setback from 35' to 31' and the side yard setback for living
area from 10' to 5'.
The Povlitzkis are not sure they want to make this large investment in their property
until Anoka County removes or improves the vacant, boarded property it owns at the
corner of East River Road and Hugo Street.
Over the past year, City Staff and Mr. Povlitzki have had a number of discussions
with Mike Kelly of Anoka County's Highway Department. Neither the City nor Mr.
Povlitzki have received a concrete answer as to the County's plan for this home
acquired through ROW acquisition.
The Anoka County Board transferred ownership of this property from the Highway
Department to the County HRA just this past week. It will most likely be a number of
months before any plans are finalized for the reuse or demolition of this vacant,
boarded property.
PLANNING STAFF RECOMMENDATION
City Staff recommends granting a one-year extension for VAR #00-23.
:
8/2;/01
To: Scott Hickok — City of Fridley
From: Marti Povlitzki —
Subject: VARIANCE EXTENSION
Scott,
As a follow up to our recent telephone conversation , I am writing to request an
extension an for our variance.
In August 2000 the city of Fridiey granted us a variance for the construction of a over the
garage addition & the expansion of the front entryway at 369 Hugo Street in Fridley.
At this time we are asking for the one year extension on the variance.
The main reason we are asking for the extension is at this time we are not sure if we want
to make this large investment in our property. The reason for this indecision is the
current status of another property on our block. The property in question is located on
the corner of Hugo Street & East River Road and has been vacated & Boarded up for
over one year. I am sure you can understand our concern. Until we see exactly what is
going to happen with this property we do not believe it would be a wise investment at this
time to proceed we the addition on our property ( therefore, we are asking for the
extension to the variance that was granted last August).
If you have any questions or you need more information please feel free to cornact me.
Thank you.
� .
� ��' �' '�I�%�•�
/
�farti Povlitzki
369 Hugo Street
Fridley,ll�i'�i i 55432
763-785-2012
P. S. — In regards to the vacant — boarded up property on the corner of East River Road &
Hugo Street, my question to the city of Fridley is this. Can anyone vacate & board their
property up in Fridley or only property owned by the county ? Vacated properties open
the door to trouble, vandalism ect. ..& bring other property values down ! I am tired of
looking at it on a daily basis.
0
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cmr oF
FRIDLEY
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10, 2001
August 31, 2001
y
William Burns, City Manager:if'�'r
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Bufthuis, Planner
Subject: Final Plat, PS #01-03, Nedegaard Construction Co.
M-01-128
INTRODUCTION
On June 20, 2001, the Planning Commission considered plat request PS #01-03, by
Nedegaard Construction Company. Nedegaard Construction plans to replat the
property located at 5353 Fillmore Street into 4 single-family lots. City Staff and the
Planning Commission recommend approval of PS #01-03, with 14 stipulations. At the
July 9, 2001, City Council meeting, the preliminary plat was approved.
SUMMARY OF REQUEST
Fridley City Code requires that lots in the R-1 zoning district be a minimum of 75 ft. in
width with a minimum total lot area of 9,000 square feet. The proposed lots exceed all
City Code size requirements.
RECOMMENDATION
City Staff and the Planning Commission recommend approval of PS #01-03, with the 14
stipulations listed below.
STIPULATIONS
1. Petitioner shall obtain all necessary building permits prior to construction.
2. Any remaining debris from demolition of existing home and any outdoor
storage on site shall be removed prior to granting of final plat.
3. Regular maintenance of the site to be done by the Developer until the homes
are built.
4. Grading and drainage plan to be approved by City's Engineering Staff prior to
the issuance of any building permits, in order to minimize impacts to the
surrounding properties.
5. Provide proof that any existing wells or individual sewage treatment systems
10
located on the site are properiy capped or removed.
6. During construction, silt fencing shall be used where applicable.
7. Petitioner to pay $1,500 per lot park fee prior to issuance of building permits.
8. Petitioner shall be responsible for installation of sewer and water service
connections from property line to existing City utilities. Plan to be approved
by City's Engineering department.
9. The petitioner shall agree to preserve mature trees to the extent possible. All
trees required to be removed for the homes shall be marked and approved by
City Staff prior to issuance of building permits.
10. Petitioner shall provide easements as shown on preliminary plat drawing.
11. At British Petroleum's request, Petitioner shall agree to not build closer than
25 ft. from the centerline of the BP Pipeline on Lots #3 and #4.
12. No soil can be removed from over the BP Pipeline that results in a depth of
less than 3 feet.
13. Utilities crossing the BP Pipeline must be located below it and have a
minimum clearance of 12 inches between structures.
14. A Development Agreement outlining the Developers obligation to install
utilities, etc. will be prepared by the City and shall be signed by the Petitioner,
prior to final plat approval.
11
RESOLUTION NO. -2001
RESOLUTION APPROVING A PLAT, P.S. #01-03(SKYWOOD MANOR, BY BRUCE
NEDEGAARD, TO REPLAT PROPERTY FOR THE PURPOSE OF CREATING LOTS TO
ALLOW CONSTRUCTION OF NEW SINGLE FAMILY HOMES, GENERALLY LOCATED AT
5353 FILLMORE STREET.
WHEREAS, the Planning Commission held a public hearing on June 20,
2001, and recommended approval of said plat; and
WHEREAS, the City Council approved the preliminary plat for Skywood
Manor at their July 9, 2001, meeting with stipulations attached as
Exhibit A; and
WHEREAS, a copy of the plat Skywood Manor has been attached as Exhibit
B.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the
Fina1 Plat for Skywood Manor and directs the petitioner to record plat
at Anoka County witnin six months or this approval or such approval
shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TAIS
lOth DAY OF SEPTEMBER, 2001.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
12
SCOTT LUND - MAYOR
Page 2- Resolution -2001 - HEATHER HILLS NORTH PLAT 2
EXHIBIT A
1. Petitioner shall obtain all necessary buiiding permits prior to construction.
2. Any remaining debris from demolition of existing home and any outdoor
storage on site shall be removed prior to granting of final plat.
3. Regular maintenance of the site to be done by the Developer until the homes
are built.
4. Grading and drainage plan to be approved by City's Engineering Staff prior to
the issuance of any building permits, in order to minimize impacts to the
surrounding properties.
5. Provide proof that any existing wells or individual sewage treatment systems
located on the site are properly capped or removed.
6. During construction, silt fencing shall be used where applicable.
7. Petitioner to pay �1,500 per lot park fee prior to issuance of building permits.
8. Petitioner shall be responsible for installation of sewer and water service
connections from property line to existing City utilities. Plan to be approved
by City's Engineering department.
9. The petitioner shall agree to preserve mature trees to the extent possible. All
trees required to be removed for the homes shall be marked and approved by
City Staff prior to issuance of building permits.
10. Petitioner shall provide easements as shown on preliminary plat drawing.
11. At British Petroleum's request, Petitioner shall agree to not build closer than
25 ft. from the centerline of the BP Pipeline on Lots #3 and #4.
12. No soil can be removed from over the BP Pipeline that results in a depth of
less than 3 feet.
13. Utilities crossing the BP Pipeline must be located below it and have a
minimum clearance of 12 inches between structures.
14. A Development Agreement outlining the Developers obligation to install .
utilities, etc. will be prepared by the City and shall be signed by the Petitioner,
prior to final plat approval.
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EXHIBIT B
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City of Fridley Land Use Application
PS 01-03 June 13, 2001
GENERAL INFORt1�IATION SPECI.AL INFOR�i��1ATION
�pplicant:
Bruce Nedegaard
1814 Northdale Blvd.
Coon Rapids, i�IN �5433
Rec�uested Action:
Replat of property to create 4 lots for
single-family home development.
Existing Zonin�:
R-1 Single Family Residential
Location:
53�3 Fillmore Street
Size:
37,500 square feet .86 acres
Existing Land Use:
Older single family home (to be razed).
Surrounding Land Use & Zonin�:
N: Single tamily home & R-1
E: Single family home & R-1
S: Single family home & R-1
W: Single family home & R-1
Comprehensive Plan Conformance:
Use of property is consistent with Plan.
Zonin� Ordinance Conformance:
A11 four proposed lots exceed the City's
minimum lot size standard.
Zoning History:
� 1964 - Lot is platted.
• Pre-1949 - Home is built.
• 1965 — Addition is put on home.
Legal Description of Property:
Outlot l, Hutberg Addition .
Council Action:
Julv 9. 2001
Public Utilities:
Located near property.
Transportation:
Homes will be accessed from 53rd
Avenue and Skywood Lane.
15
Physical Characteristics:
Tree covered, relatively level with the
e�cception of the southern ed�e of
property.
SU��I�IARY OF REQtiEST
Petitioner is seekin� to create 4 separate lots
from OLitLot 1, Htitbery .�ddition, in order to
construct 4 sin�le-family homes.
SUNII�I:�RY OF �►NALYSIS
Citv St�aff reeorrtrrtends approvcal of t{iis plc�t
request.
• Proposed lots exceed the size standards
required by the City of Fridley Zoning Code.
• Provides additional homeownership
opportunities for Fridley residents
Existin� Home
Staff Report Prepared by: Stacy Bulthuis
PS #01-03
Analysis
Nedegaard Construction, petitioner, is seeking to replat the property located at 5353
Fillmore Street into 4 single-family lots.
The existing home was built prior to 1949 and will be removed to accommodate the
creation of the 4 single-family lots.
Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum
total lot area of 9,000 square feet. The proposed Lot #1 will be 83 feet in width and
9,687 square feet in size after the replat. The proposed Lots #2 and #4 will be 77 feet
in width and 9,049 square feet in size after the replat. The proposed Lot #3 will be 83
feet in width and 9,717 square feet in size after the replat.
(Photos: Left, View from North (Skywood Ln) Right, View from West (Fillmore Street).)
Staff Recommendation
City Staff recommends approval of this plat request, with stipulations.
• Lots exceed minimum size requirements.
• Does provide additional homeownership opportunities for Fridley residents.
Stipulations
City Staff recommend that the following stipulations be placed upon approval of this
request.
1. Petitioner shall obtain all necessary permits prior to const�uction.
2. Any remaining debris from demolition of existing home and any outdoor storage
on site shall be removed prior to granting of �nal plat.
3. Regular maintenance of the site to be done by the Developer until the homes are
built.
4. Grading and drainage plan fo be approved by City's engineering staff prior to the
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
16
5. Provide proof that any existing wells or individual sewage freatment systems
located on the site are properly capped or removed.
6. During construction, silt fencing shall be used where applicable.
7. Petitioner to pay $1, 500 per lot park fees prior to issuance of building permits.
8. Petitioner shall be responsible for the installation of sewer and wafer service
connections from property line to existing City utilities. Plan to be approved by
City's engineering department.
9. The pefitioner shall agree to preserve mature trees to the extent possible. All
trees required to be removed for the new homes shall be marked and approved
by Cify staff prior to issuance of building permits.
10. Petitioner shall provide easements as shown on preliminary plat drawing.
91. At Brifrsh Petroleum's request, petitioner shall agree to not build closer than 25 ft
from the centerline of the BP Pipeline on Lots #3 and #4.
12. No soil can be removed from over the BP Pipeline that results in a depth of less
than 3 feet.
93. UtiJities crossing the BP Pipeline must be located below it and have a minimum
clearance of 92 inches between structures.
14. A Development Agreement outlining the Developers obligation fo install utilities,
etc. will be prepared by the City and shall be signed by the Petitioner, prior to
final plat approval.
17
1
�
CrfY OF
FRIDLEY
AGENDA ITEM
C1TY COUNCIL MEETING OF SEPTEMBER 10, 2001
DATE: September 4, 2000 �,' �
`i1ii��
TO: William W. Burns, City Manager �j
FROM: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Bulthuis, Planner
SUBJECT: Development Agreement for the Skywood Manor Addition
M-01-130
INTRODUCTION
On June 20, 2001, the Planning Commission considered plat request PS #01-03, by
Nedegaard Construction Company. Nedegaard Construction plans to replat the
property located at 5353 Fillmore Street into 4 single=family lots to be known as
Skywood Manor Addition. City Staff and the Planning Commission recommend
approval of PS #01-03, with 14 stipulations. At the July 9, 2001, City Council meeting,
the preliminary plat was approved.
To be consistent in the plat process, staff has prepared a development agreement for
the Skywood Manor Addition. That development agreement has been attached for your
review and approval.
RECOMMENDATION
Staff recommends approval of the enclosed development agreement as submitt�;��.
:
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made this _ day of_ , 2001,
between the City of Fridley, acting through its Mayor and City Manager (hereinafter
called the "City"), and Bruce Nedegaard, (hereinafter called the "Developer").
WHEREAS, The Developer have made application to the City Council for the
approval of a plat of land within the corporate limits of the City described as follows:
Outlot 1, Hut Berg Addition (the "Subdivision"); and to be described as
Skywood Manor
WHEREAS, the City Council, by resolution #____, adopted
______, 2001, granted Developer's plat request for a portion of the property
to allow it to construct four single family homes on the subdivision on the condition
that the subdivision is developed according to the site plan, dated __ ,
2001, and in accordance with stipulations of approval incorporated herein by
reference (See attached Exhibit A).
NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as
follows
1. Improvements. Improvements shall include, but not be limited to the
following:
♦ Concrete curb and gutter repair at driveway aprons
♦ Approved site grading and drainage plans
♦ Underground utilities for the four new homes
♦ Setting of lot and block monuments
♦ Surveying and staking
♦ Temporary tree protection devices
The improvements shall be installed in accordance with City standards,
ordinances, City Council prescribed stipulations as evidenced as conditions in any
resolution accepting this agreement and any related plat, and technical
specifications. The Preliminary site grading, construction of underground utilities,
including main line sewer, water and sewer services; and full street restoration shall
be completed prior to sale of any lots and prior to issuance of any building permits.
The Developer agrees that it will not sell any lot, parcel or whole or partial
portion of the Subdivision, nor sell, rent, or cause to be occupied, any house, other
building or structure constructed on the development or within the development until
the City has approved and the Developer has completed the construction of the
improvements covered by this Development Agreement, the applicable building
codes, and other applicable government regulations and has issued a Certificate of
Occupancy, unless the City has agreed in writing to waive this requirement as to a
specific lot or premises.
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issued a Certificate of Occupancy, unless the City has agreed in writing to waive
this requirement as to a specific lot or premises.
The Developer shall follow all instructions received from the City's
inspectors. The Developer shall schedule a pre-construction meeting at a
mutually agreeable time at the City Hall with all parties concerned, including the
City Staff, to review the program for the construction of each home.
2. Water and Sewer A water and sewer lateral fee assessment will be
applied to each lot.
(A) The Developer shall construct a sanitary sewer main line extension
and stub water and sewer services to lots #2, #3 and #4 as shown on
the preliminary plat. These water and sewer services shall be
inspected and must meet all City standards. The City (at the
developer's expense) will patch the street to City's specifications
following the installation of water and sewer services, the Developer
must have the cut approved by the Public Works Department of the
City.
(B) The Developer shall provide a plan/profile drawing prepared by an
engineer registered with the State of Minnesota for the sanitary sewer
main line extension on 53�d Avenue prior to construction for approval by
City Er�gineering staff.
3. Grading. Erosion Control, and Tree Preservation Plans. The
Developer shall submit a grading and drainage, erosion control, and tree
preservation plan which shall clearly show for each lot:
(A) The grading limits for the construction of the new home.
(B) All areas disturbed by the excavation and backfill operations shall
be re-sodded forthwith after the completion of the work in that
area. Except as otherwise provided in the erosion control plan. If
the Developer, future owner, its contractors, or subcontractors
does not comply with the erosion control plan and schedule or
supplementary instructions received from the City and the Anoka
County Soil and Water Conservation District, or the Six Cities
Watershed Management Organization, the City may take such
action as it deems appropriate to control erosion. The City will
endeavor to notify the Developer, future owner, contractors, or
subcontractors in advance of any proposed action, but failure of
the City to do so will not affect the City's rights or obligations
hereunder.
(C)The location of warning signage (tree protection ribbon) that will
be placed around the perimeter of the construction limits
protecting all significant trees outside the construction limits.
(D)The location of any significant trees to be saved inside the
construction limits. Any significant trees to be saved shall have
fencing around them, which shall extend wherever possible to the
2�
tree drip line. No construction or grading work shall commence
until the City staff has field inspected items (1) and (2) above.
4. Street Clean Up. At any time upon the request of City staff and after
the construction is complete, the Developer shall clear all soil, earth, or debris
from the streets and storm sewer and from the lots within the development
resulting from any construction on the land within the development by the
Developer.
5. Permits. The Developer shall obtain all necessary permits for the
development of the property. The Developer shall pay SAC fees at the time of
the building permit issuance.
6. Park Dedication. In accordance with the policies and ordinances of
the City, the Developer shall pay a park dedication fee at a rate of $1,500.00 per
lot at the time of building permit issuance. The total park dedication fee for the
• development is $6,000.00. (four lots x $1,500.00 = $6,000.00).
7. Drainage Easement. The Developer shall provide the City with
easements dedicated on the plat over the 4 lots of the property as proposed in
the Final Plat mylars presented for signature.
8. License. The Developer hereby grants the City, its agents,
employees, officers, and contractors a license to enter the plat to perform all
work and inspections deemed appropriate by the City in conjunction with plat
development.
9. Final Plat A�proval. The City agcees to give final approval and shall
sign the final plat of the subdivision upon execution and delivery of this
agreement, and approval of the plat by the County and of all required petitions,
bonds, and security.
10. Legal Proceedings. In addition to the foregoing, the City may
institute any proper action of proceeding at law or at equity to abate violation of
this Development Agreement, or to prevent use or occupancy of the proposed
dwellings.
11. Ownership of Improvements. Upon completion of the work and
construction required by this agreement, the improvements lying within public
easements shall become City property without further notice or action.
12. Transfers of Interest — as described in Paraaraph 1.
13. Attorneys' Fees. The Developer agrees to pay the City reasonable
attorneys' fees and costs incurred in the event of any lawsuit or action is
21
commenced to enforce the terms of this agreement and to collect sums due by
the City under the terms of this agreement.
14. Severabilitv. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this contract is for any reason held to be invalid, illegal or
unenforceable by a court of competent jurisdiction, such decision shall not
invalidate or render unenforceable any other provisions of this contract, and the
remaining provisions of this contract shall not in any way be affected or impaired.
15. Bindinq Effect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives, successors, and
assigns if any of the Developer and City hereto and shall be binding upon all
future owners of all or any part of the subdivision, and shall be deemed
covenants running with the land. Reference in this document to the developer, if
there be more than one, shall mean each and all of them. This agreement, at
the option of the City, shall be placed of record so as to give notice of this
agreement to subsequent purchasers and encumbrances of all or any part of the
subdivision. All recording fees, if any, shall be paid by the developer.
16, Assi nq ability. No duty or obligation of the Developer under this
Agreement may be assigned in whole or part to any third party without the
express written consent or waiver of by the City.
SIGNED AND EXECUTED by the parties hereto on this day
of , 2001
DEVELOPER CITY OF FRIDLEY
:
Bruce Nedegaard
ATTEST:
Debra A. Skogen, City Clerk
22
:
Scott J. Lund, Mayor
EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL
1. Petitioner shall obtain all necessary building permits prior to construction.
2. Any remaining debris from demolition of existing home and any outdoor storage on
site shall be removed prior to granting of final plat.
3. Regular maintenance of the site to be done by the Developer until the homes are
built.
4. Grading and drainage plan to be approved by City's Engineering staff prior to
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
5. Provide proof that any existing wells or individual sewage treatment systems located
on the site are property capped or removed.
6. During construction, silt fencing shall be used where applicable.
7. Petitioner to pay $1,500 per lot park fees prior to issuance of building permits.
8. Petitioner shall be responsible for installation of sewer and water service
connections from property line to existing City utilities. Plan to be approved by City's
Engineering department.
9. The petitioner shall agree to preserve mature trees to the extent possible. All trees
required to be removed for the homes shall be marked and approved by City staff
prior to issuance of building permits.
10. Petitioner shall provide easements as shown on preliminary plat drawing.
11. At British Petroleum's request, petitioner shall agree to not build closer than 25 feet
from the centerline of the BP Pipeline on Lots #3 and #4.
12. No soil can be removed from over the BP Pipetine that results in a depth of less
than 3 feet.
13. Utilities crossing the BP Pipeline must be located below it and have a minimum
clearance to 12 inches between structures.
14. A Development Agreement outlining the Developer's obligation to install utilities,
etc., will be prepared by the City and shall be signed by the Petitioner, prior to final
plat approvaL
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CRY OF
FRIDLEY
Name Position
Shannon Patrol
Coulter Officer
Partial
Exempt
Kathleen Patrol
Kelley Officer
Partial
Exempt
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 10, 2001
Appointment
Starting
Salary
$15.46
per hour
$15.46
per hour
25
Starting
Date Replaces
Sept.24, Rick
2001 Crestik
(promotion)
Sept.24, Lawrence
2001 Chubb
(retirement)
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CRY dF
FRIDLEY
AGENDA ITEM
COUNCIL MEETING OF
SEPTEMBER 10, 2001
CLAIMS
�0�3�9 - �01505
26
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CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 10, 2001
LICENSES
Type of License: By_
B :
FOOD
Papa Murphy's Take-N-Bake Pizza Itristian Lee
20� - �7ih Avenue �+.E.
Fridley, i�1�i �543?
27
Approved By:
Public Safetv
Community Development
Fire Inspector
Fee
$4�
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,_.�._�
City of
Fridle
AGENDAITEM
City Council Meeting Of Monday, September 10, 2001
�
Electrical
Becher J & Assoc Inc
11785 Justen Cir Cami Freeman
Maple Grove MN 55369-
Gas Services
Action Heating & Air Cond Inc
529 79 Ave NE Jay Hovland
Spring Lake Park MN 55432
PMR Mechanical Inc
2414 E 26 St DuWayne Meyer
Minneapolis MN 55406
General Contractor-Residential
DJ's Remodeling (20053769)
11207 Magnolia St NW Duane Jones
Coon Rapids MN 55448-
Horbul Dan Construction (20180798)
1788 150 VE Dan Horbul
St Croix Falls W� 54024-
Merit Building Co Inc (20271430)
3029 Coon Rapids Blvd #311 Gayle Mau
Coon Rapids MN 55433-
Ross Bros Inc
5859 N 114 PI Tim Ross
Champlin MN 55316-
Schimmelman Sean Contr (20276402)
6230 152 Ave NW Sean Schimmelman
Ramsey MN 55303-
:
Anaroved Bv:
State of MN
Ron Julkowski
Building Official
Ron Julkowski
Building Official
State of MN
State of MN
State of MN
State of MN
State of MN
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Seal Guard Systems Inc (20093688)
3770 Dunlap Ave N Ken Wolfbauer
Arden Hills MN 55112
Suburban Home Improvement (20267333)
32 Maple Lane Kevin Zewers
Little Canada MN 55117-
Heatina
Action Heating & Air Cond lnc
529 79 Ave NE Jay Hovland
Spring Lake Park MN 55432
NS/l Mechanical Contracting
2300 Territorial Rd Frank Oslund
St Paut MN 55114-
PMR Mechanical Inc
2414 E 26 St DuWayne Meyer
Minneapolis MN 55406
Masonrv
Steenberg-Watrud Construction LLC
10730 Briggs Dr Clete Luartes
Inver Grove Hgts MN 55077-
Plumbina
Aquaman Plumbing & Heating
13558 Gladiola St NW R T McFeters
Andover MN 55304-
Market Mechanical
8701 Wyoming Ave N Mark Duffney
Brooklyn Park MN 55445-
NS/I Mechanical Contracting
2300 Territorial Rd Frank Oslund
St Paul MN 55114-
29
Aparoved Bv:
State of MN
State of MN
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building Official
Ron Julkowski
Building O�cial
State of MN
State of MN
State of MN
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Anaroved By:
Polar Plumbing
6087 46 St N Lance Swanson State of MN
Oakdale MN 55128-
Roofina
Paden Construction Specialties
8845 Irving Ave N
Brooklyn Park MN 55444-
Jim Paden
30
Ron Julkowski
Building Official
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CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 10, 2001
ESTIMATES
Lametti & Sons, Inc.
16028 Forest Boulevard North
Hugo, MN 5�038
Sanitarv and Storm Sewer Linina
Project No.� 337 �
FINALESTIMATE .............................................................................................. $129,898.�0
Dave Perkins ContractinQ, Inc.
14230 Basalt Street N.`V.
Ramsey, MN ��303
2001 Street Improvement Project
No. ST. 2001 — 1
Estimate �o. 5 ...........................
....................................................................... $ 73,�7�.13
Ron Kassa Construction
6005 — 250th Street East
- Elko, iVIN 55020
Miscellaneous Concrete Curb and Gutter
and Sidewalk
Project No. 338
Estimate No. 4 ..............................................
31
..................................................... $ 7,420.55
CITY OF FRIDLEY
PUBLIC WORKS DEPARTII�NT
ENGINEERING DIVISION
6431 University Avenue N.E.
Fridley, Minnesota 55432
Honorable Mayor and City Council
City of Fridley
c/o William W. Bums, City Manager
6431 University Avenue N.E.
Fridley, MN 55432
Council Members:
September 10, 2001
CER'I'IFICATE OF TI-� ENGINEER
We hereby submit the Final Estimate for Sanitary and Storm Sewer Lining Project No. 337, for
Lametti & Sons, Inc., 16028 Forest Blvd N., Hugo, MN 55038..
We have viewed the work under contract for the construction of the Sanitary and Storm Sewer Lining
Project No. 337 and find that the same is substantially complete in accordance with the contract
documents. I recommend that final payment be made upon acceptance of the work by your Honorable
Body and that the one year contractual maintenance bond commence on September 7, 2001.
Respectfully submitted,
Jon H. Haukaas
Director of Public Works
JT:cz
Prepared b�
Checked by
32
September 10, 2001
To: Public Works Director
City of Fridley
REPORT ON FLNAL INSPECTION FOR
CITY OF FRIDLEY
Sanitarv and Storm Sewer Lining Project No. 337
We, the undersigned, have inspected the above-mentioned project and find that the work required by the
contract is substantially complete in conformity with the plans and specifications of the pmject.
All deficiencies have been corrected by the contractor. Also, the work for which the City feels the
contractor should receive a reduced price has been agreed upon by the contractor.
So, therefore, we recommend to you that the City approve the attached FINAL ES'TIl�fATE for the
contractor and the one-year maintenance bond, starting from the day of the final inspection that being
September 7, 2041.
Jo ompson, Construction ector
r
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Contractor Representative, (Title) f i-n�c� � i/1�ana�Y
33
September 10, 2001
City of Fridley
Sanitary and Storm Sewer Lining Project No. 337
CERTIFICATE OF CONTRACTOR
This is to certify that items of the work shown in the statement of work certified herein have been actually
fiunished and done for the above-mentioned projects in accordance with the plans and specifications
heretofore approved. The final contract cost isS153,905.00 and the final payment of $129,898.50 for the
improvement project would cover in full, the contractor's claims against the City for all labor, materials
and other work down by the contractor under this project.
I declare under the penalties of perjury that this statement is just and correct.
LAMET"TI & Sons, Inc.
�
D� Coulson, Project Coordinator
34
September 10, 2001
City of Fridley
Sanitary and Storm Sewer Lining Project No. 337
PREVAII.ING WAGE VERIFICATION
This is to certify that Lametti & Sons, Inc. has abided by the Prevailing Wage Provisions as specified by
the Minnesota Department of Labor and Industry for Anoka County.
I declaze under the penalties of perjury that this statement is just and correct.
LA1�TTI & SONS, INC.
Don Coulson, Project Coordinator
35
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MINNESOTA 55432
FROM: City of Fridley
Engineering Division
TO: Honorable Mayor and City Council
City of Fridley
6431 University Ave, NE
Fridley, MN 55432
Dated: September 10, 2001
Estimate No. FINAL
Period Ending: September 10, 2001
FOR: Lametti & Sons, Inc.
16028 Forest Blvd N
Hugo MN 55038
SANITARY AND STORM SEWER IINING
PROJECT NO. 337
Job Code: Sanitary: 602-6000-415-4530-6007 Sewer: 603-6000-415-4530-5400
STATEMENT OF WORK
.. .... � ... .'-.w__....i:. .�.SwMY °: . ..
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. ���� WI`U�7i li �tG��e
Mobilization
' 24" CMP Sanitary sewer in railroad yar
' Line 30" RCP storm sewer
; Sanitary sewer line 10" VCP
� Reopen sanitary service connection on
;10" line
, SUBTOTAL
TOTAL
SUIIAMARY:
Original Contract Amount
Contract additions:
Contract deductions:
Revised contract amount
Value Completed To Date
Amount Retained (0°�)
Less Amount Paid Previously
AMOUNT DUE THIS ESTIMATE
..V�� �.,. _..
1 LS
635 LF
763 LF
659 LF
12 Ea
6,200.00
87.00
89.00
30.00
200.00
$151,522.00
151, 522.00
153, 905.00
0.00
24, 006.50
$129, 898.50
�l•J
0.50 3,100.00
644.00 56,028.00
763.00 67,907.00
0.00 0.00
8.00 1,600.00
$128,635.00
1.00
644.00
763.00
659.00
20.00
6r2W.W
56,028.00
67,907.00
�s.no.00
4.000.00
$153,905.00
lametti 8 Sons, Inc.
Estimate No. FINAL
Page 2
CERTIFICATE OF THE CONTRACTOR
i hereby certify that the work performed and the materials supplied to date under the terms of the contract
for this project, and all authorized changes thereto, have an actual value under the contract of the amounts
;hown on this estimate (and the final quantities on the final estimate are conect), and that this estimate is just
and corr and no part of the "Am nt Due This Estimate" has been received.
ey r e T/us �S z�-
Contractors Authorized Representative (T'dle)
CERTIFICATE OF THE ENGINEER
I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment
of this estimate under the contract for reference project.
CiTY OF FRIDLEY, INSPECTOR Date � ��
`�y Resp Ily Submitted,
—�—�— .�"' �
Checked By Jon H. Haukaas, P.E.
Public Worics Diredor
�1■
� AGENDA ITEM
� CITY COUNCIL MEETING OF September 10, 2001
arY oF
fRIDLEY
TO: `Villiam W. Burns, City Manager n��
��
From: Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
Re: Public Hearing for 3.2% Malt Liquor License for the Oriental House,
located at 5865 University Avenue NE
New Owner - Okhui L. Yang
Date: September 5, 2001
The Oriental House has been sold to Okhui L. Yang of 12931 82"d Avenue N, Nlaple Grove,
NIN. NIs. Yang has applied for a 3.2% malt liquor license to allow the sale of beer. City Code
requires that a public hearing be held to consider the approval of an on-sale 3.2% Malt Liquor
License and that the license can not be approved during the same meeting. The Police
Department has conducted a background investigation and has found no reason to deny the
application at this time.
Staff recommends holding a public hearing for an on-sale 3.2% malt liquor license. The final
approval of the license will be scheduled for September 17, 2001.
:
.CTTY OF FRIDLEY
PUBLIC HEARIl�TG
BEFORE TI�
CITY COUNCIL
Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City
Municipal Center, 6431 University Avenue Northeast on Monday, September 10, 2001 at 7:30 p.m. on
the question of issuing an on-sale Beer License to Okhui L. Yang for the Oriental House Restaurant
located at 5865 University Avenue NE.
Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities
who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 4, 2001.
Anyone having an interest in this matter should make their interest known at this public hearing.
/s/ Debra A. Skogen, City Clerk
Ptcblished: August 30 and September 6, 2001 in the Fridley Focus
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crrr oF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF SEPT. 10, 2001
Date: September 5, 2001
,:
��
To: �Villiam Burns, City �Ianager ,�,�"�
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Ju1ie Jones, Environmental Planner
Subject: Chapter 113 Public Hearing, Solid Waste Disposal and Recycling Services
Introduction
For several years, staff has struggled ���ith enforcement of Chapter 113 (current code is attached) due to
outdated and vague language related to �arba�e and recycling storage and collection. Last year, it was
decided to place update of this portion of code in the 2001 Solid Waste Abatement Program Goals and
Objectives.
Action Taken
Staff has prepared a draft rewrite of Chapter 113. Since the changes are so extensive, staff sug�ests that
the current Chapter 113 be repealed and a ne�v Chapter 113 be adopted.
The Em�ironmental Quality and EnerQy Commission reviewed the draft rewrite of Chapter 113 at their
July 17 meeting and made some suggestions for minor changes, which staff has incorporated into the
attached draft. The Planning Gommission reviewed the draft code language at their July 18 meeting.
There were also some suggestions for changes at that meeting that were similar to those made by the
EQEC. Both commissions recommended approval. The resulting draft is attached and is marked "draft"
across the top of the pages.
The public has been notified of the public hearing on this item in the August Fridley Community News,
and the draft code was also mailed to the licensed haulers.
Changes Proposed
There are many changes proposed in the revised Chapter 113 with the follo�ving goals in rnind:
1. Protect Fridley property owners from untidy neighbors
2. Improve multi-family recycling rates
3. Provide clear language that can be easily understood and will stand up in court
4. Disguise garbage containers from the public's view
5. Reduce litter
6. Allow for future improvements to recycling services
. �
The most notable code changes proposed include:
■ Allowing garbage containers in excess of 32 gallons in size and allowing curbside
placement of containers the day of collection, but requiring screening of such containers
between collections (Sections 113.04 & 113.07.2)
■ Disallowing placement of ba�ged yard wastes at the curb more than 24 hours before
collection (Section 113.06)
■ Requiring screening or enclosures for all box-type garbage containers (Section 113.07)
■ �Iore clearly defined rules for the placement, allowable size, and maintenance of a
compost area
■ Taking the recycting service fee rate that residents must pay out of the code, and instead
Qive the Ciry Council the authoriry to set that rate by resolution (Section 113.11)
■ Additional requirements for multi-unit building owners that make recycling mare
accessible to apartment residents (Section 113.12)
■ Hauler licensina requirements are updated to match current practices and a set of
procedures is established in case a hauler's license needs to be revoked.
■ Theft of recyclables ���ill no�v be considered a crime.
Recommendation
Staff recommends that the City Council hold the public hearing September 10 for this text amendment.
The iirst readin� is scheduled for the September 17 City Council meeting. At the time of the second
reading, the City Council �vill also need to consider a resolution setting the recycling fee that residents
pay on their utility bills, which is being removed from the ordinance (see Sec. 113.11). Staff is not
recommending increasing that fee until at least January 2002.
41
ORDINAi�TCE NO.
ORDINANCE A1�IE�iDING THE CITY CODE OF:THE C��'Y OF FRIDLEY, NIINNESOTA,
TO REPEAL CHaPTER 113, ErTITLED "SOGID,`�'ASTE DISPOSAI� AND RECYCLING
COLLECTION" A_VD ADOP..T t1 NEW:CH�iP�E. R 1�3, EiVTI1`I�D "SOLID WASTE
DISPQSAL ��D RECYCLIrTG� CQLLE�TION"
The City Council of the City of Fridley'.herl�y;ord�ins :the follo�vmg:
SECTION 1. --
That Fridley Ciri� Code Chapter 113,. entitted Solid W aste Disposal and Recycling Collection be hereby
repealed in its entirety;
SECTION 2.
That Fridley City Code is amended to include a new Chapter 113 Entitled Solid Waste Disposal and
Recycling Collection.
FRIDLEY CITY CODE
CH�PTER 113. SOLID `VASTE DISPOSAL A�D RECYCLIrG COLLECTION
(Ref. 585, 630, 838, 955, 962, 968, 1013, 1019, 1111, ll22)
113.01. DEFI\ITIONS
The following definitions shall apply in the interpretation and enforcement of this Chapter and the
follo���ing words and terms wherever they occur in this Chapter are detined as follo�vs:
Approved.
Accepted by the City follo�vin� its determination as to compliance with established public health practices
ancl standards.
2. Commercial Establishment.
Any premises �vhere a commercial or industrial enterprise of any kind is carried on and shall include, but
is not limited to, clubs, churches and establishments of nonprofit organizations where food is prepared or
served or goods are sold.
Compost.
A mixture of decaying organic matter in a contained area.
4. Composting.
Any above ground microbial process that converts yard waste and other materials identified in Section
113.10(1) to organic soil additive or mulch by decomposition of material through an aerobic process
providing adequate oxygen and moisture.
'"T��
5. Dwelling Unit.
A separate residential dwelling place with a kitchen. � �
,,
6. Mixed Municipal Solid Waste.. ,.. ,; ; : ; ,: ` ;
Garba;e, refuse, and other solid waste, except: construction and demolition waste, from residential,
commercial, industrial, and commuriity activities :that the `genezaior of the waste ag�regates for collection,
as defined in Minnesota State Statutes Chaptei' 11SA. .
7. 1�Iultiple Dwelling Unit.
� residential structure with tive or more: dwelling units.
8. Person.
Any person, firm, partnership, association, corporation, company or arganization of any kind.
9. Public Nuisance
A condition ���hich unreasonably annoys, injures or endangers the safety, health, comfort, or repose of a
considerable number of inembers of the public.
10. Recyclable Matenals.
Nlatenals that are separated from mixed municipal solid waste for the purpose of recycling, including, but
not limited to, metal, paper, glass, plastics, and textiles. Refuse-derived fuel or other material that is
destroyed by incineration is not a recyclable material.
i l. Recycling
The process of collecting and preparing recyclable materials and reusing the materials in their original
form or using them in manufacturing processes that do not cause the destruction of recyclable materials in
a manner that precludes further use.
12. Recycling Collector.
Any person or entity engaged in collecting, transporting, and processing of recycled materials from
residential or commercial sites in the City.
13. Residential Properties. �
Attached and detached single-, double-, triple- and quadruple-dwelling units and mobile homes.
14. Solid Waste.
Garbage, refuse, construction and demolition debris and other discarded matter in solid form, but not
including hazardous waste.
43
15. Yard Waste.
Grass clippings, leaves, herbaceous Qarden wastes, and tree wasEe�� �
113.02 SOLID WASTE DISPOSAI,.. _ --... ' ' �
It is unlawful for any person to thro�v or deposit solid ��a�te,;yard wa5te, tree waste or recyclables on any
property within the City, except that th� owtier may maintain�:r�eeptacles for collection of such items,
provided such receptacles meet:the require�ents of Sections 113.04, 113.0�, and 113.06. The owner of
any private property, whether occupied or vacantx sha11 af all times maintain the premises free of litter. No
person shall dispose of solid waste upon any lands in the City of Fridley, except that composting may be
conducted if in full accordance with.the term�.of Section 113.10.
113.03 FREQL�NCY OF CQLLECTIOr
Nlixed municipal solid waste must be collected a minimum of once a �veek, or more frequently if
necessary, by a licensed collector from all property within the City.
113.04 RESIDErTIAL SOLID W�STE CONTAI�ERS REQUIRED
`Che owner of any d�vellin� unit must provide and maintain on premises sufficient containers for the
storage of all solid waste accumulated on the premises benveen collections. Each such container shall be
durable, watertiQht, impervious to insects and rodents, and shall have a tight-fitting lid.
113.05 COM�IERCIaL SOLID �ti'�STE CONTAL�ERS REQL�IRED
All commercial establishments and multiple dwelling units that generate more than one (1) cubic yard of
solid waste per week shall provide bulk or box type solid waste storage containers of sufficient size for
the storage of all solid waste accumulated on the premises between collections. Such containers must be
durable, watertight, impervious to insects and rodents, and shall have a tight-fitting lid. Such containers
must be accessible to collection equipment and cannot require intermediate transfer.
113.06 CONT�I�IENT OF YARD �VASTE
Yard waste may be stored in containers, bags, or bundles until the next available collection, but not longer
than five months. Yard wastes, prepared for collection, must be screened from view of a public right-of-
way other than a 28 hour time period weekly for curbside collection.
113.07 CONTAINER SCREEi�TING
1. Commercial Establishments and l�iultiple Dwelling Units
Any bulk ar box type container used for the storage of mixed municipal solid waste, recyclables, or
compostables must be screened from view of the public right-of-way, public park or residential area.
Recycling containers less than one (1) cubic yard in capacity do not need to be screened from view of the
public right-of-way, but must be placed on a paved surface. Baled recyclables must be stored out of view
from the public right-of-way other than a 24-hour time period before a scheduled collection.
Screening shall consist of a solid fence or wall not less than six (6) feet high in the side and rear yards and
shall not extend to within fifteen (15) feet of any "street right-of-way" line. Plantings may also be
C�: �
required in addition to, or in lieu of, fencing
d b th C �
The type, size and location o
;such plantings must be
approve y e ity.
The screening requirements shall be satisfied by the use of:a screening fenGe or �lanting screen according
to the following standards: , : ' .' ; ' i �-
(a) Plantings shall not �e placed so as to obstrue'# liries of sight at street corners and
driveways. ,
(b) A screening fence shall be attractive and corrip��ible with the principal building and the
surrounding larid use. :
(c) A planting screen shall;consiSt of a closeiy grown hedge, a row of trees, evergreens or
other vegetation approved by the:City.
(d) If the topo�raphy, �atural; grawt$ of vegetation, permanent buildings or other barriers
meet the standards for s.creeninb as approved by the City, they may be substituted for all
or part of the sereenin� fence or planting screen.
(e) If a four-sided enclosure is necessary to screen a solid waste container trom the public
ri�ht-of tivay, constructed doors, allowing for removal of the container, must be
constructed of durable material and be maintained in workable condition.
2. Residential Properties
Containers used for the storage of mixed municipal solid waste, recyclables, and compostables must be
screened from view of a public right-of-way other than a 28 hour time period weekly for collection.
Materials may be placed at the curb, but not in the public drive area of the right-of-way, for collection by
a licensed collector from �:OOpm the day prior to collection until 9:OOpm the day of collection.
ll3.08 CONSTRUCTION WASTE BI�iS
An uncovered bulk or box type waste storage bin may not be located on any premises for the purpose of
collecting construction waste for more than three (3) consecutive months during any 12-month period.
113.09 YARD �`'�STE COLLECTION
A person may not place yard �vaste in mixed municipal solid waste, in a disposal facility, or in a resource
recovery facility except for the purpose of reuse, composting, or co-composting, in accordance with
Minnesota Statutes Chapter ll5A.931. �
113.10 CONIPOSTING
Composting is permitted on residential properties provided all the following conditions are met.
Composting is also permitted on publicly-owned properties, for educational purposes, according to the
same guidelines.
1. Only the following materials may be placed in a compost area: grass clippings, leaves, herbaceous
garden wastes, raw fruit and vegetable food scraps, chipped tree waste, sawdust, evergreen cones and
needles, or additional materials approved by the City and the collector. Under no circumstances may
any of the following items be placed in a compost area: meat, bones, grease, eggs, dairy products, or
human or pet feces.
2. A compost area must be fully confined within a fenced area or enclosed structure.
3. A compost area must be located and designed so that seepage from the compost will not funnel off
into public or private streets, storm sewers, drainage ditches, water retention basins, wetlands,
45
streams, lakes, or ponds. No compost container may be placed:withir�`tiverity-five (25) feet of any
body of water or area designated as flood plain, shoreland..Qr �tate protected wetlands.
4. A compost area may not be located in any front yard ar�d must be at least five (5) feet from any side
or rear lot line and be no closer thar�� 20 feet from any.,�welling unit loc�.ted on adjacent property.
�. A compost area may not e�ceed 5 cubie yards. in volume and rria� not exceed five (�) feet in height.
6. The compost must be managed;accordirig:to stan�ard c.ompost practices, which includes providing air
circulation within the compost stru�ture to prevenf eombustion and aeration often enough to prevent
the generation of odors and: the generation of a public nuisance.
ll3.11 SOLID �VASTE ABATENIENT'� PROGR�i�i AND FEE �
In order to meet the requiremerits of State Waste Abatement La�vs, the City of Fridley has established a
Solid Waste Abatement Program (SWAP). This program includes residential curbside recycling
collection services and other programs approved by the City that provide means for Fridley residents to
reduce their amount of waste. In order to fund these waste abatement programs, the Gity of Fridley
charges a solid waste abatement fee on the utility bills of each single through 12-unit dwelling unit
provided recycling service by the City. The amount of the fee is set by resolution by the City Council.
Solid Waste Abatement Fee revenues shall be placed in the Solid �iaste Abatement Fund and shall only
be expended on solid waste program activities.
113.12 RECYCLING COLLECTION
The City of Fridley will provide for the collection of recyclables from all single through 12-unit multiple
dwellings as required in Chapter 11 �A of Minnesota State Statutes. Owners of multiple dwe(ling
structures of 13 or more units shall provide at least monthly collection of four (4) broad categories of
recyclables. Recycling categories include, but are not limited to, paper, glass, plastic and metal. Owners
of multiple dwellin� structures must also ensure and annually provide evidence to the City that their
tenants are informed at time of occupancy and, in addition, at least once per year as to the availabilrty of
recycling collection on site. Containers designated for the collection of recyclables at a multiple dwelling
unit must be clearly labeled as to what materials may be placed in it and the containers must be placed in
a location that is as convenient to use as the solid waste collection containers on site. Recycling containers
must also be kept accessible year-round, including the removal of snow within 24 hours after a snowfall
of more than 3 inches.
113.13 SCAVENGING
It shall be unlawful for unauthorized persons to collect, remove or dispose of recyclable materials after
said materials have been placed or deposited for collection without a license from the City and an account
relationship with the owner or occupant of the premises. Responsibility for and ownership of recyclable
materials remains with the person who placed the materials out for collection until collected by a licensed
recycling collector, at which time, the ownership and responsibility passes to the recycling collector.
113.14 RECYCLING Air'D SOLID WASTE HAL'LERS' REGULATIONS
License Requirement.
. �
4.
No person shall engage in collecting or conveying
premises, other than their own dwelling unit, in the
ur recyclable material from any
tliat person holds a valid license
hereunder. Each such vehicle so used must be hcensru. .�-:
..., :
License Classifications. ' ' '
Applicants for licenses issued hereiinder shall be issued for: tlie following classes of operations:
Class I- Residential Salid �Vasie Collection �ehicle �
Class II - Commercial Solid Waste:ColleEtion'�ehicle
Class III - Recycling Collectiori Vehicle ;
Class I`- — Construction and..Demolitiari Waste Transport Vehicle
License Procedure.
A. The provisions of Chapter 11, License and Permit, of the Ciry Code, including the license
fee shall apply to all licenses required by this Chapter and to the holders of such license. The term
of each license hereunder shall be for not more than one vear and shall expire on
April 30 each year. The application for license or renewal of license shall contain a description of
the types and makes of the motor vehicles used for collection, a description of what types of
collection services will be provided, approrimate number of customers served, schedule of
charges which will be made for hauling, a schedule of residential solid w-aste collection routes,
and location of where the matenal collected will be disposed of, and any other information the
City of Fridley shall require.
B. :�pplicants for all license classifications shall tile �vith each application a certificate of
insurance for general liability coverage for the licensee of at minimum ��00,000 per occunence
and automobile liability coverage for each vehicle to be u�ed in the amount of ��00,000 or more
per accident. Every• licensee shall also carcy Workers' Compensation Insurance for all of its
employ�ees. Each policy shall provide that it shall not be cancelled or terminated for any reason
without at least ten (10) days written notice thereof first bein� given to the City.
C. :�pplications for license hereunder shall be submitted to the City for revie�v and
recommendation. If the City Council is satisfied that the health, safety and welfare of the public
will be �erved, it may grant a license to any such application meeting the requirements of this
Chapter.
Hours of Collection.
No person engaged in hauling solid waste or recyclable material from residential areas within the
City of Fridley shall do so before 6:30 A.M. or after 8:30 P.M. Monday through Saturday.
Furthermore, hauling from commercial, business, industrial, or other such establishments shall
not create a nuisance for, adjacent residential areas.
Vehicles.
A. Each vehicle for which a license is applied for or �vhich is licensed may be subject to a
visual inspection by the City at the annual renewal date and at all reasonable times. Any such
vehicle. while it is used by the licensee in the City of Fridley, shall have the name of the licensee
clearly printed on both sides. Said lettering shall be at least three (3) inches in height and the
color of the lettering and of the background shall be contrasting.
�_7 ■
B. Each vehicle used to haul mixed municipal sgl�d waste�Yn the City of Fridley shall be
licensed by the regional waste authority and such:.license shall be rilairitained for the entire term
of the City license. Each licensed vehicle shall;iia�e,attached a decal issued by the base County,
showing the current regional reg�stration. �acli vehicle used to:haut.r.ecyclables or
construction/demolition waste in the City ot;F'ridley: must c�isplay the decal issued by the City of
Fridley. Expired or oth�rwise invalid decals sha.11 be;rerrioved` from the vehicle.
C. Each vehicle lieensed it�r haulin� solid was�e�or recycling must have a tight cover that is
operated and maintaine�l as;to prevent off�nsive-odors or spillage. The loading space of every
solid �vaste vehicle licensed heieurider shall be leak proof. Every vehicle shall be equipped with
the necessary hand tools fo� c�eaning up spills.
D. Every vehicle licens,ed hereunder shall be kept well painted, clean and in good repair.
Every such solid waste;vehicle used for collecting solid waste or recyclables shall be cleaned
every week, or more otten if necessary, to prevent persistent odors.
E. Recyclables and solid �vaste shall be loaded so that none of such materials can jar loose
and fall to the ground or street when the vehicle is in motion. Loose paper, trash, and similar
materials shall be so secured that they cannot be displaced by the wind or fall out of the vehicle.
F. All licensed vehicles shall be equipped with a back-up warning device that complies with
all applicable OSHA, Minnesota Statutes, or Minnesota Department of Transportation
regulations.
G. No person shall at any tirrie park or store any recycling or solid waste collection vehicle
on any premises zoned for use as a single or multiple residence dwelling, within one hundred
(100) feet of any aforementioned premises, or within rivo hundred (200) feet of any food
establishment, for purpose other than, or for periods inconsistent with, providing recycling or
solid waste collection at said premises. No person shall at any time park or store any loaded or
partially loaded recycling or solid waste collection vehicle on any premises within the City,
except for the purpose of and for periods consistent with, providing recycling or solid waste
collection at that parcel of property.
6. Container Placement
Containers used for the storage and collection of solid waste, recyclables, or yard wastes must be
returned to the private driveway of the customer and cannot be returned to the public drive area of
a public drive area upon collection of the container contents.
Volume Based Fees.
As required by Minnesota Statutes Chapter 115A.93, Subd3, the City requires all licensed solid
waste haulers to establish a volume-based or weight-based fee system for all customers. This
means a licensee has established a multiple unit pricing system that ensures that amounts of waste
generated in excess of the base unit amount are priced higher than the base unit price. In addition,
any licensee offering use of solid waste storage carts to their customers must also give customers
a choice of a cart size less than 60 gallons in size upon request.
. •
Disclosure of Waste Destination.
As required in Nlinnesota State Statutes 115A.93.02, ariy�persqn li:cense�l to transport solid waste
in the City of Fridley must disclose the fnal de`stinatior�(s) of that;waste to their customers on an
annual basis. - _.. ' :
Recycling Requirements .
A recycling collector contractirig to� colleet recyclables from any multi-dwelling unit account in
the City of Fridley must collect; a rr�`inimum of four (4) broad categories of recyclables, according
to Section 113.10 of this co�e. ;The callection of ne�vspaper, mixed paper, and corrugated
cardboard is all one paper �ategoey. Collected recyclable materials shall be recycled and may not
be disposed of in any solid waste facility without authorization from the appropriate State agency
and the City. If recyclables placed out for collection are signiticantly contaminated with non-
recyclable materials, the.recycling collector shall notify the property owner of the contamination
problem and refuse to collect the recyclables until the unacceptable material is removed.
10. Reports.
All applicants for licenses hereunder who provide recycling collection services to multiple
dwelling units in the City shall submit semi-annual reports to the City detailing the weight of
recyclables by material type collected. A report for January through June recycling collections
shall be submitted by the following July 15. A report for recycling collections from July through
December shall be submitted by the follo�vin� January l�.
1 l. Revocation of License
tlny license issued hereunder may be revoked or suspended by the City Council for any of the
followina causes follo�ving a hearing before the City Council upon due notice to the licensee,
stating the time and place of such hearing, together with a statement of the violation alleged to be
the cause for the revocation or suspension of the license.
A. Fraud, misrepresentation, or incorrect statement contained in the application for license, or
� made in carrying on the licensed activity.
B. Conviction of any crime or misdemeanor pertaining to license held.
C. Conducting such licensed activity in such manner as to constitute a breach of the peace, or a
menace to the health, safety and welfare of the public, or a disturbance of the peace or
comfort of the residents of the City, upon recommendation of the appropriate City official.
D. Expiration or cancellation of any required bond or insurance, or failure to notify the City
within a reasonable time of changes in the terms of the insurance or the carriers.
E. Actions unauthonzed or beyond the scope of the license granted.
F. Violation of any regulation or provision of this code applicable to the activity for which the
license has been granted, or any regulation or law of the State so applicable.
G. Failure to continuously comply with all conditions contained in this Code.
. •
113.15 FEES
The license fee and expiration date shall be
113.16 PENALTIES
Any violation of this Chapter is a;misden
under the provisions of Chapter: 901 of this
in:Ch�pter 11;of Frid�ey City Code.
subject to `all penalties provided for such violation
SECTION 3.
That Fridley City Code Chapter 1 l,�entitted General Provisions and Fees, be amended as follows:
I 13 °�*���� t'�.., �-� �'�-'���� T�.�'. Recyclin, and Solid Waste Providers $60 for the first truck
and $15 each additional truck
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2001.
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Publication:
50
SCOTT J. LUND- MAYOR
FRIDLEY CITY CODE
CHAPTER 113. SOLID `VASTE DISPOSAL AND RECYCLING COLLECTION
(Re£ �8�, 630, 838, 955, 962, 968, 1013, 1019,1111,1122)
113.01. DEFIrITIONS
The following definitions shall apply in the interpretation and enforcement of this Chapter and
the following �vords and terms �vherever they occur in this Chapter are defined as follows:
1. Approved.
Accepted by the City followin� its determination as to compliance with established public health
practices and stanaards.
2. Commercial Establishment.
Any premises «�here a commercial or industrial enterprise of any kind is camed on and shall
include, but is not limited to, clubs, churches and establishments of nonprofit organizations
where food is prepared or served or goods are sold.
3. Compost.
A mixture of decaying or�anic matter in a contained area. (Ref. 968)
4. Compostin�.
Any above �round microbial process that converts yard �vaste and other materials identified in
Section 113.07.02 to organic soil additive or mulch by decomposition of material through an
aerobic process providin� adequate oxy�en and moisture. (Ref. 968)
�. DwellinQ Unit.
A separate residential dwelling place with a kitchen.
6. Garba�e.
Every accumulation of animal, vegetables or other matter that attends the preparation,
consumption, display, dealing in or storage of ineat, fish, fowl, birds, fruit and vegetables,
including the wrappers wasted along with such materials.
7. Multiple Dwelling Unit.
A residential structure with five or more dwelling units.
51
Fridley City Code
8. Landfill Site.
Section 113.01.15
A site for disposal of solid waste approved by the City, operated or conducted in accordance with
the rules and regulations of the Pollution Control Agency as adopted in accordance with
Minnesota Statutes, Section 116, as amended.
9. Person.
Any person, firm, partnership, association, corporation, company or organization of any kind.
10. Private Garbage and Solid `Vaste Collectors.
Any person who offers to or en�a�es in the collection of garbage or solid waste from any house,
apartment, public or private institution, or commercial establishment �vithin the City of Fridley.
11. Recyclable Materials.
All newsprint including supplements, office paper, corrugated cardboard, glass (food and
bevera�e), tin cans, aluminum, steel, and magazines and catalogs, and any other materials as
mutually agreed upon by the City and its Recycling Collector or building owners and their
Recycling Collectors.
12. Recycling Collector.
Any person or entity engaged in collectin�, transporting, and processing of recycled materials
from residential or commercial sites in the City.
13. Refuse.
All solid waste products or those having the character of solids rather than liquids in that they
will not flow readily without additional liquid and which are composed wholly or partly of such
materials as garbage, swill sweeping, cleanings, trash, rubbish, letter, industrial solid waste or
domestic solid wastes; organic wastes or residue of animals sold as meat; fruit or other vegetable
or animal matter from the kitchen, dining room, market, or food establishment of any places
dealinj in or handling meat, fowl, grain, or vegetables; offal, animal excreta, or the carcass of
animals; trees or shrub trimmings, grass clippings, brick, plaster or other waste matter resulting
from the demolition, alteration or construction of buildings or structures; accumulated waste '
materials, tires, junk; or other such substances which may become a nuisance.
14. Residential Properties.
Attached and detached single-, double-, triple- and quadruple-dwelling units and mobile homes.
15. Rubbish.
Wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust,
excelsior, wooden ware, printed material, paste board, grass, rags, stra�v, boots, shoes, hats and
all other combustibles not included under the term garbage.
52
Fridley City Code Secrion 113.04
16. Solid Waste.
Garba�e, recyclable materials, refuse, rubbish, swill, waste matter and other discards which are
nonhazardous waste.
17. Swill.
That particular garba�e which is wholly or nearly edible and useable as a food and has food
value for animals or fowl, accumulating from animal, ve�etable or other matter wasted from
clubs, hotels, hospitals, restaurants and public eating places.
18. Waste Matter.
Matter composed of soil, earth, sand, clay, gravel, loam, stone, brick, plaster, crockery, ashes,
cinders, shells and all other noncombustible material which has been or is to be discarded.
19. Yard �Vaste.
Lawn clippings and leaves. (Re£968)
113.02. SOLID WASTE CONTAINERS REQUIRED
The occupant of any private dwelling, the keeper or manager of any hotel, motel restaurant,
eating house, ar boarding house or any building where meals are served, the owner of any flat or
apartment house, trailer camp or auto court, and any other person havin� solid waste as herein
defined, shall provide and keep on such premises sufficient containers for the storage of all
refuse accumulated on the premises between disposal or collection. Each such container shall be
durable, watertight, shall have a tight fitting lid, shall be impervious to insects, rodents, vermin
and absorption of moisture and shall not exceed 32 gallons in size unless approved by the City of
Fridley. All solid waste on any premises shall be stored in the containers required herein except
if the same may be immediately consumed or disposed of on such premises in an incinerator of a
type approved by the City of Fridley.
ll3.03. COMMERCIAL CONTAINERS
All comrnercial, business, industrial, or other such establishments having a volume in excess of
one (1) cubic yard per week, and all four (4) family and larger dwellings, shall provide approved
bulk or box type solid waste storage containers or the approved equivalent. These containers
shall be so located as to be accessible to collection equipment and so as not to require an
intermediate transfer.
113.04. YARD WASTE CONTAINERS
Grass clippings, leaves and other similar solid waste may be placed in bags or bundles not
exceeding three (3) feet in any dimension and not exceedin� 60 pounds in weight and shall be
securely fastened to avoid spillage.
��
Fridley City Code
113.05. YARD WASTE TRANSFER SITE
Secrion 113.09.1
The City of Fridley operates a yard waste transfer site at 350 - 71st Avenue N.E., east of
Columbia Arena. Residentially generated leaves and grass that are transported by the generating
resident may be deposited at the site. Residents are limited to a per trip volume of ten bags of
bagged yard waste, or in the case of a loose load, one trailer or pick-up truck bed. Residents must
debag and take their bags with them upon leaving the site. Commercially-generated and
commercially-carried leaves and grass may not be deposited at the site. Only leaves and grass
may be deposited at the yard waste transfer site. (Ref. 955)
113.06. SOLID `VASTE ABATEMENT PROGRANI
The City of Fridley, in order to meet the requirements of State Law, established a Solid Waste
Abatement Program. This programming includes the curbside collection of recyclables, serving
residential dwellings of one to four units, the purchase and distribution of curbside recycling
containers, a drop-off redemption center for recyclables, a yard waste transfer site, and other
special abatement activities, as authorized by the City Council. (Ref. 962)
113.07. SOLID WASTE ABATEMENT PROGRANI FEE
Effective with the January, 1999, billing, the City of Fridley shall begin charging residential
dwellings of one to four units and multiple dwellings of 5— 12 units $S.SO per unit per quarter.
Multiple dwellings of 13 or more units certified for service under current contract for recycling
services will be charged the current contract price which the City is charged by a private
contractor to provide multi-unit recycling services. This fee shall be charged in conjunction with
the utility billin�s as administered by the Finance Department. This fee shall be called the Solid
Waste Abatement Programming Fee. This revenue shall be placed in the Solid Waste Abatement
Fund and shall be expended on solid waste programming activities. These activities include the
curbside collection of recyclables for residential dwellings of one to four units, recycling services
to multiple dwellings of 5-12 units, and other multiple dwellings of 13 or more units certified for
service under the City's contract for recycling services, the purchase and distribution of curbside
recycling containers, a drop-off redemption center for recyclables, a yard waste transfer center,
and other special abatement activities as authorized by the City Council.
113.08. OTHER CONTAINERS
All other solid waste on any premises shall be stored in the containers required by Sections
113.02, 113.03 and 113.04 hereof, except as the same may be consumed or disposed of on such
premises as permitted by said sections.
113. 09. SOLID WASTE DISPOSAL/COMPOSTING
1. No person shall dispose of solid waste, as defined in Section 13.01.10, upon any lands in
the City of Fridley unless on an approved landfill site, except that composting may be conducted
if in full accordance with the terms of Section 113.07.2.
54
Fridley City Code Secrion 113.12.1
2. Composting is permitted on residential properties containing up to four dwelling units
provided that all of the following conditions are met:
A. A compost area may consist of, but is not limited to, yard waste, fruit or vegetable
waste, garden waste, egg shells, coffee grounds, soil, fertilizer, flowers, or small shrub
trimmings or twigs (1/4 inch diameter maximum) generated from the site on which the
compost site is located. However, in no case are the following materials permitted in
compost areas: meat, bones, grease, whole eg�s, dairy products, and human or pet feces.
B. A compost area must be fully confined within a fenced area or enclosed structure.
C. A compost area may not be located in any front yard and must be at least five (�)
feet from any side or rear lot line. (Ref. 968)
113.10. SOLID WASTE COLLECTION
Solid waste, other than those items collected according to Section 11�.08 hereof, shall be
collected at least once every week, or more frequently if necessary, by a collector licensed
hereunder. The collector shall transfer the contents of the containers to a collection vehicle
without spilling them. If any spilling occurs, the collector shall clean it up completely. Upon
such collection, the containers shall be completely emptied and the lids of the containers shall be
replaced.
113.11. RECYCLING COLLECTION
Recyclable materials shall be collected at least once a month by a recycling collector licensed
hereunder. T'he City's recyclinj collector shall collect all recyclable material placed along the
curb of residential properties and at designated locations at multiple dwelling units of 5-12 units
and multiple dwellings of 13 or more units that have been certified for service by the City. Every
owner of a multiple dwelling of 13 or more units or other units not serviced under the City
contract for recycling services shall arrange and contract for at least monthly collection of
recyclables. Such services shall include collection of at least newsprint, glass (food and
beverage), aluminum, steel and tin cans, and corrugated cardboard. Privately contracted
recycling collectors shall collect recyclable materials from locations desi�nated by their
.
customers. These materials shall be transported by the collector to a processin� site and will be
marketed as determined by the recycling collector. (Ref. 1013)
' 113.12. PLACING OF SOLID WASTE CONTAINERS
l. Except for purposes of collection, all solid waste must be placed in the rear of the
premises, or it may be placed in the side yard setback if screened so as to be out of view from the
street, or in a garage located on the premises.
55
Fridley City Code
Secrion 113.15.1
2. The following special conditions may be used to make solid waste collection more
convenient:
A. Solid waste, except that which is stored in a container, as defined in Section
113.02 and 113.03 of this Chapter, may be placed adjacent to the curb or elsewhere on
the person's property.
B. Solid waste stored in containers as mentioned in Section A above, may be placed �
immediately adjacent to the front of the dwelling unit, but no further than three (3) feet
from the building. �
3. Except for convenience of collection, no containers or solid waste will be allowed in the
front yard for more than twenty-four (24) hours.
11313. PLACING OF RECYCLABLE NIATERIALS
At multiple dwelling units of 5 or more units, recycling collection containers shall be located
inside or adjacent to the waste dumpster enclosure. Alternate exterior locations may be
designated by the buildin� owner or manager. Recyclin� collection containers at multiple
dwellings of 5 or more units shall be clearly marked for acceptable material.
Fridley Municipal Center and Fridley Public Schools
Recycling collection containers shall be located inside or adjacent to the waste dumpster
enclosure. Alternate exterior locations may be designated by the building official. All recycling
collection located at the Fridley Nlunicipal Center and Fridley Public Schools shall be clearly
marked for acceptable materials. (Re£ 1013)
113.14. DEFECTIVE SOLID WASTE CONTAINERS
Whenever a solid waste container is in poor repair, is corroded or otherwise defective so as to
permit insects, vermin or rodents to enter, or does not meet any other requirements of this
Chapter, the collector shall notify the owner personally or by affixing a copy of a notice to the
container. The notice shall state the deficiency and shall require repair or replacement prior to the
next collection. If the deficiency has not been corrected, the collector shall notify the City. The
City shall then inspect said container and if found deficient, condemn same and order its '
removal.
113.15. RECYCLING AND SOLID WASTE HAULERS' REGULATION
1. License Requirement.
No person shall engage in hauling or conveying solid waste or recyclable material from any
premises, other than their own domicile, in the City unless that person holds a valid license
hereunder. Each such vehicle so used must be licensed
56
Fridley City Code Secrion 113.15.4.A
2. License Procedure.
A. The provisions of the License and Permit Chapter, Chapter 11 of this Code,
including the license fee shall apply to all licenses required by this Chapter and to the
holders of such license. The term of each license hereunder shall be from May 1 through
Apri130 for Solid Waste Haulers and from June 1 through May 31 for Recycling Haulers.
B. The application for license or renewal of license shall contain a description of the
types and makes of the motor vehicles used for collection, a schedule of services to be
made to the customers, the frequency of service to be rendered and full information as to
�vhere and how the material collected will be disposed of and any other information the
City of Fridley shall require. Applicants for licenses, after July 10, 197�, desiring to
provide routine weekly collection and removal of solid waste from residences shall
provide, as required under this Chapter, complete collection of all solid waste which
normally results from day to day use of this type of property except furnishings,
appliances, building or construction wastes and similar bulky wastes for which
individuals must make special anangements. The City may require vehicle inspection
before processinj the license application.
C. Applications for license hereunder shall be submitted to the City for review and
recommendation. If the Council is satisfied that the public need, convenience, and good
order will be served thereby, it may grant a license to any such application meetin� the
requirements of this Chapter.
3. License Classification.
Applicants for licenses issued hereunder shall be issued for the followin� classes of
operations:
Class I- Residential Refuse Collection Vehicle
Class II - Commercial and Business Refuse Collection Vehicle
Class III - Residential and Commercial Refuse Collection Vehicle
Class IV - Rubbish and Waste Matter Collection Vehicle
Class V- Rendering Collection Vehicle
.
Class VI - Recycling Collection Vehicle
4. Insurance.
A. Solid Waste Haulers.
Applicants for licenses or renewals of licenses shall file with each application a copy of
an insurance policy or policies and an endorsement, under which there is coverage as to
each vehicle to be used for loss or damage to persons in the amount of $100,000 for each
person and $300,000 for each accident; and far loss or damage to property in the amount
of $50,000. Every such policy shall provide that it shall not be cancelled or terminated for
any reason without at least ten (10) days written notice thereof first being given to the
City.
57
Fridley City Code
B. Recycling Hauler.
Section 113.15.6.E
Applicants for licenses or renewals of licenses shall be insured as defined by the contract
with the City.
S. Hours.
No person enga�ed in hauling solid waste, garbage or recyclable material from residential "
areas within the City of Fridley shall do so before 6:30 A.M. or after 8:30 P.M. on any
day. Furthermore, hauling from commercial, business, industrial, or other such -
establishments shall not reasonably interfere with, or create a nuisance for, adjacent
residential areas. There shall be no recycling, garbage or solid waste pick-up from
residential properties on Sunday.
6. Vehicles.
A. Each vehicle for which a license is applied for or which is licensed shall be
subject to inspection by the City of Fridley at the annual renewal date and at all
reasonable times. Any such vehicle, while it is used by the licensee in the City of Fridley,
shall have the name of the licensee clearly printed on both sides. Said lettering shall be at
least three (3) inches in height and the color of the lettering and of the backaround shall
be contrasting.
B. Each licensed solid waste vehicle shall have attached a decal to be issued by the
City sho�vin� the current registration. The decal shall be affixed to the outside of that
portion of the tnick body used to hold garbage or solid waste. Old, expired or otherwise
invalid decalcomania shall be removed from the vehicle.
C. Tile body of every solid waste vehicle licensed hereunder shall be constructed
entirely of inetal or the space in the vehicle in which solid waste shall be kept shall be
completely lined with metal. All joints shall be effectively closed so that no dripping or
leaking or drain off of water, liquids or any substances can occur. The loading space shall
be provided with a heavy tarpaulin or equivalent cover fitted with eyes, grommets, tie
ropes, or hooks so that the cover can be securely over the loaded solid waste. Every
vehicle used for collection of garbage or swill shall have a permanent metal cover, Every
vehicle shall be equipped with the necessary hand tools for cleaning up spills. '
D. Every vehicle licensed hereunder shall be kept well painted, clean and in good -
repair. Every such solid waste vehicle used for collecting garbage or swill shall be
cleaned every week, or mare often if necessary, to prevent persistent odors and shall be
cleaned before being used for any other purposes.
E. Recyclables, garbage, solid waste, rubbish, or other waste matter shall be loaded
so that none of such materials can jar loose and fall to the ground or street when the
vehicle is in motion. Loose paper, trash, and similar materials shall be so secured that
they cannot be displaced by the wind or fall out of the vehicle. Containers used to carry
solid waste in or on any vehicle shall comply �vith the requirements of Section 113.02
hereunder.
:
Fridley City Code
Secrion 113.19
F. tio person shall at any time park or store any recycling or solid waste collection
vehicle on any premises zoned for use as a single or multiple residence dwelling, within
one hundred (100) feet of any aforementioned premises, or within two hundred (200)
feet: of any food establishment, for purpose other than, or for periods inconsistent with,
providing recycling or solid waste collection at said premises. No person shall at any time
park or store any loaded ar partially loaded recycling or solid waste collection vehicle on
any premises within the City, except for the purpose of and for periods consistent with,
providing recycling or solid waste collection at that parcel of property.
7. Cancellation of Solid Waste Service.
The collector shall cancel service to any premises when the only container or containers thereon
have been condemned, and may cancel service when the party chargeable for the collection
service is two (2) months or more overdue in payin� for such service. When any collector
cancels service to any premises, written notice thereof shall be served upon or mailed to the
occupant, mana�er, or owner of the premises and a copy of the notice shall be mailed to the City.
8. Reports.
All applicants for licenses hereunder who provide recycling collection services in the City shall
submit at least quarterly reports to the City detailing the weight of recyclables by material type
collected during the previous quarter. Weights collected from multiple dwelling unit accounts
shall be reported separately from other commercial accounts. The reports shall be submitted by
April 10, July 10, October 10, and January 10. (Ref. 1013)
113.16. ABATE�IENT OF SOLID WASTE ACCUNTULATION
Any accumulation of solid waste on any premises not stored in containers which comply with
this Chapter, or any accumulation of solid waste on any premises is hereby declared to be a
nuisance and shall be abated by order of the City, as provided by Minnesota Statutes, and the
cost of abatement may be assessed on the property where the nuisance was found, as provided in
said sections.
113.17. LITTER
Minnesota Statutes, Section 609.68 are hereby adopted by reference and shall be full force and
effect in City of Fridley as if set out here in full.
113.18. FEES
The license fee and expiration date shall be provided in Chapter 11 of Fridley City Code.
113.19. PENALTIES
Any violation of this Chapter is a misdemeanor and subject to all penalties provided for such
violation under the provisions of Chapter 901 of this Code.
59
�
�
GTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 10, 2001
INFORMAL STATUS REPORTS
C���